HomeMy WebLinkAbout1996-04-03 PacketMINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 1
D AFT
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, in the Ukiah civic Center Council
Chambers, at 6:30 p.m. Roll was taken with the following
Councilmembers present: Malone, Wattenburger, and Mayor Schneiter.
Absent: Councilmembers Mastin and Shoemaker. Staff present: City
Clerk McKay, City Manager Horsley, City Attorney Rapport, City
Engineer/Public Works Director Kennedy, Finance Director Elton,
Public Utilities Director Barnes, Planning Director Sawyer,
Assistant to the City Manager Harris, Assistant Redevelopment
Director DeKnoblough, Public Works Administrator Goodrick, and
Public Works Superintendent Looney.
2. INVOCATION/PLEDGE OF ALLEGIANCE
Assistant to the City Manager Harris delivered the Invocation and
Mayor Schneiter led the Pledge of Allegiance.
3. PROCLAMATION SUPPORTING 58TH ANNUAL REDWOOD REGION LOGGING
CONFERENCE MARCH 21-23, 1996
Mayor Schneiter read and presented the Proclamation to Phillip
Shuster, President Redwood Region Logging Conference, who informed
Council of the objectives of this organization and upcoming special
events at the Logging Conference.
URGENCY ITEM FOR NEW BUSINESS
The City Manager reported on the need for Council to consider and
take action on an urgent item of City business which arose after
the preparation of this agenda, and requires a vote of Council to
add to this agenda.
M/S Wattenburger/Malone to add "Consideration of Proposal from
Environmental Science Associates for Preparation of Addendum to
Certified Landfill EIR as Requested by the City of Willits for
Addition of 10 Garbage Trucks", to this agenda. The motion was
carried by the following roll call vote: AYES: Councilmembers
Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
4.Approval/Correction of Minutes of Regular Meeting of March 6,1996
M/S Malone/Wattenburger to approve the minutes of the regular
meeting of March 6, 1996, as submitted. The motion was carried by
the following roll call vote: AYES: Councilmembers Malone,
Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
5. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Government Code Section 1094.6 of the
California Code of Civil Procedures.
CONSENT CALENDAR
M/S Wattenburger/Malone to approve the Consent Calendar as follows;
6a. Received and approved the report of disbursements for the
month of February 1996.
6b. Denied claims for damages received from Thomas Parducci and
Linda Perez; and referred to City Insurance Carrier REMIF.
6c. Adopted Resolution No. 96-46 establishing and abolishing No
Parking Zones/Bus Loading Zones on the East Side of South State
Street between Mill and Gobbi Streets.
6d. Adopted Resolution No. 96-47 amending Resolution No. 96-45,
authorizing the Mayor to execute amendment No. 2 to contract No.
92-SAO-20058 between the City of Ukiah and the Western Area Power
Administration.
Reg. Mtg.
March 20, 1996
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 2
6e. Adoption of Ordinance No. 962 amending Section 3000 (Model
Code Adoption) of the Ukiah City Code, Building Regulations.
6f. Awarded bid for Polemount Transformers; Five 5 KVA, Five 15
KVA, Six 25 KVA, and Six 37.5 KVA Transformers to Western States
Electric in the Respective Amounts of $2,504.25, $2,557.90,
$3,719.40, and $5,033.62; and Nine 50 KVA Transformers to Central
Maloney, Inc. in the Amount of $11,959.47
6g. Award of Bid for Padmount Transformers; Five 37.5 KVA and
Three 50 KVA transformers to Westinghouse Supply Company in the
Respective Amounts of $11,261.25 and $6,788.91; Three 25 KVA and
Two 75 KVA Transformers to Central Maloney, Inc. in the respective
amounts of $4,916.35 and $4,601.02
6h. Received the report of notification to Council regarding the
purchase of a Streaming Current Monitor, from Chemtrac Systems,
Inc. In the amount of $8,043.75.
6i. Awarded bid for 50 Foot and 55 foot Class 3 Western Cedar
Poles to J.H. Baxter in the amount of $13,159.58, including tax and
freight.
The motion was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES:
None. Absent: Councilmembers Mastin and Shoemaker.
7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
None.
PETITIONS AND COMMUNICATIONS
9a. Consideration of March 5, 1996 Letter From Mendocino Council of
Governments and March 11, 1996 Letter From Mendocino Transit
Authority Requesting Opposition to AB 2084
The city Manager reported AB 2084 provides that by a simple
majority vote, the Board of Supervisors of a County could take as
yet an unspecified percentage of Transportation Development Act
Funds, which is 1/4% sales tax, to use for any County General Fund
purpose. The bill excludes the City's share of TDA's from this
raid. She noted both MCOG and MTA are requesting the city's
participation in opposition to our legislators of this bill.
Councilmember Wattenburger and Mayor Schneiter reviewed past
actions of these agencies pertaining to this needed funding.
M/S Wattenburger/Malone to authorize the Mayor to send a letter
of opposition to Assemblyman Houser and Senator Thompson. The
motion carried with a unanimous voice vote of all AYE.
UNFINISHED BUSINESS
10a. Set Date for Electric Workshop
It was the consensus of Council to meet for Council Electric
Utility Workshop at 5:30 p.m. prior to the regular meeting of April
3, 1996.
10b. Adopt Resoluti6ns Appointing Airport Commissioner and Planning
Commissioner to Fill Existing Vacancies
The City Clerk reported three applications were received for the
one vacancy on the Airport Commission from John Reinhart, William
French, Jr., and Robert Webb, and noted the two out of city
residency positions on this Commission are already filled so Mr.
Reinhart cannot be considered for appointment at this time. She
explained the various options available for Council consideration
regarding the current Planning Commission vacancy with no
applications received at this time.
Reg. Mtg.
March 20, 1996
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 3
Councilmember Malone nominated Robert Webb to fill the unexpired
term of Chuck Simon on the Airport Commission to June 30, 1998. The
nomination was approved with the following roll call vote: AYES;
Councilmembers Malone, Wattenburger and Mayor Schneiter. NOES:
None. Absent: Councilmembers Mastin and Shoemaker.
Discussion ensued regarding possible appointment to the Planning
Commission from previous applicant pool within the past year.
Councilmember Malone nominated John McCowen, who applied for the
Planning Commission last July, to fill the current vacancy on the
Planning Commission. The nomination died for lack of a second to
the nomination.
Discussion ensued regarding readvertising timeframes.
M/S Schneiter/Wattenburger to re-advertise the vacancy on the
Planning Commission and bring applications back to Council at the
regular meeting of April 17, 1996. The motion was carried by a
unanimous voice vote of all AYE.
M/S Malone/Wattenburger to adopt Resolution No. 96-48, appointing
Robert Webb to fill the unexpired term of Chuck Simon on the
Airport Commission to June 30, 1998. The nomination was approved
with the following roll call vote: AYES; Councilmembers Malone,
Wattenburger and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
Recess - 7:43 pm
Reconvened - 7:54 p.m
PUBLIC HEARING - 7:00 p.m.
8a. Adoption of ordinance as an Urgency Item, Amending city Code
Section 2462, Allowing Greater Flexibility in the Use of Trailer
Coaches and Camp Cars Within City Limits
The Senior Planner reported on the Planning Commission's
recommendations for amendment to Ukiah city Code Section 2462 to
allow temporary living for non-resident visitors in trailer coaches
or camp cars, by administrative review, and for a limited time with
specific criteria to be met.
Councilmember Wattenburger questioned the City Attorney as to
having a conflict due to his membership in the Church which
requested this amendment.
The City Attorney noted if there is no financial effect, there is
no legal conflict.
Council queried staff regarding administrative costs and possible
future fees.
PUBLIC HEARING OPENED - 7:06 PM
Janice Evans, 1041 Maple Avenue, requested a definition of camp
cars, which the Planning Director read from the code. She indicated
she is opposed to this amendment to the Code due to possible health
and sanitation violations, impacts to nearby homes in residential
areas, noting there are RV parks set up for this activity,
questioned why one letter from one church created this proposed
code amendment, expressed concern for big motorhomes impacting
neighborhoods in R-1 zones, and it is not clear what criteria the
Zoning Administrator will use for issuing this permit.
The City Attorney stated that the issuance of the permit would
depend that the use is not detrimental to public health, safety and
welfare, to be determined by building department, and staff would
answer complaints and abate violations.
Reg. Mtg.
March 20, 1996
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 4
John McCowen, P.O. Box 454, Ukiah, stated the City is trying to
accommodate a good volunteer effort with the proper process, but
this proposed Ordinance could open a pandoras box. It is his
understanding that camp cars could not be parked in front or side
yard setbacks; feels permits should not be allowed in R-1 zone, but
does not know what the Church is zoned. He feels the administrative
permit is a good process, and hopes there is some criteria for
guiding the Zoning Administrator, for limited use.
Penny Mathis, Geneal Manager for the RV park on Gobbi Street,
opposes this Ordinance. She stated the current Ordinance is not
enforced, so how can this new Ordinance be enforced. She stated
that there would be loss of business licenses, fees, revenues of
private RV parks and the Fairgrounds. She explained that some
expandable trailers are 20 feet wide. She has seen trailers parked
on streets with cords and expandables out to sidewalk and noted
propane is highly flammable. She indicated that the Manor Oaks
Park is equipped to handle these vehicles, and asked Council to
consider the effect on local business and homeowners. She
distributed pictures of trailers parked on City streets, being
lived in.
Delosis McGrew, Fairgrounds Manager, 1057 N. State Street, stated
that recreational vehicle parking creates much needed revenue to
the Fairgrounds. She reminded Council that City permission for the
fairgrounds RV park was allowed by letter from city Manager to the
State. She asked Council to reconsider any possible action tonight
that will affect the Fairgrounds operation. She explained how lost
revenues affect the Fairgrounds operations which benefit the whole
community.
Public Hearing Closed - 7:28
Mayor Schneiter questioned the voting number required for adopting
urgency measures.
The City Attorney advised due to two Councilmember absent from this
meeting, The 4/5ths vote requirement cannot be met, so normal
Ordinance processing would be required if action is desired.
Motion by Councilmember Malone to table this matter. The motion was
seconded for discussion by Councilmember Wattenburger.
Councilmember Wattenburger noted he is a member of the congregation
of the Church which requested an amendment to allow trailers of
volunteers helping on a yearly project, but explained he is looking
at this as a whole issue for the city. He explained he has seen
trailers and motorhomes parked for various situations, such as
remodeling, fire damage, security on property, and feels citizens
expect to be allowed to use their property in a beneficial way. He
feels the Planning Commission has thoroughly addressed all issues
and feels it is proper, although he would like to limit use in
zones.
Councilmember Malone commented he would like to see something
simpler for good reasons such as remodeling, with a sticker in the
window process, to let neighbors and authorities know it has been
allowed by a permit process. He noted that Churches could ask their
congregation to open their homes to house the volunteers if they
could not afford RV park costs.
Mayor Schneiter called for the question.
The motion on the floor passed with the following roll call vote:
AYES: Councilmember Malone and Mayor Schneiter. NOES: Councilmember
Wattenburger. Absent: Councilmembers Mastin and Shoemaker.
Mayor Schneiter suggested staff look at how other communities
address this matter.
Councilmember Malone suggested staff look at how to notify and
Reg. Mtg.
March 20, 1996
Page 4
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 5
involve neighbors, criteria and a permit in window.
M/S Schneiter/Malone to request this matter be taken back through
the Planning Commission process to fine tune out the rough spots
and bring back after July 1, 1996. The motion was carried by the
following roll call vote: AYES: Councilmembers Malone,
Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Councilmembers Mastin and Shoemaker.
NEW BUSINESS
11a. Accept Fiscal Year 1995 Audited Financial Statements from
Davis Hammon & Company
The Finance Director reported on the transmittal letter from the
auditors and reviewed the report with Council.
Council queried staff regarding auditors recommendations and
timeframes.
M/S Wattenburger/Malone to accept the audited financial statements
for the City of Ukiah, from Davis Hammon & Company, CPA's for the
year ended June 30, 1995. The motion was carried by the following
roll call vote: AYES: Councilmembers Malone, Wattenburger, and
Mayor Schneiter. NOES: None. Absent: Councilmembers Mastin and
Shoemaker.
11b. Adoption of Resolution Changing Hours of Operation at the
Ukiah Municipal Solid Waste Site Effective April 1, 1996
The Public Works Administrator reported on current hours at the
landfill in summer and winter for public and commercial haulers.
She explained staff closing procedures and impacts from employee
absences. She indicated that staff recommends maintaining the
current hours of 8 am to 4 pm to help mitigate traffic, allow staff
more time after closing to complete closing procedures, provides
more consistency in hours of operation for the public as it is less
confusing than changing hours twice each year. She reported the
commercial haulers have indicated this change will not affect them
and a earlier report on landfill operations by Mr. Mike Sweeney
indicates there are only 4 to 5 customers arriving during this one
hour in the late afternoon each day.
Councilmember Malone stated the city road sign on Perkins needs
repainting with the hours.
Mayor Schneiter indicated he is concerned about notifying the
public as to this change, and requested staff to fully advise the
public in all manners, to preclude someone hopping in their truck
at 4:45 to go to the dump and then be inconvenienced.
M/S Wattenburger/Malone to adopt Resolution No. 96-49, adjusting
the hours of operation at the Ukiah Municipal Solid Waste Site.
The motion was carried by the following roll call vote: AYES:
Councilmembers Malone, Wattenburger, and Mayor Schneiter. NOES:
None. Absent: Councilmembers Mastin and Shoemaker.
11c. Authorize the Mayor to Execute Exhibit A, Revision 1, to
Contract No. 92-SAO-20058 Between the City of Ukiah and the Western
Area Power Administration
The Public Utility Director reported on the advantages of this
proposed revision to the current agreement and noted it will create
considerable savings to our energy costs, as the California Oregon
Transmission costs are less.
M/S Wattenburger/Malone to authorize the Mayor to execute Exhibit
A, Revision 1, to Contract No. 92-SAO-20058 between the City of
Ukiah and the Western Area Power Administration. The motion was
carried by the following roll call vote: AYES: Councilmembers
Malone, Wattenburger, and Mayor Schneiter. NOES: None. Absent:
Reg. Mtg.
March 20, 1996
Page 5
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 6
Councilmembers Mastin and Shoemaker.
11d. Authorize Staff to Continue Discussions with Redwood Valley
County Water District Relative to the Possible Sale of Water
The city Attorney disclosed his dual representation of concerned
parties, as he has previously disclosed and is on file.
The Public Utilities Director reported on water issues concerning
the RVCWD, advantages to the City of Ukiah for sale of water, water
rights issues, and permitting and licensing impacts.
Council queried staff regarding legal issues, water policies of
surrounding agencies, and the details of agreement wording
protecting the city's and surrounding communities water use.
M/S Malone/Wattenburger to authorize city staff to continue
discussions with Redwood Valley County Water District relative to
possible sale of water; contingent upon the City Attorney's
approval. The motion was carried by the following roll call vote:
AYES: Councilmembers Malone, Wattenburger, and Mayor Schneiter.
NOES: None. Absent: Councilmembers Mastin and Shoemaker.
11e. Preparation of Addendum to EIR Request by city of Willits as
an Urgency Request
The City Engineer/Public Works Director reported on new information
just received from the City of Willits requesting amended figures
in the certified landfill EIR, to reflect an additional 10 garbage
trucks per day from Willits, instead of the previous figure of four
transfer trucks. He explained the Willits Council discussions
regarding hauling after the Willits landfill closes June 1997 .and
the projected opening of the transfer station in June 1998. He
reported the EIR consultant (ESA) has advised they can prepare
this addendum in the amount of $3,500, after legal review by our
city Attorney.
Council discussion with staff ensued regarding continuing costs of
concessions to other agencies for uncertain future use of our
landfill, transfer sites and legal issues.
M/S Schneiter/Malone contingent upon approval from city Attorney to
proceed; authorized staff to have an addendum made to the Certified
Landfill EIR, and authorized expenditure of $3,500 for the
preparation of the EIR Addendum by Environmental Science Associates
from funds budgeted for the construction of a gas collection system
for the area exceeding maximum methane levels, from acct. #660-
7301-250-005. The motion was carried by the following roll call
vote: AYES: Councilmembers Malone, Wattenburger, and Mayor
Schneiter. NOES: None. Absent: Councilmembers Mastin and Shoemaker.
CITY COUNCIL/REPORTS
Councilmember Malone - Reported he will be attending a League of
California Cities meeting; he was approved as a City representative
nominee for the North Coast Railway Authority and noted he attended
the NCRA meeting today in Cloverdale.
Councilmember Wattenburger - Reported on the pocket park sub-
committee he attended and noted the recommendation is coming to
Council next meeting.
Mayor Schneiter - Noted there is nothing to report.
13. CITY MANAGER/DEPARTMENT HEAD REPORTS
The city Manager reminded Council the City sponsored ballot
measures still need public attention.
Recess to Ukiah Redevelopment Agency - 8:56 p.m.
Reg. Mtg.
March 20, 1996
Page 6
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - March 20, 1996 Page 7
Reconvened as City Council - 9:15 p.m.
CLOSED SESSION
14a. As Per Government Code Section 54956.8 - Conference with Real
Property Negotiator for Instruction Regarding Sale or Lease of
Real Property/Hydroelectric Facilities at Lake Mendocino/IDA West
Council entered Closed Session at 9:16 p.m.
Council came out of Closed Session at 9:25 p.m.
14. ADJOURNMENT
There being no further business the meeting was adjourned 9:26
p.m., to April 2, 1996 at 9:00 a.m. in the Ukiah Civic Center
Council Chambers for Investment Seminar.
CCMIN.223
Cathy McKay CMC/AAE, City Clerk
Reg. Mtg.
