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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 Page 1 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 Page 2 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 Page 3 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING 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 ~ mmm I- z LU o ~ 0 - · -c g~g'~E,, . ~o~§~ ~go~ _~.- · - ~ ~ . ~-o ._ .- ._ ~ ._ ~ .~-~ > ZZZZZZZZZZZZZZZZZZZZZZZZZ z ZZ Z Z Z Z Z Z Z ZZ Z Z ZZ Z Z Z Z Z Z Z Z Z Z 0000000000000000000000000 0 0000000000000000000000000 0 omoooo~~~~o~o~o~o~~ i ~mmmooo~o~moo~o~oo~o~o o oo~ ooooooooo o ~ ~oo~o · -~--~~~~~~~---.~ ~oo~. --o . ~o ........... ~ ~X~ . u ~0 ~00~0~~ - 0 0 ~ ~ ~ ~ ooooooooooooooooooooooooo o ooooooooooooooooooooooooo o i ~~000~0~ ~00~0~00~0~0 0 I oo~ooooo~ o 66 qoooooooo .oo ~~ ~o = ~~ ~ ~ oooo~~ ..... i 00~~~ ~ ~~ 0000 LU mm :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' , ,',..: '"? .,., ,~ . ~..~,~.. / ~,, ....-l.~....~. ~,,~.,,..,~' · . ." /)~t ' ~l~gZ' ', ' ' ':' ,~ ...~.. *~,' ,. ~',t >~,:' - - ,~'' . '" /' ~''/' / ' ,~ ~ ,/.7:~ ,~.. " x~.. , ' -"V.,~. ,,-.~:../' ~ 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.