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Home My WebLink About1994-09-21 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 21, 1994 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Special Order of Business a. Presentation of Mendocino Private Industry Council Resolution to Del Madsen and Ray Ferguson. . o . Approval/Correction of Minutes a. Regular Meeting of September 7, 1994 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. Receive and Approve August 1994 Disbursements b. Adoption of Ordinance Approving Cleveland Lane Planned Development c. Receive Report Regarding Award of Service Contract to Metamorphosis Hydroseeding Inc. for Erosion Control Measures at the Ukiah Landfill d. Receive Report Regarding Acquisition of Service Pursuant to Ukiah City Code for Additional Landfill Groundwater Monitoring Well e. Adoption of Resolution Authorizing the City Manager to Sign Access License Granting Access to Oxygen Monitoring Equipment at Lake Mendocino Power Plant f. Award of Bids in the Amount of $17,835 for Sand to Borges Transfer and $10,700 for Bank Grass Sod to Westcoast Turf for Capital Improvement Projects at the Municipal Golf Course g. Authorize City Manager to Execute the State Revolving Loan Funding Program Loan Contract Between the State Water Resource Control Board and the City of Ukiah Relative to the Advanced Wastewater Treatment Project in the Amount of $6,592,944 h. Adoption of Resolution Authorizing Lease Agreements, Signatories, and Notice of Intent to be Reimbursed i. Receive Report Regarding Acquisition of Service Pursuant to Ukiah City Code for Landfill Gas Monitoring Wells . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. 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. 8. PUBLIC HEARING- 7:00 p.m. a. Receive Public Comment on Proposed Change by Caltrans to Reduce Speed Zone on Talmage Road Adjacent to 101 Overcrossing From 40 M.P.H. to 35 M.P.H. 9. UNFINISHED BUSINESS a. Nomination and Appointment of Planning Commissioner by Resolution to Fill the Unexpired Term of Cindee Mayfield b. Consideration of Demolition Permit for 400 E. Perkins Street 10. NEW BUSINESS a. Report Regarding Receipt of National Science Foundation Grant for Grace Hudson Museum b. Adoption of Resolution Approving Performing Arts 1994-95 Funding Grants c. Consideration of Donation to Ballet Folklorico of Mendocino County d. Adoption of Resolution Changing Prisoner Loading/Unloading Parking Restriction on Perkins Street from 9:00 a.m.-5:00 p.m. time period to 7:30 a.m.-5:00 p.m. e. Designate a No Parking Zone Between the Driveways at 841 and 843 South Dora f. Adoption of Resolution Designating a Portion of Clay Street As a Through Street From the West Side of State Street to the East Side of Dora Avenue g. Adoption of Resolution Approving MOU Agreements for: i. Miscellaneous Unit ii. Electric Unit 11. 12. 13. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION a. Gov. Code Section 54957.6 - Conference with City Manager, as City of Ukiah Negotiator, Regarding Employee Bargaining Units of Miscellaneous and Electric 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Ukiah i.;ity ~o~cil 300 {.!ieninary ~venue L~ i~ h, '~,~ ! if,2, rn ia RE: .r 1 ::nn~no Commis ion ~qg-oointment ''~ ': Ueptember 19, 1994 Dear ~?.~.yor a. n5 ~ouncilmembers, ' ~.s most of you ~re aware, I have long had an interest in pla.~n~_~ and other civic issues. Pot the past five years I h~ve considered submitt~g ~n application to serve on the Planning Co~ission as vacancies have veriodically come about ~itia,lly, I ws~s n~ec!uded from a'oolying ou~ to recent a. cc~uis it ion of prop,~ty v~.'ithin the ~2ity l~its. Lately I h~:ve been too busy with various obli~ai?:tions, i did consiSer s.~'~lying for the '.p~"e~ent opening, however, s~s soon ~ns I learned Judy Pruden w~.s still ~tez'ested, i ~nmedi~teiy ].oat interest. Judy Pruden is ~iquely qualified ~'or tbs ~osition of donzmis~ ioner. Judy Yruden ~'~ . s~ i'~.~s contributed liter~~!ly thousands ~,f voluzateer hours to her CO.~T~hnLmit? in a w~riety of e~pacitiea. ,~oTm~z~.:..:.io~,:.:r. i' bc' i.2v'c it i~:~ vita.i ~o the coz;~tic~.Ps.;~}:~ of She cener~-'.t Pl~::~n u~o,.:, .... Se S'h~ s.o~:~:'~.eone ,,~,~i~h ~udS Pruden's ~,nd ae-o~h of' kn:'::,'::,%eds, e ..... be a~3:goin~ed to ~he Plc:~nn~n?{' "~o'"'":~.isa ion. _.. 'P,e reasons oiSed i'or moss of ~he oriS~oism leveled i:.'ru6en ~lso constitute her ~re;.test s~ren~i:~n. Judy Pruden :":~s never ~:hied av,,,~{:~ ? '2P,o~;~ ex'::}rea~s in{i' ~:~ n "u:~popul;~. P vie~,~~ or c~ue~::.~t ionin:~h' ~:: project if she leis le!lit~ll~te questions of pu'blie po!ic3r needed te be addreo~::'ed A ~ood ~}roject will ~,,,,ithst~'~:,nd such ~erutin~~' a. b&:d one neea~ ~o be ex~o3ea, The ~ ~o boru~ize and :mi~4~4~'~~o ,~, 'noss~b~e ~dverse Lmpacts is orior to project I believe the interests of th.e ,~ity o~~ ~iah will be v:e!l served . z~ 1~: ~ m-k~ Corem is 'o ion by the a-mointment of Judy Pruden to the '~ '~ '~ -' . ~.~ you for your cons ider~tion of this letter. ~'~incereiy, "[ .,. 20 Box 454, 'Uki~h 40~-3210 ITEM NO. 3a. DATE: September 21, 1994 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION OF MENDOCINO PRIVATE INDUSTRY COUNCIL RESOLUTION TO DEL MADSEN AND RAY FERGUSON Every summer, the City Summer Youth employees come to the City through the Mendocino Private Industry Council for training in various job classifications. This provides on-the-job experience for the young person and also assists the departments with their workload during the summer season. Many of the youths have been quick learners and performed many aspects of their jobs on their own by the end of the program. Several have gone on to gain jobs in the community from their training with the City. This year, the Mendocino Private Industry Council selected 25 Summer Youth on-site supervisors out of the 130 supervisors in the entire County for special recognition. This recognition was based on outstanding performance and relationships with the youth, the interaction with the youth, how the supervisor contributed to the program and to the training, and the final assessment from the youth on how successful they felt the program was due to the supervisor's mentoring. Out of the 25 total supervisors selected in the County, the City of Ukiah was pleased to receive resolutions declaring two of our supervisors as exemplary. (Continued on next page) RECOMMENDED ACTION: Present Resolutions to Del Madsen and Ray Ferguson ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: MPIC Prepared by: Candace Horsley, Assistant City Manager~ Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Resolution to Del Madsen. 2. Resolution to Ray Ferguson. APPROVED: 3: PER~SR.~ICR~ SUMMARY (CONTINUED) Del Madsen is the Maintenance Custodian for the City of Ukiah. This summer he trained Jason Hammack in the duties and responsibilities of a custodian. Jason was a quick learner and was an excellent assistant throughout the summer. His ability to handle the position and the job duties excelled to the point where we are hiring Jason as a temporary Custodian when Del goes on vacation during the year. Ray Ferguson, the City's Landfill Supervisor, was the second awardee. His Summer Youth trainee was Louis Hayden, who is now a temporary maintenance aide and on call out at the landfill. Louis has also applied for our part-time loadchecker position. The Private Industry Council resolutions are being presented tonight by the City Council to Del Madsen and Ray Ferguson for their outstanding performance as supervisors in the Summer Youth Program. 3: PERL~SR.MPIC A Resolution by the California State Job Training Coordinating Council City of Ukiah Saluting Del Madsen WHEREAS August 1994 has been declared "National JTPA Alumni Month;" WHEREAS local partnerships for implementing 'effective Job Training Partnership Act (JTPA) programs for preparing skilled workers have been established by r. he Mendo(:ino Pz=i~'ate Tudustry Couuc~l, Thc. WHEREAS the PIC's service providers, cOmmunity-based organizations, non-profit organizations, other local organizations, and the employer community have contributed to the successful delivery of JTPA services; WHEREAS members of the California State Job Training Coordinating Council (SJTCC) are partners with the Private Industry Council under the JTPA program; WHEREAS the SJTCC recognizes that PIC/JTPA graduates and their employers are the best advocates for the program; WHEREAS the SJTCC assumes an active role in communicating the success of the program in an effort to create a wide awareness of the positive impact JTPA has on the lives of fellow Californians; THEREFORE BE IT RESOLVED that it is the desire of the State Council to officially recognize the contributions to the employment of PIC./JTPA graduates by this outstanding employer; BE IT FURTHER RESOLVED that the California State Job Training Coordinating Council hereby issues this Resolution to be presented in the appropriate manner to declare c-ity of Uk~.ah an Exemplary 1994 PIC/JTPA Employer. Dated and signed on this first day of August, 1994 Phillip L. Williams, Chairman - California State Job Training Coordinating Council A Resolution by the California State Job Training Coordinating Council City of Ukiah Saluting Ray Ferguson WHEREAS August 1994 has been declared "National JTPA Alumni Month;" WHEREAS local partnerships for implementing effective Job Training Partnership Act (JTPA) programs for preparing skilled workers have been established by the ReudocJ. uo PrJ. vate Tudustry Counci.:L, Tuc. WHEREAS the PIC's service providers, community-based organizations, non-profit organizations, other local organizations, and the employer community have contributed to the successful delivery of JTPA services; WHEREAS members of the California State Job Training Coordinating Council (SJTCC) are partners with the Private Industry Council under the JTPA program; WHEREAS the SJTCC recognizes that PIC/JTPA graduates and their employers are the best advocates for the program; WHEREAS the SJTCC assumes an active role in communicating the success of the program in an effort to create a wide awareness of the positive impact JTPA has on the lives of fellow Californians; THEREFORE BE IT RESOLVED that it is the desire of the State Council to officially recOgnize the contributions to the employment of PIC/]TPA graduates by this outstanding employer; BE IT FURTHER RESOLVED that the California State Job Training Coordinating Council hereby issues this Resolution to be presented in the appropriate manner to declare ct. ty of trkJ. ah an Exemplary 1994 PIC/JTPA Employer. Dated and signed on this first day of August, 1994 Phillip L. WilliWaWs, C~hairman -~ '~ California State Job Training Coordinating Council 630 King's Court, Suite 204 P.O. Box 480 Ukiah, California 95482 (707) 468-1196 (707) 468-1498 FAX MENDOCINO PRIVATE INDUSTRY COUNCIL, INC Charles R. Hall Executive Director 310 East Redwood Avenue P.O. Box 2175 Fort Bragg, California 95437 (707) 964-6950 FAX (707) 961-1761 August 30, 1994 City of Ukiah 300 Seminary Ave Ukiah, Ca 95482 Dear Del Madsen, Thank you for participating in the 1994 Summer Youth Program. The Mendocino Private Industry Council, Inc. is pleased to present a Resolution from the California State Job Training Council, saluting your agency as an outstanding Summer Youth Employer. Your dedication to provide youth of our community an opportunity to gain valuable life and work skills, will ultimately make a difference in their future. We thank you again for your dedication and commitment , and look forward to working with you in the future. Sincerely, Charles R. Hall Executive Director, MPIC AGENDA SUMMARY 4a ITEM NQ, · September 21, 1994 DATE, REPORT SUBJECT: Approval/Correction of Minutes of Regular September 7, 1994 Meeting Due to the City Clerk attending a Northern California City Clerks Association Business Meeting and a Fair Political Practices Commission Seminar on Friday, September 16, 1994, the finalization and distribution of the minutes will be not be distributed with this agenda packet. The City Clerk expects to distribute the completed draft to Council on Monday, September 19, 1994. RECOMMENDED ACTION: Advisory only. ALTERNATIVE COUNCIL POLICY OPTIONS: Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Cathy McKay, City Clerk~ ~~ Prepared by: Cathy McKay, City Clerk %/~% Coordinated w~h: Chariest. Rq~g~, Jr., City Manager Attachments:/; ~. / ~ // /~ APPROVED · ' DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIA~ - SEPTEMBER 7~ 1994 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:30 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll call was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Absent at roll call: Councilmember Wattenburger. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Executive Assistant Yoast, Associate Planner Lohse, Planning Director Sawyer, City Engineer Kennedy, Assistant to the City Manager Harris, Acting Finance Director Thomas, Assistant' Redevelopment Director DeKnoblough, Assistant City Manager Horsley, and Golf/Park Superintendent Carpenter. 2.Invocation/Pledqe of Allegiance Mayor Schneiter recited a prayer which was delivered by John Adams upon moving into the White House as President of the United States, and Councilmember Shoemaker led the Pledge of Allegiance. SPECIAL ORDER OF BUSINESS 3a. Presentation of California Smoke-Free Cities 1994 Leadership Award to City of Ukiah by the California Healthy Cities Project- Joan Hogan, League of California Cities representative reported the City of Ukiah was nominated and chosen as one of 22 winning cities in California to receive the Leadership Award for Healthy Cities Project. She showed a video which will be distributed to the media and presented a clear crystal trophy which may be lighted, to Mayor Schneiter. Jane Piper, Mendocino County Health Department Tobacco Coalition, introduced Sheila McCarthy, Field Service Manager for American Cancer Unit; Doug Puckering, Instructor, who was instrumental in spearheading Ukiah's 1981 initial no smoking legislation and Janet Keller, Mendocino County STAMP representative; all of who congratulated Council on their leadership and strong conviction to protect the public's right to breathe clean air. Council thanked the efforts of Jane Piper and the Mendocino County Board of Supervisors, in forming the initial County wide stance. 3b. Status Report by Northern California Public Broadcasting~ Inc Barry Vogel, President of Northern California Public Broadcasting, Inc., distributed brochures to Council and reported they are still pursuing grant funding, and they are currently engineering the transmitter on Cow Mountain. He requested letters of support to the granting agency, in which he will provide the address to City staff. 3c. Proclamation for September 1994 Supporting "Schools Qpe~ Drive Carefully" Mayor Schneiter read and presented the proclamation to Bill Fernandez, California Automobile Association representative who commended the City of Ukiah for the continued good traffic safety reports. APPROVAL /CORRECTION OF MINUTE~ 4a. Regular Meeting of August 3~ 1994 M/S Malone/Mastin to approve the minutes of the regular meeting of August 3, 1994, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Abstain: None. 5.RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Malone/Mastin to approve the Consent Calendar as follows, with a correction to Item 6f. by adding an asterisk by the Planning Commission listed in the appendix to the proposed resolution; 6a. Received and approved the July 1994 disbursements. 6b. Waived the bidding requirement for a load cell diagnostic capability which is exclusive only to Fairbanks Scale and Award the truck scale bid to Scales Unlimited for the alternate bid unit, Powell Full Electronic Low Profile Motor Truck Scale, and associated equipment as proposed in the amount of $23,614.51. 6c. Waived the bidding requirements as required by Section 1520 of the Municipal Code and awarded the annual cover dirt production and miscellaneous earthwork agreement to Wipf Construction and authorize the Mayor to execute agreement in the amount of an hourly rate of $137.00 to furnish a primary CAT 627B Scraper with operator as needed, and provide a back-up machine in case of breakdown of a Terex TS-14B Scraper with operator in the amount of $129.00 per hour. 6d. Adopted Resolution No. 95-10 fixing limitation of $15,687,382 on City expenditures for Fiscal Year 1994-95. 6e. Adopted Resolution No. 95-11 declaring obsolete items determined to be surplus or obsolete as surplus property. 6f. Adopted Resolution No. 95-12 amending appendix to conflict of interest code. 6g. Set date of September 21, 1994 for public hearing to receive public comment on the proposed change by Department of Transportation proposed reduction of existing 40 M.P.H. speed limit to 35 M.P.H. speed limit on Talmage Road (Route 222) from South State Street to 264 feet east of Hastings Frontage Road. 6h. Approved the demolition permit application received from Trinity School for Children, to demolish structure over 50 years old located at 246 S. Barnes Street 6i. Awarded the service contract for repair to Landfill DSN CAT Tractor to Peterson Tractor in the amount of $20,450.98. 6j. Received report regarding award of professional service contract exceeding $5,000 to Kennedy Jenks, in the amount of $8,500. 6k. Awarded bid to Chuihard & Myhre, Inc. for new IBM 6252 Impact Printer for Utility Billing Department, in the amount of $17,374.50. 61. Authorized the City Manager to sign loan application on behalf of the City in the amount of $165,000, with Aeronautics Division of the California Department of Transportation to Finance above ground fuel storage tank project at Ukiah Municipal Airport, and authorized staff to accept loan and expend monies to construct the project if the loan does not exceed a 10 year term at an interest rate of 5 percent. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Abstain: None. 7.AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 9a. Receive and Accept Cindee Mayfield's Letter of Resignation from Planning Commission and Set Date for Plannin~ Commission Applicant Interviews. It was the consensus of Council to receive this letter of resignation and requested the City Clerk to contact previous non- interviewed Planning Commission applicants to inquire if they desire an interview by Council, and if so or if there are new Planning Commission applications received by Noon on September 14, 1994, set a special Council meeting for interviews just prior to the next regular Council meeting on September 21, 1994. PUBLIC HEARING - 7:00 p.m, 8a. Appeal of Planning Commission's Denial of Use Permit Application No. 94-17. as Filed by Kathleen Bradley. for Construction of an Existing Carport Structure to a 380 Square Foot Second Residential Unit on a 7~250 Square Foot Lot~ Located at 845 Dora Avenue. Assessors Parcel No. 001-101-04~ in the R-1. Singla Family Residential Zoning District. The Associate Planner and the Planning Director reported on July 13, 1994 the Planning Commission heard a request for a Use Permit to allow a second unit on a lot in the R-i, Single Family Residential District, and voted 3-3 to approve the project, so the motion failed. The applicant requested an appeal on July 15, 1994. They reviewed the Panning Commission's discussion and viewpoints on this project, for Council. The recommendation by Planning Staff is to approve this project with findings. Planning staff presented slides to Council and the audience of the project site. Mayor Schneiter polled the Council as to whom have viewed the site prior to this hearing. All Council stated they had each viewed the site prior to this meeting. Council queried staff regarding future situation if the alley is abandoned by the City, non-owner occupied current structure and applicants intent to occupy, existing carport pad and setback measurements less than 5 feet, and if there is a current building permit for laundry room addition. PUBLIC HEARING OPENED - 7:20 P.M. John McCutcheon, neighbor at 845 Dora Avenue, expressed his opposition to this application for a Use Permit due to additional noise, it would be a precedent in this neighborhood, the rear 10 - 14 foot alley is not adequate for fire apparatus in addition to more traffic causing problems on this alley, cited there will be a loss in value to his home if a rental unit is allowed next door, existing structure does not meet building code requirements and has been in disrepair for 18 months since the owners have purchased the subject property, questioned how will the City enforce the owner occupied regulation after the fact, and urged Council to consider existing traffic impacts from Pomolita Middle School and Todd Grove Park on this neighborhood and not approve this Use Permit for higher density in a single family residential zone. Councilmember Shoemaker questioned the position of the fence. Mr. McCuthceon stated he is also concerned about the setback. He noted he constructed the fence around existing large trees. Jay Holden, 633 Live Oak, stated he borders the rear of the subject property, and urged Council to consider the intangibles of the neighborhood such as the spirit. He noted the subject property has had to have the City abate weeds, which is contrary to the surrounding homes which are kept nicely. He commented if the alleys are used for traffic for second units, it will negate the spirit and intent of this nice neighborhood. Van Cligh, noted he lives across and kitty corner to the subject property and his protest was included in the protest sent to Council. He expressed concern for lack of environmental assessment and fire access. He referred to his Planning Commission testimony in the Planning Commission minutes and noted if second units are to be allowed, the entire zoning should be changed instead of using the Use Permit process. Kathleen and Dale Bradley, applicants, noted they brought photos in today for Council to review. Mayor Schneiter noted they were distributed by the City Clerk to each Councilmember. Kathleen Bradley stated the alley is used by everyone for rear yard access. They noted that second unties are allowed by State law which will be affordable housing for Dale to live in while he does the construction as he is a contractor. She explained she owns the trust deed. Dale Bradley stated if the City ever abandons the alley he is sure all property owners will maintain it. He stated their use will only use 150 feet of the alley for one car only. He noted that everyone uses this alley. He indicated he measured 5 feet for the se backs and noted the existing pad is not parallel to the fence which would cause different measurements at different place, but agreed he will comply with whatever setbacks the City needs. He explained they are obtaining a construction loan for this property and they are planning to completely renovate and landscape this property, remodeling to a new structure, with plans on file now. He stated this property is owned jointly by himself and Kathleen Bradley and he will occupy the second unit. He noted the unit is rented right now to cover the mortgage payments. Discussion ensued regarding the type of new structure proposed. Darryl Hopper, 100 Thompson, explained they are buying 826 Dora Avenue, and stated he is currently living in a second unit and was surprised to hear this property was in the process of building a second unit next door. David Rodrique, 826 Dora Avenue, expressed his concerns regarding the increased use of the alley and this second unit is not in harmony with the surrounding neighborhood which have only one home on each parcel. He stated his alley fence has been run into and destroyed by cars using this dark and narrow alley at night. He expressed concern that this proposed second unit could accommodate 4 cars which would have no through access to the public street, which other parcels have. He questioned the permit dated August 24, 1994 for a laundry room addition and provided it to the City Clerk. Mayor Schneiter noted it was included in Council's information. Tom Mayhew, 835 Dora Avenue, noted he lives two houses from this property. He stated he has a gate to the alley for his rear property that he uses for fire wood. He expressed concern that there will be increased traffic on this alley with any second units and fears for pedestrians and playing children. He indicated he does not believe any vehicle will fit on this rear parcel with the proposed second unit. PUBLIC HEARING CLOSED - 7:50 p.m. Council queried staff regarding the permits and history, proposed parking size and location, Fire Department concern regarding small alley access but verbal indication from Roe Sandelin that a fire could be handled, and the Ukiah City Code regarding second units. The City Attorney read the appropriate code section, and advised Council regarding possible procedures. Councilmember Malone stated he would like to see the property occupied by the owner, as required in the Code, before this permit is issued, as there could be enforcement problems later. He indicated this second unit appears to not benefit the neighborhood and if second units were added to each of these parcels, there could be potential problems. Councilmember Mastin expressed concern regarding increased traffic on this narrow alley. Councilmember Shoemaker commented he is concerned regarding the alley access as a detriment to the neighborhood. The City Attorney advised Council regarding the State statutes regarding housing policy and identifiable public impacts should be identified with any decision. Mayor Schneiter offered possible conditions for approval of this Use Permit. M/S Schneiter/Shoemaker to approve appeal of the Use Permit application as filed by Kathleen and Dale Bradley for a second unit at 854 Dora, with the following conditions; 1) That the existing structure be completed as per the applicants building permit prior to the construction of the second unit, 2) that the second unit be located in the rear one half of the property so that it observes the 20 ft setback from the alley and the 5 foot set back of the sideyard and no closer than 10 feet form the constructed new unit; 3) That one of the structures be occupied by an owner; 4) That the driveway be extended along the eastern portion of the property to the degree that it can easily accommodate two vehicles and it be asphalt and to satisfy our planning department; 5) The property must be week free and in good repair when inspected by the City Planing department. Council queried staff concerning the parking layout and allowed use in perspective to the two structures. Mayor Schneiter offered an amendment to his motion on the floor, approved by Councilmember Shoemaker, the maker of the second, "To require that parking exist for two cars in tandem on the blacktop surface and that a third parking place be created which would extend form the eastern property line to be wide enough to accommodate two cars side by side". Councilmember Shoemaker clarified that this would prohibit access from the alley. The motion on the floor failed upon the following roll call vote: AYES: Mayor Schneiter. NOES: Councilmember Mastin, Malone, and Shoemaker. Absent: Councilmember Wattenburger. M/S Malone/Mastin to deny Use Permit No. 94-17, and to uphold the Planning Commission's denial to permit a second residence at 845 Dora Avenue, based on the findings there is a lack of frontage access; the footprint of the proposed second unit is within the front half of the lot; and the lack of current occupancy by an owner and maintenance of the subject property. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Shoemaker. NOES: Mayor Schneiter. Absent: Councilmember Wattenburger. Abstain: None. RECESS - 8:25 P.M. RECONVENED - 8:40 P.M. Councilmember Wattenburger arrived at this time. 8b. Approval of Application No 94-07~ as Filed by Rural Communities Housing Development Corporation (RCHDC and William Neese) for a Tentative Subdivision Map Development Plan in the PD (Planned Development) Zoning District~ and Negative Declaration to develop a 15- lot~ Single Family Residential Development on 2.2 Acres~ Assessor Parcel Nos. 002-311-04~ 15 and 18~ Located at tho eastern terminus of Cleveland Lane i. Approval of Negative Declaration ii. Adoption of Resolution Approving Tentativo Subdivision Map iii. Introduction of Ordinance Establishing Development Plan Mayor Schneiter polled the Council as to whom had viewed the site and each Councilmember answered in the affirmative. Councilmember Shoemaker removed himself from this portion of the meeting due to a possible conflict of interest due to his business contract relationship with the applicant. The Associate Planner and the Planning Director reported on this proposed project which was approved by the Planning Commission with conditions of approval and presented slides showing the existing property. Staff reviewed the tentative subdivision map, zoning and tree plan for this proposed subdivision. Councilmember Malone left the meeting at this time - 8:48 p.m. PUBLIC HEARING OPENED - 9:02 P.M. Cheryl Baker, 750 N. Pine Street, stated her support for this project as it meets the goals of the low and moderate housing requirements, it provides affordable home ownership for low income residents in a location close to downtown and within walking distance to work. She indicated this high density mixes well with the surrounding area. Pedro Mora, 578 Clara Avenue, stated he has been a renter for 14 years and wants to buy his own home for his family and is excited about building his own home which has been his dream. Laura Pinnel, 765 B Yosemite, stated she is building her own house on Cindee Drive which will be completed in 2 months. She stated her lot is small but she does not care as she is 55 years old and has always had to rent. Lilly Galasantros, 3310 Eastside Road, stated sweat equity works for her as she is a single mother with two children who would never own her own home if not for this program. Duane Hill, RCHDC, 237 East Gobbi Street, reported this housing in this proposed subdivision is for home ownership by people earning under $30,000 per year, who must work 34 hours per week on their new home for a period of one year and will be 80% occupied by families. Steve Woodbury, 541 South Main Street, stated he is the owner of the neighboring 38 unit apartment complex. He opposes this high density project as it will contribute to traffic, loss of commercial zoning and impact the downtown. He expressed concern for the firetrucks having to back down the proposed street to fight fire. He indicated they could have built higher density units but did not in order to create nice housing. He expressed concern for the length of construction lasting one year and expressed doubts regarding a home on 6,000 sq. feet. Ralph Perrin, 765 B. Yosemite Drive, stated he is building a house on Cindee and his lot is the smallest in that project but indicated lot size does not preclude his happiness at owning his own home with a yard. He stated owning your own home overcomes any concern for small lot size. Mosies Soria, 1371 N. Bush Street, stated he was the first to build his own home in the self help program and noted he had to always rent. He explained while he was in this program he learned new skills for employment which has provided a better life for his family. He noted everyone is happy in his neighborhood and urged Council to approve this project to allow others to have the same opportunity he had. PUBLIC HEARING CLOSED - 9:25 P.M. Council queried staff regarding other uses for a planned development, and the boundary to the south containing an existing 6 foot wooden fence. The City Attorney questioned Condition No. 6 pertaining to developer paying an in-lieu park fee. Staff replied this is a standard condition used previously. M/S Mastin/Wattenburger to approve the Negative Declaration as submitted finding no significant impacts . The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone and Shoemaker. Abstain: None. M/S Wattenburger/Mastin to adopt Resolution No. 95-13 approving the negative declaration and Tentative Subdivision Map No. 94-07, with the following findings: The project is consistent with the medium high density land use classification designated for the property and the policies of the General Plan; 2. There are no significant environmental impacts associated with the project that are not reviewed and mitigated by measures included in the initial study prepared for the project, and a negative declaration has been adopted as a part of this project; 3. The approval of the project will permit the construction of single family residential units for ownership by persons with low and moderate incomes, and is therefore supportive of the housing goals of the City of Ukiah; and 4. The establishment, maintenance operation of the use or buildings applied for will not, under the circumstances of the particular buildings applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City because: a. the proposed residential units comply with all the development standards listed in the Zoning Code for single family residences other than building area; b. the loss of trees will be mitigated by preservation of the largest trees removed with newly planted trees; and c. the access to the project site and other adjacent parcels will not be improved by the required improvements to Cleveland Lane. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone and Shoemaker. Abstain: None. M/S Mastin/Wattenburger to read the title only for the first reading of the proposed ordinance. The motion was carried by all AYE. The City Clerk read the title of the proposed Ordinance. M/S Mastin/Wattenburger to introduce the Ordinance Approving the Cleveland Lane Planned Development. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone and Shoemaker. Abstain: None. Councilmember Shoemaker rejoined the meeting at this time. RECESS TO UKIAH REDEVELOPMENT PUBLIC HEARING - 9:29 p.m. RECONVENED AS CITY COUNCIL - 9:35 p.m. NEW BUSINESS 10a. Award of Grant Funding for Mendocino County Library and Greater Ukiah Chamber of Commerce Henry Bates, County Library Director reported on how the grant funding will be used and thanked the City Council for their five years of support. Roy Smith, President of the Greater Ukiah Chamber of Commerce, expressed his appreciation for continued City funding assistance to the Chamber. M/S Wattenburger/Mastin to adopt Resolution No. 95-14 authorizing 1994-95 grant funding for Mendocino County Library and Greater Ukiah Chamber of Commerce in the respective amounts of $45,000 and $21,000. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. Abstain: None. 10b. Approval of Golf Course Long Range Master Plan The Assistant City Manager/Community Services Director reported on the history of the Ukiah Golf Course since it's establishment in the 1930's and the current and future needs of the Golf Course. The Golf Course Committee's objective was to develop a five to ten year maintenance and capital improvement master plan guideline for the Golf Course. She reviewed the Golf Course Long Range Master Plan as approved by the Golf Course Committee this July. She explained the average number of player per year in the 1930's was less than 20,000 per year with over 60,000 players per year currently. Mayor Schneiter stated this was a very. productive process that resulted in a good plan, and expressed his appreciation to the committee and the Golf Course staff for their fine efforts. Councilmember Shoemaker commented he is pleased to see the golfers concerns have been heard and addressed in the development of this plan to please the majority opinion of the golfers. Councilmember Wattenburger expressed his appreciation for everyone's hard work in this process. M/S Wattenburger/Shoemaker to approve the Golf Course Long-Range Master Plan, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Councilmember Malone. Abstain: None. 10c. Authorize City Attorney to Abate Violation of U.C.C. 9082 (g) "Operation of an Amusement Arcade Without a Use Permit" at 203 S. State Street Council queried staff regarding the staff contacts with Mr. Frank Howard, and questioned the legal process. M/S Wattenburger/Shoemaker authorized the City Attorney to file law suit against Frank Howard DBA DEF-CON to prevent the operation of an amusement arcade at 203 South State Street without a Use Permit in violation of UCC Section 9082 (G). The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: Malone. Abstain: None. RECESS - 10:06 p.m. RECONVENED - 10:14 p.m. 10d. Consideration of Demolition Permit Application for 326 East Perkins Street Councilmember Malone rejoined the meeting at this time. The Planning Director reported the Demolition Permit Review Committee decided on a 3-1 vote to approve the application to demolish a vacant, single story structure at 326 East Perkins, which is also referred to as 320 East Perkins Street. The applicant, David Ryan has indicated the demolition will make way for a 15,000 square foot medical office complex planned for next spring. He noted this structure is listed in a secondary category in the City's Historic Resources Inventory and is considered historically significant by Ukiah History specialist Judy Pruden. He explained the majority opinion of the Demolition Permit Review Committee was that this structure is too dilapidated and out of context with newer commercial land uses in the vicinity, in addition to no unique architecture or any historical significance to preserve this structure. Council queried staff regarding CEQA regulations, historical requirements, and historical record. Judy Pruden, 304 South Hortense, Chairman of Demolition Permit Review Committee, reviewed the past process of developing the historical survey which met State guidelines for rating. She requested Council to deny both of these demolition requests as they both have strong history and noted there is no effort by the City to conduct historical preservation. Discussion ensued regarding ratings of specific properties, the Redemeyer House nest to the Sizzler restaurant, and spoke to the numbers of homes currently left in the City which are similar to these two types of structures. David Ryan, applicant, stated these two structures are currently vacant and in dis-repair and are a public nuisance. He explained he agrees to the salvage of materials. He requested an opportunity to address Council at a later time to address any further concerns. Mayor Schneiter indicated this is the time in which he needs to address Council regarding this matter of business, then Council will make it's decision. Council queried staff regarding alternative conditions, historical significance enforcement procedures, and possible alternatives. M/S Malone/Mastin to approve the demolition permit for 326 East Perkins Street, with the request to the property owner to allow for relocation of the structure or salvage of the materials. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Shoemaker. NOES: Mayor Schneiter. Absent: None. Abstain: None. 10e. Consideration of Demolition Permit Application for 400 East. Perkins Street M/S Mastin/Shoemaker to deny the demolition permit application for 400 East Perkins Street. Councilmember Malone and Mastin questioned staff regarding the process for requiring the moving of the structure instead of demolition. The City Attorney replied further research is needed to answer. M/S Mastin/Shoemaker to table this matter until the next meeting. The motion was carried by a unanimous voice vote of all AYE. M/S Shoemaker/Malone to withdraw the previous action taken on 10d. Consideration of Demolition Permit Application for 326 East Perkins Street. The City Attorney advised this is not the proper procedure and advised them on the process for reconsideration. M/S Shoemaker/Malone to reconsider previous action on Item 10d. Consideration of Demolition Permit Application for 326 East Perkins Street. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Shoemaker and Mayor Schneiter. NOES: Councilmembers Mastin and Wattenburger. 10d. Reconsideration of Demolition Permit Application for 326 East Perkins Street. Councilmember Malone stated he would prefer this structure be relocated instead of demolished or the salvage materials and he would favor a motion to table this matter until staff can provide further clarification. The City Attorney explained only denial or approval of the demolition permit is before Council for action at this time. He stated as the maker of the original motion which passed for Item 10d., he will allow that motion to stand. He explained it still contains the request for the applicant to relocate or salvage materials with the approval of the demolition permit request. The City Manager stated it appears this process needs to be readdressed as it is to onerous in addition to revisiting the historical inventory list. It was the consensus of Council to revisit this process and to address possible revamping of the historical list, just to update the inventory on the historical list. 10f. Consideration of Recruitment and Appointment Process for City M/S Malone/Mastin to approve the recruitment and appointment process for selection of City Treasurer. The motion was carried by a unanimous voice vote of all AYE. 10q. Council Discussion of Solid Waste Proposal as Outlined by R. Shoemaker Councilmember Shoemaker distributed an additional letter pertaining to his proposal in the agenda packet. He noted Council has approved the following policies concerning the landfill in past actions; 1) Use of our landfill till full; 2) The Ukiah landfill should ve the destination for as much waste as possible if a local transfer station is developed; 3) Operate our enterprise funds in the black to the benefit of our residents; 4) Keeping our rates as low as possible; 5) Work cooperatively with other jurisdictions to secure the best possible solution to solid waste disposal; 6) Make sure a strategically placed transfer station is ready when needed; and 7) Operate local systems with as much independence and self determination as possible. Councilmember Shoemaker requested Council discussion regarding his proposal as it appears to be a simple economical solution that will affect the direction Mendocino Solid Waste Authority will take in the future. Councilmember Mastin questioned if the $76 figure per ton accurate closure at the landfill as further State and Federal regulations may keep coming in. Councilmember Shoemaker stated in his telephone conversation with the Water Quality Board today, they indicated they see nothing coming other than some clarification. Councilmember Malone stated it makes good sense to transfer solid waste to a transfer recycling facility after we receive the volumes needed to cover closure costs. Discussion ensued regarding opening up the landfill to the entire County. Mayor Schneiter stated he does not want to fund closure costs of other agencies nor will he agree to indemnification of other agencies. ~ Discussion ensued regarding tonnage figures and resultant per 30 gallon can prices, control of waste stream, and franchise contracts. Councilmember Wattenburger stated he wants to see all options from others and he opposes indemnification of other agencies. Councilmember Malone left the meeting at 11:40 p.m. and returned at 11:42 p.m. Discussion continued regarding other County landfills, wastestream originations going into the City landfill, tonnage figures, other proposals to MSWMA, and the need to address all proposals in a public forum including all interested parties. Councilmember Wattenburger stated this issue is too complicated to discuss further tonight at this late time and wishes to address it further at a specific workshop. It was the consensus of Council to schedule a workshop in October il. CITY COUNCIL/REPORTS Councilmember Mastin Stated he would like staff to agendize the matter of Mayor nominations for Commission appointments and his City Council appointment to the Ukiah Community Center Board for an upcoming meeting. Councilmember Malone Stated he attended the new "Good Afternoon Ukiah" Chamber meeting. Councilmember Wattenburger Stated he is hoping for rain as he has been all over the State of California fighting fires this season. Councilmember Shoemaker Reminded Council of the Household Hazardous Waste Cleanup day this Saturday at Mendocino College. Mayor Schneiter Reminded Council of the last concert in the park this upcoming Sunday here at the Civic Center, and updated the Council regarding PG&E's order from FERG to construct the fish ladder. He noted a letter of resignation letter was received from Marge Guintoli, Mendocino County Historical Museum representative on the City Demolition Permit Review Committee. 12.CITY MANAGER/DEPARTMENT HEAD REPORTS The City Manager reminded Council the reception for Summer Concerts in the park sponsors will be here tomorrow night. 13.CLOSED SESSION None. 14.ADJOURNMENT There being no further business the meeting was adjourned at 12:21 a.m. CCMIN.174 Cathy McKay CMC,AAE, City Clerk ITEM NO. 6a DATE: SEPTEMBER 21, 1994 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS MADE DURING THE MONTH OF AUGUST 1994 Payments made during the month of August, 1994, are summarized on the attached Register of Payroll and Demand Payments. Further detail is supplied on the attached Schedules of Bills, representing the three (3) individual payment cycles within the month. This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7. RECOMMENDED ACTION: Receive attached Report of Disbursements. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted):N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Charles L. Rough, Jr., City Manager Prepared by: Carolynn Thomas, Interim Director of Finance Coordinated with: Paulette Klingbeil 463-6230 Attachments: Report of Disbursements APPROVED: B: I/OFFICE:kk ADISBURSEMENTS CITY OF UKIAH REGISTER OF PAYROLL AND DEMAND PAYMENTS DATE: AUGUST, 1994 Demand Payments approved: Check No. 66880 to 67252 inclusive. FUNDS: 100 General Fund $137,798.14 662 120 Capital Improvement 663 140 Park Development 665 141 Museum Grants 670 150 Civic Center Construction 675 200 Asset Seizure $15,184.50 678 220 Parking Dist. Rev. Fund $334.39 680 230 Parking Dist. #1 Rev. Fund 693 260 Downtown Bus. Imprv. Dist. 695 300 Gas Tax 696 315 Airport Capital Improvement $61,576.29 697 320 Airport Clear Zone $1,200.00 698 332 Fed. Emergency Shelter Grant 800 333 Comm. Dev. Block Grant 805 400 Recreation Enterprise $8,736.44 820 410 Conference Center Fund $1 7,826.72 840 550 Lake Mendocino Bond 841 575 Garage $21,260.96 900 600 Airport $6,080.63 940 610 Sewer Service ($ 4,965.45) 950 611 Sewer Construction Fund $4,907.45 960 612 City/District Sewer $14,292.32 962 640 Sanitation Dist. Revolving 965 652 REDIP Sewer Enterprise 966 660 Sanit. Disp. Site ($6,733.89] 335 JPA/LTF Fund Countywide JPA Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch Ambulance Service Clubhouse Renovations Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Street Lights Water Special Water Fund Water Treatment Plant Special Deposit Trust Payroll Posting Fund General Service Community Redev. Agency Redev. Housing Fund Redev. Capitol Imprv. Fund Redevelopment Debt Svc. Community Dev. Comm. Fund PAYROLL CHECKS NO. 54903 to 55152 TOTAL PAYROLL PERIOD 07/17/1994 to 07/30/1994 TOTAL PAYROLL CHECKS NO. 55153 to 55372 TOTAL PAYROLL PERIOD 07/31/1994 to 08/13/1994 DEMAND PAYMENTS PAYROLL DED. CHECKS PAYROLL CHECKS TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on $12.00 $106,053.52 $4,027.04 $5,385.48 $16,847.33 $7,410.35 $3,446.35 $547,348.68 $10,091.55 $40,541.14 $41,415.73 $117,357.80 $286.03 $ 44,817.32 $18,070.53 $1,251,587.03 $129,713.71 $320,223.28 $1,701,524.02 City Clerk ~tt~'Manager f APPROVAL OF CITY MANAGER approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. 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O0 O0 O0 b~ b"} O0 WI.d: i ' ' ..m. ,$ !~. 0 !-.. 000 i WW -1-W · . . v i O0 O0 O0 O0 $ ~, O0 ,D J AGENDA SUMMARY REPORT ITEM NO. 6b DATE: September 21, 1994 SUBJECT: Adoption of an Ordinance to establish the Cleveland Lane Planned Development (No. 94-07), a 15-unit subdivision and residential development on a 2.2 acre site at the southeastern corner of the intersection of Main Street and Cleveland Lane; Assessor Parcel Nos. 002-311-01, 04, and 15. SUMMARY: On September 7, 1994, the City Council voted 3-0 to introduce an Ordinance to approve a Planned Development that establishes approved uses and development standards for a 15-unit subdivision and single family residential development. The Council also approved a Negative Declaration and adopted Resolution 93-15, with Conditions of Approval, for Tentative Subdivision Map No. 94-07 to delineate the configuration for the project. The proposed action now before the Council is to adopt the introduced ordinance. If the Ordinance is adopted, the Cleveland Lane Planned Development becomes effective 30 days from the date of adoption, and the building permit and construction phases may commence. RECOMMENDED ACTION: Adopt the proposed Ordinance establishing the Cleveland Lane Planned Development. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that the proposed Ordinance is not adequate, and remand to the Planning Department for revisions, as directed by the Council. 2. Determine that the development proposed should not proceed, and disapprove adoption of the Ordinance. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: AccL No. (if budgeted): N/A N/A Rural Communities Housing Development Corp. (RCHDC) Dave Lohse, Associate Planner Bob Sawyer, Planning Director, and Charles L. Rough, Jr., City Manager 1. Ordinance to Approve Planned Development No. 94-07. APPROVED: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE CLEVELAND LANE PLANNED DEVELOPMENT The City Council of the City of Ukiah hereby ordains as follows: Section One Pursuant to City of Ukiah Code Sections 9165-9167 the Cleveland Lane Planned Development is hereby established. The Planned Development encompasses approximately 2.2 acres south of Cleveland Lane, east of Main Street, more particularly defined as Assessor Parcel Numbers 002-311-01,04, and 15. The General Plan land use designation for this property is Medium High Density Residential. The allowed use within this Planned Development, which is consistent with the General Plan, is Single Family Residential, one unit per parcel and a maximum of 15 dwelling units. Section Two The Negative Declaration of Environmental Impact for this Planned Development was approved by City Council action on September 7, 1994. Section Three The Development Map for this Planned Development, as prescribed in Ukiah City code Section 9167(b), and attached as Exhibit A, is approved. Section Four Development standards not addressed in the Planned Development regulations delineated in Section Five shall be those specified in the City of Ukiah Zoning' Code. Section Five The regulations for this Planned Development, as prescribed in Ukiah City Code Sections 9166 and 9167(b), are as follows: A. USES 1. Single family residential. One dwelling unit per parcel. 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 B. DEVELOPMENT STANDARDS 1. Building Heights: Dwellings, maximum height of 20 feet; Accessory buildings, maximum height of 20 feet. 2. Building Site Area: Parcel sizes and configurations shall be as shown on the Development Map. 3. Building Setbacks: Front, 10 feet, except for garages and carports perpendicular to the street which shall be 20 feet; Side, five feet; Rear, 15 feet. 4. On-site Parking: Two spaces (9'x20') per dwelling unit. Section Six This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. - , Section Seven ' This ordinance shall become effective 30 days after its adoption. INTRODUCED BY TITLE ONLY on the 7th day of September, 1994 by the following roll call vote: AYES: Councilmembers Mastin, Wattenburger, and Mayor Schneiter NOES: None ABSENT: Councilmembers Malone and Shoemaker ABSTAIN: None 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 vote: PASSED AND ADOPTED this AYES: NOES: ABSENT: ABSTAIN: A"I-FEST: CATHY MCKAY, CITY CLERK __ day of ,1994 by the following roll call FRED SCHNEITER, MAYOR co~T o ~ o~ EXHIBIT A AGENDA SUMMARY ITEM NO. 6c DATE:SEPTEMBER 21, 1994 REPORT SUBJECT: RECEIVE REPORT REGARDING AWARD OF SERVICE CONTRACT TO METAMORPHOSIS HYDROSEEDING INC. FOR EROSION CONTROL MEASURES AT THE UKIAH LANDFILL SUMMARY In compliance with the Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of service costing more than $5,000 but less than $10,000. The services acquired are from Metamorphosis Hydroseeding for the purpose of hydroseeding nine (9) acres at the Ukiah Landfill for erosion control. This erosion control measure will be funded with funds within the Solid Waste Disposal Site fund (660.3401.250.003). Due to the unique method of erosion control offered by Metamorphosis, this item could not be bid. Metamorphosis uses a product called POZ-O-CAP which actually forms a high-integrity surface cap that allows rain to penetrate ground yet protects from wind and stops erosion. The material is in powder form, mixed with water and is applied in the same fashion as conventional hydroseeding. After application, POZ-O-CAP forms a insoluble membrane. On September 2, 1994 a demonstration of this innovative erosion control method was conducted at the Ukiah Landfill. Staff concluded that the product demonstrated seemed more durable than the standard hydro-seed/straw applications done in the past. The cost is $9,999.00 or $1,111.00 per acre for nine acres. Metamorphosis Hydroseeding Inc. shall provide labor and materials. The hydroseeding is scheduled for October 3 and 4, 1994. RECOMMENDED ACTION: None. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS' None. Acct. No. (if NOT budgeted):N/A Acct. No.' 660.3401.250.003 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Charles L. Rough, Jr., City Manager Prepared by: Sue A. Goodrick, Public Works Administrator 463-6286 Rick H. Kennedy, Director of Public Works/City Engineer ¢ Il/_... Coordinated with: Charles L. Rough, Jr., City Manager Attachments: N/A APPROVED: R: I ~LANDFILL:kk AME'FAMORPHOSIS Metamorpho. sis ] IHydroseed ng H. vdroseeding, Strawblowing & Punching for Erosion Control, Lawns & Wildflowers Cai Lia No. 583990 PROPOSAL & CONTRACT ! T~:Rick 'Kennedy City of UkJah 3000 Seminary Ave. UkJah, CA 95482 Date: 09~08~94 -' Proposal # 4~,~:9~,~1 Phone: 707/469r4665 Fax: 707/~q PROJECT:City of Uldah Landfill SCOPE OF WORK: Hydroseed 9 acres @ $1,111.00/acre We propose to fumish labor and materials in stdct accordance with the plans as follows: Application rate as follows: Poz-O-Cap @ 2tons/acre Milorganite Organic Fertilizer ~_, 300 lbs/acre Seed Mixture to be supplied by owner Exclusions: water source on job; one move-in included, any additional @ $ 700.00. Total Sum Price ............. $ 9,999.00 Conditions: It is understood and agreed that we shall not be held liable for any loss, damage or delays occasioned by fire, strikes, or matedal stolen after delivery upon premises, lockouts, acts of God, or the public enemy, accidents, boycotts, material shortages, distrubed labor conditions, delayed delivery of materials from Seller's suppliers, force majeure, inclement weather, floods, freight embargoes, causes incident to na~dor~d emergencies, war, or other causes beyond the resonable control of seller, whether of like or crffferent character, or other causes beyond his cordzol. Prices quoted in this contract are based upon present pdces and upon condition that the proposal will be accepted within thirty days. AJso general conditions which are standard for specialty contractors in the construction industry. Terms: C.O.D. 1.5% per month (18% per anr~m) interest will be charged. Purchaser also agrees to pay all legal fees and cost incured by seller in collection of indebtedness. This proposal is submitted in duplicate. The return of one copy with your signature shall corts~itute a contract. You the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of the transaction. submitte;':-~..//~,~. ]("~ ~..r,y~.._../ / Date: Accepted: ~ ~-'--~ ' Date: Contractors are required by law to be licensed and regulated by the Contractor's State Ucense Board. Any questions conceming a contractor may be referred to the Registrar, Contractor's State Ucense Board, 9825 Goethe Road, Sacramento, CA 95827. Mailing address: P.O. Box 26000, Sacramento, CA 95826 NOTICE TO OWNER Contractors are required by law to be licensed and regulated by the Contractor's ,State Ucense Board. Any questions concerning a contractor may be reffered to the registrar of the board whose ack'ess is: Contractor's State Ucense Board, 3132 Bradshaw Rd., Saoramm-d~, CA 95826. Under the Mechanics Lien Law, any contractor, subcort~actor, laborer, materialman or other person who he, pa improve your property and is not paid for his labor, services or material, has the right to enforce his claim against your property. Under the law, you may p,-o~ect yourself against such claims by filing, before commencing such work or improvement, an original contract for the work of improvement of a modifica4ion therof, in the office of the county recorder of the court/where the property is sitxmted and requiring that a contractor's payment bond be recorded in ouch office. Said bond shall be in a amount not less than fifty (50%) of the cor~tract price and shall, in addition to any conditions for the performance of the contract, be corg~oned for the payment in full of the claims of all persons furnishing labor, services, equipment or materials for the work described in said contract. 