March 20, 1996
Page 7
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
April 3, 1996
6:30 p.m.
1. Roll Call
2. Invocation/Pledge of Allegiance
3. Proclamation Declaring May 11, 1996 as National Association of Letter Carders Food Drive Day
4. Approval/Correction of Minutes of Regular Meeting of March 20, 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 Staff`and/or Planning Commission
recommendations.
a. Adopt Resolution Authorizing Submittal, Execution and Acceptance of Federal Emergency
Shelter Grant
b. Notice to Council of Purchase of Pool Chlorinator
c. Authorize Mayor to Send Letter to State Legislature Supporting SB 1590 (O'Connell)
d. Authorize City Manager to Execute Site Use Agreement for Temporary Household
Hazardous Waste Collections to Be Carried Out by Mendocino Solid Waste Management
Authority
e. Authorize the Transfer of Funds Within the Landfill Budget Unit for Temporary Scraper
Services and the Extension of the Service Contract with Wipf Construction
f. Authorize Transfer of Funds Within the Landfill Budget Unit 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 Groundwater at the Ukiah Landfill
g. Authorize 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
h. 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 Off`site
Capital Improvements Related to the Airport Industrial Park Development
.
.
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.
UNFINISHED BUSINESS
a. Adoption of Resolution Creating and Adopting The Oak Street Parking Facility Landscape
Area as "Gardner Pocket Park"
.
10.
11.
12.
NEW BUSINESS
a. Set Time and Date for Dedication of Advanced Wastewater Treatment Facility
b. Adoption of Resolution Authorizing Loan Agreement to Ukiah Redevelopment Agency
CITY COUNCIL/REPORTS
CITY MANAGER/DEPARTMENT HEAD REPORTS
CLOSED SESSION
a. Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE
EVALUATION - City Manager
13. ADJOURNMENT
The City of Ukiah colnplies with ADA requirements and will attempt to reasonably accommodate
individuals with disabilities upon request.
Across America, in large cities and small towns, letter carriers
travel their routes everyday throughout all communities; and
These men and women are keenly interested in the well-being of
their friends and neighbors and uniquely aware of the hunger facing
many families; and
These individuals and the U.S. Postal Service have embarked on
an ambitious project to help feed the hungry through the annual
National Association of Letter Carriers (NALC) Food Drive; and
--
Postal customers simply leave food items zn bags by their mail
boxes on the Food Drive day. When the city letter carrier comes by
that day delivering mail, the food is collected, taken back to a postal
station, then delivered to the local food banks; and
What began as a pilot program in 10 cities in 1991 has grown
quickly into the largest one.day food collection in our nation.
NOW, TI~.RI~.FORE, 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 May 11, 1996, as
NA~ NATIONAL FOOD DRIVE DAY
and urge all citizens to take part by placing a food donation by your
mail box on Saturday, May 11. Your letter carrier will pick it up and
deliver it to the Food Bank.
~red sch~neiter, Mayor
·
ITEM NO. 6a
AGENDA
SUMMARY
DATE' April 3, 1996
REPORT
SUBJECT: ADOPT RESOLUTION AUTHORIZING SUBMITTAL, EXECUTION, AND
ACCEPTANCE OF FEDERAL EMERGENCY SHELTER GRANT
The California State. Department of Housing and Community Development (HCD) has
announced the availability of approximately $4,000,000 over the next two years for the Federal
Emergency Shelter Grant (FESG) Program. Eligible projects include shelter or programs which
provide essential services to the homeless or assist in the prevention of homelessness. Two local
organizations, Ukiah Community Center (UCC) and the Ford Street Project (FSP) have requested
City assistance in applying for the grant. Two separate applications might be evaluated as
competing projects, and thus, a single coordinated effort through the City is proposed. There is no
direct financial participation required of the City, though staff time is required for administration.
Funds to compensate for this administration (1% of the total request) are to be included in the grant
proposal.
The City is currently administering a FESG with both UCC and FSP serving as subcontractors.
This existing grant was initiated in 1994 and will terminate in May of this year. We also administered
a grant from 1992 to 1994. The proposed grant will encompass the same activities at about the
same funding levels as are presently being provided. The program has worked extremely well with
substantial benefits to the community's targeted population. Staff is very pleased with the
performances of UCC and FSP in the grant and believes continuation of the programs is necessary.
Staff recommends that the City Council continue this partnership and authorize the submittal
and acceptance of the grant by adopting the attached resolution.
RECOMMENDED ACTION'
Adopt resolution authorizing the City Manager to submit and
accept Federal Emergency Shelter Grant.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine the City does not desire to participate in this program and do not adopt resolution.
2. Determine amendments are necessary to the program, make desired changes, and adopt
modified resolution.
Acct. No. (if NOT budgeted): N/A
Appropriation Requested: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.' N/A
(if budgeted)
N/A
The Ford Street Project and Ukiah Community Center "~,
Michael F. Harris, AICP, Assistant to the City Manager ~.~.~,
Candace Horsley, City Manager
1. Resolution for adoption, page 1
APPROVED:
4/CM:ASRFESG
Cand~Ce Horsley, CitY Manager
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AUTHORIZING SUBMITTAL, EXECUTION, AND ACCEPTANCE
OF FEDERAL EMERGENCY SHELTER GRANT (FESG)- 1996
WHEREAS, the State of California, Department of Housing and Community Development,
Division of Community Affairs, issued a Request for Proposals under the Federal Emergency
Shelter Grant (FESG) Program for 1996; and
WHEREAS, the Ukiah Community Center and the Ford Street Program are non-profit
corporations willing to contract with the City of Ukiah to complete the activities proposed in the
grant; and
WHEREAS, both the Ukiah Community Center and the Ford Street Project provide
essential services to the homeless, are qualified to perform the programs eligible for grant
assistance, and have extensive experience in quality grant compliance and administration; and
WHEREAS, the City of Ukiah certifies that if it receives a grant from the Federal
Emergency Shelter Grant Program, all uses of the funds will be in compliance with Federal
Emergency Shelter Grant Program Regulations and Contract.
NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah City Council hereby
authorizes the City Manager to apply for and accept a grant from the Federal Emergency Shelter
Grant Program in the amount of not more than $225,000 and to enter into a contract and any
amendment thereto with the California Department of Housing and Community Development to
perform any and all responsibilities in relationship to such contract.
PASSED AND ADOPTED this 3rd day of April, 1996, by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Cathy McKay, City Clerk
R:4/Res:FESG
Fred Schneiter, Mayor
ITEM NO. 6h
DATE: April 3, 1996
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF GRANULAR
CHLORINATING SYSTEM FOR THE MUNICIPAL SWIMMING POOL
As required by Section 1522 of the Municipal Code, staff is filing with the City Council this report
regarding the purchase of a granular chlorinating system from Aquatic Commercial Industries, in the
amount of $5,607. Three Requests For Quotation were issued, with Aquatics Commercial Industries
being the lowest bidder. Staff has attached the RFQ's for Council review.
This item was budgeted in the 100-6130-800 account, in the amount of $5,370. The additional $237
is included in the bid as a system upgrade and is available in the 800 account.
RECOMMENDED ACTION: Receive report regarding purchase of the granular chlorinating system.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Attachments:
Acct. No. (if NOT budgeted): N/A Acct. No.: 100-6130-800
Appropriation Requested: N/A (if budgeted)
Citizen Advised: N/A
Requested by:
Prepared by: Larry W. DeKnoblough, Assistant Redevelopment Director
Coordinated with: Nora Kennedy, Purchasing Supervisor
Bruce Weselsky, Parks Supervisor
1. Bid Response, Aquatics Commercial Industries
2. Bid Response, Lincoln Equipment, Inc.
3. Request for Quotation Mailing List
APPROVED:~
Candace Horsley, City M~ager
4/LD:ASRChlor
A~V~TIC COMMERCIAL IND.
P.02
CITY of UKIAH
TI-I~ I$ NOT AN ORDER
DATE: 3/1/96
.REQ. NO, . E 14900
1'0:
AQUATIC COMMERCIAL INDUSTRIES
20340 I/20rcharO ROad
Saratoga, CA 9~070
Attn: I~ichard Youn~j4,
AOlilgI'. CtTY of UI~d-t
BY: N~"~ KaancJy
QUOTATIONS AI~Rt~~DPORTI~FOI-I-DWI~OITgM$~ ALL QUOTATIONS SHALL }~g F,O,B. UK_IAfl, CA,
QUA,'~rlTY DESCRIFrlON
~s~l fo~ (4) :~w ~ H ~o~e F~ ~im,
~o (2) 1~ hp B~st ~p UMm ~d ~o (2) wa:
v~v~. F~ sys~m ~ ~ ti~ him ~s~ S~ol ~c~
Conuol Sysco, U~m to ~ ptovid~ wi~ ~0 lbs. of
pl~ ~o~ for s~ up ~ic~. /
P~I $i~: 90,~0 g~, ~ 2~,~
~ you have qu~flom reg~R ~ above~ con,ct: .Bruce W~ky at
707-972.20~
CO~LI~ ~ ~WS & ~~ONS: MI mt~$, ~
.....
.....
~ ......
___
Sm~ 0f ~~ Con~n ~~ ~s C-33 or ~-61-D$3 ~0 City of
on City fo~ ~v~ ~ ~ty ~d~ W0tk~'l Come, on ~w$.of
~S~ of ~o~ ~ ~m~~w OCn~ L~ ~~ of $1,~,~
,,~,~ ~ city u aa~u~ ~. OD ~ IL ,
...... · ..~ ..-
~6 04~6
FROM LINCOLN - CONCORD TO l?O?gJ82JS?
CiTY of UKIAH ..
P. 0~
TO:
~ z~ ~oz ~ opera
UNCOI..N EQUIPMEI~T INC,
~ Co~mer~ ^!~e,
UOTATIONS SIiALL DE F,O~. CA,
,.
~,000 S~. md 240,000
If you have quatlo~ rqisrdiaI tile above,
.....
lad OSHA. Material Sqf~ty Data ~1~14~1 tO
..
~QU~TX~ ~OMMERCIAL XN~- ~8~8~?+1~1~ P.O~
CITY of UKIAH
Pam~ 707-46:1-0~33 }:ax 707-46249~1
·
CITY of UKIAH
Ukiah CA, 95482
Ph,~c 707--46:1-6235 Fax 707-462-4281
·
REQUEST FOR QUOTATION
i
THIS IS NOT AN ORDER
DATE; 3/]/9¢)
REQ.'NC~. E 149~:x~
TO:
~QUATIC COMME~IAL INDUSTFdES
JEFFERS SPAS & POOLS
UNCOLN EQUIPMENT INC.
MOIR'S
POOLS BY RAPP
! :00 p.m. March ! 1, 199(;
AT T]~ Otq~"[c~ OF THE PURCHASING
AGENT. CrTY of UKIAH
BY: Nora K~me-Ay
_s .
QUOTATION3 ARE REQUF_,~TBD FOR TI-IE IK)LLOWING ITEMS: ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA.
QUA DESCRIPTION UNiT PRICE TOTAL
Provide equipment, materials and labor to complete the following:
Install four (4) new Pulsar I1 Chlorine Feed units, including
two (2) 1/2 hp Boost Pump Units and two (2) water solenoid
valves. Feed system to be tied into cxisling Strantrol Chemical
Control Systems. Units to be provided with 200 lb.~. of Pulsar
plus Chlorine for start up chemicaJ.
Pool Sizes: 90,000 gals. and 240,000 gals.
If you have qu~tions regarding the above, contact: Bruce Weselsky at
707-972-2063
COMPLIANCE WITH LAWS & REGULATIONS; All materials, parts & cquip-
m~t shall b¢ in compliance with thc laws & regulafio~ of the State of California
and OSHA. Material Safety Data Sheets to b~ pmvidr. A on chemicals.
LI~OAL RHOUIRE~ & Pl~,4rf~..; 7he contractor al0'e.~ to fully coniply
with all local, City, State & Federal laws, regulations & ordinances governing
pezformance of the service ~ovided, and it will be the responsibility of the
:conwactor to obtain any & all necessary licenses, permitx and/or clearances,
including costs incurred.
~_LICEN$I~ & INSURANCE REQI.IIREMENT$: ContracK)r must possess a current
State of Califo~a Contractors License Class C-53 or C-61-D53 and City of UkJah
l:)usines$ license,
Before any work is pea-formed, contractor shall furnish Certificates of Insurance
on City forms coveting full liability under Worker's Compensation laws of the
.State of California, and Comprehensive General Liability Insuranee of $],000,000
naming the City as additional insured.
~ . 1. Right Is re~ed to reject any and all bidS. '
AGENDA
SUMMARY
ITEM NO. 6c
DATE: APRIL 3, 1996
REPORT
SUBJECT: AUTHORIZE MAYOR TO SEND LETTER TO STATE LEGISLATURE
SUPPORTING SB 1590 (O'CONNELL)
Senator Jack O'Connell (D-San Luis Obispo) has introduced SB 1590 which would
implement the Supreme Court's decision relative to majority votes for taxes relative to Proposition
62. In the Santa Clara County Transportation Authority v. Guardino case, the California Supreme
Court ruled that all taxes imposed or increased after December 14, 1995 must first be approved
by a majority vote pursuant to the requirements of Proposition 62. The court action however did
not specifically rule on whether the case is retroactive or prospective only. SB 1590 is written to
designate in statute the prospective operation of the decision and validates actions taken before
the December 14, 1995 date.
The attachments provide information regarding the bill and indicate a hearing was to have
been held by the Senate Local Government Committee on March 27. That hearing was not held,
but was rescheduled for April 10. Therefore there is still adequate opportunity to forward the
Council's support for this bill.
Staff believes the legislation is very appropriate to define the implementation of Proposition
62 and not negate previous actions which relied on appeal court decisions striking down
Proposition 62 as unconstitutional. We recommend the City Council authorize the Mayor to send
a letter to the legislature supporting SB 1590.
RECOMMENDED ACTION:
Authorize Mayor to send letter to the State legislature
supporting SB 1590 (O'Connell).
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine amendments are necessary to the legislation or letter, note those
changes, and authorize Mayor to send revised letter.
2. Determine the City does not support the legislation and do not authorize Mayor
to send letter.
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
League of California Cities ' ~">..,
Michael F. Harris, AICP Assistant to the City Manager
Candace Horsley, City Manager
1. Draft letter for Mayor's signature, page 1.
2. Excerpt of the March 22, 1996 Legislative Bulletin from the League of
California Cities, pages 2-6.
3. Excerpt of the March 25, 1996 The City Insider, pages 7-8.
APPROVED:
.
Candace Horsley, City M ager
mfh:asrcc
4396SB 1590
300 SEMINARY AVE., UKI,AH, CA 95482-5400
· Al)MIN. 707/463-6200 · PUBLIC SAFE'P¢ 463-6242/6274
· FAX # 707/463-6204
DRAFT
April 4, 1996
Senator William Craven, Chairman
Senate Local Government Committee
State Capitol, Room 3070
Sacramento, CA 95814
Senator Ruben Ayala, Vice Chairman
Senate Local Government Committee
State Capitol, Room 5108
Sacramento, CA 95814
RE: SB 1590 (O'CONNELL)
Dear Senators Craven and Ayala,
At our meeting of April 3, 1996, the Ukiah City Council considered SB 1590 (O'Connell)
and recommended that our strong support for this legislation be forwarded to your Committee.
This proposal is very significant to local governments throughout the state and presents
a major stride toward clarifying and defining the recent California Supreme Court decision in the
Santa Clara County Transportation Authority v. Guardino case. That action left doubt as to
whether its affect was retroactive or prospective only. SB 1590 will designate by statute the
prospective operation from December 14, 1995 of the decision and will validate those taxes
enacted prior to that date which were based on the previous appeal court's action relative to
Proposition 62. This specification is necessary to eliminate any misunderstandings relative to the
fulfillment of Proposition 62.
The City of Ukiah appreciates the State legislature's attempts to define the decision and
clearly implement the Court's decision. Thank you in advance for your support of this measure.
Sincerely,
Fred Schneiter
Mayor
C:
City Council members
League of California Cities
mfh:letters
4496SB1590
'%Ve Are Here To Serve"
#12-1996
March 22, 1996
Senate Local Government Committee Hearing on SB 1~590: March 27, 1996; Contact
Members Now and Ask for an AYE Vote on Bill.
The Senate Local Government Committee has scheduled the first hearing on SB 1590 on March
27, 1996. The hearing will be held in the State Capitol in Room 112 and will start at 9:30 a.m. in
the morning. SB 1590 is deisgnated a "special order of business" and is set for a hearing at 11:00
a.m. during the normal committee schedule. City officials will be testifying at the hearing and
many others are expected to be present at the hearing. The League encourages those with interest
in the bill to attend the hearing.
·
The members of the Committee and Capitol phone number are as follows:
William Craven (Chair)
Ruben Ayala (Vice Chair)
Charles Calderon
Pat Johnston
Quentin Kopp
Herschel Rosenthal
Newton Russell
916/445-3731
916/445-6868
916/327-8315
916/445-2407
916/445-0503
916/445-7928
916/445-5976
The following is the letter drafted by the League in support of SB 1590. The letter has been
distributed to all members of the Legislature. If you have not communicated with your
Legislator on this issue, please do so now. The League support letter may serve to give some
suggestions for local letters to the legislators. Please relate the impact of Santa Clara/Guardino
on your community.
March 18, 1996
Senator Jack
)1
Ro
Sacramento.
RE: Local TaXatiOm Senate Bi1!'1590 (O'COnnell):-'Notice of SUpport
Dear: Senator O Connell:
1400 KStreet Sacramento
CA 95814
~ia Cities i'
916.658.8200 fax 916.658.8240
This is to first communicate the full support of the League of California Cities for SB 1590; and,
second to thank you on behalf of California's cities for introducing legislation that is critical to
the' i continued, delivery.ofesSential pUblic serVices'in.the general law cities of this state, The
legislatiOn does the fOllOwing:.:. ' :i:: .i :i'.~ .:'i. · "..'.
1. Implements the California SUpreme Court decision in Santa Clara CounO,
Transportation Authority v. Guardino that requires all taxes imposed or increased after
December 14, 1995 to be first apProved by a majority vote. This is pursuant to the
requirements of Proposition 62.
2. Designates in statute the prospective operation, from December 14, 1995 of the
Santa Clara/Guardino decision.
3. Validates all taxes enacted prior to December 14, 1995 in good faith reliance on
prior court of appeal deciSionS finding.ProPosition .62 voter approval requirements
unconstitutional.
The cities of California understand that the majority-vote requirement provisions of Proposition
62 have been validated by the Calitbrnia Supreme Court in tile case of Santa Clara/Guardino.
The imposition of new taxes and increases to existing taxes must now be placed before the voters
in the city and approved by a majority vote. The cities of California are prepared to live with that
standard.
The critical issue being addressed in your SB 1590 is the applicability of the Santa Clara/
Guardino decision to taxes that have already been pasSed by general law cities. The goal behind
this legislation is to definitively place into law tPe non-retroactive effect of the Supreme Court
decision and erase the specter of litigation that now. Bangs over taxes passed by city officials to
support essential city serVices.
It is our argument that the approach~ taken in your.legislation is the only reasonable conclusion
that can be reached given the develOpment· of the :law over'the last. nine to ten years and the
potential disruption of essential public safety services if any other approach were followed.
The League's supPort for Your SB 1590 is based on the.following cOnsiderations:
1. City Officials Acted in Good.Foitl~. The taxes enacted by city officials since 1986
were enacted in good faith based on a legal consensus as to the authority of cities to enact
the taxes. MultiPle appellate coUrt rulings declared Proposition 62 unconstitutional. The
Supreme Court was asked to review these appellate court decisions and declined to do so.
The legal, advice given to citY officials was prudent and cautioUs, based on the only
appellate law available~
#12
2 3/22/96
2. Local TaXes ImpoSed prudently. :ACCOrding to a survey ofCalifomia's general
law cities, city offiCialS have acted with reasOn when imposing taxes. The revenue raised
by general law cities in California is approximately $200 million. This is compared to the
approximately $500 million shifted away from cities in property taxes in the early 1990's.
Most of the taxes enacted by general law citieS were an attempt to at least minimize the
revenue takeaWays by the state. The remainder of the actions needed to balance budgets
have been serVice 'reductionS and efficiencies.
3. State Budget Decisions Have SUbstantially Reduced City Revenues, The current
fiscal condition is not strictly a function of local decisions and difficult economic times.
The state has taken ~najor actions that have reduced city revenues substantially over the
last 10 to 15 years. Within the last 5 years, the state has shifted approximately $500
million of city property tax revenue and redirected those revenues to the benefit of the
state general fund. During the debate over this revenue shift, many Legislators directed
cities to end their reliance on the property tax and raise the revenue through other local
taxes to fund services. City officials responded and raised taxes that are now threatened
by the Santa Clara/Guardino decision. It is noTM the state,s Obligation to protect the
revenues raised by cities as a result of the state'S revenue shifts: Absent this protection,
the state must seriously ConSider returning the $500 million in property tax shifted.
4. Public Safety ServiceS Threatenedl The safety of'city residents is measurably
threatened by the Santa Clara/Guardino decision. This is because the magnitude of the
financial cuts needed to complY'with the most.likelY scenario under the decision, can only
result in serious reductions of police and fire perSonnel~ In most communities in this state,
these public safety services are already marginal when Compared to community needs or
demands. On a statewide basis, the;tOtal amount of taxes threatened by the decision is
approximately $200 million in on, going revenues and a one.time $400 million loss, if
repayment of taxes, already cOllected is required.
For these reasons and many others the League:is in full supPort of the legislation and offers its
full'support in Your legislatiVe efforts to pass SB' 1590.
ReSponse t° Howard JarVis organization
The opposition of the Howard JarVis..Taxpayer AsSOciation:to your:.SB 1590 was certainly
eXpected, but several assertions in their oPPositi°n:letter'demand a reSpOnseI
First, the opposition letter claims that the approach in .SB 1590 is !.'blatantly illegal" because it
"alters a Supreme Court decisiOn'' and "amends a validlY adopted stateWide initiative". This
Claim distorts the provisions of SB 1590.which is Simply to determine' the prosPectiVe operation
of the Santa Clara/Guardino:decision. It.'does not in any. manner tamper with the provisions of
Proposition' 62. It d°es not :amend the law that i is proposition 62:-
The problem in the Santa 'Clara/Guardino decision is that the SUpreme COurt did not rule on the
applicability of the court case, i.e., is it retroactiVe.or is it prospective only? The fact that the
#12 3 3/22/96
c°Urt did ~nOt'answer these critical queStions PlaCeS a very dark Cloud over the ~ abilitY of cities to
continue essential public safety services. City officials and more importantly the citizens they
represent have to have an answer. SB 1590 is the.only reasonable answer to this question posed
by the California SUpreme CoUrt.
Second, the opposition frOm the H°Ward :jarvis 0rganizatioh claims that Supreme Court decisions
are as a rule deemed fully retroactive. As a ~, we agree with the Howard Jarvis
organization, however, the courts have also established exceptiOns to this rule to protect those
who have relied on overruled decisions or laws. See Hoogasian Flowers, Inc. v. State Board of
Equalization, 23 Cal. App. 4th 1264, 28 Cai Rptr. 2d 686(1994); Monterey Peninsula Taxpayers'
Assn. v. County of Monterey (MPTA), 8 Cal. App. 4th 1520, 11 Cal. Rptr. 2d 188 (1992).
In addition, the court has ruled that the Legislature could pass a bill that limits the retroactive
application of the Santa Clara/Guardino. deCisiOn: In the Forester .Shipbuilding Co..v. Los
Angeles, 54 Cal. 2d 450, 6 Cal, Rptr,' 24 (1960), the'court:ruled:
We have hitherto recognized that the California Constitution permits an appellate court to
applY an overruling decision prospectively only. :.: the Legislature is no less competent
than the court to eValuate the hardships involved:and decide whether considerations of
fairness and public policy warrant the granting of reliefi
The Legislature took this type of prospective relief in1992 to prevent the application of the Rider
decision to existing transPortation.agency sales taxes. The bill'was SB 1845 and Chapter 1233 of
the Statutes of 1992. . .... :. ~ .....
Third, the Howard Jarvis organizatiOn claims that local government lost. in attempts to get the
Supreme Court to rehear the Santa Clara/Guardino case and is now trying to accomplish the
"same ill-advised goal" in the Legislature with SB 1590. This is an interesting charge by the
organization that specifiCally endorSed the idea of a legislative approach as opposed to a judicial
approach in their petition to the Supreme Court urging the court not to grant rehearing: The
Howard Jarvis Taxpayer's Association said the following:
By pursuing a legislative remedy, the League is. doing what it should do ? asserting its
Thus, the HoWard Jarvis organization's present p°sition that' the League's efforts are somehOw
inapproPriate is perplexing at bests'.::::: "~'~ i : i:' :: .. :. ~:~ ~.-~.: ...'
Finally, the Howard Jarvis organization poses the rhetorical question'"what's so bad about
trusting the voters?" Our answer is that' nOthing is bad about truSting the Voters. SB 1590 clearly
recognizes and validates the application of the Santa Clara/Guardino decision to' any imposition
of a new tax or increase in an existing tax after December 14, 1995; This means that all future
taxeSWould be SUbject. tO.the'.majority vote requirements in sB 1590'2' ASStated in the °pening. ... to
#12 4 3/22/96
thiS' letter, the League: and..Cities :'~arei: prepared ~:itoi :accept md .:liVe with ~ thi's majoritY:. vote
reqUirement from D~cember 14, t995 fo~di~ii~;:~. ~'..i :i~':: .:::.~'ii ii i~'~:~ . '
We hope this clearly outlines the basis of our support of your SB 1590. The League is prepared
to assist in any and every manner in your efforts to pass this legislation. If you have further
questions aboUt, our position, Please id° n°t'hesitate to 'ContaCt me at the League .race.
Sincerely,
Dwight R. Stenbakken
Legislative DireCtor
c: Members of the Senate and Assembly
.
.
.
0
.
0
.
.
.
10.
******************************* ACTIVITIES********************
Educational Revenue Augmentation Fund Recapture'- AB 2228 (Mazzoni), Support;
AB 2406 (Villaraigosa), Support; AB 2797 (Aguiar), Support; AB 2828 (Sweeney),
Support; SB 1865 (Craven), Support.
Telecommunications Excavation Permits, Preemption - Limitation of Local
Authority- SB 1896 (Costa), Oppose.
Regulatory Takings. Conditional Use Permits. Ordinances. Compensation -
SB 1538 (Johnson), Oppose.
Public Employees Retirement System. Local Retirement Systems. Part-time
Employees - AB 2400 (Miller), Support.
Transportation Development Account Raid - AB 2084 (Richter), Oppose.
Public Convenience or Necessity, Alcoholic Beverage Mandates - AB 2841 (Hoge),
Oppose.
Contractor Exclusion, Statewide Standard, Preemption - SB 2113 (Haynes), Oppose.
Booking Fees, DMV- AB 2974 (Olberg), Support.
Concurrent Sales, Fuel and Alcohol. Local Control - AB 3382 (Knox), Support.
Alcoholic Beverages, Sales Data - AB 2921 (Sweeney), Support.
#12
5 3/22/96
ITY iN lB
Published by-monthly by the Governmental Advocacy Firm of Bob Wilson · March 25, 1996
SB 1590 TO Be Heard
SB 1590 by Senator Jack O'Connell (D-San
Luis Obispo) which, if enacted, would make the
GuardinG decision inapplicable to any tax that was
first imposed or increased prior to December 14,
1995 is set to be heard pursuant to a special order of
business in the Senate Local Government Committee
on March 27, 1996 at 11:00 a.m.
·
~t is extremely important that ai~'"'~it~i~-'i~f-~
/fected by Guarding send a letter of support to the'~
/ S. enate Local Government Committee ASAP so that}
/this information may be included in the committee//
~analysis. Currently, fewer than 25 cities have wri~en
{letters in support! The names and ~f-~e
~, members of the Senate L95al_Go~6rnment Committee
Senator William Craven, Chairman
Senate Local Government Committee
State Capitol, Room 3070
Sacramento, CA 95814
Senator Ruben Ayala, Vice Chairman
Senate Local Government Committee
State Capitol, Room 5108
Sacramento, CA 95814
Senator Charles Calderon, Member
Senate Local Government Committee
State Capitol, Room 4039
Sacramento, CA 95814
Published bi-monthly by the Governmen-
tal Advocacy Firm of Bob Wilson. The firm
specializes in representing governmental enti-
ties. The firm is comprised of former State
Senator Bob Wilson, former State Senator
Wadie P. Deddeh, and former Senior Legislative '
Consultant, Betty Klein.
The Wilson Building
1725 Capitol Avenue
Sacramento, .CA 95814
(916) 448-2187: Phone
(916) 448-5346: Fax
WILSCR: International Cable Address
GITY INSID
SB 1590 To Be Heard
Senator Pat Johnston, Member
Senate Local Government Committee
State Capitol, Room 5066
Sacramento, CA 95814
Senator Quentin Kopp, Member
Senate Local Government Committee
State Capitol, Room 2057
Sacramento, CA 95814
Senator Herschel Rosenthal, Member
Senate Local Government Committee
State Capitol, Room 4070
Sacramento, CA 95814
Senator Newton Russell, Member
Senate Local Government Committee
State Capitol, Room 5061
Sacramento, CA 95814
Support letters should stress the amount of
loss to the city and the effect this loss will have on a
city's ability to provide essential services such as
police and fire protection.
Individual support letters should also be sent
to each member of the Senate Local Government
Committee.
As stated above, SB 1590 is set to be heard on
March 27, 1996. However, the Chair of the Senate
Local Government Committee, Senator Bill Craven
(R-Oceanside) has been ill recently and at this writing
it is not clear if the Senator's health will allow him to
attend the March 27, 1996 hearing.
If Senator Craven is unable to attend because
of illness, it is likely that SB 1590 will be put over
until April 10, 1996 when the Legislature returns from
the Easter recess.
It is critical that Senator Craven be present
when SB 1590 is heard. Not only is Senator Craven
the Chairman of the Local Government Committee,
but he is also the principal co-author of SB 1590.
Senator Craven is highly regarded by. members of
both parties who look to the Senator for guidance.
The Senator's presence will go a long way toward
getting SB 1590 out of the Committee.
As reported in the last issue of C.I., cities are
very fortunate to have Senator O'Connell as the
author and Senator Craven and Senator Solis as the
principal co-authors. The co-author is Senator
Beverly. Senator Beverly is extremely well liked and
will bring with him Republican floor votes.
C.I. PREDICTS PASSAGE
C.I. predicts that when SB 1590 is heard in
the Senate Local Government Committee, it will have
enough votes to pass out of the Committee. How-
ever, this is by no means a certainty and it is impera-
tive that each city communicate with the members of
the Local Government Committee to request their
support. Cities were given a break when the Howard
Jarvis Taxpayers Association (HJTA) indicated that
they were going to sue charter cities pursuant to the
Guardino decision. This threat by HJTA has caused
charter cities that were sitting on the sidelines to now
actively support SB 1590.
DOUBLE REFERRAL
Rumor has it that those opposed to SB 1590
will request the Senate Rules Committee to also refer
SB 1590 to the Senate Revenue and Taxation Com-
mittee. C.I. predicts that if this request is made,
Senate Rules Committee will deny the request.
Passage of SB 1590 in the Assembly (assum-
ing it passei, the Senate) is still very "iffy." Many
Assemblymembers are saying privately that they
support the measure, but will not vote for SB 1590
because they believe it will be used against them in
their re-election campaign. Cities will have to make a
strong case to over come their fear. However, once
legislators learn the devastating effects that Guardino
will have on police protection and fire protection in
their respective cities, C.I. predicts that many
Assemblymembers who are leaning toward a "no"
vote will reconsider their position.
ITEM NO. 6d
MEETING DATE_April 3, 1996
AGENDA SUMMARY REPORT
SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE SITE USE AGREEMENT
FOR PERIODIC HOUSEHOLD HAZARDOUS WASTE COLLECTIONS TO BE
CARRIED OUT BY MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY
The Mendocino Solid Waste Management Authority (MSWMA) recently requested
permission to utilize the North Fire Station site for the purpose of conducting monthly
collections of household hazardous waste. The terms for such an arrangement were
drafted by MSWMA and reviewed by the City Attorney, City Manager, Director of
Public Safety and Fire Operations Commander. The final draft of this agreement is
submitted for approval by the City Council.
The collection of these wastes is a positive step in reducing the quantity of waste
materials stored in the home. It provides a safe and lawful way for residents to get rid
of unwanted household hazardous wastes. Regular collection of household waste
reduces the potential for such waste to be discarded at the City's solid waste disposal
site, reduces the potential for these wastes being involved in home fires, and reduces
the potential for environmental damage due to illegal disposal.
Allowing MSWMA to use of the North Fire Station for this purpose provides citizens
with a very useful service at a very convenient location. This activity will not adversely
affect the regular operations conducted at the station. With the exception of toilet
facilities, no other utility services will be used for the collection operation.
RECOMMENDED ACTION:
Authorize the City Manager to execute this agreement as presented.
ALTERNATE COUNCIL POLICY OPTIONS:
a. Authorize the City Manager to execute a modified version of the agreement.
Acct. No.: N/A Appropriation Requested: N/A
Citizen Advised: N/A
Requested by: Candace Horsley, City Manager
Prepared by: Roe M. Sandelin, Fire Operations Commander
Coordinated with: Fred W. Keplinger, Director of Public Safety and Candace Horsley,
City Manager
Attachments: Site Use Agreement For Periodic Household Hazardous Waste
Collections To Be Carried Out By Mendocino Solid Waste Management Authority
APPROVED By: r"~
~ Candac~ I:-I~r'-sle-y,"(~i~,~anager
SITE USE AGREEMENT FOR PERIODIC HOUSEHOLD
HAZARDOUS WASTE COLLECTIONS TO BE CARRIED OUT BY
MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY
This agreement is made and entered into on the day of
,1996, between the Mendocino Solid Waste
Management Authority, hereinafter referred to as "MSWMA", and the CITY OF
UKIAH, hereinafter referred to as PROPERTY OWNER.
RECITALS
WHEREAS, State law requires cities and counties to provide for the
collection and safe handling of household hazardous waste; and
WHEREAS, MSWMA, a joint powers agency representing the County of
Mendocino, the City of Ukiah, the City of Fort Bragg, and the City of Willits, and
working pursuant to a written agreement with the County of Lake, is undertaking
a mobile collection program for household hazardous waste open to the public
in Mendocino and Lake Counties; and
Site Use Agreement - Page 1 of 5
WHEREAS, the mobile household hazardous waste collection program
requires suitable locations in the major communities of Mendocino and Lake
counties where periodic temporary collections of household hazardous waste
can take place; and
WHEREAS, PROPERTY OWNER desires to benefit the community by
providing MSWMA with access to suitable site for certain temporary household
hazardous waste collection events;
THEREFORE, parties agree as follows:
1. PROPERTY OWNER grants MSWMA permission to schedule, permit,
publicize and conduct temporary household hazardous waste collections at
PROPERTY OWNER's premises at the North Fire Station, located on North
State Street between the Highway 101 off ramp and Orr Springs Road,
(hereinafter referred to as "SITE") subject to prior approval by PROPERTY
OWNER of the specific dates for such collections, and subject to all terms and
conditions of this Agreement.