1022,4 San Andreas Road · La Selva California 95076 · USA. (408) 722-4400 FAX (408) 722-2247 AGENDA SUMMARY ITEM NO. 6Yo DATE:S~ER 21, 1994 REPORT SUBJECT: RECEIVE REPORT REGARDING ACQUISITION OF SERVICE PURSUANT TO UKIAH CITY CODE FOR ADDITIONAL GROUNDWATER MONITORING WELL SUMMARY This is to report that consultant services exceeding $10,000 in cost have been acquired pursuant to the Special Purchasing Procedures, Article 3, Chapter 6 of the City of Ukiah Municipal Code. The contractual services acquired will be funded from the Solid Waste Disposal Site Reserve funds (661.260). Pursuant to the above mentioned Code, the City Manager authorized Staff to obtain the services of EBA Wastechnologies, Inc. to perform the installation of a groundwater monitoring well in the area southeast of the landfill. On September 12 1994, the Regional Water Quality Control Board directed the City to proceed with this well in order to further characterize the extent of groundwater contamination and aid in the determination of groundwater gradient of the aquifer monitored at Wells 90-8 and 92-4. A copy of that notification is attached. The cost for installation of this well shall not exceed $14,160. Refer to the attached memorandum to the City Manager, dated September 14, 1994, describing the events leading up to the necessity to installation this groundwater monitoring well. RECOMMENDED ACTION: None. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted):N/A Acct. No.: 661.260 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Charles L. Rough, Jr., City Manager Prepared by: Sue A. Goodrick, Public Works Administrator 463-6286 Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Memorandum to City Manager Dated September 14, 1994 2. Letter from Regional Water Quality Control Board September 12, 1994 Dated R: i\LANDFILL: kk AGROUNDWATER.WEL DATE: TO: MEMORANDUM September 14, 1994 Charles L. Rough, Jr., City Manager FROM: Rick H. Kennedy, Director of Public Works/City Engineer SUBJECT: CONTRACTUAL SERVICES PURSUANT TO SPECIAL PROCEDURES/PURCHASING AUTHORITY, ARTICLE 3, CHAPTER 6, MUNICIPAL CODE As you are aware, on February 1, 1994, a work plan was approved which had been requested by the California Regional Water Quality Control Board for the installation of a groundwater monitoring well in the area southeast of the landfill in order to further characterize the extent of groundwater contamination and to aid in the determination of groundwater gradient of the aquifer monitored at Well 90-8 and 92-4. The installation of this well was delayed due to concerns from Vichy Springs Resort that the drilling of this well would affect the Springs. On August 24, 1994, the City was notified by the Water Board that this well installation should continue to be delayed pending review of summary reports they had requested from the City and Vichy Springs Resort. The City submitted its summary report on August 31, 1994. On September 12, 1994, the Water Board directed the City of Ukiah to immediately commence the drilling of this additional groundwater well in the vicinity of Wells 90-8 and 92-4. A copy of that letter is attached. In order to proceed immediately as directed, we must proceed with the acquisition of consulting services to perform the installation of this groundwater monitoring well under the special procedure of the purchasing codes, Article 3, Chapter 6, Municipal Code. The cost for this well shall not exceed $14,160. Staff proposes to use Solid Waste Disposal Site Reserve funds (661.260) for the installation of this well. It is estimated that $155,009 in the Disposal Site Reserve Account (661) is unobligated. Attached for your approval is a proposed amendment to EBA's current agreement to perform this work. SLI'_A'I E OF CALIFOHNIA - CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD NORTH COAST REGION 5550 SKYLANE BLVD, SUITE A SANTA ROSA, CA 95403 PHONE: (707) 576-2220 PETE WILSON, Governo, September 12, 1994 Mr. Rick Kennedy Department of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Kennedy: Subject: Ukiah Solid Waste Disposal Site Thank you for your timely submittal of the summary report dated August 31, 1994 regarding additional ' monitoring wells at the Ukiah landfill. The report is hereby approved with the understanding that the new well be constructed in accordance with specifications described in the original workplan dated January 1994; As you know, this work is part of the landfill groundwater inyestigation which has been delayed for quite some time. We look forward to your completing this investigation as soon as possIble. The work may commence immediately. I If you have questions, please give me a call. Sincerely, ~ David S. Evans Associate Water Resource Control Engineer · · DSE: lmf/ukwpappr, doc cc: Dave Koppel, Mendocino County Health D~partment Damon Brown, EBA Wastechnologies Gilbert Ashoff, Vichy Springs Resort Paul Blais, Cal EPA ITEM NO. 6e DATE: SEPTEMBER 21, 1994 AGENDA SUMMARY REPORT SUBJECT: RESOLUTION AUTHORIZING CITY MANAGER TO SIGN ACCESS LICENSE GRANTING ACCESS TO OXYGEN MONITORING EQUIPMENT AT LAKE MENDOCINO POWER PLANT In conjunction with the Lake Mendocino Project, the City has reapplied to the Corps of Engineers for the renewal of Access License No. DACWO5-3-91-525. This license provides access to the City dissolved oxygen monitoring equipment located at the U.S.G.S. staging weir. This license is for five (5) years. The license has been amended due to an equipment building being removed in August, 1994. Attached is the original license and the amendment. In order for the Corps to process the license, the appropriate official (City Manager), must sign the license, and an adoption of a resolution authorizing the signature must be submitted. Attached is the resolution authorizing the City Manager to sign the license. The Corps of Engineers requires a $375 renewal fee which will be paid out of Account No. 800-5536-420 RECOMMENDED ACTION: Approve resolution authorizing City Manager's signature for the attached licenses. ALTERNATIVE COUNCIL POLICY OPTIONS' Do not approve resolution authorizing City Manager's signature for the attached license. Acct. No. (if NOT budgeted):N/A Acct. No.: 800-5536-420 Appropriation Requested: N/A (If Budgeted) L.M. - Waterway Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Martin Wobig, Electrical Distribution Engineer 463-6296 ~/~// Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Resolution Authorizing City Manager to Sign access License Granting Access to Oxygen Monitoring System at Lake Mendocino Power Plant. 2. Amendment to License No. DACWO5-3-91-525 3. License No. DACWO5-3-91-525 APPROVED' R: P, ELEC:kk ALICENSE 1 5 6 ? 9 10 11 12 15 16 17 18 19 ~.0 21 RESOLUTION NO. RESOLUTION AUTHORIZING CITY. MANAGER TO SIGN ACCESS LICENSE GRANTING ACCESS TO OXYGEN MONITORING SYSTEM AT LAKE MENDOCINO POWER PLAN WHEREAS, it is vital that the City has access to City facilities located the Lake Mendocino Power project; and WHEREAS, the City has applied to the Department of Army Corps of Engineer for an Access License; and WHEREAS, the document describing the requirements is presented in the form of License No. DACWO5-3-91-525; and WHEREAS, these documents require the signature of the City Manager. THEREFORE, BE IT RESOLVED, that License DACWO5-3-91-525 is hereby approved and City Manager, Charles L. Rough, of the City of Ukiah is hereby authorized and directed to execute the License tbr and on behalf of the City of Ukiah. PASSED AND ADOPTED this by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: day of , 1994 A'I"FEST: Fred Schneiter Mayor Cathy McKay City Clerk B:I/RESI :kk LICENSE AMENDMENT NO.1 TO DEPARTMENT OF THE ARMY LICENSE NO. DACWO5-3-91-525 LAKE MENDOCINO, CALIFORNIA Department of the Army License No. DACW05-3-91-525 granting to the City of Ukiah, a political subdivision of the State of California, permission to construct, operate, and maintain a water supply system for dissolved oxygen monitoring at Lake Mendocino, California, is hereby amended affective 7 March 1993 in the following particulars: 1. Said license is hereby renewed and its term is extended for an additional five-year period beginning 8 March 1993 and ending 7 March 1998. 2. The granting clause is hereby modified to delete the following paragraph: "This license also grants permission to place an overhead power line and communication line from the hydroelectric facilities to the weir (400 feet) and to construct a temporary small building (6' X 8') to house the license~'s monitoring equipment, together with the right to install a temporary electric pole and water pump." 3. Condition Nos. 25, 26a., b., and c., 27, and 28 are hereby added to the license to read as follows: "25. The licensee shall remove the overhead power line, communication line, temporary building, electric pole and restore the premises to the satisfaction of the Park Manager, Lake Mendocino, by 30 August 1994. The water pump shall remain, serviced by underground power lines. 26. a. The grantee shall submit a pesticide use report annually to the Park Manager no later than 15 November of each year. b. The Government has no objection to the licensee's activities on the premises provided that they are accomplished substantially as requested and described herein, and that 5he licensee shall comply with all applicable Federal Laws and regulations and with all applicable laws, ordinances and regulations of the state, county, and municipality wherein the premises are located: and provided further that the licensee shall not apply any form of pesticide, to include any form of materials commonly referred to as herbicides,, insecticides, fungicides or rodenticides, within said license area unless: (!) The ma5eria! proposed for use is expressly approved for such use by the Park Manager, Lake Mendocino, the officer having immediaEe jurisdiction over the property, hereinafter designated as "said officer" and pursuant to a Pesticide Control Plan developed by the Distric5 Engineer. U.S. Army Engineer District, Sacramento, in conjunction with other public agencies having jurisdiction in such matters: (2) Amendment No. 1 to License No. DACW05-3-91-525 Lake Mendocino, California Such approval in advance and in writing from the said officer or his authorized representative: and (3) The licensee shall submit a report of each such use to the said officer in the forma5 prescribed for such reports by the said officer. c. Within the limits of their respective legal powers, parties to this license shall protect the premises against pollution of its air, ground and water. The licensee shall comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abase or prevent pollution. Such regulations, conditions or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, State, interstate or local governmental agency are hereby made a condition of this license. The disposal of any toxic or hazardous materials within the premises ~s specifically prohibited. The licensee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or o.%herwise become a public nuisance. 27. The compensation for the renewal period shall be THP~E-HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($375.00) payable in advance in full. 28. A Preliminary Assessment Screening (PAS) documenting the history of the property with regard to the sEorage, release or disposal of hazardous substances thereon, is attached, hereto and made a part hereof as Exhibit B. Upon expira~.ion, revocation or relinquishment of this license, another PAS shall be prepared which will document the environmental condition of the property au tha5 time. A comparison of the two assessments will. assist the government in determining the environmental restoration requirements of the licensee. Any such requirements will be completed by the licensee to the satisfaction of the said officer." Said license is amended in the above particulars only, and al! other conditions thereof shall remain binding and in full force and effect. This Amendment shall henceforth be considered a par5 o= the said license as if fully and completely written therein. Amendment No. 1 to License No. DACW05-3-91-525 Lake Mendocino, California IN WITNESS WHEREOF, I have set my hand by authority of the Secretary of the Army this day of 1994. The above Amendment No. 1 is hereby accepted this day of 1994. CITY OF UKI?=H BY: TITLE: C£SPK-CO- ( ST ) SUBJECT' Report of Availability !2. Environmental data has been considered, including Preliminar7 =s=o~=~o,,~ Screening (PAS), in accordance with AR 200-!; AR 200-2. A search of cur records and a site investigation onl5 Jun, 94, by the undersigned, r~veal~d the following' (Please mark all appropriate statements)' X !here is no evidence that this propern7 has been the ~ite o~ a r~!ease, storage, or disposal o£ any i~azardous subsnances. 7here is su£ficien% reason to suspecz contamination and a more thorough site investigation is recommended. I Ihe activities and proposed use of the premises-%~is not categorically excluded from further environmental considerations pursuan% te . ER 200-2-2, paragraph no. 9 _K_.· X Yhe ~rantee's use will not likely impact the environment. 13. Details on proposed replacement, demolition or relocation of facilities, if any. None. !~. Point of contact, name, and telephone nu bet. The undersigned, z~-7~81 David R. Chubon Park Zanager, Lake ~e~c~' ( 707 ) .~ihis information will be included in the environmental review- by Cif.'iPK-FD. CESPK-C0-0 (405-80a) 1st End SUBJECT' Report of Availabilit7 HELM/ /557-5275 For' CES?K-RE, ATTN' I ~/non-concur wir. h sub.ject report ~ith the following comments' b, Michael Helm Chief, Construction Operations DEPARTMENT OF THE ARMY LAKE MENDOCINO, COYOTE 0AM UKIAH, CALIFORNIA LICENSE NO. DACW05-3-91-525 The SECRETARY OF THE ARMY (hereinafter Secretary) hereby grants to the City of Ukl~h, a political subdivision of the State of C~llfornls, (hereinafter called licensee), a license for the construction, operztlon, and maintenance of a water supply system for dissolved oxygen monitoring. This project will include an underground water line and electrlc llne in ~ trench running between the hydroelectric facilities and the south slde of an existlng weir at the gauging station. This 11cense also grants permission to place an overhead power line and communication line from the hydroelectric facilities to the weir (400 feet) and to construct a temporary small buildlng (6' X 8') to house the licensee's monitoring equipment, together wlth the right to install a temporary electric pole and water pump as designated by the Dlstrlct Engineer, U.S. Army Engineer Oistrtct, Sacramento, hereinafter also referred to as "said officer," or hls designated representative. The license ts for period of two (2) years beginning 8 March 1991 and endlng 7 March 1992, but revocable at will by the Secretary or hls duly authorized representative. The license is for the use of the premises (hereinafter premises) shown on Exhibit "A" attached to and made part of this Instrument. THIS LICENSE is granted subject to the following conditions: 1. The exercise of the privileges granted shall be: a. without cost or expense to the United States; b. under the general supervision of said officer, t,e., subject to rules and regulations which said officer may prescribe from tlme to tlme, ~nd subject to approval of said officer, Including prior wrltten approval for alterations, modifications or additions or the use of any herbicide or pesticide on the premises; c. subject to the right of'the United states to construct, use and maintain facilities on the premises without unreasonably interfering with the licensee's privileges; d. subject to other outgr~nts of the U~ited S~ates on the premises which do not unreasonably interfere with the licensee's privileges; and e. without liability of the United States for f~llure to supervise or' inspect'activities or facilities of the licensee. 2. Under a separate agreement with said officer, the licensee sh~ll psy the cost of the United States to produce or supply utllSties or services to the licensee. Such costs shall include ILhe licensee's proportionate share of the operation and maintenance costs, of United St&tea facilities involved. United States has no obligation to furnish: utilities or services, . 3. The licensee at its own expense sh~ll matnt:~in the premlses in 9ood order to the extent required by said officer, LAKE MENDOCINO, COYOTE DAM UKIAH, CALIFORNIA LICENSE NO. DACW05-91-525 4. The llce~$e 'shall at its own expense promptly repair or replace to ~he satisfaction of saiO officer any United States property damaged or destroyed by the licensee incident to the exercise of the privileges herein granted. In lieu thereof, and If required by said officer, the llcense shall pay to the United States money In an amount sufficient to compensate for the loss sustained by the United States for damage to or destruction of United States property by the licensee. 5. The United States and its officers, agents, servants and employees ("the released parties") shall not be responsible for damages to property, injuries to persons, or any other cause of action ("released actions") which may arise from or be incident to this license or the licensee's exercise of the privileges herein granted. Released actions include, wlthout limitation, damage to the licensee's property, or other cause of actlon of the licensee, or such damage, injury or other cause of action of the licensee's officers, agents, employees, tnvltees of any of these, or anyone else otherwise on or near said premises incident to the license. The licensee shall hold harmless and indemnify the released parties for 'released actions which may arise from or be incident to this license or the licensee's exercise of the privileges herein granted. 6. The licensee shall not discriminate against any person because of race, color, age, sex, religion, handicap, or national orlgin In the conduct of 1ts operations hereunder and the licensee shall conduct 1ts operations on the premises and appurtenant areas in a nondiscriminatory manner, to the end that no person shall, on the ground of race, color, age, sex, religion, handicap or national origin, be excluded from obtaining the services arising from such operations or otherwise be subjected to discrimination under any program or activities arising from or supported by such operations. 7. The licensee shall not unlawfully pollute the air, ground or water or create a public nuisance. The licensee shall ak no cost to the united States promptly comply with present and future Federal, state and local laws, ordinances, regulations or instructions controlling the quality of the environment. This does not aCfect the licensee's right to contest their valldity or enjoin their applicability. The licensee shall be responsible for pollution caused by itself and its agents. 8. The licensee shM1 not remove or disturb, or cause or permit to be removed~or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. In the event such items are discovered on the premiseg, the licensee shall immediately notify said officer and protect the site and the material from further disturbance untll said offlcer glves clearance to proceed. 9. The licensee will use all reasonable means available to protect the environment :nd n~tural resources from d~m~go ~rlsing from this license or activities tncldent to it, and where dom~ge nonetheless occurs, the licensee shall be liable to restore the damaged resources. LAKE MENDOCINO, COYOTE DAM URIAH, CALIFORNIA LICENSE NO. DACA05-91-525 10. If the licensee discovers military contamination on the premises, the licensee shall immediately stop work and request guidance from said officer. 11. On or before the date this license explres or the licensee relinquishes this license, the licensee shall vacate the premises, remove the licensee's property and restore the premises to a condition satisfactory to said officer, except for damages beyond the licensee's control due to fair wear and tear. If this llcense ts revoked, the ltcensee wlll do the same within the time designated by sold offlcer. If the licensee fails or neglects to remove its property and to restore the premises, at the option of sold officer: a, said property shall become the property of the United States without compensation therefor, or b, said officer may have the property removed and the premises restored at the expense of the licensee; and no claim for damages agatnst the Unlted States or its officers or agents shall be created by or mmde on account of the removal and restoration work. If an easement is granted by the said officer to cover the permanent installations, the requirement to remove those Installations shall not apply, 12. The llcensee may terminate this license by givlng ten (10) d~ys' wrltten notlce by certified mail to the Secretary through satd offlcer. 13, This ltcense ls effective only lnsofar as the rights of the United States In the premises are concerned, The licensee shall obtain any further permission necessary on account of any other exlsting rights. 14. This license may not be transferred or assigned. 15. Hunting is prohibited on all project lands. 16. All vehicles are to stay on established roads except by permission of the said officer. 17. No additional improvements at or alteration to the area will be allowed.without prior approval in writlng by the said officer. 18. It is understood by and between the Secretary and the licensee that the licensee is a self-insuring entity. It is further understood that for such period as the licensee shall enjoy the uso of the licensed premises pursuant to the provisions and conditions of this license, and with respect to the exercise by the licensee of the rights hereby granted, the llcensoe shall maintain in force insurance covering workmen's compensation, damage to LAKE HENDOCINO. COYOTE DAH UKIAH, C^LIFORNIA LICENSE NO. DACW05-91-525 property and in~urles to third parties caused by negligence or wrongful acts by the licensee's representatives, employees, contractors or agents. 19. The licensee and the Corps of Engineers shall coordinate their respective operational activities so that licensee's activities will not Interfere with those of the Corps, 20. The licensee understands and accepts all costs for modifying, removing, and relocating their monitoring system. 21. The licensee assumes all responsibility for the maintenance and operation of its system. No responsibility shall accrue to the Secretary for in the event It is damaged by flood releases, Spoiled or damaged licensee's concrete on the weir attributed to the monitoring system (1.e, concrete damaged by vibration) shall be repaired by the licensee. 22. The anchor holes shall be located to avoid hittlng any reinforcing bars, Should reinforcing bars be encountered, the hole(e) shall be filled with an acceotable epoxy compound (1,e,, the epoxy used on the hydro project) and new holes located, 23, The llcensee will remove all temporary buildings and equipment wlthln 30 days after completion of the permanent facilities or no later than 31 December 1991, which ever occurs flrst, 24. That the Licensee agrees to furnish this office with "as-built" legal descriptions and 8 1/2" X 11" or 11" X 17" drawings for our use as exhibits to the right of way instrument upon completion of the underground water line and electric line on Government property. ................. NO CONDITIONS .FOLLOW ............. This license is not subject to Title 10, United States Code Section 2662, as amended. ' IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army this day of 1991. The above instrument, including all its conditions, is hereby accepted this ',day of, 1991. CItY OF UKIAH BY- TITLE' '' I , I ?, ! ,, 0 0 0 0 0 0 ./ ITEM NO. 6f DATE: September 21, 1994 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BIDS IN THE AMOUNTS OF $17,835 FOR SAND TO BORGES TRANSFER AND $10,700 FOR BANK GRASS SOD TO WESTCOAST TURF FOR CAPITAL IMPROVEMENT PROJECTS AT THE MUNICIPAL GOLF COURSE The Golf Course Long-Range Master Plan was approved by the City Council on September 7, 1994. The Golf Course Committee met on September 8 to finalize the capital improvement projects based on the Long-Range Plan and Council budget approved projects. Specifications for all materials needed were then submitted to purchasing for bidding distribution. City policy requires that all purchases in excess of $5,000 be reviewed and authorized by the City Council. Therefore, the bids for sand and bank grass sod are attached for your approval. Three bids were received for each item. Of the three bids for sod, only Westcoast Turf was able to provide the required pencross bent grass needed for our Golf Course requirements. On the sand bid, we received two bids at the exact same quote -- one from Silica Resources of Marysville, California, and the other from Borges Transfer of Redwood Valley. Staff is requesting that Council approve the bid award to Borges Transfer of Redwood Valley. Due to the intense timetable required to complete these capital improvement projects before the winter frosts, the City Manager has waived the ten-day legal notice posting requirement and we are now requesting Council's approval of that action. All bid requests and primary responses are attached for your review. RECOMMENDED ACTION: Award bids as recommended by Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not award bids. 2. Refer to staff for rebidding. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: N/A Prepared by: Candace Horsley, Assistant City Manager/Director~,~~ of Community Services Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Table of bids 2. for sod and sand. APPROVED: 3:CS~SR.BID ~~~~s~i~~sp°nses TABLE OF BIDS 8/H~ID · Borges Transfer Silica Resources Ford Sand & Gravel $17,835 $17,835 (Does Not Provide) SOD · Westcoast Turf S/L Turfgrass Oak Valley Nursery $10,700 (Does Not Raise) (Does Not Provide) 3:CS~S~SR.BID GREENS SAND TOPDRESSING / CONSTRUCTION Sand Selection: Sand has to be non-calcareous and conform to USGA particle size criteria. The following table contains the USGA criteria for particle size distribution of the sand component. Table 1 Particle Size Distribution of USGA Root Zone Mix. Fraction U.S. Diameter Allowable. Range : Standard of Sieve Size Name .Sieve (mm) % Retained on Sieve · Mesh Cnavel 10 2.00 < 3% No more than 10% Very Coarse 18 1.00 < 7% to 10%* including 3% fine gravel. Coarse 35 0.50 At least 60% A Mi.imum of 80% Mcdkun "60 0.25 particles in this range lu these combined Fine 100 0.15 20% Maximinn sand fractions. , Very Fine 270 0.05 5% Maximum Combined Fractions Silt 0.002 5% Maximum Allowable No Mor~ Than Clay < 0.002 3% Maximum Allowable 10% * Gravel plus Very Coarse should not exceed 10% total. : - Peat Selection: The organic component shall be a peat with a minimum organic percentage of 85% by weight as determined by loss on ignition (ASTM D 2974-87 Method D). Dakota Reed Sedge Pc'at and Sogevex Canadian Sphagnum Peat meet USGA criteria for materials to be used in putting green construction. Mixing Parameter: ~The Sand / Peat will be mixed by volume percent basis rather tha~ weight percentage. Organic matter on a dry weight basis ideal range 2% to 4%. All root zone mix will be thoroughly mixed off site and hauled to green site. Physical Performance of the Rootzone Mix: Saturated hydraulic conductivity (infiltration rate); Normal Range 6" to 12" inches per hour Porosity; Compacted root zone mixture that have been allowed to percolate for 24 hrs. and than drained at a tension of 40 cm of water should have .a total pores space volume between 35 and 50 percent. ~-The volume of non-capillary pore at a tension of 40 cm of water should not less than 15 percent, nor more than 25 percent. The permissible level of capillary pore space have the same limitations. Water Retention Capacity; The water held by a soil against drainage is the water that supports the growth of the turf. The rootzone should have a laboratory 40 cm water retention capacity between I2 and 18 percent by weight. Most sand/peat green should have 15 percent or less water retention. Other Requirements Ail samples before approval, will be tested to meet all USGA specification, and guidelines at a qualified soil lab of the City of Ukiah choosing at the vendors expense. Ail Green sand must have a Uniformity Coefficient (CU) less than 4. -_ 300 SEI UKIAH, CA 95482 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · TO: Borges Tranfer PO Box 344 Redwood Valley Ca. 95470 The Ukiah Golf Course would like a quote on; 500 tons of 90 / 10 Silica sand and Reed Sedge Peat, Greens blend sand mix See attached Specifications Quote price of sand will include, cost of sod, freight and tax to Ukiah, Ca. 95482 Pleas~'~send quote to Reed Carpenter at 1-707-463-6204 by Thurs. -Sept. 15, 1994 300 UKIAH, CA 95482 . ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · TO: West Coast Turf PO Box 4563 Palm Desert, Ca. 92261 ATTENTION: Jeff Cole The Ukiah Golf Course would like a quote on; 9,500 sq. ft. of washed Bentgrass sod putting green quality First request is Sr ]020 bentgrass, Second is Pencross bentgrass Ail sod must be free of diseases and insects at time of delivery. Ail bentgrass sod will be mowed at a height of 3/]6" Ail bentgrass sod will be shipped in refrigerated trucks Quote price of sod will include, cost of sod, freight and tax to Ukiah, Ca. 95482 Please send quote to Reed Carpenter at ]-707-463-6204 by Thurs. Sept. ]5, 1994 08 HEST COAST TURF 619 36(~ 5616 'TEMBER '14, 1994 QUOTE ~1'4~ .BY: DANIELLE HARMAN CITY OF UKIAH P. 1,/1 UKIAM GOLF COURSE ~RE FEET 0F WASHED. PENNCROSS OR SR1020 BENTGRASS SOD AT ~E FOOT, PLUS TAX,' DELIVERED TO UKIAH. TURF IS THE ONLY COMPANY IN CALIFORNIA WITH THE RIGHTS WASHING PATENT, THEREFORE, WASHED SOD IN THE STATE OF CAN oNLy BE PURCHASED THROUGH WEST COAST TURF. ..