2. No rent will be charged by PROPERTY OWNER to MSWMA for use of
SITE pursuant to this Agreement.
3. All such temporary household hazardous waste collections will be
open to the public on certain Fridays and Saturdays between the hours of 9
a.m. and 3 p.m. each day, or for a portion of such two-day periods, as MSWMA
may determine, with PROPERTY OWNER having right of prior approval of
specific dates.
4. MSWMA will conduct each household hazardous waste collection
using a special collection trailer, and other appropriate equipment, that
MSWMA will bring onto SITE not earlier than 12 hours before the opening of the
collection to the public, and which MSWMA will remove from the premises not
later than 24 hours following the cessation of collection from the public. The
Site Use Agreement - Page 2 of 5
specific location for set-up of MSWMA equipment on SITE is shown by the
diagram attached hereto as Exhibit "A."
5. MSWMA will bring all equipment, materials and personnel onto SITE
necessary for a legal, safe, clean and efficient household hazardous waste
collection, including spill control equipment, fire extinguishers, signs, and traffic
cones.
6. All hazardous waste received at SITE will be handled, stored,
packaged and shipped in a safe and lawful manner to prevent spill or hazard to
persons or property.
7. MSWMA will observe all applicable federal, state and local
regulations for the operation of the temporary household hazardous waste
collection.
8. MSWMA will regulate incoming public vehicles attending the
temporary household hazardous waste collection so that safe conditions will be
maintained and that traffic will not interfere with PROPERTY OWNER's use of
SITE. If any unsafe condition develops concerning traffic, weather, or any other
circumstance, MSWMA will immediately close the collection event to the public.
9. MSWMA will remove all hazardous waste from SITE as soon as
practical, but not later than 24 hours, following close of the collection.
10. In the event that containers of household hazardous waste are left at
SITE by unknown persons within 48 hours following the close of a temporary
household hazardous waste collection at SITE, MSWMA will return to SITE and
pick up such household hazardous waste.
11. PROPERTY OWNER will provide MSWMA with access to toilets.
12. MSWMA will obtain the necessary permit from the State of California,
Department of Toxic Substances Control to conduct all temporary household
hazardous waste collections at SITE.
Site Use Agreement - Page 3 of 5
13. MSWMA will maintain in effect general liability insurance coverage
in the minimum amount of $1 million per occurrence for all operations at SITE.
14. MSWMA will maintain in effect pollution liability insurance coverage
in the minimum amount of $1 million per occurrence for possible spills and
contamination from toxic materials for operations at SITE.
15. MSWMA agrees to indemnify and hold harmless PROPERTY
OWNER and its authorized agents, officers, and employees against any and all
claims or actions arising from MSWMA's operations at SITE including any
contamination of SITE or other damage resulting from the presence on SITE of
household or other hazardous waste brought ot SITE as a result of MSWMA's
operations. "Indemnify and hold harmless" means that MSWMA will assume all
costs resulting from a claim or damage or injury, including, but not limited to, the
fees of attorneys, experts and investigations and litigation expenses.
16. PROPERTY OWNER agrees to indemnify and hold harmless
MSWMA and its authorized agents, officers, employees and volunteers against
any .and all claims or actions arising from the sole and active negligence of
PROPERTY OWNER in connection with MSWMA's use of SITE.
17. At the end of each collection event, the SITE facilities, including the
outside grounds and rest rooms, will be returned to the same condition in which
they are received at the beginning of the collection event.
18. Waste oil and waste oil filters generated by the public safety
maintenance operation at the North Fire Station will be accepted by MSWMA
while on SITE at no cost to the City of Ukiah.
19. Either party may cancel this Agreement at any time upon 30 days'
written notice to the other party.
20. Any amendments to this Agreement shall be made in writing and
signed by the authorized representatives of each party.
Site Use Agreement - Page 4 of 5
21. This Agreement shall remain in effect until it is cancelled or replaced
by a successor agreement.
Michael E. Sweeney
General Manager
MSWMA
Candace Horsley
City Manager
City of Ukiah
Date:
Site Use Agreement - Page 5 of 5
NOI±V±S
::1~1--I
AGENDA
SUMMARY
ITEM NO. bP
DATE' April 3, 1996
REPORT
SUBJECT:
AUTHORIZE THE TRANSFER OF FUNDS WITHIN THE LANDFILL BUDGET UNIT
FOR TEMPORARY SCRAPER SERVICES AND THE EXTENSION OF THE SERVICE
CONTRACT WITH WIPF CONSTRUCTION
It has come to staff's attention that the delivery date for the new 627F Tractor Scraper with Auger
which the City ordered from Peterson Tractor has been unilaterally delayed. The shipping date of
the scraper has been set for the week of May 6, 1996, and the most probable delivery date to the
Ukiah Landfill is three weeks from the shipping date, or the week of May 27, 1996.
As presented to the City Council on December 6, 1995, staff demonstrated how the City could
finance the first year's lease payment for a new self-loading auger scraper by utilizing remaining
funds, in the amount of $65,697, within the landfill earthwork account, and transferring $64,217 from
the Gas Collection Project, budgeted within Account No. 660-7301-250. Staff's analysis was based
on an anticipated delivery date of the week of April 1, 1996, which closely corresponded with a
quoted delivery date of 12 to 14 weeks from the order date. Staff also assumed a reserve of 120
hours, or 15 working days, from the earthwork account for scraper services currently being provided
(Continued on Page 2)
RECOMMENDED ACTIONS: 1) Authorize budget transfer of $21,920 from Landfill Account
660-7301-250-005 to Landfill Account 660-3401-250-001 for providing needed scraper services under
a contingency plan; 2) authorize the extension of the scraper service contract with Wipf Construction
from April 30, 1996 to May 31, 1996; and 3) authorize City Manager to execute Service Contract
Amendment.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Approve other transfer amount.
2. Develop other contingency plan.
Appropriation Requested: Transfers as indicated above
Citizen Advised: N/A
Requested by: Rick Kennedy, Public Works Director/City Engineer
Prepared by' Rick Kennedy, Public Works Director/City Engineer
Coordinated with' Candace Horsley, City Manager
Attachments: 1.
2.
.
Letter to Bill Drew, Peterson Tractor, dated March 13, 1996
Letter from Peterson Tractor, dated November 6, 1995, confirming
delivery date
Equipment Order, dated December 11, 1995
Portion of Service Agreement with Wipf Construction
Budget Adjustment Listing
APPROVED~
4/PW:ASRWiI~
3O0 SE
· ADMIN. 7071463-6200
· FAX # 707/463-6204
March 13, 1996
UKI^H, CA 95482-5400
· PUBLIC SAI:ETY 463-6242/6274
·
Bill Drew
Territory Manager
PETERSON CATERPILLAR
1471 B South Main Street
Willits, California 95490
RE:
YOUR QUOTATION DATED NOVEMBER 6, 1995 AND EQUIPMENT
ORDER/PURCHASE AGREEMENT NO. 14165 DATED DECEMBER 8, 1995 AND
EXECUTED DECEMBER 11, 1995 FOR NEW 627F TRACTOR SCRAPER WITH
AUGER
Dear Bill:
I was very disturbed to hear last week that the shipping date for the scraper the City of Ukiah
has ordered, has been unilaterally changed to the week of May 6, 1996. I was not appraised
of this until I called to inquire the status of our order. I believe you told me that you recalled
discussing this with Don Denha~n and that the change in the delivery date was necessary in order
to equip the Scraper with a redesigned auger. It is my understanding that the original auger
attachment would have been adequate.
I certainly appreciate your efforts in ensuring that the City's scraper will be equipped with
current, state of the art attachments and accessories, however, there are other issues and needs
which are more paramount. In my analysis and presentation to the City Council on how the City
could accommodate the acquisition of the 627F Self-loading Auger Scraper which was not
budgeted for this fiscal year, I relied on your quoted delivery time of 12 to 14 weeks. I
acknowledge that you informed me that it was customary for the Caterpillar Plant to close down
for a two week period during the Christmas Holidays, however, 14 weeks from the week of
January 7 is April 13, 1996.
By utilizing a projected balance in the Landfill's earthwork account based on a delivery date of
April 1 and the utilization of funds from a budgeted project not thought to be needed at the time,
the City was able to finance the first year's lease payment. With a shipping date somewhere in
the week of May 6 and a most probable delivery date to the Lessee in the first or second week
of June, our ability to finance the first year's lease payment has been seriously compromised.
Are Here To Serve"
Mr. Bill Drew
March 13, 1996
Page 2
Our current contract with our earthmoving contractor expires April 30, 1996. This contractor
provides scraper services at an hourly rate of $137 per hour on an as needed basis. By April,
our stockpiled soil for refuse cover is near depletion and it is necessary to construct new earth
berms for refuse cells. Needless to say, our need for scraper services during April and May is
tremendous and critical.
In anticipation of a scraper delivery in the first weeks of April, the City made preparation for
the hiring of a Scraper Operator on March 25 or April 1. This too has now been compromised.
It is imperative that we receive the scraper we ordered no later than April 13, 1996, or that
Peterson Caterpillar make other arrangements with the City to accommodate our needs. I trust
that Peterson Caterpillar will honor its quotation and commitment to the City. We anticipate a
written confirmation.
Sincerely,
irector of Public Works/City En~neer
CCl
City Council
Candace Horsley
City Manager
David Rapport
City Attorney
Rl[K:ldr
R:I ~LANDFILL
LDRENV
..................... hlOv 06'"95" 09:P_lRM PE'I-ERSOI"i'"sIqI'tTt::::t ROSR
P. 1,"1
NOVEMBER 6, 1995
CITY OF UKIAH
627F AUOER
1. DELIVERY TIME: t2 - 14 WEEKS
2. GUARANTEE BUYBACK; $195,000 AS PER LETTER
3. EXTENDED POWER TRAIN WARRANTY: $12,500 AS PER WARRANTY STATEMENT
4. PETERSON TOTAL MAINTENANCE PRICE! $13.86 PER WORKING HOUR AS PER LEITER
i
i
I
· III)10 RE:ClIONAL pA JIt I< WAY, 8AH'rA rlOSA, CALilrorlHiA 911403 (~'O~;
t
I-,IOU 6 ' 95 .':3: 08
C .T'
P A.G E 0..(;,) I
PE'[ ERSON ! RAC fOR CO.
SAN ! EANt)[;!O (510) 357-6200
CtllC() (916) 343 1911
FIji'{[ KA (707) 443-1653
I IV[ ttMOrtE (510) 455.4800
NAPA {?07) 258 0550
RE DI)IN(; (916) 243 5410
~SAN J()E;[ (408) 436 8835
GAN IA IIOSA(707) 576 1616
WII I. I'1S (707) 459-5525
WILLOWS (916) 934-8839
PETERSON POWER SYSTEMS, INC,
SAN LEANDRO (510) 8958400
CENTURY LINE
MARTINEZ
14165
(5t0) 674-0425
EQUIPMENT ORDER & PURCHASE AGREEMENT
BUSINESS CUSTOMER
NAME r'-t ~- .... F It'k-t_,q.h ORDER NO.
BILLING .... J .... DATE OF
ADDRESS !3_9(] A~_T',orC P, rJ llktnh~ CA qE/,.P,,? ORDER 12/8/9.5
DATE
NAME
WANTED
DELIVERY DATE
ADDRESS SHIPPED
SHIPPING
VIA E~PREPAID r-]COLLECT E]CALL ORDEBNO.
The Undersigned Purchaser (if more than one, jointly and severally) having been quoted both a time and a cash price, hereby purchases and undersign-
ed Seller hereby sells, subject to the terms and conditions set forth on both sides hereof, the following described Equipment, herein further called the
Collateral:
FOR RT. CO. USE ONLY
QTY. DESCRIPTION CASH PRICES
SERIAL NO. ID NO.
__
I Nnw 627F Tractor Scraper 484,839.00
Li~_htn. side vision
o
Guard. powertrain
Retarder
Door,~'IKh t side
29.5 35 ER tires
Auger .......
627F Scraper
Retarder. hydrauli~
B;~tter~es. heavv duty
29.5 35 ER ~ires
Auger
Augmr. Std. w/polymeLcover
Wear shoes, hard surface
Includes;
'Extehd~d powertrai~ warranty, 60 months or 7,500 hours
whichever occurs ~frst. ** Does ~ot cover Auger.
1 - Service manual
1 -- ~ dry chemical fire extinguisher.
7.25% sales tax 35,150.83
_
I
TOTAL CASH PRICE (U.S. DOLLARS) F.O.B. U.S.A. ~19,989.83
1. If applicable, and so noted herein, the products listed above are covered by the following
Warranty Statementls ONLY, (_
Idle and Form Number
IS enclosed herewith, and the recelpl of which is hereby acknowledged by Purcheser.
TERMS DESIRED: (Subiect to Credit Approval)
['] Balance on Conditional Sale Contract-Security Agreement.
[] Rental with ____/ Guaranteed. [] Rental with Residual: __./ Guaranteed.
Monlhs Monlhs
Trade-In (If any):
manufacturer's or other,
~, a copy of which
(Make) (Model) (Serial No)
Trade Allowance $ Cash with order $ Cash on Delivery $
Unpaid Balance of $ Payable:
By:
Title:
Date:
(Indicate Estimated Number and Amount of Installments or Monlhty Rentals)
[3 Time Price Differential Rate of.__% per annum on unpaid balance.
[] Interest of__% per annum on the diminishing balances, unlil maturity and 10% per annum after maturity until paid; but not to exceed the
highest legal contract rate permissible in lhe State of California.
I I Customer desires Peterson place All Risk Insurance for customer's account.
[-1 Customer will cover through ___ with
Broker or Agent Insurance Company
WARRANTY: It is understood that no other warranties of any kind, whether expressed or implied, including any warranty of merchantability or fitness
for a particular purpose, are or have been made or authorized by Peterson Tractor Co. with respect to any machinery, equipment or other products
described herein unless endorsed herein and signed by the parties hereto. No adjustments, repairs or replacements of any items sold hereunder, or
assistance given by seller to buyer in connection with same, shall be deemed to be a waiver of any of the provisions of the aforesaid warranty.
ADDITIONAL TERMS: THE TERMS AND CONDITIONS HEREIN SET FORTH INCLUDING ALL TERMS AND CONDITIONS SET FORTH ON THE
BACK HEREOF WHICH ARE HEREBY INCORPORATED HEREIN, ARE AGREED TO BY PURCHASER AND SELLER AND PURCHASER
ACKNOWLEDGES THAT HE HAS FULLY READ THIS AGREEMENT, BOTH FRONT AND BACK PAGES, AND ASSENTS TO ALL OF ITS TERMS AND
CONDITIONS
PETERSON TRACTOR CO. (Seller) iCusto~r../' CiL'~)"--q~
' / ~ ~g lure a Title, ..
- ~ Signalure and Title
10/90
ORIGINAL--WHITE (Dealer Copy) YELLOW--CUSTOMER COPYPINK--SALES DEPT. COPY GOLDENROD--SALESMAN COPY
AGREEMENT
THIS AGREEMENT by and between Wipf Construction, hereinafter called
CONTRACTOR, and the City of Ukiah, hereinafter called CITY, witnesseth:
The Contractor agrees to furnish a Caterpillar 627B Scraper with operator at the
City of Ukiah landfill on an as-needed basis at an hourly rate of One Hundred Thirty Seven
Dollars and No Cents ($137.00) for a eight (8) month period ending April 30, 1996. The
purpose of the equipment rental is to move cover material from an on-site borrow pit to the
tipping areas, construct berms for landfill cells, and to assist in miscellaneous earth work
projects. The Contractor agrees to furnish a Back-up unit with equivalent hauling rate
capabilities at the hourly rate of One Hundred Thirty-Seven Dollars and No Cents ($137.00) in
the event of a breakdown of the pri~nary scraper.
The Contractor is to be responsible for all repairs, maintenance, fuel, and
lubricants of both the primary and back-up scrapers. The Contractor agrees to hold the City
harmless for any vandalism or malicious mischief damage to the equipment described herein
while on City property.
The Contractor further agrees to furnish general liability and Workers'
Compensation Insurance Certificates on City of Ukiah forms (limits of coverage as specified by
City), to maintain a current City of Ukiah Business License, pay prevailing wages pursuant to
Section 1770 of the California Labor Code, and to furnish certified payroll records for scraper
operator.
The Contractor understands that the City reserves the right to terminate this
Agreement at any time without penalty if in its opinion fimher work is not needed, the
equipment and/or operator is not performing at maximum production levels, or for any other
reason deemed valid by the City, and no commitment is hereby made or implied by this
Agreement that the Contractor is guaranteed a minimum number of rental hours. City will
endeavor to provide contractor a 30-day notice of its intention to terminate this agreement.
Similarly, the Contractor may, for whatever reason, pull the equipment off the job and terminate
AGREEMENT WITH WIPF CONSTRUCTION
PAGE I OF 6
this Agreement without penalty. Contractor will endeavor to provide City a 30-day notice of
its intention to terminate this agreement.
Contractor shall indemnify and hold harmless Ukiah and its officers, agents and
employees from and against any claim, loss or damage, including the legal and other costs of
defending against any claim of damage or loss by third parties, which arises out of the
Contractor's performance under this Agreement, except for claims losses or damages resulting
from the sole and exclusive negligence or other wrongful conduct of the City or its officers,
agents and employees.
The Contractor shall not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assignment or novation), without the prior written consent of
Ukiah.
It is the express intention of the parties hereto that Contractor is an independent
contractor and not an employee, joint venturer, or partner of Ukiah for any purpose whatsoever.
Ukiah shall have no right to, and shall not control the manner or prescribe the method of
accomplishing those services contracted to and performed by Contractor under this Agreement,
and the general public and all governmental agencies regulating such activity shall be so
informed. "
Those provisions of this Agreement that reserve ultimate authority in Ukiah have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement shall be
interpreted or construed as creating or establishing the relationship of employer and employee
between Contractor and Ukiah.
Contractor shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and pay
worker's compensation insurance, unemployment insurance and any other benefits required by
law for himself and his employees, if any. Contractor agrees to indemnify and hold lJkiah and
its officers, agents and employees harmless from and against any claims or demands by federal,
state or local government agencies for any such taxes or benefits due but not paid by Contractor,
including the legal costs associated with defending against any audit, claim, demand or law suit.
AGREEMENT WITH WIPF CONSTRUCTION
PAGE 2 OF 6
Contractor warrants and represents that it is a properly licensed to operate heavy
equipment with a substantial investment in its business and that it maintains its own offices and
Staff and that it will supply all labor, materials, tools, equipment, and transportation used in
performing under this Agreement.
This Agreement contains the entire agreement among the parties and supersedes all prior
and contemporaneous oral and written agreements, understandings, and representations among
the parties. No amendments to this Agreement shall be binding unless executed in writing by
all of the parties.
Whenever notice, payment or other communication is required or permitted under this
Agreement it shall be deemed to have been given when personally delivered or when deposited
in the United States mail with proper first class postage affixed thereto and addressed as follows:
WIPF CONSTRUCTION
951 TALMAGE ROAD
UKIAH, CALIFORNIA 95482
CITY OF UKIAH
300 SEMINARY AVENUE
UKIAH, CALIFORNIA 95482
This Agreement may be executed in one or more duplicate originals bearing 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 Agreement between the parties.
Accepted upon the terms and conditions stated above on this 1st day of
September , 1995.
TITLE
CITY OF UKIAH
B~_c,~ . BY
WIPF CONSTRUCTION
DATE ~~///~---~. /~ ~.~ DATE
B:IXAGREEMENT
WIPF
AGREEMENT WITH WIPF CONSTRUCTION
PAGE 3 OF 6
by Wipf Construction under a service contract with the City. This reserve was to pay for needed
scraper services until the City's new scraper arrived. As of this wdting, 11 days remain in the
reserve; two days of this reserve were expended on Monday and Tuesday, March 25-26, 1996. The
need for soil cover material and the construction of earth berms for new landfill cells are now critical.
As indicated in staff's letter to Bill Drew of Peterson Tractor, staff has requested that the delivery
date of April 13, 1996 be re-established or that other arrangements be made by Peterson to
accommodate the City's needs. As of this writing, Mr. Drew has tentative plans of procuring a used
scraper for the City's use. The City would provide fuel, lubricants, and an operator. Other details
need to be worked out and, as stated, this plan is tentative and must be approved by other Peterson
Tractor officials. It could be several weeks before final arrangements are made. The City has
completed interviews for the Scraper Operator position and has made an offer of employment to the
successful candidate.
As a contingency plan, staff is requesting City Council's authorization to transfer funds, in the amount
of $21,920, from Landfill Account 660-7301-250-005 (Construction of Gas Collection System) to
Landfill Account 660-3401-250-001 (Production of Cover Dirt), for the purpose of funding needed
scraper services at $137/hour until arrangements with Peterson Tractor have been finalized. This
transfer amount would provide four weeks, or 160 hours, of scraper services, excluding
move-in/move-out charges. Wipf Construction has indicated they would accept an extension to their
service contract to May 31, 1996 from the current expiration date of April 30, 1996, at the same
contract hourly rate of $137 per hour of scraper use.
Current balance (as of March 28, 1996) in the Gas Collection Budget Account is as follows:
Budgeted Amount
Less transfer for extraction wells (Dames and Moore)
Less transfer for scraper
Less transfer for pending EIR amendment
Balance remaining
Less this request
Balance remaining if request is approved
$157,000
(15,100)
(64,217)
(3,500)
74,183
(21,920)
$52,263
ILl
i
LU
I--
Z
133
ITEM NO.
DATE: April 3, 1996
AGENDA SUMMARY REPORT
SUBJECT:
AUTHORIZE TRANSFER OF FUNDS WITHIN THE LANDFILL BUDGET UNIT 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
On January 17, 1996, the City Council approved staff's recommendation to accept the Engineering
Feasibility Study for corrective action measures prepared by Dames and Moore, and authorized staff
to submit a proposed Corrective Action Program to mitigate VOC impacted on-site groundwaters at
the Ukiah Landfill. The Corrective Action Program included the reconstruction and lining of the
primary leachate pond, retaining the existing unlined secondary leachate pond for back-up
containment, a lift station, and approximately 5,000 L.F. of a 2-inch force main and gravity main
connecting the lift station to the existing public sewer in Vichy Springs Road for direct disposal of
leachate to the sewer.
The lining system proposed was an alternative to the prescriptive design which requires a double
liner with a drainage inner layer and leak detection. The City rationalized that the alternative design
was appropriate considering the remaining life of the landfill during which the leachate pond would
contain considerable quantities of leachate. Engineering and construction costs for this system,
including the leachate force/gravity main, was estimated at $329,000.
(Continued on Page 2)
RECOMMENDED ACTION: Authorize budget transfer of $9,900 from Landfill Account
660-7301-250-005 to Landfill Account 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.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Deny request.
Appropriation Requested: Transfers as indicated
Citizen Advised: N/A
Requested by: Rick Kennedy, Director of Public Works/City Engineer
Prepared by: Rick Kennedy, Director of Public Works/City Engineer
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Corrective Action Program, dated January 19, 1996
2. Proposal from Boyle Engineering Corp.
3. Budget Adjustment Listing
APPROVED: _~_,_ -,,
4/PW:ASRRpt Candace Horsley, City Mar~ager
The proposed Program also included a "limited action" alternative for groundwater treatment which
would include the addition of six groundwater monitoring wells to the current monitoring system to
better define the extent of the groundwater impact and the preparation of a health dsk assessment.
The City rationalized that this approach was appropriate given the evolving containment zone policy
being considered by State Water Resources Control Board. The City also identified a proposed
system for groundwater treatment should it be demonstrated, after the implementation of the Limited
Action Program, that the VOC impact was detrimental to the public health and/or beneficial uses of
waters of the State.
The proposed Corrective Action Program was delivered to Mr. David Evans with the Regional Water
Quality Control Board, North Coast Region, on January 19, 1996. Although a written response from
Regional Water Quality concerning the Proposed Program has not been received to date, staff has
been in constant contact with Mr. Evans. The Public Works Director has been informed that the
alternative engineered lining system for the leachate pond is not acceptable to Regional Board
officials, however, it appears that the City's Proposed Limited Action Program will be approved. It
may be several weeks before the City receives the Regional Board's formal response.
It is estimated that a double lined system with leak detection would easily increase the small pond
option cost by $30,000 to $50,000.
After discussions with Mr. Evans, staff proposes to submit an alternative to the lined pond option
which would consist of a bolted steel tank having a capacity of 45,000 to 50,000 gallons, and a wet
well with sedimentation baffles and pump which would be located at the existing outlet of the
leachate main within the primary leachate pond. The existing primary leachate pond would remain
unlined and would serve as an overflow basin under extreme rain conditions. Leachate from the wet
well would be pumped to the steel tank for temporary storage and then pumped to the sewer in
Vichy Springs Road via the already proposed leachate force/gravity main dudng off-peak hours. It
is important to note that this option would be appropriate and cost effective only if the unlined pond
can serve as an overflow measure under extreme conditions. Mr. Evans has indicated that this may
be acceptable to his superiors and the Board members. Should overflow occur, the City would be
required to remove the leachate from the pond by pumping the overflow into the wet well as soon
as feasible to reduce the contact time of the leachate and the unlined pond. It is reasoned that a
minimal amount of leachate, if any, would leach through the soils of the unlined pond during a 24
or 48 hour overflow condition. The estimated cost for this containment alternative should fall
between $150,000 and $175,000, and would be less than the small pond lined option.
It is appropriate that the City proceed with a Preliminary Engineering Report to determine tentative
sizes and capacities of the vadous components of the alternative containment system including the
feasibility of placing a large steel tank on landfilled material, and a budget cost estimate for the
alternate system which would include operation and maintenance costs. This Report would be
submitted to the Regional Board for their approval.
Attached is a cost "Proposal" and scope of work from the Boyle Engineering Corporation to perform
the needed Engineering Report. The proposed compensation is on a time-and-expense basis in
accordance with the attached hourly rates for a not-to-exceed total amount of $9,900.
Staff requests City Council's authorization to transfer funds within the Landfill Budget Unit from
Account 660-7301-250-005 (Gas Collection Project) to Account 660-3401-250 (Contractual Services),
in the amount of $9,900, to fund this needed Report.
Current balance, as of March 29, 1996, in the Gas Collection Budget Account is as follows:
Budgeted Amount
Less transfer for extraction wells (Dames and Moore)
Less transfer for scraper
Less transfer for pending EIR amendment
Less requested transfer for scraper contingency plan
Balance remaining
Less this request
Balance remaining if request is approved
$157,000
(15,100)
(64,217)
(3,500)
(21,920)
52,263
(9,900)
$42,363
It is imperative that the City make every effort to keep this project moving and to assist Board staff
in making their decisions in a timely manner regarding our Corrective Action Program. The Public
Works Director urges the City Council to approve staff's request. The Director is requesting the City
Manager waive proposal requirements in accordance with Section 1530 of the Municipal Code in
order to facilitate a fast-track approach and a timely project delivery.
Boyle Engineering is a multifaceted engineering firm with offices nationwide and has considerable
experience in pumping and treatment systems. Carl Jacobson, Branch Manager of the Santa Rosa
office, has shown considerable interest in the City's Landfill and other City-wide projects and has
assisted the Director in formulating alternatives to the leachate containment issue. The Director has
experience working with the Sacramento office of Boyle Engineering; the project involved an arsenic
issue in drinking water for the community of Robbins in Sutter County.
300 .SE~.~ ~..R~,.,,.~.VE., UKI,A,H, CA 95482-5400
· ADMIN. 7071463-6200 J PUBLIC SAFELY 463-624216274
· FAX # 707/463-6204 ·
January 19, 1996
Mr. David Evans
Associate Engineer
REGIONAL WATER QUALITY CONTROL BOARD
North Coast Region
5550 Skylane Boulevard, Suite A
Santa Rosa, California 95403
ENGINEERING FEASIBILITY STUDY OF CORRECTIVE ACTION MEASURF~,
AND PROPOSED CORRECTIVE ACTION PROGRAM
Dear Mr. Evans:
Enclosed with this letter is the Engineering Feasibility Study for Corrective Action Measures for
the Ukiah Landfill. This Study was prepared by Dames and Moore, a multi-disciplinary earth
science and engineering consulting firm, under contract with the City and was presented to our
City Council on January 17, 1996, for their consideration and authorization to forward the City's
proposed corrective action program to the Regional Water Quality Control Board.
The Feasibility Study for corrective action measures was prepared as required pursuant to the
City's current Waste Discharge Requirements, Order No. 94-123, in particular, Paragraph D,
"Provisions", for the purpose of identifying corrective action measures which can be
implemented to mitigate VOC impacts to groundwaters within the landfill property. As a part
of this Study., the feasibility of extracting leachate from the landfill mass at the toe of the landfill
was investigated as required pursuant to provision D.1, Item d. Also included, is an engineering
analysis and feasibility of reconstructing and lining the leachale ponds as required pursuant to
Paragraph B, "Discharge Requirements", Item 5. As mentioned in Paragraph 4 of your letter
dated October 27, 1994, which responded to my cotnments presented in a letter dated October
13, 1994, the lining of the leachate ponds or the use of above-ground tanks for leachate storage
is to be considered as a component of an overall Corrective Action Program.
Based on the findings contained in the Study and as authorized by our City Council, the City of
Ukiah proposes to implement the following CorrectiVe Action Program related to the mitigation
of VOC impacts:
'We Are Here To Serve"
Mr. David Evans
January 19, 1996
Page 3
Under the measure, the City would
Further define the extent of groundwater impacts by installing additional groundwater
monitoring wells, approximately 6.
0
Perform an assessment of the pathways of exposure to humans and the environment based
on existing site conditions and the potential for impacts to migrate off-site and affect
public and private water supply wells and cause water degradation to the unnamed
seasonal creek.
Develop and implement a monitoring program to ensure that significant impacts do not
develop in the future and that current levels of impact do not increase.
In consideration of the Slate of California Water Resources Control Board's evolving
containment zone policy (amendments to Resolution No. 92-49) and current information which
suggests that VOC impacts are limited to on-site groundwater and, in some cases, show a
decreasing trend over time, we believe that the Limited Action Corrective Measure is
appropriate.
Should groundwater on-site impacts prove to be an endangerment to human health, the
environment and to the beneficial uses of waters of the State after the implementation of the
Limited Action Corrective Measure, the City would most likely propose the implementation of
Alternative 3, "Discrete Extraction/POTW Treatment and Discharge", as this alternative is
described in Section 6.2.3 of the Study.
Under this Alternative, six (6) groundwater 'extraction wells placed strategically along the north
toe of the landfill would be developed and the extracted groundwater would be discharged to the
lined primary leachate pond or directly to the lift station via the existing leachate collection
main. ..
..
The Small Pond Option and this alternative share the same infrastructure. With the
implementation of the Small Pond Option, the budget cost estitnate of $300,000 for Alternative
3 would be reduced to approximately $188,000.
We have proposed an alternative engineered lining system for the leachate pond because of the
short remaining life of the landfill (October 1999). Should it be necessary that Alternative 3 be
implemented and should the Regional Water Quality Control Board be concerned that the
proposed lining system does not provide a double containment and leak detection features, the
extracted impacted groundwater could be discharged directly to the lift station or a companion
concrete sump connected to the lift station.
Mr. David Evans
January 19, 1995
Page 4
FEASIBILITY OF LEACHATE EXTRACTION FROM THE REFUSE MASS
Our efforts and the results of the investigation of extracting leachate from the refuse mass are
described in Section 3 of the Study.
The slow leachate recovery rates within the extraction wells developed under this Study suggest
that there is minimal leachate within the landfill at this time, and, therefore, leachate extraction
is not practical at the present time. The City proposes to continue with the seasonal ,nonitoring
of the leachate extraction wells and nearby groundwater monitoring wells and stream gauges.
The monitoring would consist of measuring the liquid levels within the extraction wells,
groundwater levels within Monitoring Wells 90-3, 90-4, 90-5, 90-6 mid 92-1 and the surface
water levels at four stream gauges installed in the unnamed creek on a bi-weekly basis. This
monitoring program will be helpful in determining if any hydraulic interaction exists between
leachate, at the toe, groundwater, and surface water. Leachate extraction feasibility will be re-
evaluated after sufficient monitoring data have been obtained.
This concludes our proposed Corrective Action Program to mitigate VOC impacted on-site
groundwaters. Your most earliest review and consideration of our proposed program is
requested. It is necessary that we begin the design and preparation of the contract documents
for the lining of the leachate pond in the very near future to accomplish a completed project
before October 1, 1996. Please call me at your earliest convenience should you have questions
concerning our proposed prOgram.
Sincerely,
Rick H Kenn y
Director of Public Works/City r
Candace Horsley
City Manager
John Fawcett
Dames and Moore
BDYL~ En$1n$ERin$ CORI=ORRTIDn
Suite 750
131 Stony Circle
Santa Rosa, CA 95401-9522
CONSULTING ENGINEERS/ARCHITECTS
707 / 578 - 2370
FAX 707 / 578 - 2395
Rick Kennedy, PE, Director
DEPARTMENT OF PUBLIC WORKS
CITY OF UKIAH
300 Seminary Avenue
Ukiah, CA 95482
March 28, 1996
Proposal for Engineering Services
Conceptual Plan Study
Alternate Leachate Containment System
This proposal is submitted in response to a potentially improved option to the "lined pond"
leachate containment system alternative. We propose to provide engineering services to conduct
a conceptual plan study to determine facilities required, develop preliminary capital and O&M
costs, and to prepare a preliminary construction schedule for a different leachate containment
system consisting generally of a clearwell/sand trap assembly, 45,000 to 50,000 gallon lined and
coated, bolted-steel, storage tank, lift station, and interconnecting piping and appurtenances. The
leachate pumped from the bolted-steel tank would be discharged into the same force main at
about the same location as proposed with the "lined pond" alternative. The leachate force main
beyond the proposed alternate containment system would not be changed from the "lined Pond"
alternative other than connecting the force main terminus at Vichy Springs Road to a different
sewer manhole to further reduce capital construction costs to the City.
We propose to provide engineering services as described in the attached Scope-of-Work on a
time and expense basis in accordance with the attached Schedules. Total not-to-exceed amount
for the services described is $9,900, unless the scope of our work is change via prior written
approval by the City.
Our firm carries insurance limits in excess of the amounts required by the City of Ukiah for
professional services consultants. Original copies of the required certificates of insurance will be
delivered to the City prior to the City's issuance of the Notice to Proceed.
Boyle Engineering Corporation
Branch
SC-B99-197- I O/ccj
d:bd\ukiah\ltr0328.doc ~~~ ~ff,'~--~',,e..,~ f ''~ ~
PROPOSAL FOR ENGINEERING SERVICES
Scope-of-Work
City of Ukiah Landfill Site
Conceptual Plan Study
for an
Alternate Leachate Containment System
Services to be Provided by Boyle (Consultant)
Task 100 - Conceptual Design Phase
101
102
103
104
105
106
Kickoff Meeting. Site visit, and Data Gathering: Boyle Project manager and Geotechnical
representative to attend a kickoff meeting with the City, collect supplemental information,
interview engineering and landfill staff personnel, and visit the site in preparation for
subsurface exploration and conceptual design work..