~ ~OT]:D PRICE ms (EX~D UNTIL: '~R~ OF AUTHORiZATIO~ '",. '"j.~, unl~ ~ob, requ: cUStomer Will be q JANUARY 1, 1995 DATE: 9/14/94 :' does not take into consideration any prevailing wage ~ss otherWise noted. If the job quoted is a Dublic works ring Drevailing wage, it is the resDonsibility of. the uoted to notify West Coast TUrf of the change, and you 0ted accordingly. Item No: 6.q Date : September 21, 1994 AGENDA SUMMARY REPORT SUBJECT: Authorize City Manager to Execute the State Revolving Loan Funding Program Loan Contract between the State Water Resource Control Board and the City of Ukiah relative to the Advanced Wastewater Treatment Project in the amount of $ 6,592,944. REPORT: The City of Ukiah has submitted all the necessary documentation requested by the State Water Resource Control Board relative to this project. The State Water Resource Control Board and the City of Ukiah have agreed upon the loan amount for this project. Therefore, staff recommends the execution of the Loan Contract in the amount of $ 6,592,944. RECOMMENDED ACTION: Authorize City Manager to Execute the State Revolving Loan Funding Program Loan Contract between the State Water Resource Control Board and the City of Ukiah in the amount of $ 6,592,944. ALTERNATIVE POLICY ACTION: Deny Approval and Direct Staff to Negotiate a New Loan Contract. Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A ( if budgeted) Citizen Advised: N/A Requested By: Darryl L. Barnes, Public Utilities Director/~/.~ Prepared By: Darryl L. Barnes, Public Utilities Director Coordinated With: Charles L. Rough Jr., City Manager AttacJ~ments: 1) Loan~Contract -- APPROVAL STATE REVOLVING LOAN FUND PROGRAM LOAN CONTRACT BETWEEN THE ~ STATE WATER RESOURCES CONTROL BOARD AND CITY OF UKIAH CONTRACT NO. 4-808-550-0 LOAN NO. C-06-4102-110 This loan contract is made this 15th day of August, 1994, between the State of California, acting by and through the State Water Resources Control Board, hereafter referred to as the "SWRCB", and City of Ukiah, a municipality of the State of California, hereafter referred to as the "Agency". WHEREAS: o The federal Clean Water Act (33 U.S.C.A. §1251 et seq.) and state law (Division 7, Chapter 6.5, California Water Code) authorize the SWRCB to enter into contracts with municipalities and other public agencies for financial assistance for construction of publicly owned treatment works; and , The Agency has made application for a loan related to construction of the Project hereafter described, and said Project has been determined by the SWRCB to be eligible for a loan pursuant to applicable federal and state laws, rules, regulations and guidance; and 3. The SWRCB has authorized loan funding for the Project hereafter described. (See SWRCB Resolution No. 93-111. ) NOW, THEREFORE, It is Agreed as Follows: SECTION 1. PROJECT DESCRIPTION. The Project, commonly known as the wastewater treatment plant upgrade for the City of Ukiah, generally consists of constructing an advanced wastewater treatment system to handle the wet weather flows, and to upgrade the existing wastewater treatment plant/in the following areas: effluent disinfection, secondary sedimentation, effluent disposal, and treatment process control s, as more particularly described in the loan application of the Agency and the approved plans and specifications for the Project. SECTION 2. INCORPORATION OF DOCUMENTS; ORDER OF PRECEDENCE; GENERAL AGENCY COMMITMENTS. This contract incorporates herein, or by reference, the documents listed below. the event of any inconsistency in the. contract documents, except as otherwise specifically provided, the inconsistency shall be resolved by giving precedence In Page 2 in the following order: (1) the provisions of this loan contract document (2) the Loan Contract Special Conditions (Exhibit A); (3) the Approval to Award letter (Exhibit B); (4) the Approved Plans and Specifications and Applicable Effluent Limitations (Exhibit C); (5) the Plans and Specifications Approval Letters (Exhibit D); (6) the Facilities Plan Approval Letter (Exhibit E); (7) the Preliminary Loan Repayment Schedule and any amendments thereto (Exhibit F); and (8) the Loan Contract Standard Conditions (Exhibit G). The AgenCy accepts and agrees to comply with all terms, provisions, conditions, and commitments of this contract, including all incorporated documents, and to fulfil 1 all assurances, declarations, representations, and commitments made by the Agency in its application, accompanying documents, and communications fi 1 ed in support of its request for loan. SECTION 3. ESTIMATED COST OF PROJECT. The estimated total cost of the Project, including associated planning and design ~costs, is five million nine hundred thousand dollars ($5,900,000) to the Agency. SECTION 4. MAXIMUM LOAN AMOUNT. Subject to all of the terms, provisions, and conditions of this contract, and subject to the availability of state and federal funds, the SWRCB will loan the maximum sum of six million five hUndred ninety two thousand nine hundred forty four dollars ($6,592,944) to the Agency. This amount is based on the Approval to Award letter from the SWRCB dated August 15, 1994. SECTION 5. INTEREST RATE. The loan interest rate shall be 3.0 percent per annum. Interest on any loan funds disbursed to the Agency shall begin to accrue as of the date of each disbursement. This rate is based on the sale of State General Obligation Bonds held on August 17, 1994, and is set when the loan contract is certified to the Agency. SECTION 6. COMPLETION OF PRO2ECT. - The Agency agrees to expeditiously proceed with and complete construction of the Project in substantial accordance with Project plans and specifications approved by the SWRCB. SECTION 7. PROJECT CERTIFICATION. One year after Project completion, the Agency shall certify to the SWRCB whether or not the Project, as of that date, meets applicable design specifications and effluent limitations. If the Agency cannot certify that the Project meets such specifications and limitations at that time, the Agency will, at its own expense and in a timely manner, expeditiously make all needed corrections and perform all additional work necessary to allow affirmative certification for the Project. Failure to submit an affirmative certification within 13 months, or a corrective action report that meets the above requirements and is satisfactory to the Division within 15 months, of the project completion'date will result in an interest penalty of 0.1 percent per day being assessed on the outstanding loan balance due. Page 3 SECTION 8. DISBURSEMENT. Loan funds will be disbursed in accordance with the disbursement provisions of Exhibit G attached hereto. SECTION 9. REPAYMENT OF LOAN. Loan funds shall be rePaid in accordance with the provisions of Exhibit G, attached hereto, and as indicated in appropriate Loan Repayment Schedules in Exhibit F, also attached hereto. SECTION 10. DEDICATED SOURCE OF REVENUE. The Agency shall at all times maintain a dedicated source of revenue sufficient to provide reasonable assurance of repayment of this loan. The dedicated source of revenue shall comply with the requirements of the federal Clean Water Act and any applicable federal and state regulations and shall have received SWRCB approval. SECTION 11. FUTURE LOCAL DEBT. All future debt incurred by the Agency shall be on parity with, or subordinate to, the SRF debt. SECTION 12. FINANCIAL MANAGEMENT SYSTEM AND STANDARDS. The Agency agrees to comply with federal standards for financial management systems. The Agency agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient topermit preparation of reports required by the federal government and tracing of loan funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or state law or the terms of this contract. To the extent applicable, the Agency agrees to be bound by and to comply with the provisions and requirements of the federal Single Audit Act of 1984 (Pub. L. 98-502) and Office of Management and Budget (OMB) Circular No. A-128. SECTION 13. ACCOUNTING STANDARDS. The Agency will maintain separate Project accounts in accordance with generally accepted government accounting standards including those contained in the "Standards for Audit of Governmental Organizations, Programs, Activities and Functions" promulgated by the U.S. General Accounting Office. SECTION 14. PROHIBITED CONTRACT. The Agency agrees that it will preclude its contractors and subcontractors from contracting with any party which is debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension". SECTION 15. COPYRIGHTS. The Agency agrees that the U.S. Environmental Protection Agency shall have a royalty-free, nonexclusive and irrevocable license to reproduce, publish, otherwise Page 4 use, and to authorize others to use, for federal government purposes: (a) The copyright in any work developed under this loan contract and (b) any rights of copyright which the Agency may purchase where costs of such purchase are reimbursed with loan funds. SECTION 16. USER CHARGE SYSTEM. The Agency shall adopt and maintain in effect a user charge system which at all times complies with the requirements of Section 204(b)(1) of the federal Clean Water Act and applicable federal and state rules, regulations and guidelines. SECTION 17. OPERATION AND MAINTENANCE. The Agency agrees to properly staff, operate and maintain all portions of the Project during its useful life in accordance with all applicable state and federal laws, rules and regulations. SECTION 18. USEFULLIFE OF PRO2ECT. For purposes of this contract, the parties agree that the useful life of the Project is 20 years from and after Project completion. SECTION 19. ASSIGNABILITY. To the extent permitted by .federal and state laws, rules, and regulations, the SWRCB may sell, pledge, assign, grant a security interest in, or otherwise encumber this contract and any right, or rights hereunder, including any payment or payments to be received hereunder. SECTION 20. STATE REVIEWS AND INDEMNIFICATIONi The parties agree that review or approval or.Project plans and specifications by the SWRCB is for administrative purposes only and does not relieve the Agency of its responsibility to properly plan, design, construct, operate, and maintain the Project. As between the SWRCB and the Agency, the Agency agrees that it has sole responsi bi 1 ity for proper pl anning, design,' construction, operation, and mai ntenance of the Project, and the Agency agrees to indemnify the SWRCB, the State of Cal i fornia and' their officers, agents, and employees against 'and to hold the same free and harmless from any and all claims, demands, damages, losses, costs, expenses, or 1 i abi 1 ity due or incident to planning, design, construction, operation, or maintenance of the Project. SECTION 21. TERM. This contract shall take effect upon Department of General Services' approval of the contract, and the contract shall remain in effect for the useful life of the Project or until the date of final loan repayment, whichever period is longer, unless sooner terminated pursuant to the provisions hereof. Page 5 IN WITNESS THEREOF, the parties have executed this contract on the dates set forth below. CITY OF UKIAH By: Name: Title: Dated: Charles L. Rough, or. City Manager APPROVED BY DEPARTMENT OF GENERAL SERVICES STATE WATER RESOURCES CONTROL BOARD By: Title: Dated: Chief, Divi sion of Admi ni strati ve Services DATE Page 6 Contract No. 4-808-550-0 Loan No. C-06-4102-110 CITY OF UKIAH EXHIBIT A LOAN CONTRACT SPECIAL CONDITIONS [X] None at this time. [ ] Special condition as follows: Page 7 EXHIBIT B APPROVAL TO AWARD LETTER Contract No. 4-808-550-0 Loan No. C-06-4102-110 CITY OF UKIAH See Approval to Award letter dated August 15, 1994. The letter of August 15, 1994 shows how the maximum loan amount, as described in Section 4, was determined. (916) 227-4441 (916) 227-4595 FAX AU8 15 199 - o. CERTIFIED MAIL NO. P 318 595 268 Return Receipt Requested Mr. Charles L. Rough, Or. City Manager City of Ukiah 300 Semi nary Avenue Ukiah, CA 95482 Dear Mr. Rough' APPROVAL TO AWARD (ATA) -- CITY OF UKIAH (CITY), WASTEWATER TREATMENT PLANT UPGRADE, STATE REVOLVING FUND (SRF) LOAN PROGRAM NO. C-06-4102-110 We have reviewed the ATA request package submitted with the SRF ATA Form 555-1 executed by you on June 20, 1994. The California State Water Resources Control Board hereby authorizes'you to award the construction contract as follows- CONTRACTOR~ AMOUNT BID ELIGIBLE AMOUNT Pacific Mechanical Corp. $6,139,800 $5,575,950 The Division of Clean Water Programs (Division) determined that the City has complied with program requirements and establishes the SRF ATA budget as fol 1 ows' ATA BUDGET REQUESTED APPROVED ,, A. Construction .$5,486,200 $5,575,950 B. Allowance 1,103,000 1. Planning 2. Design 3. Construction 4. Administration 5. Prime Engineering C. Other D. Total -0- $6,589,200 156,463 293,202 500,189 50,184 16,956 ' 0 ' $6,592,944 Please .refer to the enclosed construction eligibility calculations. However, eligibility of bid items Numbers 2,7 and 8 depend upon the outcome of State Water Resources Control Board (SWRCB) meeting in October 1994. If the SWRCB adopts a new policy to fund replacement of previously granted funded facilities, then funding.of these items will be considered, depending on the availability of funds. SURNAME Mr. Charles L. Rough, Or. ~ · o The,eligibility decisions contained herein are considered staff decisions. If the City IS IN AGREEMENT with these decisions, please state so in writing within thirty (30) days from the date of this letter to.- Mr. ~lim Putman, Chief Loans and Grants Branch Division of Clean Water Programs P.O. Box 944212 Sacramento, CA 94244- 2120 If the City IS NOT IN AGREEMENT With these decisions, then it should request a meeting with and/or a final staff decision from Mr. Putman. If you have not contacted Mr. Putman within thirty (30) days from the date of this letter, we will have no choice but to issue a final staff decision. DISBURSEMENT SCHEDULE . Within thirty (30) days please submit to Ms. Ame Mathies at the above address a preliminary disbursement schedule (see enclosed format) which shows the estimated monthly amounts to be requested by the City during the construction period. The total should equal the approved ATA budget amount. This is needed as an exhibit with your proposed loan contract. The loan contract can not be prepared until the preliminary disbursement schedule i s submitted. 2. You should allow about two weeks following your a) agreement on .the ATA budget.and b) submittal of the preliminary disbursement schedule for the Division to complete preparation of the loan contract, provided all the other prerequisites have been completed. The binding loan commitment takes, on the average, three months to process. .. 3. Please be reminded that disbursement(s) for costs incurred prior to the binding loan commitment may be subject to the refinance rules in the Policy. CONSTRUCTION CONTRACT REQUIREMENTS le The enclosed "Notification to Labor Unions or Other Organizations of Workers" must be reproduced in the quantity desired, completed by the contractor, and distributed to all unions and organizations that might represent workers on the job. Mr. Charles L. Rough, Jr. - 3- e 3, Mail the following documents to the Construction Administration Unit as soon as they become available: A. One copy of the executed construction contract, B. One copy of the form entitled "Certification of Bond and Insurance Coverage" and, C. One copy of the Notice To Proceed. Recipients of SRF loan assistance are required to report MBE/WBE utilization to the Division. Form MBE/WBE UR334 and the associated instructions are enclosed. If you have any questions, please contaCt Mr. Bruce Seno at (916) 227-4488. When the preconstruction conference is scheduled, please notify me at (916) 227-4441 so that we may participate. Sincerely, Richard Wasser, Chief Construction Administration Unit Enclosures bcc: Bruce Seno, DCWP Jim Putman, DCWP Pat Lam, PM, DCWP Wing. Lee°i Design, DCWP Ame Mathies, DCWP Fred Johansen, Payments, DCWP BSENO/josella/8/5/94 d:\seno\ukiah\ata Page 8 Contract No. 4-808-550-0 Loan No. C-06-4102-110 CITY OF UKIAH EXHIBIT C APPLICABLE EFFLUENT LIMITATIONS See NPDES Permit' No. CA0022888, Order No. 94-18, Waste Discharge Requirements, adopted by the California Regional Water Quality Control Board, North Coast Region, on March 24, 1994. APPROVED PLANS AND SPECIFICATIONS Incorporated by rel~erence are the plans and specifications which are the basis for the construction contract to be awarded to the Pacific Mechanical Corporation. California Regional Water Quality Control Board North Coast Region ORDER NO. 94-18 NPDES PERMIT NO. CA0022888 I.D. NO. 1B840290MEN WASTE DISCHARGE REQUIREMENTS FOR C-06_~-ko'~ ----- Module Section_ CITY OF UKIAH Mendoc i no .County The California Regional Water Quality Control Board, North Coast Region (hereinafter the Board), finds that: · The City of Ukiah (hereinafter the permittee) submitted a complete report of waste discharge 'for ~enewal of National Pollutant Discharge Elimination System (NPDES) Permit No. CA 0022888 on January 7, 1994. · The permittee operates facilities that provide'wastewater treatment for the City of Ukiah and the Ukiah Valley Sanitation District. The- facilities are located in Section 33, T15N, R12W, MDB&M, as shown in Attachment "A" .incorporated herein and made a part of this Order. The current treatment facilities are designed to provide secondary treatment for an average daily dry weather flow uP to 2.8 MGD and an average daily wet weather.flow up to 7.0 MGD. The facilities include primary sedimentation, trickling filters, secondary'sedimentation, .chlorination,.oxidation/percolation ponds, dechlorination, and sludge digestion. The permittee is currently upgrading the facility from secondary treatment to advanced wastewater treatment by adding coagulation and filtration to the treatment processes. The design capacity of the facility will remain the same. During the winter months, when there is sufficient river flow, effluent is discharged to the Russian River (Discharge Serial No. 001) located at Latitude 39° 07' 07", Longitude 123° 11' 28". During the summer months effluent is discharged to evaporation/percolation ponds (Discharge Serial No. 002). · This facility is a major discharger as defined by-the U.S. Environmental Protection Agency. · The Board adopted Water Quality Control Plans for the Klamath River Basin (lA) and the North Coastal Basin (lB) on March 20, 1975. The Klamath River Basin Plan (lA) was combined with the North Coastal Basin Plan (lB) to form the Water Quality Control Plan for the North Coast Region. The Plan for the North Coast Region was adopted by the Board on April 28, 1988. and approved by the State Water Resources Control Board on November 15, 1988. The Plan includes water quality objectives, implementation plans for point source and nonpoint source discharges and statewide plans and policies. Order No. 94-18 -2- 6~ e Be 9, 10. 11. The Plan for the North Coast Region also includes a prohibition on any.discharge to the Russian River during the period of May 15 through September 30 and all other periods When the receiving stream's flow is less than 100 times greater than the waste flow. The' State Water Resources Control' Board adOpted the Inland Surface .Waters Plan on April 11, 1991. . The permittee has certified t~at certain substances listed in Tables i and 2 of that plan are not in the waste stream, that no source has .been identified which.would likely result in the presence of such substances in the waste stream, and that no change has occurred that could cause such.substance(s) to be present in the waste stream. The permittee's certification was accompanied by a laboratory analysis of the discharge for substances listed in Tables I and 2, and by'process and treatment descriptions which demonstrate the absence of such'Substances in the waste stream. The Regional Board has reviewed the permittee's certification and has determined that only the substances listed in Effluent Limitation 3, occur .in the discharge. However, the permittee is required to mOnitor for Inland Surface Waters 'Plan Tables i and 2 substances that are not identified in Effluent Limitation 3, six months prior to the expiration of this permit as specified in Provision 2. The beneficial uses of the Russian River include: a~ municipal and domestic supply agricultural supply industrial supply groundwater recharge water contact recreation non-contact water .recreation warm freshwater habitat cold freshwater habitat wildlife habitat fish migration fish spawning Beneficial uses of areal groundwaters include: ae domestic water supply agricultural water supply industrial supply Effluent limitations, and toxic and pretreatment effluent standards established pursuant to Sections 208(b), 301, 302, 303(d), 304, 306, and 307 of the Clean Water Act and amendments thereto are applicable to the permittee. The discharger is preseptly governed by Waste Discharge Requirements Order Ilo. 89-24, adopted by the Board on March 30, 1989. The action to renew an NPDES Permit is exempt from certain provisions of the California Environmental Quality Act (Public Resources Code Order No. 94-18 -3- 12', 13. 14. 15. 16. Section 21100, et seq.), in'accordance with Section 13389 of the California Water 'Code. A negative'declaration for the faci'lity upgrade was prepared and approved by the City of Ukiah on June 29, 1993, to satisfy the requ'irements of the CalifOrnia Environmental Quality Act. The Board has considered the negative declaration and has determined that compliance with this Order will mitigate any potential adverse water quality impact. This facility also includes'storm Water discharges associated with 'industrial activities, category "ix" as defined in 40 CFR Section 122.26(b)(14). The permittee described storm water discharges, appropriate pollution prevention practices and best management practices in a completed Notice of Intent dated March 24, 1992 and submitted to the State Water Resources Control Board pursuant to the Statewide General Permit Program. On SePtember 24, 1993 the permittee completed submittal of supplemental information including a Storm Water Pollution Prevention Plan (SWPP Plan), and a storm water moni'toring plan, to the Regional Board. The storm water monitoring plan is designed to monitor storm water discharges to evaluate the effectiveness of the SWPP Plan. The facility has the potential tO discharge sewage wastes into the stormdrain system at the plant headworks where septage pumpers discharge into the treatment works. Diesel fuel and lab chemicals if spilled could enter the stormdrain system. The permittee's SWPP Plan includes source identification, practices to reduce or eliminate pollutant discharge to storm water,-an assessment of potential pollutant sources, a materials inventory, a preventative maintenance program, spill 'prevention, and response procedures, general storm water management practices, employee 'training, recordkeeping, and elimination.of non-storm Water discharges to the storm water system. The storm water discharges are best regulated in conjunction with the terms of this individual permit, thus regulation by Statewide General Permits is hereby terminated. Due to the large number of storm water discharges and the complex nature of storm water discharges, it is not feasible at this time to establish numerical storm water discharge effluent limits for those facilities which are not covered in 40 CFR Subchapter N Instead, implementation of the provisions of this permit Constitutes compliance with BAT/BCT requirements and requirements to achieve water quality standards. Best Management Practices (BMPs) to control and abate the discharge of pollutants in storm water are authorized where numeric effluent limits are infeasible and the BMPs are. reasonably necessary to. achieve compliance with effluent limitations or water quality standards, Order No. 94-18 -4- 17. 18. 19. The Board has notified the permittee and interested agencies and persons of its intent to prescribe waste discharge requirements for the discharge and has provided them with an opportunity to submit their Written comments and recommendations.~ The Board, in a public meeting, heard and considered all comments pertaining to the discharge. This Order will serve as a National Pollutant Discharge Elimination System Permit pursuant to Section 402 of the Clean Water Act, or amendments thereto, and will take~ effect upon adoption by' the Board. THEREFORE, IT IS HEREBY ORDERED that Waste DisCharge Requirements Order No. 89-24 are rescinded and .the permittee, in order to meet the provisions contained in Division 7 of the California Water Code and regulations adopted thereunder, and the provisions of the Clean Water Act and regulations and guidelines adopted thereunder, shall comply with the following: ' A. DISCHARGE PROHIBITIONS · The discharge of any waste not specifically regulated by this Permit is prohibited. 0 Creation of a pollution, contamination, or nuisance, as defined by Section 13050 of the California Water Code (CWC) is prohibited. [Health and Safety Code, Section 5411]. · The di~scharge of sludge or digester supernatant is prohibited, except as authorized under D. Solids Disposal. The discharge of untreated waste from anywhere within the collection, treatment, or disposal facility is prohibited. The discharge of waste from the City of Ukiah Wastewater Treatment Plant to the Russian River or its tributaries during the period 'May 15 through September 30 each year is prohibited. 6, During the period of October I through May 14, discharges of wastewater shall not exceed one percent of the flow of the receiving water.' For purposes of this permit, the flow in the Russian River shall be that flow as measured near Hopland (USGS Gage 11462500). · 'There shall be no discharge of waste to land which i.s not controlled by the permittee. B. EFFLUENT LIMITATIONS 1. Wastes discharged prior to APril 1, 1995 shall not contain constituents in excess of the following: Order No. 94-18 -5- Constituent Discharge Serial No. 30-Day 7-Day Daily units Averaqe' Averaqe~ Maximum BOD (20°C, 5-day) .. Suspended Solids Settleable Solids 001, 002 001 001, 002 001 001, 002 mg/1 . 30 45 60 lb/day¢ 1,750 2,630 3,500 -. mg/1 30 45 60 lb/dayc 1,750 2,630 3,500 ml/1 0.1 --- 0.2 Ch lorine Res idual Coliform · Organisms (Tot'al) 001 mg/1 ...... 0.1 ., 001,-002 MPN/iO0 ml 23d --- 230 Hydrogen I on · , 2. 001 pH NOt less than 6.5 nor greater than 8.5 On and after April 1, 1995 only advanced treated wastewater as defined by the numerical limitations listed below.shall be discharged to the Russian River or its tributaries, Discharge Serial No. 001. The advanced treated wastewater shall be adequately disinfected, oxidized, coagulated, clarified, and filtered (or equivalent, as determined by the' State Department of Health Services)'. WasteS'discharged shall not contain constituents in excess of the following: Constituent Discharge 3'O-Day 7-Day Daily Serial No. .Units AveraQe~ Averaqeb Maximum BOD (20°C, 5-day) 001 mg/1 10 15 20 001 lb/dayc · 580 880 1,170 002 mg/1 30 -- - 60 ,Suspended Sol ids 001 mg/1. '10 15 20 001 lb/dayc 580 880 1,170 002 mg/1 30 -- 60 Settleable SOlids 001, 002 ml/1 0.1 0 ·. 2 Chlorine Residual 001 mg/1 0.1 Coliform Organisms (Total) '001. MPN/IO0 ml 2.2d -- ·23 002 MPN/100 ml 23 d -- 230 Turbidity' 001 NTU 2 --- 5r Hydrogen I on 001 pH Not less than 6.5 nor greater than 8.5 ' The arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days. Order No. 94-18 -6- The arithmetic mean'of the values for effluent samples collected in a period of seven consecutive days. The daily discharge (lbs/day) is obtained from the following calculation for any calendar day: .