Schematic Design and Calculations; Develop conceptual design, preliminary sizing,
calculations, preliminary layout of the proposed facilities on City furnished topographic
mapping. We anticipate providing 11" X 17" size drawing(s) in design report per Task 105.
Prepare.Preliminary Cost Estimate and Schedule; Prepare a preliminary cost estimate
including capital and operation and maintenance costs, and develop a preliminary schedule
which will include design phase, bid and award phase, construction phase, and project close-
out phases periods.
Meeting with NCRWQCB: Participate with City staff in a meeting with Regional
Water Quality Control Board (RWQCB) representative(s) to review and discuss the proposed
alternate leachate disposal system option, and to discuss other related issues as may be
raised by RWQCB, City staff, and Consultant..
Draft Report: Prepare draft report for review by City staff and RWQCB (if appropriate).
The report will provide background information and references, basis of design, conceptual
design, calculations, drawing(s), recommendations, preliminary cost estimate and schedule.
Consultant will provide City with five (5) bound copies and one (1) reproducible unbound
copy of the draft report for review and comment.
Final Report Consultant will finalize the preliminary report by incorporating the
consolidated review comments received from the City. Consultant will furnish City with five
(5) bound sets of the final report.
Scope-of-Work
City of Ukiah Landfill
Conceptual Plan Study
Altemate Leachate Containment System
3r28/96
Task 200 - Geotechnical Services
201
202
Subsurface Exploration: The main geotechnical consideration for the design of the proposed
leachate clearwell/sand trap assembly and the storage tank is to control differential settlement
of both facilities. The Geotechnical Consultant will need to:
Determine the thickness and condition of soil cover above the landfill debris;
Determine the approximate thickness of the debris;
Determine the approximate condition of the debris, i.e. age, composition, compaction
effort used, etc.
The above information can be obtained by making a site visit, interviewing the landfill
operators and engineering staff, studying old records, reviewing pre-landfill and current
topographic maps, and excavating two test pits in tile soil cover. It is assumed that tile City
will furnish a backhoe and operator at the landfill site to excavate the test pits under the
direction of the geotechnical consultant.
Analysis and Report Conduct an engineering analysis to estimate settlement of the debris
under the weight of the clearwell/sand trap assembly and the storage tank, foundations, and
engineered fill(s). Determine the foundation support requirements including compaction of
the engineering fill under the clearwell assembly and storage tank. The above data,
conclusions, and recom~nendations will be summarized in a report. Five (5) copies of the
report will be furnished for distribution to the City.
Services to be Provided by City
1. Coordination with PG&E to determine requirements of secondary power facilities to the proposed
site.
2. Provide City backhoe and operator to landfill site to excavate two or more test pits under the
direction of Geotechnical subconsultant.
3. Furnish published reports, topographic mapping, and other data that may be requested, if available to
the City.
d:~bd\ukiah\propos01 .doc
Page 2 of 2
BOYLE ENGINEERING CORPORATION
FEES FOR PROFESSIONAL SERVICES
HOURLY RATE SCHEDULE
Effective January 1, 1996
CLASSIFICATION
Engineering
Assistant Engineer I
Assistant Engineer II
Associate Engineer
Senior Engineer I
Senior Engineer II
Principal Engineer
Designing/Drafting
Drafter
Senior Drafter
Designer/Technician
Miscellaneous
Clerical
Technical Typist/Word Processor
Printing and Blueprinting
Travel - Automobile
Travel - Other than automobile
Identified Telephone and FAX
Identified Postage
Materials Testing and in-Plant Inspection
Aerial Photogrammetry Service and Surveys
Soils Investigation and Field Tests
Computer Services
RATE
$ 57.50 per hour
$ 65.00 per hour
$ 75.00 per hour
$ 85.00 per hour
$100.00 per hour
$130.00 per hour
$ 38.00 per hour
$54.00 per hour
$59.00 per hour
$ 36.00 per hour
$ 45.00 per hour
Actual cost + 10%
$ 0.35 per mile
Actual cost + 10%
Actual cost + 10%
Actual cost + 10%
Actual cost + 10%
Actual cost + 10%
Actual cost + 10%
See Following Schedule
It is understood and agreed that these rates and charges include normal equipment and materials
used in connection with the production of the required engineering and/or architectural services.
If authorized by the client, an overtime premium multiplier of 1.5 will be applied to the direct
wage cost of hourly personnel who work overtime in order to meet a deadline which cannot be
met during normal hours. Corporate officers and consulting engineers will be billed at 1.2 times
the stated rate for Principal. Boyle will identify the personnel and their direct wage rate for
Client approval. Applicable sales taxes, if m~y, will be added to these rates.
d:\forms\hrlyschd.doc
STANDARD RATE SCHEDULE
COMPUTER SERVICES
Boyle Engineering Corporation
Effective April 22, 1995
Hewlett Packard HP 3000/925 Super Minicomputer System
Terminal, Printer or Plotter
Resource Charge - SURGE analysis
$33.00 per hour
$ 6.00 per min.
Electrostatic Plotter - HP 7600
(Includes computer time to drive the plotter)
$37.50 per hour
Microcomputers (Personal Computers)
Microcomputer System with Laser Printer
$12.25 per hour
Resource Charges for Microcomputers
Resource charges are in addition to the above rates and cover the use of special purpose software and extra
equipment such as pen plotters, high resolution monitors, and digitizers which are used with CADD software.
AutoCAD Computer Aided Design
MicroStation (Intergraph) CADD
SCADA - Structural Analysis
DAPPER- Electrical Design
CAPTOR - Overcurrent Analysis
Trane TRACE - HVAC Design
Carrier HVAC System Design
PRIMAVERA - Project Management
BFMS - Facilities Management
GWFM - Groundwater Modeling
TERRAMODEL
GEOPAK - Highway Design
BREEZE - Air Pollution Modeling
$15.00 per hour
$15.00 per hour
$12.00 per hour
$ 75.00 per hour
$108.00 per hour
$58.50 per hour
$46.50 per hour
$58.50 per hour
$18.75 per hour
$15.00 per hour
$13.50 per hour
$15.00 per hour
$550.00
STAAD ill - Structural Design $15.90 per hour
AES HYDRO - Hydrologic Analysis $ 52.50 per hour
BoyleNet - Water Distrib Analysis $ 5.00 per hour
EXKYPIPE - Water Distrib Analysis $10.00 per hour
BoyleCOGO - Coordinate Geometry $ 4.00 per hour
BDTM - Digital Terrain Model $ 5.00 per hour
BOYLEPLAN - Project Management $ 10.00 per hour
SWAN - Sanitary Sewer Analysis $10.00 per hour
CONTOURS - Contour Plotting $10.00 per hour
LARSA - Structural Analysis $ 7.50 per hour
HASS - Sprinkler Analysis $162.00 per hour
ICPR - Drainage Design $ 60.00 per hour
SAP90 - Structural Analysis $157.50 per hour
RFANAL - Radio Freq. Analysis $10.00 per hour
Other Notes
Charges for outside computer services will be billed at invoice cost plus ten percent.
This rate schedule is subject to general revision annually. New equipment categories and resource charges may be
added at any time.
Task Cost Report
Boyle Engineering Corporation
131 Stony Circle, #750
Santa Rosa, CA 95401-9522
Alt. Leachate Containment Sys.
SC-B99-197-10
Project Mgr: Carl E. Jacobson
Page 1
COST IN DOLLARS
D a t e Personnel-Hours Total Other
.......... Task Descriptions ......... Start Finish A B C D E F Hours Labor Direct Totals
100 - CONCEPTUAL DESIGN
101 - Kickoff Mtg., Site Visit, 04/15/96 04/16/96 0 6 0 2 0 1 9 846 75 921
and Data Gathering
102 - Schematic Design & Calcs 04/17/96 04/23/96 0 1 0 8 8 0 17 1150 5 1155
103 - Prelim. Cost Estimate & 04/22/96 04/24/96 0 1 0 6 1 0 8 615 5 620
Schedule
104 - Ukiah/BEC Meeting w/RWQCB 04/25/96 04/26/96 0 4 0 0 0 1 5 476 10 486
105 - Draft Report 04/29/96 05/03/96 1 2 0 20 8 8 39 2578 50 2628
106 - Final Report 05/09/96 05/10/96 0 1 0 2 0 0 3 260 10 270
200 - GEOTECHNICAL SERVICES
201 - Subsurface Exploration 04/16/96 04/17/96 0 1 0 0 0 0 1 110 1200 1310
202 - Analysis and Report 04/18/96 04/25/96 0 2 0 0 0 1 3 256 2200 2456
Project Total 1 18 0 38 17 11 85 6291 3555 9846
Resource Code Avg Rate
A = Principal Engineer 130.00
B = Project Manager 110.00
C = Senior Engineer 0.00
D ~ Associate Engineer 75.00
E = Designer/ACAD 55.00
F = Word Processor 36.00
Project Schedule Gantt
Boyle Engineering Corporation
131 Stony Circle, #750
Santa Rosa, CA 95401-9522
Chart
Alt. Leachate Containment Sys.
SC-B99-197-10
Project Mgr: Carl E. Jacobson
Page 1
MM 04 05 06
DD 08 08 08
YY 96 96 96
100 - CONCEPTUAL DESIGN
101 - Kickoff Mtg., Site Visit, []
and Data Gathering
102 - Schematic Design & Calcs ~
103 - Prelim. Cost Estimate & ~
Schedule
104 - Ukiah/BEC Meeting w/RWQCB []
105 - Draft Report ~
106 - Final Report []
200 - GEOTEC~NICAL SERVICES
201 - Subsurface Exploration []
202 - Analysis and Report ~
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:Item No. 6~,
Date: April 3. 1996
AGENDA SUMMARY REPORT
SUBJECT: Authorize Payment to the Redwood Business Park in the Amount of $ 6,158.50
for the City of Ukiah's Share of Increasing the Water Main capacity within the Business
Park.
REPORT: The City of Ukiah requested that the capacity of the water main within the
Redwood Business Park be increased so that additional customers in areas adjacent to,
but outside the Park could be serviced with this water main. As a result, the City agreed to
pay for installing the larger pipe to increase the capacity. Although no written agreement
can be located, the attached correspondence indicates that such an arrangement was
made and honored with the Redwood Business Park. Staff has examined the invoice and
believes the costs to be reasonable. This will be the last payment for this type of work,
since the City of Ukiah will be installing the remaining water main within the Business Park.
RECOMMENDED ACTION: Authorize Payment to the Redwood Business Park in the
Amount of $6,158.50 for the City of Ukiah's Share of Increasing the water main capacity
within the Business Park. Payment to be made from Account 820-3850-690.
ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization of Payment.
Acct. No. (If not budgeted): 820-3850-690 Acct. No. (if budgeted)
Appropriation Request:
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities ,~,
Prepared by: Darryl L. Barnes, Director of Public Utilities
Coordinated with: Candace Horsley, City Manager
Attachment: Historical Information Regarding Water Main
'Ca~ a~ Ho~sley, City Manag~
MEMORANDUM
Date: March 13, 1996
To: Candace Horsley, City Manager
From: Darryl L. Barnes, Director of Public Utilities .,.;;ii .~.
Subject' Request for Payment for Over sizing of Water Main in the Redwood Business
Park
Attached is a request for payment by the Redwood Business Park for the Over-
sizing of the water main within the park. The attached documents indicate that there
appears to have been some type of agreement between the City of Ukiah and the
Redwood Business Park, since past payments have been made by the City. However, I
have not been able to find a written agreement relative to this issue. Discussions I have
had with Mr. Akerstrom indicates that no written agreement exists.
Based on past practices it would appear that we might owe Mr. Akerstrom for the
Over sizing. This was not budgeted by the Water Department, however we do have
enough money in our operating accounts to pay the amount due. Since the amount is
over the $5,000 approval limit, I assume that this will need to go to Council for approval.
How would you like me to handle this request? I would be happy to prepare a report for
Council approval should that be your choice.
Redwood Business Park o/
Ukiah
425 Tahnage Road · Ukiah, California 95482 · (707) 462-1961
February ,16, 1996
City of Ukiah
300 Seminary Avenue
Ukiah, CA_ 95482
Attention: Mr. Darryl Barnes
Re: Water Main Oversizing Costs
Dear Mr. Barnes:
The 12" water main has been installed in Airport Park Boulevard for 750 feet in front of the Friedman
parcel.
When the Redwood Business Park Subdivision was originally approved, pursuant to City Code
Section 833-2, the City agreed to pay for the oversizing expense of the 12" water main_in Airport Park
Boulevard. Based on our actual cost of installation for the incremental size increase from 8" to 12"
is as follows:
8" - 12." Water Main
8"- 12" Gate Valve
750'~ $7.00/tt = $5,250.00
2 ~ $200. = 400.00
Sub-Total $5,650.00
City Inspection_Fee
Project Management
3% = $ 169.50
6% = 339.00
Total Due $6,158.50
Please make payment to Redwood Business Park of Ukiah.
If you have any questions, please do not hesitate to contact me:
Very truly yours~
qd(r~ L. Akerstrom
GLA:bs
Redwood Business Park
Ukiah
425 Talma~e [,load · Ukiah, California 95482 · (707) 462-1961 _
February 23, 1996
Mr. Darryl Barnes
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Re: Redwood Business Park of Ukiah
Dear Mr. Barnes:
In reference to our request for reimbursement for water main oversizing in. the northern part of
Airport Park Boulevard, a copy of our original 1/6/88 letter request to the City is attached.
Subsequent to this request, there-was numerous correspondence and meetings between the City and
RBP regarding the cost of this oversizing. The final amount was agreed upon in a 6/17/88 letter
which is attached.
If you should have further questions, please do not hesitate to contact me.
Very truly your~v
G~ L: AkerStrom
GLA:bs
encl.
Redwood Bus,ness Park
Uklali
425 Talmage Road .'Ukiah, California 95482 · (707) 462-1961
t.m-y-Oe. 988
Mr. Bob Pedroncelli
Department ,of Public Works
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Re: Redwood Business Park of Ukiah
Dear Bob:
Enclosed is a cost breakdown on the differential cost
of increasing the waterline in Airport Park Boulevard
for Phase I from 8" to 12".
The cost differs from our'5/20/88 submittal in that
the (15%) warehousing charge has been deleted.
'.l.ne total reimbursement requested, is $~3~-7~. which
represents .$28,224. in construction costs plus
in interest as provided by Section 66486 of the Sub-
division Map Act.
If you have any questions, please do not hesitate to.
contact me.
GLA:bs
encl.
--
Very, truly/ yours,
'C,a,~,~.,L. Akers from
-~*
300 SE
UKIAH, CA 95482 · ADMIN. 707/463-6200 · POUCE463-6242 · FIRE463-6274
June 6, 1988
Mr. Gary Akerstrom
Redwood Business Park
425 Talmage Road
Ukiah, CA 95482
RE: WATER MAIN OVERSIZING REIMBURSEMENT
Dear Gary:
Be advised that this office hereby approves the reimbursement amount of
$28,224.00 as outlined in your May 31, 1988 letter with attachments. Said
amount represents your actual cost for overs'izing the water main on Airport
Park Boulevard 'from 8" to 12". A check in that amount will be forwarded to
you shortly.
The matter of interest payment to you on the above amount is being handled by
D. Kent Payne and Dave Rapport.
Sincerely,
Robert B. Pedroncelli
Director of Public Works/City Engineer
RBP: kr
c: City Manager
Deputy Director of Public Works
Assistant Director'of PubliC'"Wor~S
Ref:pw6
Redwood Business Park
Ukiah
425 Talmage Road .,~kiah, California 95482 · (707) 462-1961
January 6, 1988
Department of Public Works
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Re: Redwood Business Park of Ukiah
Gentlemen:
We hereby request a reimbursement of $32,000. (cost
estimate attached) from the City of Ukiah for over-
sizing the water main along Airport Park Boulevard
from 8" to 12". Calculations (attached) show that
an 8" looped water main is sufficient to serve our
project. The increased water main size is to provide
water system improvement in and around the airport
and airport property owned by the City.
If you have any questions, p.lease do not hesitate
to contact me.
Very truly vours.
· Ga~Yv 1,. Akers trom
GLA:bs
encl.
j ,
RedWood Business Park
Ukiuh
425-l'allna~e Road · Ukiah, California 95482 · (707) 462-1961
Mr. Bob Pedroncelli
Department of Public Works
City. of Ukiah
300 West Seminary
Ukiah, CA 95482
May 310 1988
Re: Redwood Business Park of Ukiah
Dear Bob:
Enclosed is a cost breakdown on the differential coSt
of increasing the waterline in Airport Park Boulevard
for Phase I from 8" to 12".
The cos~ differs from our 5/20/88 submittal in that
the (157o)warehousing charge has been dele!;.~
The total reintbursement requested is $33,7~. which
represents ~28~ ~_~. in co_p~t~o.'~plus $5536.
in interest as provi-~ed by Section 66486--of the Sub-
division Map Act.
If you have any questions, please do not hesitate to
contact me. .
' ' ' ' ' Very truly/ y~urs,
,"-
· ~, ~a~,L . Akers trom
GLA: b s
encl.