~ · . Daily Discharge (lb/day) = 8.34 ~ Q~ ¢~ N i in which N is the number of samples analyzed.in any calendar day. Q~ and C~ are the flow rate (mgd) and the constituent concentration (mg/1), respectively, which are associated with each of the N grab samples which may be taken ·in any calendar day. If a composite sample is taken, C~ is the concentration measured in the composite samPle~ and Q~ is the average flow rate occurring during the period over which samples are composited.. d median '' As recommended by the Department 6'f Health Services Wastewater Reclamation Criteria (1978). Five NTU Maximum not to be exceeded more than five percent of the time. 3. Representative sample of Discharge Serial No. 001 must not contain constituents in excess of the following limits: a. Effluent Limitations for the Protection of' Freshwater Aquatic Life: 4-Day Daily 1-Hour Instantaneous Constituent Unit Averaqe Averaqe Averaqe. Maximum copper** ug/1 d --- d --- tributyl ti n ng/1 20b 40 --- 60 ** Specified effluent limitations must be determined based on the hardness of the .receiving water at the time the discharge is sampled. Appendix A of this permit lists calculated values for each metal based-on various hardness values. mg/1 = milligram(s) per liter~ ug/1 = microgram(s) per liter~ ng/1 = nanogram(s) per liter~ "--" = Not applicable b = Six-Month Median c-h ='Objectives for these metals are expressed by the following formulas, where H = In (hardness) in mg/1 as CaCO3. · d =4-DAY AVERAGE copper = e°'ss~5"'~'~5:i-HOUR AVERAGE copper = e°'9~"'~'~' For example where hardness is 50 mg/1, the 4-DAY AVERAGE copper = 6.5 ug/1 and the · 1-HOUR AVERAGE copper = 9.2 ug/1. Order No. 94-18 -7- The four-day average shall apply as the mean concentration from samples collected over a four-day period. The daily average shall apply as the mean concentration from samples collected during.a 24-hour period. The one-hour average'shall apply as the mean concentration from samples collected during a one-hour period. The instantaneous maximum shall apply to any single grab sample. The six-month median shall apply as a moving median of'daily values for any 180-day period in which daily values represent floW-weighted average concentrations within a 24~hour period. For intermittent discharges, the daily value shall be considered to equal zero for days on which no discharge occurred._ b Effluent Limitations for the' Protection of Human Heath Existing'or POtential 'Sources of Drinkinq Water Other Waters Constituent'. Unit .30-Day Averaqe Unit 30-Day Averaqe Noncarc i noqens** copper Ug/1 1000.0'** .... toluene ug/1 10000 mg/1 300 Carcinoqens** TCDD* equivalents Pg/1 0.013 pg/1 0.014 See Appendix I of the Inland Surface Waters Plan for definition · of terms Taste and/or odor-based objectives e Note: Certain dischargers may be subject to more stringent requirements pursuant to Chapter 6.6 of Division 20 of the California Health and Safety Code. mg/1 = milligram(s) per liter~ ug/1 = microgram(s) per liter~ ng/1 = nanogram(s) per. liter~ pg/1 = picogram(s) per literl "--" = Not app 1 icab l e The 30-day average shall apply as the mean concentration frOm samples collected over a 30-day period. The arithmetic mean of th~ BOD' (20°C, 5-day) and Suspended Solids values by weight for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values, by weight, for influent samples collected at Order No. 94-18 -8- approximately the same times during· the same period (85 perCent · removal ). 5.. The mean daily dry weather f. low of waste -S-hall not exceed 2.8 mgd averaged over a period of~30 consecutive days. e "The·-survival Of test fish in 96-'hour static bioassays in undiluted effluent samples shall equal or exceed 904 survival 67% of the time, and 70% survival 1004 of the time. 7, Storm water discharges permitted, by this Order shall be managed .by implementation of the SWPP Plan (and BMPs) described in finding No. 13 (above) and as updated by the permittee to reflect changed' conditions at this facility. ¢. 'RECEIVING WATER LIMITATIONS 1. The waste discharge must not cause the dissolved oxygen concentration~ i. of the receiving waters'to be depressed below 7.0 mg/1. In the event that the receiving waters are determined to have dissolved oxygen concentration of less than 7.0 mg/1, the discharge shall not depress the ·dissolved oxygen concentration below the existing level. e The discharge must not cause the pH of the receiving waters to be depressed below 6.5 nor raised above 8.5. Within this range, the discharge shall not cause the pH of the receiving waters to be changed at any time more than 0.5 units from that which occurs naturally. e The discharge must not cauSe the turbidity of the receiving waters to be increased more than 20 percent above naturally occurring background levels. e The discharge must not cause the receiving waters to contain floating materials, including solids, liquids, foams, and scum, in concentrations that cause.nuisance or adversely affeCt beneficial uses. Be The discharge must not cause the receiving waters to contain taste or odor-producing substanCes in concentrations that impart undesirable tastes or odors to fish flesh or other edible products of aquatic origin, that cause nuisance, or that adversely affect beneficial uses. , The discharge of waste must'not cause esthetically undesirable discoloration of the receiving waters. , The discharge must not cause bottom deposits in the receiving waters to the extent that such deposits cause, nuisance or adversely affect beneficial uses. . 8. The discharge must not contain concentrations of biostimulants which 'promote objectional aquatic growths to the extent that such growths Order No. 94-18 '-.9- cause nuisance or adversely affect beneficial uses of the receiving waters. 9. ' The discharge mUst not cause'the receiving waters to contain toxic substances in.concentrations that are toxic to, degrade, or that produCe detrimental physiological responses in humans or animals or. cause acute' or chronic toxicity in.plants or aquatic life. 10. The discharge must not cause a measurable temperature change in the · receiving waters. 11. The discharge .must nOt cause bio~ccumulation of pesticide, fungicide, wood treatment chemical, or other toxic pollutant concentrations in bottom sediments or aquatic life to levels which are harmful to human health. .. 12. The discharge must not cause the receiving waters to contain oils, greases, waxes, or other materials in concentrations that result in a '' visible film or coating on the surface of the water or on objects in the water that cause nuisance or that otherwise adversely affect beneficial uses. 13. This discharge.must not cause a violation of any applicable water quality standard for receiving waters adopted by the Board or the State Water Resources Control Board as required by.the Federal Water Pollution Control Act, and regulations adopted thereunder. If more stringent applicable water quality standards are promulgated or approved pursuant to Section 303'of the Federal Water Pollution Control Act, or amendments thereto, the Board will revise and modify this Permit in accordance with such more stringent standards. 14. The discharge must not cause concentrations of contaminants to occur at levels which are.harmful to human health in waters which are existing or potential sources of drinking water. 15. The' discharge must not cause concentrations of toxic pollutants in the water column, sediments, or biota that adversely affect beneficial uses. D. SOLIDS DISPOSAL · · Collected screenings, sludges, and other solids removed from liquid wastes shall be disposed of at a legal point of disposal, and in accordance with the provisions of Title 23, Division 3, Chapter 15 of the California Code of Regulations. Submittal of Information The folloWing information muSt be submitted within go days of the effective date of this Permit, to the Executive Officer: a. Annual sludge production in dry tons and percent solids. Order No. 94-18 -10- be C. d, e® A Schematic diagram showing sludge handling facilities (e.g. digesters, lagoons, drying beds, incinerators) and a solids flow diagram. ~ A narrative description of sludge dewatering and other treatment processes, including process parameters. For example, if sludge is digested,, report average temperature and retention time of the digesters. If drying beds are used, report depth of application and drying time. 'If composting is used, report the temperature achieved and duration. A description of disposal methods, including the following information related to disposal methods used at the facility. If more than one method is used, include the percentage of annual sludge production disposed by each method. · For.landfill dispOsal, include 1) the Regional Board's waste discharge requirements numbers that regulate the landfills used, 2) the present classifications of the landfills used, and 3) the names and locations-of the. facilities receiving sludge. · For land application, include 1) the location of the site(s), 2) the Regional Board's waste discharge requirements numbers that regulate the site(s), 3) the application rate in-lbs/acre/year (specify wet or dry), and 4) subsequent uses of land. · For incineration, include 1) the names and locations of the sites where sludge incineration occurs 2) the Regional Board's waste discharge .requirements numbers that regulate the site, 3~' the disposal method of. ash, and 4) the names and locations of facilities receiving ash (if applicable). Facilities with significant industrial contributions must submit the following, in addition to the information required 'in part 2.a., within 90 days of the effective date of this Permit to the Executive Officer: A characterization of sludge quality 'including sludge percent solids and quantitative results of chemical analysis for the priority pollutants listed in 40 CFR 122 Appendix D, Tables II and III (excluding total phenols). All sludge samples shall be a composite of a minimum of twelve (12) discrete samples taken at equal time intervals over 24 hours. Suggested methods for analysis of'sludge are provided in EPA publications titled "The Methods for Evaluating Solid Waste: Physical/Chemical Methods" and "Test Methods for Organic Chemical Analysis of Municipal and Industrial Wastewater". Recommended analytical holding times for sludge samples should reflect those specified in40 CFR 136.3(e). Order NO. 94-18 -11- e Duty to Comply Bo The permittee shall comply with'effluent standards or prohibitions established under SeCtion 307(a)'of the Clean' Water Act for toxic pollutants and with standards for sludge use and disposal established under Section 405(d) of the Clean water Act within the time provided in the regulations that establish these standards or prohibitions or Standards for sludge use or dispoSal, even .if the Permit has not yet been modified to incorporate the requirement. be The permittee shall.comply'with all federal and state regulation. 40 CFR 257.3-5 contains current EPA regulations regarding the application of sludge containing cadmium and PCBs to land. Ce The permittee is encouraged to comply with the State guidance manual issued by the Depai~tment of Health Services titled "Manual of Good Practice .for Landspreading of Sewage Sludge". · de The Clean Water Act provides that any person who violates a. Permit condition implementing Sections 301, 302, 306, 307, 308, 318 or 405 of the Clean Water Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates Permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a fine of not less than $2,500 nor more. than $25,000 per day of violation, or by imprisonment for not more than 1.year, or both. e Reopener If a standard for sludge use and di~sposal applicable to permittee's treatment, use or disposal practices is promulgated under Section 405(d) of the Clean Water Act before the expiration of this Permit which is'more stringent than the sludge pollutant limits or acceptable management practices authorized in this Permit or controls a pollutant or practice not limited in this Permit, this Permit may be modified or revoked and reissued to conform to the standard for sludge use and disposal promulgated under Section 405(d). The permittee shall comply with applicable standards for sludge use and disposal by no later than the compliance deadline specified in the regulations establishing those standards. Be Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this Permit which has a reasonable likelihood of adversely affecting human health or the environment. Order No. 94-18 -12- E. PROVISIONS · · · , DutY to Comply · The permittee must comply with all of the conditions of this Permit. Any.permit noncompliance constitutes a violation of the Clean Water Act and the Porter-Cologne Water'Quality Control Act and is grounds for-enforcement action~ for permit termination, revocation and reissuance, or modification~ or denial of a permit renewal application. [40 CFR 122.41(a)] The permittee shall comply with ~fflUent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establiSh these standards or prohibitions,'-even if this Permit has not yet been modified to incorporate the requirement. [40'CFR 122.41(a)(1)] , . Duty-to Reapply _. This permit expires on March 24,~ 1999. If the permittee wishes to continue an activity regulated by this Permit after the expiration date of this Permit, the permittee must apply for and obtain a new permit. The application, including a report of waste discharge in accordance with Title 23, California Code of Regulations must be received by the Board no later than September 24, 1998. [40 CFR 122.41(b)] If the permittee wishes to certify that substances identified in Table I and Table 2 of the Inland Surface Waters Plan do not occur in the effluent, the application must include a certification accompanied by a laboratory analysis of the discharge for those substances and by process and treatment descriptions which demonstrate the absence.of the substances in the waste stream.. The. Regional Administrator of the Environmental Protection Agency may grant permission to submit an application at a later date prior to the permit expiration date~ and the Regional Administrator of the Environmental Protection Agency may grant permission to submit the information required by paragraphs(g)(7), (9), and (10) of 40 CFR 122.21 after the permit expiration date. [40 CFR 122.21(d)(2)] 3. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this Permit. [40 CFR 122.41(c)] e Duty to Mitigate The permittee shall take 'all reasonable steps to minimize or prevent any discharge in violation of this Permit which has a reasonable likelihood of adversely affecting human health or the environment. [40 CFR 122.41(d)] Order No. 94-18 -13- e Proper Operation and Maintenance · . The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) that are installed or used by the permittee to achieve compliance with this Permit. Proper operation and maintenance includes adequate laboratory control and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities Or similar systems that are installed by a permittee only when necessary to achieve compliance with the conditions of this Permit. [40 CFR 122.41(e)] -. Permit Actions This Permit may be modified, revoked and reissued, or terminated for cause including, but not limited to, the.following: a. Violation of any terms or conditions of this Permit~ or .. b. Obtaining this Permit by misrepresentation or failure to disclose fully all relevant facts~ or c A change in any condition that requires either a temporary or a permanent reduction or elimination of the authorized dischargel or · · d. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination. e. .A determination that a certification that substances identified in Tables i and 2 of the Inland Surface Waters Plan do not occur in the discharge is no longer valid. The Board may also review and revise this Permit at any time upon application.of any person, or on the Board's own motion. [CWC 13263(e)] If any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under Section 307(a) of the Clean Water Act for a toxic pollutant which is present in the discharge and that standard or prohibition is more stringent than any limitation on the pollutant 'to' this Permit, this Permit shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition and the permittee so notified. [40 CFR 122.41(f)] The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. [40 CFR 122.41(f)] 7. Property Rights This Permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private Order No. 94-18 -14- property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations. [40 CFR 122.41(g)] 8. Duty to Provide Information The permittee shall.furnish the Board, State Water'Resources Control Board (SWRCB), Or Environmental Protection Agency (EPA), within a reasonable time, any information which the Board, SWRCB, or EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this Permit or to determine compliance with this Permit. The permittee shall also furnish to the Board, upon request, copies of records requi~ed to be kept by this Permit. [40 CFR 122.41(h)] .. The.permittee shall cOnduct analYsis on any sample provided by EPA as part of the Discharge Monitoring Quality Assurance (DMQA) program.~ The results of any such analysis shall be submitted to EPA's DMQA manager. · . 9. Inspection and Entry The permittee shall .allow the Board, SWRCB, EPA, and/or other authorized representatives upon the presentation of credentials and other documents as may be required by law, to: · a. Enter upon the permittee's premises'where a regulated facility or activity is located or conducted, or where records are kept under the conditions of this permit~ b. Have access to and copy, at'reasonable times, any records that must be kept under the conditions of this Permit~ Ce Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, 'or operations regulated or required under this Permit~ and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance .or as otherwise authorized by the Clean Water Act, any substances or parameters at any locations. [40 CFR 122.41 ( i ) ] 10. Monitoring and Records a. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. b. The permittee shall calibr'ate and perform maintenance procedures in accordance with manufacturer's specifications on all monitoring instruments and equipment to ensure accurate measurements. The permittee shall retain records of all monitoring informatidn, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Permit, and records of all data used to complete the Order No. 94-18 -15- application for this Permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended'bY request of the Board, SWR£B, or EPA at any time. All monitoring instruments and devices used by .the permittee to'fulfill the prescribed monitoring program shall be properly maintained and calibrated as necessary, at least annually to ensure their continued accuracy. ', c. Records of monitoring information shall include: i. The date, exact place,.and'time of sampling or measurements~ ii. The individual(s) who performed the sampling or measurements~ iii. The date(s) analyses were performed~ iv. The individual(s) who performed the analyses~ v. The analytical techniques or methods used~ and vi. The results of such analyses. vii. *The method detection limit (MDL)~ and viii. *The practical quantitation level (PQL) or the limit of quantitation (LOQ). d. Unless otherwise 'noted, all sampling and sample preservation shall be in accordance with the current edition of "Standard Methods for the Examination of Water and Wastewater" (American Public Health Association). All analyses must be conducted according to test procedures under 40 CFR Part 136, unless other test procedures have been specified in this Permit. Unless otherwise specified, all metals shall be reported as total metals. Test fish for bioassays and test temperatures shall be specified by the Board. Bioassays shall be performed in accOrdance with guidelines approved by the-Board and the Department of Fish and Game. 11. Signatory Requirements a. All permit applications, reports, or information ~ubmitted to the Regional Board, State Board, and/or EPA shall be signed by either a . rincipal executive officer or ranking elected official. 40 CFR 122.22(a)] b. Reports required by this Permit, other information requested by the Board, SWR£B, or EPA, and permit applications submitted for Group II stormwater discharges under 40 CFR 122.26(b)(3) may be signed by a duly authorized representative provided: i · the authorization is made in writing by a person described in paragraph (a) of this provision~ ii. the authorization specifies either an~individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a w611 or a well field, superintendent, position of equivalent responsibility, or an individual or position having * For constituents required by the Inland Surface Water Plan. Order No. 94-18 -16- overall responsibility for environmental matters for the company; and " iii.' the written authorization is submitted to the Board prior to or together with any reports, information, or applications signed by the authorized representative. [40 CFR 122.22(b)(c)] c. Any person signing a document under paragraph (a) or (b) of this provision shall make the following certification: "I certify under penaltY of law that this document' and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel pro. perlY gather and evaluate the information submitted. Based on my inquiry of the persoh or persons who manage the system, or.those persons directly responsible for'gathering the information, the information submitted, is, to the best of my'knowledge and belief, true, accurate,'and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knoWing violations." [40 CFR 122.22(d)] ,, 12. Reporting Requirements a. Planned changes: The permittee shall give notice to the Regional Board as soon as possible of any planned physical alteration or additions to the permitted facility. Notice is required under this provision only when: i · The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b); or 'ii. The. alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to Pollutants which are subject neither to effluent limitations in the permit, nor the notification requirements under Provision 12 (g). b. Anticipated noncompliance: The permittee will give advance notice to the Board of .any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. c. Transfers: This Permit is not transferable. d. Definitions: The following definitions shall apply unless specified in this permit; i · "Daily discharge" means the discharge of a pollutant measured during a calendar day of any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in terms of mass, the "daily discharge" is calculated as the total mass of the Order No. 94-18 -17- pollutant discharged over the sampling day. For pollutants with limitations expressed in other'units of measurement' the "daily discharge" shall be the concentrations of the composite sample. When grab samples are used, the "daily discharge" determination of concentration shall be the arithmetic average (weighted by flow value) of all samples collected during the sampling day. ii. "Daily average" discharge limitation means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. ~ iii. "Daily Maximum', disCharge limitations means that highest allowable "daily discharge" during the calendar month. e. Monitoring reports: Monitoring results shall be reported at the intervals specified in the self monitoring program. By January 30 of -- each year, the permittee shall submit an annual report to the Regional Board. The report shall contain both tabular and .graphical summaries of the monitoring'data obtained during the previous year. In~ addition, the permittee shall discuss the compliance record and the corrective actions taken or planned which may be needed to bring the discharge into full compliance with the permit. If the permittee monitors, any pollutant more frequently than required by this permit, using test procedures approved under 40 CFR Part 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. f. Compliance schedules: Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements-contained in' any compliance schedule of this permit shall be submitted no later than. 14 days following each schedule date. g. 'Noncompliance reporting: The permittee shall report any noncompliance at the time monitoring reports are submitted. The written submission shall contain a description of the noncompliance and its causei the period of noncompliance, including exact dates and times and, if the noncompliance has not been corrected~ the anticipated time it is expected to continue~ and steps taken or planned to reduce, eliminate and prevent recurrence of the noncompli'ance. The following events shall be reported orally as soon as the permittee becomes aware of the circumstances,' and the written report shall be provided within five days of that time. i · Any unanticipated bypass that violates any prohibition or exceeds any effluent limitation in the permit. ii. Any upset that ~xceeds any effluent limitation in the permit. iii. Violation of a maximum daily discharge limitation for any of the pollutants listed by the Board in this Permit. Order No. 94-18 -18- iv. Any noncompliance that may endanger health or the environment. The Executive Officer may waive the above-required written report. h. Other information: Where the permittee becomes aware that it failed to 'submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report, to the Board, the permittee shall promptly submit such facts or information. [ 40 CFR 122.41 (1) ] 13. Bypass · ~' The intentional diversion of waste streams from any portion of a treatment facility is prohibited. 1.4: -Upset . .... ~..... . ~. I , . In any enforcement proceeding, the permittee seeking to establish the ocCurrence of an upset has the burden of proof. [40 CFR 122.41(n)] 15. Enforcement The Clean Water Act provides that any person Who violates a permit condition.implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $25,000 per day of violation. Any person who negligently violates permit conditions implementing Sections 301, 302, 306, 307, or 308 of the Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of. violation, or by imprisonment of not more than one year, or both. Higher penalties may be imposed for knowing violations and for repeat offenders. The Porter-Cologne Water Quality Control Act provides for civil and criminal penalties comparable to, and in some cases greater than, those provided under the Clean Water Act. 16. Existing Manufacturing, Commercial, Mining, and Silvicultural permittees All existing manufacturing, commercial, mining, and silvicultural permittees must notify the Board as soon as they know or have reason to believe that any activity has occurred or will ocCur that would result in the discharge, on a routine or frequent basis, of any toxic pollutant that is not limited in this Permit, if that discharge will exceed one hundred micrograms per liter (100 ug/1). [40 CFR 122.42(a)(2)] 17. Availability A copy of this Permit shall be maintained at the discharge facility and be available at all times to operating personnel. · 18. Change in Discharge In the event of a material change in the character, location, or volume of a discharge, (including any point or nonpoint discharge to .land or Order No. 94-18 -19- groundwater) the permittee shall file With this Board a new report of waste discharQe at least 180' days before making any such change. [CWC Section 13376]. A material change includes, but-is not limited to, the following: a. Addition of a major industrial waste discharge to a discharge of essentially domestic sewage, or the addition of a new process or product by an industrial facility resulting in a change in the character of the waste. b. Significant change in disposal method, e.g., change from a land. disposal to a direct discharge to water, or change in the method of treatment which would significantly alter the 'characteristics of the waste. c. Significant change in the d~sposal area, e.g., moving the discharge to another drainage area, to a different water body, or to a disposal area, significantly removed from the original area, potentially causing different water quality or nuisance problems. d. Increase in area or depth to be used for solid waste disposal beyond that specified in the waste dioscharge requirements. [CCR Title 23 Section 2210]. 19. Severability Provisions of these waste discharge requirements are severable. If any provision of these requirements is found invalid, the remainder of these requirements shall not be affected. 20. Mon i tor i ng The Board or SWRCB may require the permittee to establish and maintain records, make reports, install, use, and maintain monitoring equipment or methods (including where appropriate biological monitoring methods), sample effluent as prescribed, and provide other information as may be reasonably required. [CW£ Section 13267 and 133834]. The permittee must comply with the Contingency Planning and Notification Requirements Order No. 74-151 and the Monitoring and Reporting Program No. 94-18 and any modifications to these documents as specified by the Executive Officer. Such documents are attached to this Permit and incorporated herein. The permittee shall file with the Board technical reports on self monitoring work performed according to the detailed specifications contained in any monitoring and reporting program as directed by the Board. Chemical, bacteriological, and bioassay analyses shall be conducted at a laboratory certified for such analyses by the State Department of Health Services. In the event a certified laboratory is not available to the permittee, analyses performed by a noncertified laboratory will be accepted provided: Order No. 94-18 -20- a.. A quality assurance/quality control program is instituted by the laboratory. A manual containing the steps followed in this program' must be'kept in the labOratory and shall be available for inspection .by staff'Of the Board. The quality assurance/quality control program must conform to EPA or State Department of Health Services guidelines. b. The laboratory will become certified within the shortest practicable time if the State certification program is resumed. 21. National Pretreatment Standards:· Prohibited Discharges a. General'prohibitions Pollutants introduced into POTWs b~ a non-domestic source ~hall not pass-th~ough [40 CFR403.3(n~] the POTW or interfere [40 CFR 403.3(i)] with the operation or performance of the works. These general prohibitions and the specific prohibitions in paragraph (b) of this provision apply to all non-domestic sources introducing pollutants 'into a POTW whether or not the source is subject'to other National Pretreatment Standards or any national, state, or local Pretreatment~Requirements. b.. Specific prohibitions. In addition, the following pollutants shall not be introduced into a POTW: i. Pollutants which create a fire or explosion hazard in the POTW~ ii. Pollutants which Will cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges~ iii. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in interference: iv. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW~ and V, Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Regional Board upon request of the POTW approves alternate temperature limits. vi. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause' interference or pass through ~ vii. Pollutants which results in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems~ viii. Any trucked or hauled pollutant, except at discharge points designated by the POTW. Order No. 94-18 -21- c. When specific limits must be developed by a POTW. i · POTWs developing-POTW Pretreatment Programs pursuant to'40 CFR 403.8 shall develop and enforce specific limits to implement the prohibitions listed in paragraphs (a) and (b) of this provision. ii. All POTWs shall, in cases where-pollutants contributed by User(s) results, in interference or.pass-through, and such violation is. likely to recur, develop and enforce specific effluent limits for Industrial User(s), and all other users, as appropriate, which, together with appropriate changes in the POTW Treatment Plant's facilities or operations, are necessary to ensure reneWed and continued compliance with the POTW's NPDES permit or sludge use or'disposal practices. iii. Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have requested such notice and an opportunity to respond. d. local limits. Where specific prohibitions or limits on pollutants or pollutant parameters are developed by a POTW in accordance with paragraph (c) above, such limits shall be deemed Pretreatment Standards for the purposes of Section 307(d) of the Clean Water Act. [40 CFR 403.5(a)through (d)] . 22. Operator Certification Supervisors and operators of municipal wastewater treatment plants shall possess a certificate of appropriate grade in accordance with Title 23, California Code of Regulations, Section 3680. The State Boa'rd may accept experience in lieu of qualification training. In'lieu of a'properly certified wastewater treatment plant operator,-the State Board may approve use of a water treatment plant operator of appropriate grade certified by the State Department of Health Services where reclamation is involved. 23. Adequate Capacity Whenever .a publicly owned wastewater treatment plant will reach capacity within four years, the discharger shall notify the Regional Board.' A copy of such notification shall be sent to appropriate local elected, officials, local permitting agencies., and the press. The discharger must demonstrate that adequate steps are being taken to address the capacity problem. The discharger shall submit a technical report to the Regional Board showing. how flow volumes will be prevented from exceeding capacity, or how capacity will be increased, within 120 days after providing notification to the Regional Board, or within 120 days after receipt of Regional Board notification, that the POTW will reach capacity within four years. The time for filing the required technical report may be extended by the Regional Board. An extension of 30 days may be granted by the Executive Officer, and longer exten§ions may be granted by the Regional Board itself. [C£R Title 23, Section 2232] Order No. 94-18 24. Toxicity-Reduction Evaluations The permittee shall conduct a toxicity reduction evaluation (TREi if the discharge consistently exceeds an acute or chronic'toxicitY effluent limitation. Once the source of toxicity is identified, the permittee shall take all reasonable steps necessary to reduce toxicity to the required level. The permittee shall comply with the following time schedule to ensure compliance with Effluent Limitation B.2 of this order or otherwise comply with the Board's Long-Range Action Plan for the Russian River Basin. . Task Compliance at Reportinq Date Submit a written progress report detailing the status of the treatment facility · · . improvement program ":."- -" 6 month intervals commencing on May 1, 1994 Begin construCtion of faci 1 ity modifications July 1, 1994 Terminate the discharge of effluent to the Russian River (Discharge Serial No. 001) that does not comply with Effluent Limitation B.2 April 1, 1995 Complete treatment faci 1 ity modifications and comply with Effluent Limitations B.2 NoVember 10, 1995 Certification. I, Benjamin D. KOr, Executive Officer, do hereby certify that the foregoing is- a full,'true, and correct copy of an Order adopted by the California Regional Water Quality Control Board, North Coast Region, on March 24, 1994. ~~B~enja~in D. Kor Executive Officer ( order s \uk t ahnpd .wdr) California Regional Water Quality Control Board North Coast Region MONITORING AND REPORTING PROGRAM NO. g4-18 FOR CITY OF UKIAH Mendocino County MONITORING Monitorinq Discharqe to Holdinq Ponds Samples shall be .collected at a point of discharge to the holding ponds (Serial 002). Composite samples may be taken by a proportional sampling device approved by the Executive Officer or by grab samples composited in proportion to flow. In compositing grab samples, the sampling interval shall not exceed one hour. The following shall constitute the monitoring program: Sampling Constituent Units ' yype of sample Frequency BOD (20°C, 5-day) Settleable Matter Suspended Solids Hydrogen Ion Col iform Organisms mg/1 24 hour compos ite weekly ml/1 grab daily mg/1 24 hour composite weekly pH grab daily MPN/IO0 ml grab week ly Monitorinq Discharqe to the Russian River Whenever there is a discharge to the River, samples shall be collected downstream from the last connection through which effluent can be admitted into the outfall (Serial 001). The folloWing shall constitute the monitoring program for discharge to the Russian River: Sampling Constituent Units Type of Sample Frequency ~'BOD (20°C, 5-day) Settleable Matter Suspended Solids Coliform Organisms Hydrogen Ion Chlorine Residual Maximum Daily Flow Mean Daily Flow Fish Bioassay~ Turbidity N i trate Nitrogen Ammon i a N i trogen Phosphorous (PO4) mg/1 24-hour Composite weekly ml/1 grab daily mg/1 24-hour composite weekly MPN/IO0 ml. grab weekly pH grab daily mg/1 grab daily mgd continuous --- mgd continuous --- 96-hour ~ grab monthly survival NTU grab weekly mg/1 grab monthly mg/1 grab monthly mg/1 grab monthly . Sampling ~ The Rainbow trout, Oncorhynchus mykiss, shall be used as the test fish and test temperature shall be maintained between 14°C and 17°C. Monitoring and Reporting Program No. 94-18 ~ -2- Constituent Units Type of Sampl~ Frequency · Copper mg/l' grab monthly Toluene mg/1 grab annually Tributyltin .ng/1 .grab annually TCDD equivalents pg/1 grab annually Monitorinq Influent SamPles shall be collected at a point folloWing solids grinding but preceding primary treatment. Composite samples may be taken by a proportional sampling device approved by the Executive Officer or by grab samples composited in proportion'to flow.· In compositing grab-Samples, the sampling interval shall not exceed one hour. The following shall constitute the~monitoring program: Constituent Units · ~ · . · . BOD (20°C, 5-day) mg/1 Suspended Solids mg/1 Maximum Daily Flow mgd Mean Daily Flow mgd' Type of Sample 24-ho'ur composite 24-hour composite continuous continuous Samp 1 i ng Freouenc¥ weekly weekly .Monitorinq Receivinq Water During periods of discharge to the Russian River samples shall be collected at a point located upstream of the discharge, in an area that is unaffected by the discharge. Samples shall also be collected downstream from the last discharge point through which effluent is being discharged. Both the upstream and downstream sampling points shall be approved by the Executive Officer. The following shall constitute the receiving waters monitoring program: Constituent Units Dissolved Oxygen BOD (20°C, 5-day) Hydrogen Ion Turbidity Temperature .Hardness (CaCo3) Nitrate Nitrogen Ammonia Nitrogen Phosphorous (POt) Monitorinq Groundwater Type of sample. Sampling Freouenc¥ mg/1 grab monthly. mg/1 grab monthly pH grab monthly NTU grab monthly °C grab monthly mg/1 grab monthly mg/1 grab monthly mg/1 grab monthly mg/1 grab monthly A network of sampling wells shall be installed in the vicinity of the evaporation/percolation ponds. At least one well shall be located up gradient from the ponds and at least two wells shall be located down gradient from the ponds. The location, method of construction, and depth of the sampling wells shall be approved by the Executive Officer. The following shall constitute the groundwater monitoring.program: Monitoring and Reporting Program No.. 94-18 -3- Constituent Units Samp 1 i ng .Type of Sample. Frequency Hydrogen Ion pH 'Chloride mg/1 Total Dissolved Solids mg/1 Nitrate Nitrogen mg/1 Depth to Groundwater feet grab Semi annually" grab Semi annual ly grab Semi annual ly grab Semi annual ly grab Semi -annual ly Monitorinq Storm Water Visual observations shall be conducted and samples 'shall be collected and analyzed in compliance with the Storm Water Monitoring Plan developed by the permittee as described in Finding No. 13 .above. The reSults of all observations and analyses shall be reported to the Board annually as specified in the Storm Water Monitoring Plan described in Finding No. 13 above. .... REPORTING Monthly monitoring-reports shall be'submitted to the Board for each month by the 15th day of the following month In reporting the monitori~ data, the discharger shall arrange the data o~ an 8 1/2 by 11 inch sheet(_~ in tabular form so that the sampling point, the date, the constituents, and the concentrations are readily discernible, The data shall be summarized in such a manner to illustrate clearly the compliance with waste discharge requirements.. During periods of no discharge, the reports shall certify no discharge. Copies of each monitoring report shall be mailed to: Regional Administrator U.S. Environmental Protection Agency Region 9 75 Hawthorne Street San Francisco, CA 94105 Ordered by. ~x~ ~ ~n~amih ~. Kor Executive Officer March 24, 1994 ** Samples shall be collected each year during the months of March and October. (orders\uk tahnpd.wdr) ;! o. · e,u-..,.......~.. ,, , ".,,,~.,." . .. \ "..': . ~~.:~- ,, %' _.~-.,, .\ '. . .-~'.... /.'; --~,, :;.. ,',~ -~... ..6 ·" · · .. · · .~ -::t :'. ' ' , · ' .. .'., ·· ." · %'" · "! ( or* '7¢7 -. -,..,,. - .-,.-- 57O · · ...;,,, .~,. ,.**' · . :...-. · · 0 '.. · .~ ; ,, ~ o . (~'m~ \ · .-~,QCATIL' i. IFE, I-IIOCR ^VERAGE IIARDXESS COPPEk LEAD ZInC CAD~IE~ ~$ CAC03 ug/L ug/L ug/L uO/L ug/L .. 5 !.05 1.80 9.24 0.13 11].48' 10 · 2.02 4.35 16.63 .0.29 20].19 15 2.97 7.30 23.J5 0.46 284.92 20 3.89 10'.52 29.92 0,64 363'43 25 4.80 13.98 36.15 "'0.82 438.94 30 5.70 17.63 42.19 35 6.59 21.46 48.08 40 '7.J8 25.43 53.84 45 8.35 29.54 59.49 50 9.22 33.78 65.0J 55. l'0.09 38.14 70~51 60 10/95 42.61 '75.91 65 J 8l 47.18 81.R4 70 2..67 .51.85 86.50 :5' 3 52 56.61 91.71 50 4 3~ 61.46 96.~6 85 5 21 ,66.39 I01.97 90 6 05 71.40 107.03 95 6 89 76.48 112.04 I00 17 73 81.65 117.02 105 18 56 86.88 121.96 !10 19 39 -92.18 126.86 !15 20.22 97.54 131.~3 120 21.05 102.97 136.57 125 21.8i 108.47 i~1.38 130 22.70 '-{14.02 146.15 135 23.52 i!9.63 150.90 1.01 512.15 1'.20 .583.49 1.40 653.21 !.59 721.72 !.79 789.00 2.00 55.26 2.20 20.59 2.41 85.09 2.62 048.83 2.84 111.87 3.05 174.R6 3.27 236.06 3.48 297.30 3.i0 358.02 3.92 418 24 4.14 478 Ol 4.37 537 34 4.59 596 25 4.82 1654 77 5.04 1712 92 5.27 1770.71 5.50 1828.15 140 24.34 125.30 155'.63 '5.73 1885.28 !~5 25.I6 131.02 'i60.32 5.96 1942.08 150 25.97 136.80. 16~.99 6,2~ 155 26.79 142.63 169.64 160 27.60 !48.52 174.27 165 28.41 154 45 178.87 170 29 22 '160 43 183.~5 175 30 03 166 46 188.02 180 30 84 172 54 192.56 185 31 65 178.67 197.08 190 32 45 184.83 201.5~. 195 33 26 191.05 206.07 200 34.06 197.31 210.5~ 205 34.86 203.61 214.99 210 35.66 209.95 219.42 215 36.46 216.33 223.84 220 27,26 222.76 22g.25 225 38.06 229.22 232.63 230 38 85 235.73 237.01 6.43 2054.$l 6.66 2110.75 6.90 2166.42 7.14 2221.83 7.37 2276.99 7.61 2331.91 7.85 2386.59 8.09 2441.05 8.33 2495.28 8.57 2549.31 8.81'2603.12 9.06 2656.73 9.30 2710 15 9.5~ 2763 3~ 9.79 2810 42 10.04 2869 28 235 39 65 242.27 241.36 10.28 2921 96 2~0 40 44 248.85 2J5.?1 10.53 2974 2~5 ~i 23 255.47 250.04 10.i8 3026 81 250 ~2 03 262.12 254.36 il.03 3078 99 255 ~2 82 268.82 25~.66 11.27 3131.00 AQCATIC ~[FE. a-P~Y AVERAGE iIARD~Ess COPPER LEAD ZinC CAlfillt~ ~ICKEL .AS CAC03. uG/L uO/L "uG/L uG/L uG/L 5 ' .0.91 0.07 8.37 i0 1.65 0.17 15.07 15 2.34 0.28 21.24 RO .~.99 0.41 27.10 25 3.62 0.54 32.75 30 4.23 '0.69 38.22 35 4.82 0.84 43.55 40 : 5.40, 0.99. 48.76 45." 5.98 I 15 53.88 50. 6.54 I 32 58.91 7.09. I 49 63.87 55 60 65 70 75 8O 7.64 8.18 8.72 9.25 9 i7 85, i0 29 90 !0 81 95 !!.32 I 66 68.75 I 84 73.58 2 02 78.35 2 21 83.06 2.39 87.73 2.59 92.36 2.78 96.94 2.98 101.48 100 !1.82 . 3.18 105.99 105 12.33 110 12.83 115 13.32 120 13.82 125 14.31 130 14.80 135 15.28 .140 15.76 145 16.24 150 16.72 155 17.19 16u 17.67 165 18.14 170 18.61 175 19.07 180 19.54 185 ~0'.00 190 20.46 195 20.92 200 21.38 205 ~1.83 210 22.29 215 22.74 220 23.19 225 · 23.64 230 24.09 235 24.54 240 24.98 245 ~5.43 3.39 110.47 3.59 114.91 3.80 119.32 4.01 123.70 ~.23 128.05 4.44 132.38 4.66 136.68 4.88 140.96 5.11 145.21 5.33 149.44 5 55 1)3.65 5 V~ 157.84 6.02 162.01 6 25 166.16 6 49 170.29 6 72 174.41 6 96 178.50 7 20 182.5S 7 44 186.65 7 69 190.69 7 93 194 72 8 18 198 74 8 43 202 7a 8.68 206 73 8.93 210.71 9.19 R14.67 9.44 218 61 9.70 222 55 9.96 226 47 250 25.87 10.21 230.38 255 26.31 10.48 234.28 0.Ii 12.50 . 0 02 0'.!9 22.4~ 0 OS 0 ~6 .31.67 0 16 0 32 -40.40 0 25 0 38 48.80 0 37 0 {{ 56.9J. 0 51 0 50 64.87 0.55 72.62 0.61 80.23 0.66 8i.il. 0.71 95.08 0.76 102.3~ 0.8{ 109.51 0.86 116.60 0..90 123.61 .95 130.5~ O0 131.41 .04 1~4.']2 .09 .150.97 .i3 .18 164.31 .2~ 170.90 .27 17i.45 31 183.9~ 35 190.42 39 196.85 44 203.23 4~ 209.59 52 215.90 56 60 228.43 6~ ~34 65 68 =,0 84 0 6i 0.8~ 1.03 1.23 1.45 1.69 1.93 2.20 2.47 2.77 '3.07 3.39 3.72 4.06 4.78 5.16 5.55 5.96 6 80 7 2~ 7 69 8 15 8 63 9 60 72 24i O0 10.11 76 253 13 10.63 .80 259 2~ 11.15 .84 265 32 11.69 .8~ 271 37 12.24 92 ~" 12. . :t~.40 80 .95 2~3 40 .99 289 39 .03 295 35 .07 301.29 11 307.20 14 313.10 1~ 318.98 3.37 3.9'5 ~ 54 51: 5 75 6 37 7 O0 7.65 2 26 330.67 18.30 2 29 336.49 1~.96 2 33 3~2.29 19.63 2 31 2~8.0T 20.31 AQUATIC LIFE, I-HOCR AVERAGE HARDNESS COPPER LEAD ZInC cADMIUM NICKEL AS CACO3 uO/L uO/L uO/L uO/L uO/L 260 43.61 275.54 262 95 11.52 3182.86 265 44.40 282.3l 267 23 ll.?i 323a.57 2~0 45.19 289.11 271.49 12.03 3286.13 225 45.98 29~.94 275.75 12.28 3337.54 280 46.76 302.80 279.99 12.53 3388.80 285 47.55 309.70 284.22 12.78 3439.93 290 48.34 316.64 288;44 13.03 3490.92 295 '49.12 323.60 292.65 13.29 3541.77 300 49.90 330.60 296.85 '13.54 3592.49 AQUATIC LIFE, 4-DAY AVERAGE SILVER [~STANTA~EOUS HARDNESS COPPER LEAD Zl]C CADMIUR ]lC[EL AS CACO3 uO/L uO/L uO/L uO/L uO/L . uO/L 260 26.75 ' 10.74 238.17 3.40 353.84 · 21.00 265 27.19 I1.00 242.04 270 27.63 . 11.27 245.90 275 28.07 11.53 249.76 280 28.50 11.80 253.60 285 28.94 12.07 257.43 290' 29.37 12.34 261.25 2.44 359.59 21.70 2.47 365.32 22.41 2 51 371.03 23.12 2 55 376.73 23.85 2 58 382.41 24.59 2 62 388.08 25.34 295 29.80 12.61 265.06 2 65 393.74' 26.09 300. 30.23 12.88 268.87 2 69 399.37 26.86 California Regional Water Quality Control Board North Coast Region 5550 Skylane Boulevard, Suite A Santa Rosa, CA 95403 FACT 'SHEET Renewal of Waste Discharge Requirements (NPDES Permit) City of Ukiah Mendocino County The City of Ukiah (City) has filed for'renewal of the NPDES Permit to continue to discharge wastewater from the Ukiah Wastewater Treatment Facility. The Regional Board will consider adoption of a renewal Permit at the March 24, 1994, meeting to be held at the Luther Burbank Center, Concert Chambers, 50 Mark West Springs Road, Santa Rosa, California. The City owns and operates the facilities that provide wastewater treatment. and disposal for.Ukiah and the Ukiah Valley Sanitation~District. The current average dry weather flow treated by the facility is approximately 2.1 million gallons per day (mgd). The treatment facility is designed to treat up to 2.8 mgd. Treated effluent may be discharged to the Russian River from October i through May 14 each year at a rate not to exceed one percent of the River's flow. During the remainder of. the year, treated effluent is discharged to percolation - evaporation ponds. The proposed renewal Permit requires that the quality of the effluent discharged to the River and to the ponds meet the provisions contained in Division 7 of the California Water Code, 'the Federal Clean Water Act, and the Water Quality Control Plan'for the North Coast Region (Effluent Limitations B-1 and B-2). The propoSed renewal Permit also requires that the quality of the effluent discharged to the River after April 1, 1995, meet the standard for advanced treated wastewater pursuant to the Water Quality Control Plan for the North Coast Region as'defined by the numerical limitations listed in. Effluent Limitation (B-2). The proposed renewal Permit also requires that the quality of effluent discharged to the River be in compliance with the California Inland Surface Waters Plan (Effluent Limitations B-3-a and B-3-b). The proposed renewal Permit also requires that storm water discharges from the facility.comply with the Federal regulations for storm water discharges pursuant to Section 122.26 of Section 40 of the Code of Federal Regulations (Effluent Limitation B-7.) Copies of the draft renewal Permit may be obtained by contacting the California Regional Water Quality Control board, North Region, at the address shown be low. For additional information or questions on this matter, please contact: David M. Snetsinger Sanitary Engineering Associate California Regional Water'Qu~lity Control Board, North Region 5550 Skylane Boulevard, Suite A Santa Rosa, CA 95403 Telephone (707) 576-2220 ( not t ces\uk fact) California Regional Water Quality Control Board North Coast Region CONTINGENCY PLANNING AND NOTIFICATION P~~TS FOR ACCIDENTAL SPILLS AND DISCHARGES ORDER NO. 74-151 The California Regional Water Quality Control Board, North Coast Region, finds that: 1. Section 13225 of the Porter-Cologne Water Quality Act requires the Regional Board to perfom general duties to assure positive wmter quality.control. 2. The Regional Board'has been advised of situations in which preparations for, and response to accidental discharges and spills have been inadequate.. e Persons discharging waste or conveying, supplying, storing, or managing wastes or hazardous materials have the primary responsibility for contingency planning, 'incident reporting and continuous and diligent action to abate the effects of such untntentional or accidental 'discharge. THEREFORE,' IT IS HEREBY ORDERED 'THAT: I. All persons who discharge wastes or Convey, supply, store, or otherwise manage wastes or other hazardous material shall: A. Prepare and subm{t to this Regional Board, according -~O a time schedule prescribed by the Executive Officer, a contingency plan'deftning the following: 1. Potential locations and/or circumstances under which accidental discharge incidents might be expected to occur, 2. Possible water quality effects of accidental discharges, 3. The conceptual plan for cleanup and abatement of accidental discharge incidents,.including: a. The individual who will be in charge of cleanup and abatement activities o~ behalf of the discharger, b. The equitxnent ~-nd manpower available to the discharger to {mp.l~t the cleanup and abate~mnt plans, Be Iam~-diately report to the Regional Board any accidental discharge incidents. Such notification shall be made by telephone as soon as the responsible person or b_is agent has knowledge of the incident. Ce Immediately begin dtligent and continuous action to cleanup and abate the effects of any tmuintentional or accidental discharge. Such action shall include t~rary measures to abate.the discharge prior to c~m?leting permanent repairs to clamaged facilities. Order No. 74-151 -2- D. Confim the telephone notification in writingwithin tw~w~eks of the telephone notification. The written, notification shall include: reasons for the discharge, duration and volume of the discharge, steps taken to correct the problem and steps being taken to prevent the problem from recurring. II. Upon original receipt of phone report (I.B.), the Executive Officer shall in~diately notify all affected agencies and'knownusers of waters affected by the unintentional or accidental discharge. iii. Provide updated information to the Regional Board in the event of changeof staff, 'size of the facility, or change of operating procedures whichwill affect the previously established contingency plant. IV. The Executive Officer or his employees shall maintain liaison with the discharger and other affected agencies and persons to provide assistance in cleanup and abatement activities~ V, The Executive officer shall transmit copies of this Order to all persons whose discharges of waste handling activities are governed by Waste Discharge Requirements or an NDPES permit. Such transmittal shall include a current listing of telephone numbers '~of the ExecutiVe Officer and his key employees to facilitate cc~pliancewith Item I.B of this Order. Executive Officer July 24, 1974 '(Retyped February 15, 1990) Your primary notification should be to the Regional Board office in Santa Rosa at (707) 576-2220. During .off hours, you wtll be able to leave a recorded message at that number and, if you have a spill or discharge emergency, you will also be referred to the State. Office of Emergency Services (OES) at (800) 852-7550. OES maintains a roster of key employees and'will relay your notification to Regional Board staff. Page 9 Contract No. 4-808-550-0 Loan No. C-06-4102-110 CITY OF UKIAH EXHIBIT D PLANS AND SPECIFICATIONS APPROVAL LETTER See the Plans and Specifications approval letter dated August 12, 1994, for the wastewater treatment plant upgrade for the City of Ukiah. STATE OF CALIFORNIA - CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSDN. Governor STATE WATER RESOURCES CONTROL BOARD DIVISION OF CLEAN WATER PROGRAMS 2014 T STREET, SUITE 130 P.O. BOX 944212 SACRAMENTO, CALI FORN IA 94244-2120 (916) 227-4563 (916) 227-4595 FAX Mr. Charles L. Rough City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Dear Mr. Rough: FINAL PLANS AND SPECIFICATIONS (P&S) APPROVAL; CITY OF UKIAH; STATE REVOLVING FUND (SRF) LOAN PROJECT NO. C-06-4102-110 The Division of Clean Water Programs (Division) has received the signed Plans and SPecifications Approval form and Project Performance Certification Standards for the subject project that were faxed to this office on August 8, 1994. Pursuant to your concurrence with the eligibility determinations identified on the P&S Approval form and Project Performance Certification Standards, the Division hereby approves the P&S for the City of Ukiah. · The bids for this project has already been opened. Please notify Mr. Richard Wasser of our Construction Administration Unit (CA Unit) by telephone at (916) 227-4441 as soon as the Pre-Construction Conference meeting is scheduled. The subject project is governed by the Policy for Implementing the State Revolving Fund, dated September 23, 1993. However,- eligibility of bid items Numbers 2, 7, and 8 depend upon the outcome of State Water Resources Control Board (SWRCB) meeting in October 1994. If the SWRCB adopts a new policy to fund replacement of previously grant funded facilities, then funding of these items will be reconsidered, depending on the availability of funds. This Plans and Specifications Approval is contingent and provisional; approval will not be final until all terms and conditions applicable to the project are in compliance. This approval assumes that the agency has obtained the necessary approval(s), permit(s), or exemption(s) SURNAM[ 300 SE~ RECEIVED AUG 1 1 1994 DI¥1SION OF CLkAN PRO~RAMS August 8, 1994 Mr. Bruce Seno State Water Resource Control Board Department of Loans and Grants 2014 T Street P. O. Box 944212. Sacramento, California 94244-2120 Subject: Agreement on Eligibility and Project Performance Standards; City of Uldah; State Revolving Fund Loan No. C-06-4102-110 Dear Bruce: Attached as requested is a copy of a fully executed Plans and Specifications Approval Form and the Project Performance Certification Standards Agreement. If you should need any additional information relative to this matter, please give me a call. Sincerely; Director of Public Utilities 'We Are Here To Serve" 5'I'A'I'E REVOLVING FUND LOAN PLANS AND SPECIFICATIONS APPROVAL FORM lof4 PROJECT NO. C06-4102-110 APPLICANT'S NAME -City of Ukiah RECEIVED 8uu i 1 1994 Auth. Rep. Mr. Charles L. Rough A~dress Same as Above ADDRESS 300 Seminary AvenUe, CA 95482-5400 ~i,,,,.., ...... -,,~ ,. .... , ~","'~'~,,., '~..,~l,a %./I L/l.-L./'"r,l~f k¥~'Tll,...I PROGRAMS Engineer Kennedy/Jenks Enqineers A~dress Marathon plaza, 10th floor San Francisco, CA 94107 Phone Phone (510) 932-1710 Proj. Description/Title Wastewater Treatment Plant upgrade and expansion List of eligible items (identify by bid item and schedule) We have reviewed your agency's 100%/As-Bid Plans and Specifications (P&S) of April 1994, Addendum No.1 of May 19, 1994, Addendum No.2 of June 1, 1994, Addendum No.3 of June 6, 1994 and the subsequent information for the subject project. Based on the review and phone conversations with your engineer, we have completed the eligibility determinations as described below. .(Note- Bids were open on June 10,1994.) BID ITEM DESCRIPTION % ELIGIBILITY Base Bid Complete treatment work; excluding the Acts of God Insurance, Sheeting, Shoring, and Bracing for Tranches, and Additive bid items 1 through 15 95%; See condition 2, and 3. Act of God Insurance Ineligible; see condition 1. Sheeting, Shoring and Bracing for Trenches 100; Additive Bid I terns I · Repairing the'concrete surfaces of the Influent Channels Ineligible; see condition 4. Date / APPRO.~AL BY STATE ~c~~~ Wing Lee, Assoc WRC Engineer STATE REVOLVING FUND LOAN PLANS AND SPECIFICATIONS APPROVAL FORM (CONTINUATION SHEET) 2 of,: PROJECT NO. C06-4102-110 APPLICANT'S NAME City of Ukiah List of eligible ito~ns (identify by bid item and schedule) BID ITEM NO. · . . · · · · · 10. 11. 12. 13. 14. 15. DESCRIPTION Influent & Trickling Filter Pumps replacement and modification Install Backup Computer equipments (AWT supervisory station) Preaeration Blowers Replacement Primary Sludge Pumps Replacement Rehabilitation Digester Cover Remove Buried Fuel Tank kboveground Fuel Tank Lagoon cleaning Asbestos removal Standby Backwash Pump Standby AWT Pump Installing a.Programmable Logic Controller (PLC) at the existing Control Building for existing equipment Sludge Dredge Trickling Filter Media replacement % ELIGIBILITY Ineligible; see condition 5. 100; 100; 100; Ineligible; see condition 6. Ineligible; see condition 7. Ineligible; see condition 7. Deleted. 100; 100; 100; Ineligible; see condition 8. Ineligible; see condition 9. 100; Date APPROVAL BY STATE .~~ Wing Lee, Assoc WRC Engineer blAll5 KEYUL¥11~G I~'UIND LOAN PLANS AND SPECIFICATIONS APPROVAL FORM (CONTINUATION SHEET) 3of4 PROJECT NO. C06-4102-110 APPLICANT'S NAME City of Ukiah ! Plans and specifications for your project are approved with the following conditions: CONDITIONS OF APPROVAL 1. Acts of God coverage is ineligible· · The sludge dewatering facility is not eligible ($231,690). The Gravity Belt Thickener is eligible ($317,180). The Boilers and Heat Exchangers are eligible ($239,930). The eligible percentage is: $788,800 - $231,690 = 71% $788,800 3. The eligible percentage of the based bid is: $4,831,736 - $231,690 = 95% $4,831,736 · The costs of repairing.the concrete surface of the influent channels to the headwork are ineligible. They are normal maintenance works. The concrete work associate with the installation of the mechanical screen is eligible. · The costs of replacing the VFD on the existing influent pumps and existing trickling pumps are ineligible. These pumps were grant funded previously. Under EPA regulations, it is the City's responsibility to generate sufficient revenue to pay for the replacement. The existing pumps have ~he capacity to handle the eligible PWWF. If the City opts to modify the existing pumps to improve the efficiency and reliability, the cost must be borne by the City. All costs associate with this item are also ineligible. · Digester cover painting is considered normal maintenance, and therefore it is ineligible. · The cost of replacing the previous grant funded fuel tank is ineligible. All costs relate to this.item are ineligible. · Costs of installing a PLC for existing equipment are ineligible. It is considered normal operation and maintenance. Date //APpROyAL BY STATE I Wing Lee, Assoc WRC Engineer ;3 1 .