UKI^H, CA 95482 I ^DMIN. 707/463-6200 m POLICE463-6242 m FIRE463..6274
May 24, 1988
Gary Akerstrom
Redwood Business Park
425 Talmage Road
Ukiah, CA 95482
Subject: Redwood Business Park - Water Main Oversizing Reimbursement
Dear Gary:
Thank you for your letter, dated May 20, 1988, responding to my letter of
April 27, 1988, attempting to resolve your actual cost differential to
construct the 12" water main vs. an 8" water main. I appreciate your
providing the corrected figure of $30,140.00 removing the error of double
sales tax contained in your earlier.S32,000.00 reimbursement payment request.
By letters, dated April 12, 1988, and April 27, 1988, we responded to your
request for $32,000.00 reimbursement with our annotations written upon your
calculations. The April 27 letter, indicated a concurrence to pay $26,537.00.
I do not accept your most recent request for $30,140.00 nor the method used.
We need to meet and resolve the matter preferably using your first method of
calculating the differential.
With regards to interest payment, be advised that in my view the earliest
possible date from which the City might pay interest on this reimbursement
amount would be the acceptance date of the water main (April 12, 1988). One
can argue that the earliest possible date from which City might pay interest
would be the upcoming date of execution of the Subdivision Agreement. We need
to discuss this matter further.
Please contact me for the setting 'of a meeting between yourself, Bill Beard,
and myself so that we might resolve this matter.
Sincerely,
Robert B. Pedroneellt
Director of Public Works/¢±ty Manager
RBH: ks
c: City Manager
Assistant Director of Public Works
R:Misc2
Redwood Bustness Park
Tahnage · Ukiah, 95482 · (707) 462-1961
/'' / '~.'~ ( i( f~ " , I~ ' . .
~~~,',.~, ~ ,,.~/ , /_~ , "..t ,v' , ,',..: '"?
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~ t~'i~, ;' , , _," · '',.~ ~;~,., May..,'20, 1988
f ... ~' "'," ~?/-..~ ~ ~?. ' . ,:".', ' .... ~"~ ' ~.,~':~"> ' CITy
Mr. Robert Pedroncelli
Director of Public Works
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Re: Redwood Business Park of Ukiah
Dear Bob:
Enclosed is a cost breakdown and backup on the 8" and
12" water line installation and the differential in
going from 8" to 12" on Airport Park Boulevard.
In reviewing our direct costs I found that sales tax
was added to the total Vintage bills which already
included the tax. Therefore, the direct costs have
been adjusted accordingly with the final figures
extended to correspond with this change. The re-
sultingj.d_i-~f~e~ce in cost between the 8" line and 12"
line i~s~30,140.,!~plus $5912. in interest giving a total
of $36~'05'.i~----~'-~
If you have any questions, please do not hesitate to
contact me.
Very truly/?yours,
Gar,~/I~. Akerstrom
Redwood Bus nesg Park 5,
425 Talma~e l~(md · Ukiah, California 95482 · (707) 462-1961
May 13, 1988
l~r. Bob Pedroncelli
Deoartment of Public Works
,.
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Re: Redwood Business Park of Ukiah
Dear Bob:
Per our last conversation I have gone back over our
costs on the 12" and 8" lines as installed in Phase I
of the Redwood Business Park of Ukiah. The cost differ-
ential which we have incurred is $30,812. of construction
costs plus $5678. in interest which comes to a total of
$36,490. The $30,812. is very close to our previous
estimates of $32,000.
Please process this request so we can get this develoo-
ment under way. Attached is a breakdown of our actuai
costs on the water lines.
If you have any questions, please do not hesitate to
contact me.
Very truly yours,
· G~/~3f c.I5. Akers trom
RedwOOd us/ness Park '
B Ukiuh
425 Tahna~e Road Ukiah, California 95482 · (707) 462-1961
May 4, 1988
Mr. Robert PedroncelIi s~"5/~
Department of Public Wo
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Dear Bob:
In reference to our 5/2/88 conversation as to the cost of
the oversizing of the water line in Airport Park Boulevard,
I would present the following:
1. Section 8332 of the City Code calls for
reimbursement of the difference between
what the improvements would have cost to
serve the subdivision only and the actual
cost of such improvement.
2. The City is in agreement with us as to the size
of the pipe needed to serve the subdivision (8")
and the pipe size required by the City (12").
3. We also seem to be in agreement with the City on
the basic size, configuration and cost of the
hypothetical 8" line.
4. Our main difference seems to be in the City's
estimate of our actual size, configuration and
cost of the 12" line. This procedure of estimating
costs which are not in conformance with the actual
construction does not appear to be in conformance
with Section 8332.
We still maintain that our request for $3%~000. is fair,
reasonable and in conformance with City Code.
If you have any questions, please do not hesitate to contact
me.
Very truly yours,
G~z~ 4~. Akers trom
GLA:bs
Redwood Business Park
,125 Talmage Road · Ukiat~, California 95482 · (707) 462-1961
Ukiuh ~
Mr. Robert Pedroncelli
Department of Public Works
City of Ukiah
300 West Seminary
Ukiah, CA 95482
April 29, 1988
Dear Bob:
We do not concur with your latest (4/27/88) estimate of
the cost of oversizing of the 12" main in Airport Park
Boulevard. Previous cost breakdown submitted by this
office were done using our actual cost of construction
experience. We believe you should utilize our figures
and not mix other unrelated projects as shown in the
Daily Construction Service (we did not -rovide your
office with this document).
As mentioned before we did the work by the most expedient
method available to us. If this job were done utilizing
a~granular backfill material not provided free by developer,
the cost would be much higher yet. I have provided Bill
Beard with additional cost estimation data which shows our
original figure of $32,000. to be more than fair as the
cost increase between an 8" water line and a 12" water line.
Please approve same so we can get on with the project.
If you have any questions, please do not hesitate to contact
me.
Ver~z~ truly7 yo~rs,
G~a~y ~L. Akerstrom
GLA:bs
3OO
LJKIAH, C~ 95482 · ADMIN. 707/463-6200 · POLICE463-6242 · FIRE463-6274
April 27, 1988
Gary L. Akerstrom
Redwood Business Park of Ukiah
425 Talmage Road
Ukiah, CA 95482
Subject: Redwood Business Park Subdivision Unit One - Water Main Oversizing
Dear Gary:
I am prepared to approve reimbursement of $26,537 ($12.06/LF in place
differential) based on information herein. We reexamined our recent water
main oversize calculations as requested in your letter, dated April 14, 1988,
with which you submitted invoice sheets for water main materials (differential
~ $4 05/LF) You also submitted a copy of bid results for a 1986 water main
project contained in the Daily Construction Service We have reviewed your
project file and specifically the approved Engineer's Estimate of October 1,
1986 in which I note an in-place differential of $6.00/LF).
Attached you will find a marked up copy of your original calculations for
water main oversizing from 8" to 12" in Airport Park Boulevard. The revised
figures reflect the following:
1. Trench depth increased to provide 48" of cover.
2. Trench width increased to 30" to provide adequate width for installation
of the 12" pipe.
3. Materials and installation for fittings increased back to your original
figures with the exception of tees, which were adjusted to $210 each,
based on cost differences shown in the materials invoice and allowances
for installation of the other fittings.
4. Pipe material and labor increased to $7/LF (plus trenching cost, etc.),
based on installed difference by pipe size contained in the Daily
Construction Service bid tabulation· We note that the bid spread on that
project resulted in a maximum differential of $6.00/LF installed.
April 27, 1988'
Page 2
After review of this material, please indicate your concurrence in writing; we
will then process a warrant payable in the amount of $26,537. If you desire
to submit additional specific data on actual costs, we will consider it for
discussion.
Sincerely,
Robert B. Pedroncelli
Director of Public Works/City Engineer
RBP:BRB:ks
Enc.
c: City Manager
Assistant Director of Public Works
Deputy Director of Public Works
R:Eng
300 UKI^N, CA 95482
SE
April 12, 1988
· ^DMIN. 707/463-'6200
· POUCE 463-6242
· FIRE 463-6274
Gary L. Akerstrom
Redwood Business Park of Ukiah
425 Talmage Road
Ukiah, CA 95482
Subject: Redwood Business Park Subdivision - Reimbursement for Water Main
Oversizing
Dear Gary:
This office has reviewed your calculations for the oversizing of a water main
in Airport Park Boulevard from Talmage Road to the southerly boundary of the
first unit of the Subdivision, and does not agree with the $32,003.00
calculated oversize difference for which 'you request reimbursement (your
letter of January 1, 1988).
For your convenience, we have enclosed a marked up copy of your calculations
with figures we feel represents a proper value of the oversize. Also enclosed
are copies of our calculation sheets for differences in trench excavation,
trench bedding, and trench backfill. If you concur with our total for Unit
One, we will process a warrant to be issued in the amount of $19,991.00.
If you desire more review of the matter, submit additional specific data on
actual costs and we will consider the additional information for discussion
with you.
Sincerely,
Robert B. Pedr~n~elli
Director of Public Works/City Engineer
RBP:BRB:ks
gnc.
c: JAssistant Director of Public Works
Deputy Director of Public Works
Ref:Eng
April 12, 1988
UKI^H, C.~ss 95482 · ^OMIN. 707/463-6200 · POUCE463-6242 · FIRE463~274
Gary Akerstrom
425 Talmage Road
Ukiah, CA 95482
Subject: Redwood Business Park - Dedication of Water Mains
Dear Mr. Akerstrom:
This is in response to your letter, dated April 11, 1988, in which you offer the
tested water mains within Phase I of subject Subdivision for dedication to the City
of Ukiah with two (2) reservations as follows: a) reimbursement for oversizing, and
b) request to negotiate a utility extension agreement.
On the oversizing cost question (12" vs. 8"), be advised that Bill Beard is drafting
a letter to you today forwarding our calculations, which differ somewhat but not
significantly, from your estimated $32,000 reimbursement request. If you should
disagree with our calculations, please submit a detailed actual cost breakdown for
the completed work instead of differential costs submitted earlier.
With regard to your second reservation, i.e. a "utility extension agreement" for the
water line on Commerce Drive (Hastings), it seems to me that, when a developer
dedicates certain water mains in accordance with a Subdivision design approved by
the City, we can't make this reservation. In my view, the concept you wish to
pursue is embodied in the reimbursement concept itself, and contrary to the basic
premise under which the design was approved by this office, i.e. 8" is the minimum
pipe size we approved at this location given all design parameters including the
Kennedy property. Nonetheless, you have the right to continue discussing the matter
with us.
Be advised that the tested water mains of Phase I are hereby conditionally accepted
subject to the terms of the Subdivision Agreement (Council formally accepts all such
improvements) being prepared for the Phase I Final Map. We can and will soon
install meters at your call; please contact Ted Goforth for details.
Sincerely,
Robert B. Pedroncelli
Director of Public ~orks/City Engineer
RBP:ks
c: City Manager City Attorney
Assistant Director of Public Works
Deputy Director of Public Works
APR i i,'-380
CITY OF UKIAH
DEPT. OF PUBLIC WORKS
5r ,~ ,.
Redwood Business Park
425 Tahna~le. Road · Ukiah, California 95482 · (707) 462-1961 Ukiuh
April 11, 1988
Director of Public Works
City of Ukiah
300 West Seminary
Ukiah, CA 95482
Gentlemen:
Since the waterlines within Redwood Business Park of
Ukiah, Phase I, have been installed, tested and placed
in service, we hereby offer them to the city of Ukiah
with the following reservations:
1. We retain the right to receive the cost of
the oversizing of the waterline in Airport
Park Boulevard.
2. We retain the right to negotiate a utility
line exteJsion agreement on the waterline
in Commerce Drive (Hastings) with the City
of Ukiah that would provide for the Kennedy
property to pay their share of this line
if that property utilizes this line for
development of said property.
If you have any questions, please do not hesitate to
contact me.
Ver~y, ,~ruly z~o~n:,~ _~-
GLA :b s
AGENDA
SUMMARY
ITEM NO. 6h.
DATE: April 3, 1996
REPORT
SUBJECT:
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.
SUMMARY: Subsequent to receiving considerable comment to, and disagreement with, the
findings and proposed mitigations contained within the Traffic Component of the Environmental
Impact Report for the Airport Industrial Park Development, the City Council directed Staff to have
an independent traffic analysis performed by another traffic engineering consultant. The City
hired Whitlock & Weinberger to perform the independent analysis. The consultant was asked to
review project generated traffic and to recalculate levels of service based on updated
methodology which utilizes traffic delay in lieu of Intersection Capacity. Based on the consultant's
findings, alternate traffic mitigations were formulated.
(Continued on Page 2)
RECOMMENDED ACTION: 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.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Direct Engineering Staff to forego current Engineering projects to facilitate in-house
performance of the work.
Acct. No. (if NOT budgeted): 301 (2107)
Appropriation Requested: Not to Exceed $5,000
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Acct. No.:
(if budgeted)
N/A
Rick Kennedy, Director of Public Works ~)j~.
Rick Kennedy, Director of Public Works
Candace Horsley, City Manager
None.
2:REPORTS~ASRCC Candace Horsley, City Manager
Page 2
The findings of Whitlock and Weinberger are not materially different from the findings presented
in the Airport Industrial Park EIR. Therefore Staff believes that the similar findings validate many
of the EIR traffic mitigations recommended in the EIR, and, therefore Staff is not recommending
any amendments to the certified Airport Industrial Park EIR.
Prior to establishing Capital Improvement Fees which will be levied on development projects
within the Airport Industrial Park and which will fund the required project mitigations, it is
necessary to estimate the cost of the off-site improvements. To facilitate cost estimating, it is
necessary to interpret and transform the written material in the EIR into engineering sketches.
Existing infrastructure configurations must be reviewed to ensure the proposed mitigations are
feasible and to seek Iow cost alternatives such as restripping, which may accomplish the same
objectives.
Given the substantial workload of the Engineering Department, the Public Works Director is
requesting that this work be performed by a Civil or Traffic Engineering Consultant. It is estimated
this work can be performed at a cost less than $5,000. Estimated man hours are 40 to 60. Staff
is seeking the City Council's authorization to expend a portion of the unobligated Gas Tax Fund
balance in Fund 301 to finance this work. This fund has a budgeted final balance of $185,480.
ITEM NO. 8a
DATE: April 3, 1996
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION CREATING AND ADOPTING THE OAK STREET
PARKING FACILITY LANDSCAPE AREA AS GARDNER POCKET PARK
At the March 20, 1996 meeting, Council received a report from Ms. Judy Pruden regarding the
history of the landscape area fronting the 100 block of N. Oak Street and within the municipal
parking facility. Based upon that report, Council directed the formation of an ad-hoc committee
consisting of Councilmembers Wattenberger and Shoemaker, Ms. Pruden, and staff. This proposal
is a result of that committee's efforts.
The subject area had been purchased by the City in 1977 as part of a larger acquisition for parking
expansion. The property was purchased at a discounted price as part of an agreement with the
owner, Dr. J.E. Gardner, that the City would retain the landscaping as a pocket park downtown. This
was a verbal agreement and no documentation is available for verification, however staff does
believe this was the intent at the time the property was purchased.
In order to ensure the continued existence of this area as a park and formalize the intent of the
original agreement, Dr. Gardner's descendants are requesting, and staff is recommending, the area
be adopted as Gardner Pocket Park. This action will have no fiscal or administrative impact on the
Parks Division as the area is currently maintained by these crews. Should the Council adopt the
Resolution Creating and Adopting Gardner Pocket Park, a small monument and plaque may be
constructed in the park commemorating Dr. Gardner. The costs, if any, of the monument to the City
are undetermined at this time.
RECOMMENDED ACTION: Adopt Resolution Creating and Adopting Gardner Pocket Park.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine adoption requires further consideration and remand to staff with direction.
2. Determine adoption is inappropriate and deny staff recommendation.
Acct. No. (if NOT budgeted): N/A Acct. No.:
Appropriation Requested: N/A (if budgeted)
Citizen Advised: N/A
Requested by: City Council
Prepared by: Larry W. DeKnoblough, Assistant Redevelopment Director
Coordinated with: Candace Horsley, City Manager and Ad-Hoc Pocket Park Committee
Attachments: Resolution for Adoption.
A P P ROVE D :' ,,~--'/'i~'-v~--~ ~
Candace Horsley, Cit9 Ma'~txager
4:LD:ASRGardner
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
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH CREATING AND ADOPTING GARDNER POCKET PARK
WHEREAS, the City of Ukiah wishes to retain mature landscape, trees and greenbelts
within developed areas for public use; and
WHEREAS, the City currently owns and maintains such an area within Municipal
Parking Facility "A" in the 100 block of North Oak Street, and recognizes it acquired said
property at below market rate as part of a verbal agreement with Dr. J.E. Gardner to preserve
the existing trees; and
WHEREAS, the area consists of approximately one thousand square feet, with a
substantial amount of landscaping, mature trees, and other public improvements; and
WHEREAS, the area is extensively utilized by downtown employees and visitors, yet
has never been officially designated as a City park facility.
NOW, THEREFORE, be it resolved that the City Council of the City of Ukiah does
hereby adopt the landscaped area on North Oak Street within Parking Facility "A" and does
officially create and designate this area as Gardner Pocket Park in honor of Dr. J.E. Gardner.
PASSED AND ADOPTED this 3rd day of April, 1996, by the following roll call
vote:
AYES:
NOES:
ABSENT:
ATTEST:
Cathy McKay, City Clerk
4/Res:Pocket
Fred Schneiter, Mayor
Item No. 9a
Date: April 3. 1996
AGENDA SUMMARY REPORT
SUBJECT: Set Time and Date for the Dedication of the Advanced Wastewater Treatment
Facility.
REPORT: Construction of the Advanced Wastewater Treatment Facility has been
completed and the Facility is now operational. Test results indicate that the Facility meets
and exceeds the State Requirements of our permit. As a result, a desire has been
expressed to officially dedicate this Facility for the customers of the City of Ukiah and the
Ukiah Valley Sanitation District. Staff would propose that May 1, 1996 at 9:30 A.M. be
scheduled as the date and time of this dedication.
RECOMMENDED ACTION: Approve Staffs proposed Date and Time for the Dedication of
the Advanced Wastewater Treatment Facility.
ALTERNATIVE COUNCIL POLICY OPTIONS: Set Alternate Date and Time for the
Dedication.
Acct. No. (If not budgeted): Acct. No. (if budgeted)
Appropriation Request:
Citizen Advised: N/A
Requested by: Darryl L. Barnes, Director of Public Utilities/~
Prepared by: Darryl L. Barnes, Director of Public Utilities
Coordinated with: Candace Horsley, City Manager
Attachment: None
Can'h~ace Horsley, City~anager
AGENDA
SUMMARY
ITEM NO. 9b
DATE: APRIL 3. 1996
REPORT
SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING LOAN AGREEMENT WITH THE
UKIAH REDEVELOPMENT AGENCY
During the Redevelopment workshop held last November, adequate funding to cover
ongoing redevelopment activities was discussed. It was noted that a loan from the City would be
necessary to meet the expenditure demands until another bond issue, of adequate size, could be
secured on the open market. With the acceptance of the annual audit, Staff has been able to
complete the evaluation of the Agency's financial situation. Based upon this analysis, a
recommendation is made to formalize loan procedures between the City and the Agency
addressing long term funding as well as short term cash flow concerns.
There are several options for borrowing to be considered. These include: a) a line of credit
in which monthly balances are addressed and deficits corrected; b) an immediate loan to meet
the existing deficit as well as the anticipated deficits for the last three months of this fiscal year
with additional borrowing on an annual basis to meet yearly operating deficits; c) a loan to meet
both long and short term requirements through the year 2000 with interim repayments of interest
only; and d) a loan to meet both long and short term issues through the year 2000, with principal
and interest repayments as funds are available.
The intent of this proposal is to put the Redevelopment Agency in a position of positive
cash and fund balance. Obviously this effort is dependent upon the future revenue realized
through tax increment and the expenditures authorized by the Agency during the annual budget
process.
The proposed agreement specifically addresses the current needs for this fiscal year
including expenses to date and those for the next three months. A procedure is also established
whereby annual loans are addressed as part of the formal budget process and emergency
situations can also be accommodated.
(Continued on page 2)
RECOMMENDED ACTION:
Adopt Resolution Authorizing Loan Agreement with the Ukiah Redevelopment
Agency.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Determine different loan amounts are necessary, identify changes, and adopt
revised resolution.
2. Determine loan is not appropriate and do not adopt resolution.
Acct. No. (if NOT budgeted): N/A Acct. No.: NA
Appropriation Requested: N/A (if budgeted)
Citizen Advised: N/A
Requested by: N/A
Prepared by: Michael F. Harris, AICP, Assistant to the City Manager
Coordinated with:
Attachments:
Gordon Elton, Director of Finance, Larry DeKnoblough, Assistant
Redevelopment Director, David Rapport, City Attorney, and Candace
Horsley, City Manager
1. Resolution for adoption, page 1.
APPROVED~~
Candace horsley, City/Manager
Of the options noted above, "b" is the action specified in the agreement for dealing with this
year's debt. Option "a" is too labor intensive and would entail an additional administrative fee
charged to the Agency by the City for processing. Further it actually consists only of stop-gap,
incremental measures. Though Options "c" and "d" are more comprehensive and long term, the
calculations are more speculative because of the uncertainties of revenue and expenditures over
a five year period. It will be easier to understand the fiscal dynamics on an annual basis, thus
option "b" is preferred. As stated in Section 2 of the Agreement, each subsequent budget will
encompass a new analysis for the loan amount for the upcoming fiscal year.
Exhibit A to the Agreement is provided to assist the City Council in understanding the
specific dollar amounts encompassed in the proposal. Staff will be presenting at the meeting
which City funds will be affected.
Staff recommends that, after review and consideration of the particular financial details,
City Council adopt the Resolution approving the loan agreement between the City and Agency.
mfh:asrcc
4396LOAN
RESOLUTION NO,
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH APPROVING; LOAN AGREEMENT BETWEEN THE
UKIAH REDEVELOPMENT AGENCY AND THE CITY OF UKIAH
WHEREAS, the Ukiah Redevelopment Agency (Agency) was established by the
Ukiah City Council (City)in 1974, and adopted a Redevelopment Plan in 1989; and
WHEREAS, the Ukiah Redevelopment Agency performs duties and carries out plans
and programs beneficial to the City and its environs; and
WHEREAS, the City acknowledges the positive benefits of the Agency and desires
that it remain a viable entity; and
WHEREAS, the Agency, like all Redevelopment Agencies, must operate in a debt
situation, precluding unencumbered fund balances; and
WHEREAS, both the Agency and the City wish to formalize the loan procedures
between the two parties.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ukiah that the
Loan Agreement between the City of Ukiah and the Ukiah Redevelopment Agency,
attached hereto as Exhibit "A," is approved, and the Mayor is authorized to execute
same.
PASSED AND ADOPTED this 3rd day of April, 1996, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Al-rEST:
Fred Schneiter, Mayor
Cathy McKay, City Clerk
4/Res:Loan
BETWEEN
THE UKIAH REDEVELOPMENT A~ENCY
THE CITY OF UKIAH
This Agreement is made and entered in Ukiah, California, on
, 1996, by and between the City of Ukiah ("City") and the Ukiah
Redevelopment Agency ("Agency"), effective as of January 1, 1987.
RECITALS:
1. City first formed the Agency in 1974.
2. In 1983 the City began to consider adopting a Redevelop-ment
Plan.
3. Beginning in 1987 the Agency retained professional consultants
to advise and assist it in the development of a redevelopment plan and
associated documents, including environmental documents. These
consultants included the law firm of McDonough, Holland and Allen, the
planning firms of Wurster, Bernardi & Emmons, Inc., and John B. Dykstra
& Associates as well as financial consultants.
4. In addition, the Agency incurred additional legal and
administrative expenses in the course of developing and implementing its
redevelopment plan.
5. The City has advanced funds to the Agency for all of these
purposes periodically since February, 1983.
6. Not later than October 1 of each year, the Agency has filed
annual statements of indebtedness with the County
Auditor pursuant to the Health & Safety Code ~33675.
7. Periodically, the City will be required to advance funds to the
Agency in the future for administrative and other expenses of the
Agency.
8. Ail of these advances to the Agency were made as loans which
the Agency is required to repay pursuant to resolutions of the City and
the Agency.
9. The purpose of this Agreement is to memorialize the terms under
which the City has and will loan funds to the Agency for costs of
developing, implementing, revising and administering the redevelopment
plan.
In consideration of the above-recited facts and on the terms and
conditions as further stated herein, the parties hereby agree as
follows:
1. REPAYMENT OF PAST LOANS. To and including June 30, 1996, the
City has or will have loaned the Agency for the development,
implementation and administration of the Ukiah Redevelopment Plan,
amounts as set forth in the attached Exhibit A which is incorporated
herein by reference. The total amount of said loan equals $1,577,205.52
("Loan Amount"). The Loan Amount is comprised of the following:
TABLE I
Date of Advance
Amount Interest Rate
Desiqnation
2/2/83 - 1/3/87
Fy 91/92 - 3/29/96
$ 152,110.00~
$1,379,331.522
10%
Adjust
"Audited Loan"
"Budget Deficit
Lo an"
3/5/96 - 6/30/96 $
45,764.004
Adjust.
"Pro jected
Deficit Loan"
Agency agrees to repay the Loan Amount as further provided in this
paragraph.
1.1 Upon demand of the City, Agency shall repay all or
part of the outstanding balance of the Loan Amount; provided,
however, that the Agency shall only be obligated to repay the Loan
Amount from unencumbered tax increment revenues actually available
to the Agency and not required by the Agency to satisfy legally
binding financial commitments arising prior to a demand for
repayment by the City.
1.2 From the date of advance through June 30, 1996, the
Agency shall pay annual interest on the Audited Loan, Budget
Deficit Loan and Projected Deficit Loan at the interest rates
stated in Table I, compounded annually. The Loan Amount already
includes accrued interest at these rates to the dates stated in
footnotes 1-2 and 4 of paragraph 1. After June 30, 1996, the
Includes interest through 6/30/96
Includes accrued interest through March 5, 1996
Adjustable rate equal to the average interest rate earned
by City on all its invested funds.
4 Includes accrued interest through June 30, 1996
·: \u\agrmt s 96\r~a. in
March 29, 1996 2
Agency shall pay annual interest on the entire unpaid balance of
the Loan Amount, including accrued but unpaid interest at the rate
of 6%, compounded annually.
1.3 The Agency shall continue to make payments on demand
as provided in this paragraph until the total outstanding balance
of the Loan Amount and accrued interest is paid in full.
2. REPAYMENT OF FUTURE BUDGETED LOANS. On and after June 30,
1996, the Agency may request the City to budget additional amounts
to loan the Agency pursuant to the terms of this paragraph.
2.1 On or before May 15 of each year, the Agency may
submit a request to the City to budget an amount of funds to loan
the Agency for costs of revising, implementing and administering
the redevelopment plan or performing a public function of the
community. These purposes can include costs of City supplied
personnel, equipment, overhead and supplies, costs associated with
the officers and employees of the Agency, costs of outside
contractors and consultants, and costs associated with the
purchase of real or personal property. All amounts budgeted shall
be a loan from the City to the Agency ("Budgeted Loan") which the
Agency shall repay pursuant to the terms of this paragraph.
2.2 In addition to Budgeted Loans requested pursuant to
paragraph 2.1, the Agency make request the City to budget
additional amounts at any time for the purposes stated in paragraph
2.1. Any additional amounts so budgeted by the City shall also be
considered Budgeted Loans subject to the terms of this paragraph 2.
2.3 Upon demand of the City, Agency shall repay all or
part of the outstanding balance of the Budgeted Loan; provided,
however, that the Agency shall only be obligated to repay the
Budgeted Loan from unencumbered tax increment revenues actually
available to the Agency and not required by the Agency to satisfy
legally binding financial commitments arising prior to a demand for
repayment by the City.
2.4 From the date of each advance of a Budgeted Loan to
the Agency, the Agency shall pay annual interest on the entire
unpaid balance of the Budgeted Loan, including accrued but unpaid
interest, at the rate of 6%, compounded annually.
2.5 The Agency shall continue to make payments on demand
as provided in this paragraph until the total outstanding balance
of the Budgeted Loan and accrued interest are paid in full.
3. FINANCIAL REPORTS REQUIRED. As 10ng as a Loan Amount,
Budgeted Loan or accrued interest remain unpaid, Agency shall file
annual financial statements with the City of all revenues and
expenditures.
s:\u\agrmts96\rda.ln
March 29, 1996 3
4. AGENCY ADMINISTRATIVE FUND. Ail money loaned to Agency
under this Agreement shall be kept by the treasury of the City in
a special fund to be known as the "Ukiah Community Redevelopment
Agency Administrative Fund" and money shall be drawn from the fund
to meet the administrative and other approved expenses of the
Agency in substantially the same manner as money is drawn by other
departments and agencies of the City subject to budgetary control.
5. SUBORDINATION. The Agency's pledge of tax increment
revenues and its obligation to repay the Loan Amount, a Budgeted
Loan or accrued interest under the terms of this Agreement is
subordinate to its pledge of tax increments for tax allocation
bonds or other long-term indebtedness the Agency incurs to carry
out a project.
6. SEVERABILITY. If any provision of the Agreement is held
by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions shall nevertheless continue
in full force and effect without being impaired or invalidated in
any way.
7. INTEGRATION. This Agreement contains the entire
agreement among the parties and supersedes all prior and
contemporaneous oral and written agreements, understandings, and
representations among the parties. No amendments to this Agreement
shall be binding unless executed in writing by all of the parties.
8. HAIVER. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute a waiver of any
other provision, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing by
the party making the waiver.
9. NOTICES. Whenever notice, payment or other communication
is required or permitted under this Agreement it shall be deemed to
have been given when personally delivered or when deposited in the
United Sates mail with proper first class postage affixed thereto
and addressed as follows:
AGENCY CITY
Executive Director
Ukiah Civic Center
300 Seminary Ave.
Ukiah, CA. 95482
City Manager
Ukiah Civic Center
300 Seminary Ave.
Ukiah, CA. 95482
10. PARAGRAPH w~.%DINGS. The paragraph headings contained
herein are for convenience and reference only and are not intended
to define or limit the scope of thi~ agreement.
·: \u\agrmts 96\r~a. In
Mar=h 29, 1996 4
11. DUPLICATE ORIGINALS. This Agreement may be executed
in one or more duplicate originals bearing 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
Agreement between the parties.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CITY OF UKIAH
UKIAH REDEVELOPMENT AGENCY
By: By:
Fred Schneiter, Mayor
ATTEST:
Fred Schneiter, Chairman
ATTEST:
Cathy McKay, City Clerk
Karen Yoast, Secretary
s:\u\agrmts96\rda.ln
March 29, 1996
EXHIBIT A
RDA BORROWING
Accumulated Balance
Principal Interest to 6/30/95 Due
2/2/83 10,000.00 12,333.00 22,333.00
5/15/85 15,000.00 15,193.00 30,193.00
1/3/87 50,000.00 42,084.00 92,084.00
Audited balance 6/30/95 75,000.00 69,610.00 144,610.00
Interest 7/1/95 - 3/31/96 5,625.00 150,235.00
Interest 4/1/96 - 6/30/96 1,875.00 152,110.00
I Interest 7/1/96-6/30/97
7,500.00 159,610.00 I
CASH FLOW DEFICIT
DEBT SUMMARY Operating Cap. Project Original Combined
Fund 960 Fund 965 Loans * Total
Prior to FY 91/92 (34,060.73) (114,610.00) (148,670.73)
FY 1991/92 (176,211.84) (7,500.00) (183,711.84)
FY 1992/93 (21,696.99) (7,500.00) (29,196.99)
FY 1993/94 (167,514.30) (7,500.00) (175,014.30)
FY 1994/95 (585,542.46) (7,500.00) (593,042.46)
FY 1995/96 YTD (204,178.29) (190,126.91) (5,625.00) (399,930.20)
FY 1996 Proiected to Apr- Jun 140,800.00 {;186,564.00) {;1,875.00) (;47,639.00;)
TOTAL at June 30, 1996 (;1,048,404.61)1 {;376,690.91) (;152,110.00) {1,$77,205.52)
IFY1996/97 Projected {20,595.39) (70,30 .0 )1 ( 00,03 .05)1
TOTAL I (2,117,404.61) (823,690.91)1 (313,346.60~)I (1,677,236.60)1
Total debt, pre-existing loan (Principal & accrued interest), as of June 30, 1996 '"* (152,110.00)
Total debt (Budget Deficit) incurred to March 29, 1996 (1,379,331.52)
Projected debt to be incurred to June 30, 1996 {;45,764.00)
TOTAL {1,$77,205.52}
Projected debt to be incurred in FY 1996/97 (100,031.08)
TOTAL {;1,677,236.60)
* Includes accrued interest
** Includes $77,110 of accrued interest.
DEBTSUM.XLS 3/29/96
Page I
April 3, 1996 Agenda
Mr. David Evans
January 19, 1996
Page 2
CORRECTIVE ACTION PROGRAM FOR V.O.C, IMPACT TO ON-SITE
GROUNDWATERS
A. Reconstruction and Lining of Leachate Pond
The City proposes to reconstruct and line the primary leachate pond and retain the secondary
unlined leachate pond as an emergency backup as depicted in Figure 4-5 of the Study, and as
described in Section 4.4 of the Study. This is the Small Pond Option or Option B. The project
would include a lift station and approximately 5,000 L.F. of a 2 inch force main and gravity
main traversing the Landfill and Gun Club properties and connected to the public sewer in Vichy
Springs Road. The route for the force/gravity leachate main is depicted in Figure 4-1 of the
Study and is within property owned by the City. The direct sewer connection will most likely
require an industrial connection permit and approvals from Regional Water Quality Control
Board. As indicated on Figure 4-5, the pond capacity with a 3 foot free board is estimated at
28,500 C.F. and the quantity of leachate generation from a 24 hour 100 year storm event is
estimated at 11,000 C.F. based on a 10,000 S.F. or 100 feet x 100 feet refuse cell and tipping
area, and a 10,000 pond surface area. Pump rate would be in the vicinity of 27 gpm and would
pump, under normal climatic conditions, during off peak sewer system periods. We propose
an alternative engineered lining system consisting of a one layer 60 mil high density polyethylene
liner over a non-woven cushion geotextile over 8 inches of compacted subgrade consisting of on-
site clay soils. We recognize that regulations require double containment features with leak
detection, however, we propose using the above engineering lining system because of tile
remaining life of the landfill. The landfill Is projected to close by October 1999 given today's
daily average waste input.
The budget cost estimate for the Small Pond Option is $329,000 which includes engineering,
permitting, construction management, and CQA. Although more costly than the Evaporation
Pond Option (large pond) described in Section 4.2 of the Study, the Small Option Pond provides
future options ..for the City should we be required to pump and treat impacted on-site
groundwaters. "The Small Pond Option also eliminates the need to haul leachate with water
tenders as we currently do, thereby reducing heavy truck traffic to and from the landfill which
is a concern to the landfill neighbors and the County Public Works Department.
GROUNDWATER CORRECTIVE ACTION MEASLIRF_3
The City proposes to implement the "Limited Action" alternative as tile corrective action
measure for VOC impacted, on-site groundwaters as this alternative is described in Section
6.2.2, "Alternative 2 - Limited Action", of the Study.