~ 1 IE, t~13 V UL V 11~ 1~ UIND LL}AIN PLANS AND SPECIFICATIONS APPROVAL FORM (CONTINUATION SHEET) 4 of 4 PRO~ECT NO. C06-4102-110 APPLICANT'S NAME ..City of Ukiah Plans and specifications for your project is approVed with the following conditions: (continued) CONDITIONS OF APPROVAL · Purchasing of. the Dredge to remove sludge from the lagoons is considered normal maintenance and ineligible. 10. The total ineligible costs of the additive bids are $349,686. The eligible percentage for the project is: $6,507,434 - $349,686 - $231,690 = 91% $6,507,434 11. Note that bid items Nos.2, 7, and 8 above were declared ineligible, because these items are replacing grant funded items. The State Water Resources Control Board is expected to approve a revised "Policy for 'Implementation the State Revolving Fund" (Policy) in October, 1994. If the revised Policy allows for funding replacement of previously grant funded facilities, then funding of these items will be reconsidered, depending on the e4~ availability of funds. 12. This Plans and Specifications Approval does not become final until the grant applicant's authorized representative has signed and returned the form indicating agreement with the eligibility decisions and.conditions contained herein along with a signed copy of the performance certification standard. I agree wi'th above eligibility decision ___ Authorized Repre ve Date Date /APPROVAL BY STATE -~, ~//~_ Wing Lee, Assoc WRC Engineer DIVISION OF CLEAN WATER PROGRAMS · PROJECT PERFORMANCE CERTIFICATION STANDARDS lof2 I, Charles L. Rough, as authorized representative for the City of Ukiah, hereby agree to the following performance standards in meeting the requirements of US EPA's "Project Performance Certification" Memo dated September 30, 1992 for Project No. SRF C06-4102-110, City of Ukiah. · Ail components of the project shall meet the material, workmanship and performance standards required in the contract documents. · Ail components of the project shall be operational at the time of certification. · The project will meet all conditions and requirements contained in the Waste Discharge Requirements permit. · Maintain a log of operation and maintenance of .the treatment plant from startup until the time of certification. · The two cross channel screen comminutors shall have total capacity of 21 MGD at a headloss of 11.7 inches. · The preaeration blower shall be able to serve both grit chambers at the rate of 4 CFM/ft of length. · The two primary sludge pumps shall.be capable of discharging at least 4% solids at all times. · The Secondary Clarifiers effluent shalI meet a 30-day average of 30 mg/1 of BOD and SS at the design peak hourly surface overflow rate of 1600 gpd/sq ft. · 'The AWT facilities shall have Four 2-MGD capacity modular contact clarifier-filters. The maximum loading rates are 10 gpm/sq ft. per clarifier and 5 gpm/sq ft. per filter. The mixed media filter will be backwashed at a rate of 15 gpm/sq ft, The effluent constituents shall not exceed a 30-day average of 10 mg/1 on BOD and SS. Turbidity. shall not exceed a 30-day average of 2 NTU. 10. The AWT Chlorine Contact Chambers will provide a minimum of 90 minutes detention time to meet the requirements for pathogenic virus inactivation and to meet a median coliform level of 2.2 MPN/100 ml prior to discharge to surface waters. 11. The gravity belt thickener shall produce a sludge of at least 6% concentration to digesters or to the belt filter press. Project No. c06-4102-110 Appi|cant's Name City of Ukiah DIVISION OF CLEAN WATER PROGRAMS PROJECT PERFORMANCE CERTIFICATION STANDARDS 12. The modified plastic and rock media trickling filter shall have a capacity of 3.7 MGD of the ADWF and 6.5 MGD of PWWF. The organic loading shall be 120 lb. BOD/1,000 cu ft/day, and the maximum hydraulic loading shall be 0.48 gpm/sq ft. 13. Upon completion and operation of said project, the project shall be capable of complying with Waste Discharge. Requirements at an average dry weather flow of 2.8 MGD, an average wet weather flow of 8~MGD, a peak instantaneous wet weather flow of 20 MGD, and a peak hourly wet weather flow of 15 MGD. 14. 15. After one year of operation, the Clty will submit a certification that the project meets, or fail to meet, performance standards. If the project cannot be affirmatively certified, the City must prepare a Corrective Action report which includes an analysis of the cause of the project's failure to meet the performance standards and estimate of the nature, scope and cost to complete the necessary corrective action. The cost of the corrective action will not be eligible for loan assistance. ~2rle~ ~ ~~ ~l~Q~2ager Authorized Representative, City of Ukiah Date P~0j ect No. C06-4102-110 Applicant's N~3ne City of Ukiah Page 10 Contract No. 4-808-550-0 Loan No. C-06-4102-110 CITY OF UKIAH EXHIBIT E FACILITIES PLAN APPROVAL LETTER See the Facilities Plan approval letter dated October 28, 1993, and January 20, 1994, respectively. (916) 227-4355 (916) 227-4349 FAX C'06 Module Section By_ - Tob~ Date ----__ OOT 2 8 1993 CERTIFIED MAIL NO. P 088 541 684 Return Receipt Requested Mr. Charles L. Rough City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Dear Mr. Rough: FACILITIES PLAN APPROVAL, CITY OF UKIAH, STATE REVOLVING FUND LOAN .NO. C-06-4102-110 In accordance with the State Water Resources Control Board's January 1993 Policy for Implementing the State Revolving Fund (SRF) for Construction of Wastewater Treatment Facilities (Policy), the Division of Clean Water Programs (Division) herewith approves the facilities plan for the subject project. Our approval is based on the following determinations: 1. A complete project report, Facilities Plan, Wastewater Treatment Plant Upgrade, City of Ukiah, May 1993, and Addendum No. i dated July 1993, has been submitted and it complies with Section VII. A. of the Policy. 2. The environmental documentation meets all of the environmental review requirements and the Division's Environmental Services Unit approved the documents on September 7, 1993. 3. A draft revenue program was approved by the Division on July 15, 1993. 4. A water conservation program was approved by the Division on September 30, 1993. PROJECT DESCRIPTION The Division has made the determination that the items listed below will be eligible for a SRF loan. Where applicable, eligible capacity will be adjusted at the time of approval to award the construction contract to account for any changes in the estimated date for initiation of construction. 1. The following items will be eligible for a SRF loan: A. Construction of an advance wastewater treatment (AWT) system to handle the average wet weather flow (AWWF) of 7 MGD; SURNAME Mr. Charles L. Rough -2- OCT ~ 8 1993 B. Construction of necessary ponds for the filter backwash and wash water; C. Construction of necessary.additions to the disinfection system and the dechlorination system to handle the AWWF; D. Construction of necessary additions to the secondary sedimentation system to handle the AWWF; E. Construction of necessary improvements to the bar screens to handle the peak wet weather flow (PWWF) of 18 MGD; F. Construction of necessary modifications to the effluent disposal system; G. Construction of necessary additions to the process control systems; H. Special equipment necessary to maintain the advanced treatment facilities, including one set of the manufacturer's list of spare part~; I. Demolition of existing structures necessary to provide space for new structures or equipment; J. Mitigation measures mandated by state and/or federal agencies; K. Reasonable and necessary landscaping within the confines of the project; L. Necessary insurance related to the construction contract; and M. Allowances for planning, design, construction, prime engineering, and administration. 2. The following items are not eligible for loans: Construction contingencies; B. Construction change orders and claims; C. Any items that duplicate facilities that were previously constructed with State or EPA Clean Water Grant funds; and D. Operation and maintenance costs and extended warranties for equipment and earthquake insurance costs. 3. The eligible design parameters are based on current population (Year 1993): 'Population 19,600 people ADWF 2.8 MGD AWWF. 7 MGD PWWF 18 MGD Influent BOD5 237 mg/1 Influent SS 267 mg/1 Mr. Charles L. Rough -4- OCT 2 8 1993 Enclosed is an application for the SRF loan. The application should be submitted at the same time as your first design submitta'l. CONDITIONS OF APPROVAL 1. This approval includes only that project described above and does not include any associated projects which may have been referred to in the Project Report. This approval does not guarantee that loan assistance will be awarded for this project. 2. A final adopted NPDES Permit and/or Waste Discharge Requirements must be submitted before the Division will review the final design plans and specifications. 3. This letter constitutes a Final Staff Decision. If the City-of Ukiah (City) is in agreement with above, please notify me immediately in writing. Once we receive your agreement in writing, we will request that the State Water~ Board make a loan commitment (based on the availability of funds) for the above project. If the City is not in agreement with this decision, then you should request a Final Division Decision within sixty (60) days from the date of this letter, as provided in the California Code of Regulations, Title 23, Division 4, Chapter 12, Article 7, Section 3655 (copy enclosed). Please send the request to: Mr. Harry M. Schueller, Chief Division of Clean Water Programs P.O. Box 944212 Sacramento, CA 94244-2120 If the City does not state its agreement in writing nor request a Final Division Decision within sixty (60) days, in accordance with Clean Water Grant Bulletin No. 124A, a Final Division Decision will be issued. The City will then have (30) days to appeal that decision to the State Water Board or it will become final and conclusive. Please contact Mr. Patrick Lam at (916) 227-4569 if you have any questions or comments. Sincerely, ORIG!NAL SIGNED BY Jim Putman, Chief Loans and Grants Branch Enclosures (2) (loan application & Sec. 3655) STATE WATER RESOURCES CONTROL BOARD DIVISION OF CLEAN WATER PROGRAMS 2014 T STREET, SUITE 130 P.O. BOX 944212 SACRAMENTO, CALIFORNIA 94244-2120 (916) 227-4569 (916) 227-4595 FAX JAN 2 0 1994 Mr. Charles L. Rough City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482- 5400 Dear Mr. Rough: FINAL DIVISION DECISION, FACILITIES PLAN APPROVAL, CITY OF UKIAH, STATE REVOLVING FUND LOAN NO. C-06-4102-110 This responds to your December 10, 1993, letter requesting a Final Division Decision on the Facilities Plan Approval. We have reviewed the justification submitted by the City and its consultant engineer, Kennedy/Jenks Consultants, and determined that capital improvements for upgrading treatment plant processes or plant expansion are loan eligible; however, routine maintenance items are ineligible. The following is a summary of our determination: Headworks Rehabilitation - The Facilities Plan described the headworks rehabilitation as either repair or maintenance work and was previously determined ineligible. Your letter dated December 14, 1993, provided additional information and showed headworks rehabilitation includes modification of the existing concrete channels to accommodate the new cross channel screen-grinders. This item is either fully or partially eligible. 1 Screening Improvements - We understand the existing barminutors are worn beyond repair and need to be rep laced. The proposal to install mechanical screens instead of replacing the barminutors is an acceptable alternative which may improve plant operations. This item is eligible. · Pump Modifications - Your letter dated December 14, 1993, mentioned that the existing variable speed drives are energy inefficient when compared to the proposed PLC controlled solid state adjustable frequency drives, and the proposed new drives will improve reliability and efficiency and will reduce operation attention and maintenance. We concur with the modification and this item is eligible. oo Mr. Char les L. Rough -2- JAN 2 0 I%,4 Preaeration Blower - Your letter indicated the existing blower is deteriorated and needs to be replaced and .an additional unit is needed as a backup and to improve plant operations. This item is eligible. Be Primary Sludge Pump Replacement - We understand that the existing primary sludge pumps have been in service for more than 15 years and have reached the end of their useful life and need to be replaced. This item is eligible. e Chlorine Gas Scrubbing and Liquid Bisulfite Installation - Your letter indicated that the existing chlorination system needs to be upgraded to meet current toxic material safety standards. This item is eligible. e Emergency Power Generator Fuel Storage Tank - We understand that the existing underground storage tank (UST) needs to be upgraded to meet federal and State UST requirements effective in 1998. This item is eligible. e Reclaimed Water System- Your letter showed that the expansion of the reclaimed water system involves only pipes and valves and the expansion is limited to the plant boundary. This item is eligible. 9. Solids Handling Improvements - Your letter indicated that the amount of septage received at the plant has increased roughly 300 percent in the last 10 years (from an average of 380,000 gal/year to 1,100,000 gal/year). The installation of an AWT system at the plant will also increase the sludge loading at the plant. We concur that necessary improvements to the solids handling system a'~e eligible. ~enta! cf dredge equipment and cleaning of the lagoon are considered maintenance items and are ineligible. Rental of equipment for dewatering the lagoon sluJge is considered an operating expense and is ineligible. The City has recently submitted 50 percent plans and specifications. My staff wil! be reviewing the design and will provide comments in the near future. ~ ~a~ions you will rece~e Afte. ~he review of the 100 percent plans and specifi~ ~ ~ , ' ti~e exact eligibility determination for each item and h'ill have an opportunitS te appeal eligibility decisions. ~f the ~City is in agreement with this decision, please so sta~e in '~riting a~ the earliest convenience. If the City is not in agreement with this decision, then it should petition for re¥iew by the State Water Board within thirty(30) days from the date of this letter as provided for in the California Code of Regulations, Title 23, Division 4, Chapter 12, Article 7, Section 3656 (copy enclosed). Please send the request to: Mr. William R. Attwater, Chief Counsel State Water Resources Control Board P.O. Box 100 Sacramento, CA 95801 Mr. Charles L Rough 3- JAN 2 0 1,~- If the City does not state its agreement in writing nor petition for review by the State Water Board within the thirty (30) days, then this decision will become final and conclusive and will not be subject to further appeal. If you have any questions, please call Mr. Jim Putman0 Principal Engineer, at (916) 227-4355. Sincerely, Harry M. Schueller, Chief Division of Clean Water Programs Enclosure CC: William Attwater Farouk Ismail PLam:~RTaylor d:~lam~ukiahfdd.fpa 01/13/94 Page 11 Contract No. 4-808-550-0 Loan No. C-06-4102-110 CITY OF UKIAH EXHIBIT F SRF LOAN REPAYMENT SCHEDULE See the attached Preliminary Loan Repayment Schedule dated September 13, 1994. The actual Repayment Schedule will be forwarded to the Agency after all disbursements have been paid. i:i:i:i:!:i:i:i:i:i:!:!:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:i:!!!i Z.:'Z-X'X.:-i.:.:.]-iX.!'Z.:.Z.:.X.:.X.R.: :7;i-:-X-Z-X-i-X.X-i-X-i.i-i-i-i-i-i.i-i-ii-i-X-i-:-i iiiili/illliillZlllZii/liilliilll i-i'i.i-i-i-l-i-i-i-i-i-l-i.7-1-11-! :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::: '":.:-:.:-:-:-x-:.:-:.:-:-:x :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ............... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::.:.:.:.:.:.:...-:.:.:.:.:.:..: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::: :':'i'i'i'i'?!'i'i'i?i'i'i?!'i'!'!'i'i'i?i'i'i'i'i:i: ::::::::::::::::::::::::::::::::::: ================================================================ :::::::::::::::::::::::::::::::::::: vl':':'i':':'l':'l':'i'l'i'l'l';':'l':':':':'l'l'l':';':'l'lll: l;illll:llllll;::;" __ 'i.:-i.:-;.X.i.X-i-X-i-X-i.i-X-i.i-i-i-i-i. Xi.X 1.1 ................ Xi"-i.i'i.X-i-i-i.X'i-i-i-i-i-i.i-i-i.K-i-X-:i ill ................ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: l/l.........v.v.v.v.v.v.. o .0 Page 12 Contract No. 4-808-550-0 Loan No. C-06-4102-110 CITY OF UKIAH EXHIBIT G LOAN CONTRACT STANDARD CONDITIONS ARTICLE 1. DEFINITIONS. (A) "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. (B) "Authorized Representative" means the Mayor of a City, the Chairperson of the County Board of Supervisors, the Chairperson of the Board of Directors of the Agency, or another duly appointed representative. If a duly appointed representative is used, a ori§inal copy of the authorizing resolution that designates the authorized representative, by title, must accompany any contract, the first payment request, and any other documents or requests required or allowed under this contract. (C) "Completion of construction" means the date, as determined by the Division after consultation with the Agency, that the work of building and erection of the Project is substantially complete. (D) "Dedicated source of revenue" means and includes special assessments, general taxes, general obligation bonds, revenue bonds, user charges, or other sources of income which are consistent with federal requirements. (E) "Force Account" means the use of the Agency's own employees or equipment for construction of the Project. (F) "Division" means the Division of Clean Water Programs of the State Water Resources Control Board, or any other segment of the State Water Board authorized to administer the State Revolving Fund. (G) "Initiation of construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. (H) "Official Representatives" (1) The State Water Board Loan Coordinator shall be the Division Chief of the Divi sion of Clean Water Programs. (2) The State Water Board Loan Coordinator shall be the State Water Board's representative for administration of the contract and shall have authority to make determinations and findings with respect to any controversy arising under or in connection with interpretation of the contract. Page 13 (3) The Agency Loan Representative shall be Charles L. Rough, Or., City Manager, or his designee, who shall administer the contract and who shal 1 have ful 1 authority to act on behalf of the Agency, including authority to execute disbursement requests. All communications given to the loan representative shall be as binding as if given to the Agency. (4) Either party may change its Official Representative upon written notice to the other party. (I) "Project completion" means the date, as determined by the Division after consultation with the Agency, that operation of the Project is initiated or is capable of being initiated, whichever comes fi rst. (J) "Revenue Program" means a system of charges, fees, or other means of income production adopted by the Agency which provides for recovery of appropriate capital costs of the Project, generates adequate income to reasonably assure repayment of loan funds under this contract, generates adequate income to provide for reasonable operation and maintenance of the Project, and provides adequate income for reasonable future expansion and improvement of the Project. ARTICLE 2. COMPLIANCE WITH LAW, REGULATIONS, ETC. (A) The Agency agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Agency agrees that, to the extent applicable, the Agency will: (1) Comply with, the provisions of the adopted environmental mitigation plan for the term of the loan contract. (2) Comply with, the State Water Resources Control Board's"Policy for Implementing the State Revolving Fund for Construction of Wastewater Treatment Facilities", August 18, 1988 (amended September 20, 1990); and January 21, 1993); and (3) ARTICLE 3. Comply with, and require its contractors and subcontractors on the Project to comply with federal and state minority and women-owned business enterprise (MBE/WBE) requirements. AWARD OF CONSTRUCTION CONTRACTS; NOTIFICATION OF AWARD AND INITIATION OF CONSTRUCTION. (A) The Agency agrees to award the prime construction contract within 90 days after issuance of the loan contract. An extension may be granted by the Division. (B) The Agency agrees to promptly notify the Division in writing both of the award of the prime construction contract for the Project and of initiation of construction of the Project. The Agency shall include with the notice of initiation of construction a statement as to the anticipated date of completion of construction of the Project. Page 14 ARTICLE 4. CONSTRUCTION ACTIVITIES; NOTIFICATIONS; PROTECTION OF ARCHEOLOGICAL AND HISTORICAL RESOURCES. (A) The Agency agrees to promptly noti fy the Division in writing of: (1) Any substantial change in scope of the Project. The Agency agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the Division and the Division has given written approval for such change; (2) Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of 30 days or more; (3) Any circumstance, combination of circumstances, or condition, which i s expected to or does delay completion of construction for a period of 90 days or more beyond the estimated date of completion of construction previously provided to the Division; (4) Discovery of any potential archeological or historical resource. Should a potential archeological or historical resource be discovered during construction of the Project, the Agency agrees that all work in the area of the find wi 11 cease until a qual i lied archeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Agency agrees to implement appropriate actions as directed by the Division; and (5) Completion of construction of the Project. ARTICLE 5. PROJECT ACCESS. (A) The Agency agrees to insure that the State Water Board, or any authorized representative thereof, will have suitable access to the Project site at all reasonable times during Project construction and thereafter for the useful life of the Project. ARTICLE 6. MBE/WBE REPORTING. (A) The Agency agrees to report MBE/WBE utilization to the Division on the MBE/WBE Utilization Report, SWRCB Form MBE/WBE UR334. Reports must be submitted to the Division within ten (10) calendar days following the end of each fiscal year quarter until such time as the "Notice of Completion" is issued. ARTICLE 7. PROJECT COMPLETION; INITIATION OF OPERATIONS. (A) Upon completion of construction of the Project, the Agency agrees to expeditiously initiate Project operations. At the time of completion of construction, the Di vi sion, after consultation with the Agency, will establish a reasonable estimated Project completion date, and the Agency agrees to make all reasonable efforts to meet the date so established. Such date shal 1 be binding upon the Agency unl ess modi lied in writing by the Division upon a showing of good cause by the Agency. Extension of the Project completion date by the Division shall not be unreasonably withheld. Page 15 ARTICLE 8. REVENUE PROGRAM. (A) The Agency agrees to prepare and provide an acceptable final Revenue Program to the Division at the time of 90 percent payout of loan funds. Further loan disbursements may be withheld until an acceptable final Revenue Program is submitted. The Agency further agrees to periodically review and modify the Revenue Program as necessary to assure reasonable adequacy of the Revenue Program. The final Revenue Program and all modifications thereof shall be consistent with applicable guidelines and shall be to the reasonable satisfaction of the Division. The Division may review the Agency's records to assure compliance with the approved Revenue Program at any time during the useful life of the Project. (B) The Agency agrees to establish and maintain a Wastewater Capital Reserve Fund (WCRF) for expansion, major repair, or replacement of the wastewater facilities and to maintain the WCRF for the term of the loan contract. Thereafter, disposition of the WCRF will be a local responsibility. Certification by legal counsel of unused bonding capability for the wastewater enterprise may be used to offset required cash deposits to the WCRF. ARTICLE 9. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PRO2ECT. (A) The Agency agrees that it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Di vi sion, incl udi ng a condition requi ring repayment of al 1 or any portion of all remaining loan funds covered by this contract together with accrued interest and any penalty assessments which may be due. ARTICLE 10. REPORTS. (A) The Agency agrees to expeditiously provide, during construction of the Project and thereafter during the useful life of the Project, such reports, data, and information as may be reasonably requi red by the Divi sion, incl udi ng but not limited to material necessary or appropriate for evaluation of the State Revolving Fund Loan Program or to fulfil 1 any reporting requirements of the federal government. ARTICLE 11. LOAN DISBURSEMENTS; AVAILABILITY OF FUNDS. (A) Except as may be otherwise provided in this contract, loan amounts will be disbursed as follows: (1) Upon execution and return of this loan contract, the Agency may request immedi ate disbursement of any pl anning and design al 1 owance i ncl uded i n the loan amount through submission of Disbursement Request Form 260, or any amendment thereto, duly completed and executed. The planning and design allowance amount due up to the allowance, will be disbursed promptly upon request after approval of this contract by the State Department of General Services; (2) Additional loan funds will be promptly disbursed to the Agency on account of disbursement costs incurred by the Agency upon receipt of Disbursement Request Form 260, or any amendment thereto, duly completed and executed. Pursuant to 40 CFR 35.3160(b), loan funds for refinanced Page 16 project costs (costs other than allowances incurred prior to the execution of the loan contract) or purchase of local debt must be disbursed at a rate no greater than equal amounts spread over the minimum number of quarters required by 40 CFR 35.3155(c). Disbursement shall not be made more frequently than one a month. The Agency agrees that it will not request disbursement for any Project cost until such cost has been incurred and is due and payable to Project contractors, although it is agreed that actual disbursement of such cost by the Agency is not required as a condition of disbursement request. If required by the Division, the Agency agrees to provide a certification with each disbursement request that costs shown in the disbursement request have been incurred and are due and payable at the time of the request and that the funds received will all be paid to the contractors and vendors within thirty (30) days from receipt of the funds; and (3) Notwithstanding any other provision of this contract, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations. (B) The State Water Board's obligation to disburse any sum to the Agency under any provi sion of this contract i s contingent upon the avai 1 abi 1 i ty of suffi ci ent funds to permit the disbursements provided for herein. In the event that sufficient funds do not become available for reasons beyond the reasonable control of the State Water Board, such as failure of the federal or state government to appropriate funds necessary for disbursement of loan amounts, the State Water Board shall not be obligated to make any disbursements to the Agency under this contract. This provision shall be construed as a condition precedent to the obligation of the State Water Board to many any disbursements under this contract. Nothing in this contract shall be construed to provide the Agency with a right of priority for disbursement over any other agency. If any disbursements which are otherwise due to the Agency under this contract are deferred because of unavai 1 ability of sufficient funds, such disbursements wil 1 promptly be made to the Agency when sufficient funds do become avai 1 able. ARTICLE 12. WITHHOLDING OF LOAN DISBURSEMENTS. (A) The Division may withhold all or any portion of the loan funds provided for by this contract in the event that: (1) The Agency has materi al ly viol ated, or threatens to materi al ly vi ol ate, any term, provision, condition, or commitment of this contract; (2) The Agency fails to maintain reasonable progress toward completion of the. Project; or (3) An acceptable Revenue Program is not submitted at the time of 90 percent payout of loan funds. ARTICLE 13. RECORDS. (A) Without limitation of the requirement to maintain Project accounts in accordance with generally accepted government accounting standards, the Agency agrees to: Page 17 (1) Establish an official file for the Project which shal 1 adequately document al 1 significant actions relative to the Project; (2) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all loan funds received under this contract; (3) Establ i sh separate accounts which wil 1 adequately depict al 1 income received whi ch i s attri butabl e to the Project, speci fi cal 1 y i ncl udi ng any income attributable to loan funds disbursed under this contract; (4) Establ i sh an accounting system which wi 11 accurately depi ct final total costs of the Project, including both direct and indirect costs; (5) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and (6) If Force Account is used by the Agency for any phase of the Project, other than for planning, design and construction engineering, and admi ni stration provided for by al 1 owance, accounts wi 11 be establ i shed which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. Indirect force account costs may be paid with prior written approval by the Division of the Agency' s indirect cost proposal. (B) The Agency agrees to require Project contractors and subcontractors to maintain books, records, and other material relative to the Project in accordance with generally accepted accounting standards, and to require such contractors and subcontractors to retain such books, records, and other material for a minimum of three years after Project completion. The Agency further agrees to require that such books, records, and other material shall be subject at all reasonable times to inspection, copying, and audit by the State Water Board and by the U.S. Environmental Protection Agency, or any authorized representatives thereof. (C) The Agency agrees to retain its Project records for a minimum of three years after Project completion, and for such longer period as may be required for the State to fulfill federal reporting requirements under federal tax statutes and regulations. All Agency records relative to the Project shall be subject at all reasonable times to inspection, copying and audit by the State Water Board and the U.S. Environmental Protection Agency, or any authorized representatives thereof. ARTICLE 14. FINAL PROJECTS REPORTS; AUDIT. (A) Within 90 days after Project completion, the Agency agrees to submit to the Division a final Project summary report which briefly describes the Project as completed, its features, estimated capacity, and apparent treatment capability. The report shall note any unusual operational problems that have been encountered and shall indicate whether the Agency expects to be able to certify that the Project meets applicable design specifications and effluent limitations one year after Project completion. Page 18 (B) Within 120 days after Project completion, the Agency agrees to provide to the Division a final cost summary report on the Project. The summary shall include at a minimum, a statement of: (1) Total Project costs; (2) Total Project costs which are eligible for loan funding under the State Water Board's loan program and this contract; (3) The total amount of loan funds received; and (4) The amount of interest earned, if. any, on loan funds before disbursement on account of incurred Project costs. If no interest has been earned, this fact shall be expressly stated. (5) The report shall be accompanied by such other financial information as may be reasonably required by the Division to verify Agency entitl'ement to loan funds, to assure program integrity of the State Revolving Fund Loan Program, and to comply with any federal requirements. The report shall be certified as correct by a duly authorized representative of the Agency. (C) The Division, at its option, may call for an audit of financial information relative to the Project, where the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a Certified Public Accountant independent of the Agency and at the cost of the Agency. The audit shall be in the form required by the Di vi si on. ARTICLE 15. REPAYMENT; PENALTIES; AGENCY OBLIGATION. (A) The loan amount, together with all interest accruing thereon, shall be repaid in full not later than 20 years after the completion of construction. Repayment shall be made in 20 annual installments, with the first repayment due one year after the completion of construction, with annual repayment installments due thereafter until the loan amount and all accrued interest has been paid in full. The repayment amount is based on a standard fully amortized loan with equal annual repayments. The remaining balance is the previous balance, plus the disbursements, plus the accrued interest on both, less the repayment. Repayment cal cul ations wi 11 be made beginning one year after completion of construction and continuing each year thereafter for 20 years. Exhibit F is a preliminary repayment schedule based on the provisions of this article and an estimated disbursement schedule. The actual repayments will be based on actual disbursements. (B) Upon completion of construction of the Project and submission and necessary reports, the Division will prepare an appropriate Loan Repayment Schedule and supply the same to the Agency. The Loan Repayment Schedule may be amended as necessary to accurately reflect amounts due under this contract. Any amended Loan Repayment Schedule which is necessary will be prepared by the Division and furnished to the Agency. Page 19 (C) The Agency agrees to make each loan repayment on or before the due date therefor. A ten-day grace period will be allowed. A penalty in the amount of one-tenth of one percent (0.1~) of the amount due will be due for each day of nonpayment. For purposes of penalty assessment, repayment will be deemed to have been made if repayment is deposited in the U.S. Mail within the grace period with postage prepaid and properly addressed. Any penalties assessed will not be added to the loan balance, but will be treated as a separate account and obligation of the Agency. The interest penalty will be assessed from the repayment due date. (D) The Agency as a whole is obligated to make all payments required by this contract to the State Water Board, notwi, thstanding any individual default by its constituents or others in the payment to the Agency of taxes, assessments, tolls, or other charges levied by the Agency. The Agency shall provide for the punctual payment to the State Water Board of all amounts which become due under this contract and which are received from constituents or others in the payment to the Agency. In the event of failure, neglect or refusal of any officer of the Agency to levy or cause to be levied any tax or assessment necessary to provide payment by the Agency under this contract, to enforce or to collect such tax or assessment, or to pay over to the State Water Board any money collected on the tax or assessment necessary to satisfy any amount due under this contract, the State Water Board may take such action in a court of competent jurisdiction as it deems necessary to compel the performance of all duties relating to the levying and collection of the taxes or assessments and the payment of the money collected therefrom to the State Water Board. Action taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any other remedy provided by law or by this contract. ARTICLE 16. TERMINATION; IMMEDIATE REPAYMENT; INTEREST. (A) This contract may be terminated by written notice during construction of the Project, or thereafter at any time prior to complete repayment by the Agency, at the option of the State Water Board, upon violation by the Agency of any material provision of this loan contract after such violation has been called to the attention of the Agency and after failure of the Agency to bring itself into compliance with the provisions of this contract within a reasonable time as established by the Division. (B) . In the event of such termination, the Agency agrees, upon demand, to immediately repay to the State Water Board an amount equal to the current balance due on the loan, including accrued interest, and all penalty assessments due. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Agency to the date of full repayment by the Agency. ARTICLE 17. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS. (A) In the event that any breach of any of the provisions of this contract by the Agency shall result in the loss of tax exempt status for any State bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, the Agency shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. Page' 20 ARTICLE 18. DISPUTES. (A) Any dispute arising under this contract which is not otherwise disposed of by agreement shal 1 be decided by the Division Chief, or his authorized representative. The decision shall be reduced to writing and a copy thereof furnished to the Agency and to the State Water Board's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Agency, the Agency mails or otherwise furnishes a written appeal of the decision to the State Water Board's Executive Director. The decision of the State Water Board' s Executive Director shal 1 be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Agency shall be afforded an opportunity to be 'heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Agency shall continue to fulfil 1 and comply with all the terms, provisions, commitments, and requirements of this loan contract. (B) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, or any question on law. ARTICLE 19. STATE WATER BOARD ACTION; COSTS AND A1-FORNEY FEES. (A) The Agency agrees that any remedy provided in this contract is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this contract by the Agency, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this contract by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this contract, it is agreed that the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. ARTICLE 20. WAIVER. (A) The parties hereto may, from time to time, waive any rights under this contract unless such waiver is contrary to 1 aw, provided that any such waiver must be in writing and must be signed by the party making such waiver. ARTICLE 21. DRUG-FREE WORKPLACE CERTIFICATION. (A) By signing this contract, the contractor or grantee hereby certifies under penalty or perjury under the laws of the State of California that the contractor or grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: (1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against Page 21 employees for violations, as required by Government Code Section 8355(a). (2) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: a. the dangers of drug abuse in the workplace; b. the person's or organization's policy of maintaining a drug-free workplace; c. any available counseling, rehabilitation and employee assistance programs; and, d. penalties that may be imposed upon employees for drug abuse violations. (3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: a. will receive a copy of the company's drug-free policy statement; and, b. will agree to abide by the terms of the company's statement as a condition of employment on the contract. (B) Fail ure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor or grantee may be ineligible for award of any future state contracts if the department determines that any of the following has occurred: (1) the contractor or grantee has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. ARTICLE 22. PREVAILING WAGES. (A) The Agency agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages. The Agency shall monitor all contracts subject to reimbursement from this loan contract to assure that the prevailing wage provisions of State Labor Code Section 1771 are being met. ARTICLE 23. NONDISCRIMINATION CLAUSE. (A) During the performance of this agreement, the Agency and its subcontractors shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, color, ancestry, religious creed, national origin, physical disability, (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. The Agency and its subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The Agency and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the appl i cable regul ati ons promul gated thereunder (Cal i forni a Admi ni strati ve Code, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. The Agency and its subcontractors Page 22 (B) shal 1 give written notice of their obligations under this clause to 1 abor organizations with which they have a collective .bargaining or other agreement. The Agency shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. (C) By signing this agreement, the Agency hereby certi lies, unless speci fical ly exempted, compliance with Government Code Section 12990(a-f) and California Code of Regulations, Title 2, Division 4, Chapter 5 in matters relating to reporting requirements and the development, implementation and maintenance of a Nondiscrimination Program. The Agency agrees not to unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, 'ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care 1 eave. (D) By executing this agreement, the signer of this agreement on behalf of Agency swears under penalty of perjury under the laws of the State of California that 'he/she is duly authorized to legally bind the Agency to the above-described certi fi cati on. ARTICLE 24. AMENDMENT. (A) This contract may be amended at any time by mutual written agreement of the parties. AGENDA SUMMARY ITEM NO. 6h DATE: September 21, 1994 REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING LEASE AGREEMENT, SIGNATORIES, AND NOTICE OF INTENT TO BE REIMBURSED The 1994-95 fiscal year budget includes the financing of variods new equipment purchases. A proposal for lease financing from WestAmerica Bank and Municipal Leasing Associates, with very competitive rates, has been reviewed by the Finance Department staff. The following is a list of the equipment to be financed as approved within the current year's budget. PROPOSED DEBT INTEREST RATE ANNUAL PAYMENTS Fire Engine #5 6.15% $61,003 Street Equipment 6.30% $41,704 Purchasing Improvements 6.20% $13,536 Parks Garbage Truck 6.20% $ 7,950 Attached is a resolution for your consideration to authorize a lease agreement with Municipal Leasing Associates. Staff recommends your approval of this resolution. RECOMMENDED ACTION: City Council approve resolution authorizing Lease Agreement, Signatories, and Notice of Intent to be Reimbursed ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not approve resolution. 2. Suggest alternative financing. Acct. No. (if NOT budgeted)- N/A Acct. No.- 100.2101.300.003 Appropriation Requested- N/A 100.3110.255.000 Citizen Advised: 696.1390.710.000 Requested by: 100.6001.255.000 Prepared by' Carolynn Thomas, Interim Director of Finance Coordinated With- Charles L. Rough, Jr., ~City Manager Attachments: 1. Resolution. 2. Summary of Proposals APPROVED: R: 4/Fin :ASRLease. 1 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. 95- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING LEASE AGREEMENT, SIGNATORIES, AND NOTICE OF INTENT TO BE REIMBURSED WHEREAS, City of Ukiah, County of Mendocino, State of California, ("City") is duly authorized and existing under the laws of said State; and WHEREAS, the City has entered or will enter into agreements for the acquisition of miscellaneous equipment ("Properly") all in accordance with applicable public contract codes; and WHEREAS, the governing body has determined it is in the best Interests of the City and the citizens it serves to secure lease-purchase financing to provide moneys in the approximate amount of $544,500.00 necessary to pay for the Property; and WHEREAS, Municipal Leasing Associates, Inc. ("Corporation") has offered the City a cost effective lease-financing arrangement requiring periodic rental payments including principal plus interest computed at a 6.30% annual percentage rate; and NOW, THEREFORE, BE IT RESOLVED that the City Manager acting alone be hereby aUthorized in the name and on behalf of City to enter into binding agreements with the Corporation for leasing the Praperty upon such terms as may seem advisable to said officer, and to execute, as agent for the City, all necessary agreements including, but not limited to, a lease/option agreement, purchase (agency) agreement, investment agency agreement, custodial agreement, acknowledgment of assignment and acceptance certificate. The City Manager is also authorized to accept or direct delivery of the Property. The authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder performed prior to the passage of this resolution are hereby ratified and affirmed. BE IT FURTHER RESOLVED that the City of Uklah declares its official intent to be reimbursed from the proceeds of the lease/option agreement approved hereby for a maximum princiPal amount of $544,500.00 of expenditures occurring no earlier than sixty 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 days prior to the adoption of this resolution. All reimbursed expenditures will be capital expenditures as defined in Section 1.150-1(b) of the Federal Income Tax Regulations. BE IT FURTHER RESOLVED that this approved lease financing be designated as a qualified tax exempt obligation pursuant to Section 265(b) of the Internal Revenue Code of 1986 (as amended) and the authorized officer be directed to execute the "Designation of Qualification" document. vote: AYES: NOES: ABSENT: PASSED AND ADOPTED this 21st day of September, 1994, by the following roll call Al-rEST: Cathy McKay, City Clerk R:4/Res Lease. 1 Fred Schneiter, Mayor EQUPLEAS.XLS PROPOSALS TO CITY OF UKIAH LEASE FINANCING FOR VARIOUS EQUIPMENT SEPTEMBER 21, 1994 MUNICIPAL LEASING ASSOCIATES, INC PROPOSED DEBT EQUIP INTEREST LEASE 94-95 ANNUAL TOTAL COSTS RATE TERM BUDGET PYMTS PYMTS Fire Engine//5 Street Equipment Purchasing Improvements Parks Garbage Truck 220,000 6.15% 4 yrs. 240,500 6.30% 7 yrs. 59,000 6.20% 5 yrs 35,000 6.20% 5 yrs TOTAL COSTS 554,500 62,680 61,003 244,012 44,047 41,704 291,928 14,010 13,536 67,680 8,206 7,950 39,750 128,943 124,193 643,370 UNITED FINANCIAL OF ILLINOIS, INC, PROPOSED DEBT EQUIP INTEREST LEASE 94-95 ANNUAL TOTAL COSTS RATE TERM BUDGET PYMTS PYMTS Fire Engine//5 Street Equipment Purchasing Improvements Parks Garbage Truck 220,000 6.10% 4 yrs. 240,500 6.25% 7 yrs. 59,000 6.15% 5 yrs 35,000 6.15% 5 yrs Plus: Application Fee TOTAL COSTS 554,500 62,680 60,954 243,816 44,047 41,644 291,508 14,010 13,522 67,610 8,206 7,942 39,710 5,400 5,400 128,943 129,462 648,044 Page 1 ITEM NO. 6 ~ DATE: SEPTEMBER 21, 1994 AGENDA SUMMARY REPORT SUBJECT: RECEIVE REPORT REGARDING ACQUISITION OF SERVICE PURSUANT TO UKIAH CITY CODE FOR LANDFILL GAS MONITORING WELLS SUMMARY In compliance with the Special Procedures/Purchasing Authority, Article 3, Chapter 6 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of contractual services which will be funded with funds within the Solid Waste Disposal Site Improvement Fund (660-7301-250-009). Pursuant to the above mentioned Code, the City Manager authorized Staff to obtain the services of EBA Wastechnologies, Inc. to perform the drilling and construction of four additional gas wells along the south boundary line of the landfill as described in the City's Gas Monitoring Plan dated August, 1994. In addition, EBA Wastechnologies has been authorized to develop a work plan describing the extent of the gas migration problem and possible remediation measures. The estimated, not to exceed cost to drill these gas wells and develop a work plan for remediation is $70,000. Refer to the attached memorandum to the City Manager, dated September 12, 1994, describing the events leading up to the necessity to construct these wells in the most expeditious manner possible. RECOMMENDED ACTION: None. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS' None. Acct. No. (if NOT budgeted):N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Charles L. Rough, Jr., City Manager Prepared by: Sue A. Goodrick, Public Works Administrator 463-6286 Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: Acct. No.' 660.7301.250.009 . Memorandum to City Manager Dated September 12, 1994 Memorandum to City Manager Dated August 30, 1994 Letter from LEA Dated August 30, 1994 APPROVED: R: I ',LANDFILL:kk AWELLS.GAS DATE: TO: FROM: SUBJECT: MEMORANDUM September 12, 1994 Chuck Rough City Manager Sue Goodrick ~ ~ Public Works Administrator LANDFILL GAS MIGRATION MONITORING RESULTS As you are aware, on August 9, 1994 gas migration monitoring for the newly installed monitoring wells, GAS-4, located on the landfill buffer zone just east of the property line ("Gun Club" property) was conducted. The results indicated we are experiencing a gas migration that exceeds maximum limits within the depths monitored by the deepest of three probes. The percent of methane by volume was measured at 17%. Rick Kennedy, Director of Public Works, recommended that before a gas collection system be installed, or additional gas monitoring wells installed within the "Gun Club" property, we proceed with the drilling of four additional gas wells along the south boundary line of the landfill (as identified in the previously approved Gas Monitoring Plan) to determine the ext~nt of the gas migration. His recommendation was approved by the California Integrated Waste Management Board and the Local Enforcement Agency urging the City to "proceed with diligence" in the completion of the drilling of four gas wells. On September 1, 1994, you authorized the Director of Public Works to amend the City's Agreement with EBA Wastechnologies to immediately expedite the drilling of the additional gas monitoring wells. The Amendment also included the development of a work plan describing the extent of the gas migration problem and possible remediation measures. The cost to drill these additional gas wells and develop a work plan for remediation is $70,000. Staff anticipates the results of the drilling of the four gas wells and the preliminary results of the first monitoring shall be completed by September 30, 1994. Although Staff is hopeful that the results will indicate that the gas migration exceeding maximum limits is limited to one area only, remediation will be required. The cost and extent of remediation is unknown at this time. Staff will keep you informed of the results of the drilling of the four gas wells. M.E,M.O.R.A.N.D.U'.M DATE: TO: August 30, 1994 Charles L. Rough, Jr., City Manager FROM: Rick H. Kennedy, Director of Public Works/City Engineer RE: CONTRACTUAL SERVICES PURSUANT TO SPECIAL PROCEDURES/PURCHASING AUTHORITY, ARTICLE 3, CHAPTER 6, MUNICIPAL CODE As we have discussed, the lateral migration of landfill gas exceeding maximum allowed has been detected at the recently constructed gas monitoring Well No. 4 which is located on the landfill buffer zone just east of the property line between the landfill and Assessor Parcel Number 178-200-005. I have just received written confirmation from the Local Enforcement Agency (LEA) that it is n~essary that the extent of the gas migration along the southerly line of the landfill be determined 'in the most expeditious manner. The LEA also informs us that the City has 60 days from the date of detection (date of report is August 18, 1994) to submit into the operating record a vqork plan that describes the extent of the problem and how it will be remediated. In order t° meet this deadline we must proceed with the acquisition of consulting services to perform the drilling and gas well construction (Wells 1, 2, 3 and 5) and the work plan under the special procedure of the purchasing codes, Article 3, Chapter 6, Municipal Code. I will be submitting to yo,,tomorrow for your approval, a proposed amendment to EBA's current agreement to perform this work. R:I~NV MROUGH.7 UKI/(H OFFICE NO~TH ~tj~H STREET UKIAII, GA e64u2 {7071483-4400 FORT BRAGG OFFICE 120 WE.ST FIR ~TREI~T Four u~^uG, [;~ 96437 1707) ge4.47 la COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH Rick Kennedy Director of Public Works City of Ukiah 300 Seminary Ave. Ukiah, Ca, 95482 August 30, 1994 Dear Rick Kennedy, RE: Landfill gas migration results · Thank you for the written report of initial gas monitoring lab data generated by the installation of GAS-4. As you know, lateral gas migration of the seventeen percent (17%) indicated at the landfill boundary remains a violation of California Code of Regulations, Title 14, S17258.23. AS LEA,>.we will need to verify'by your operating record that; '. Within seVen .days of gas deteotlon, the opera'or placed in the record 'a summary, of all steps taken to protect human health, dlsclosure of the methane gas levels detected, and evidence that the CIWMB was notified. ~Wi%h~~i'~L~d'~yS~O f?detection~a'/-Wb~plan~th 't~desor ibes~Ehe ~xtent-°f-t~r'p~6blem a~d"'hoW'-'it--Will~' be remediated'has"be~n .!}mplemented and placed in the operating record.'? With these new gas testing results, the LEA urges you to proceed with diligence in the completion of the gas monitoring plan (drilling of gas wells 1, 2, 3, 5) to determine the extent of the gas migration, as approved by CIWMB Closure Branch in August, 1994. If you have any further concerns, please feel free to contact Candi Zizek at 468-3429. Sincerely, ,, Gerald F. Davis 'i Director of Environmental Health '% cc: CIWMB/SUe Markie/Bob Anderson I0'2 ~00'0N ~0:17I ~6,IS 9N~ 8SOB-SgB-202.qT ITEM NO. 8a DATE: SEPTEMBER 21, 1994 AGENDA SUMMARY REPORT SUBJECT: PUBLIC HEARING TO RECEIVE COMMENT ON PROPOSED CHANGE BY CALTRANS TO REDUCE SPEED ZONE ON TALMAGE ROAD ADJACENT TO 101 OVERCROSSING FROM 40 M.P.H. TO 35 M.P.H. BACKGROUND In response to both City staff, and citizen concerns regarding the available sight distance and posted speed zone along the Talmage/101 overcrossing at the recently realigned south bound off- ramp, City Engineering Staff conducted a study of existing conditions. It was Staffs opinion that given the safe stopping sight distance along Talmage Road which is based on the length of the vertical curve, a design speed of 35 m.p.h, was appropriate. The current speed zone for west bound traffic at the overpass is 40 m.p.h. On behalf of the City Manager and the Traffic Engineering Committee, Staff submitted a letter of request to Caltrans seeking a speed zone reduction along Talmage to 35 m.p.h, or the posting of a recommended speed reduction at the Talmage Road and 101 overcrossing. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Take public comment on the Department of Transportation's proposed reduction of the existing 40 m.p.h, speed limit to 35 m.p.h, speed limit on Talmage Road (Route 222) from South State Street to 264 feet east of Hastings Frontage Road. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted):N/A Acct. No.: Appropriation Requested: N/A (If Budgeted) Citizen Advised: Requested by: Rick H. Kennedy, Director of Public Works/City Engineer Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Correspondence dated June 13, June 22, and August 9, 1994. R:l'd~V:kk ATALMAGE Public Hearing to Receive Comment on Proposed Change by Caltrans to Reduce Speed Zone on Talmage Road Adjacent to 101 Overcrossing from 40 M.P.H. to 35 M.P.H. September 7, 1994 Page 2 Subsequent to the City's request, Caltrans completed an Engineering and Traffic Survey on Talmage Road (Route 222) between post mile L0.00 (South State) to Post Mile 2.20 (near Community of Talmage). Based on their survey, Caltrans proposes to lower the existing 40 m.p.h, speed zone from South State Street to 264 feet east of Hastings Frontage Road to 35 m.p.h. Caltrans also sought the support of the City's Police Department and Chief Keplinger indicated his Department's support on August 15, 1994. This Public Hearing is being conducted Pursuant to Section 22354.5 of the California Vehicle Code. The Department of Transportation shall take into consideration the results of the Public Hearing in their final determination. RItK:kk R: I'O~V ATALMAGE SI'AIE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY 'DEPARTMENT OF TRANSPORTATION PETE WILSON, Governc~,' DISTRICT 1, P.O. BOX 3700 EUREKA, CA 95502-3700 TDD PHONE 707/445-6463 . (707) 445-6376 August 9, 1994 1-Men-222-L0.00/2.20 Talmage Speed Zone Mr. Rick H. Kennedy Director of Public Works/city Engineer City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Kennedy: We have completed an Engineering and Traffic Survey on Route 222 in Mendocino County between Post Mile L0.00 and Post Mile 2.20 in and near the City of Ukiah. As a result of this survey, we are proposing to lower the existing 40 mph speed zone from Post Mile L0.00 (South State Street) to Post Mile R0.24 (264 feet east of Hastings Frontage Road) to 35 mph. No change is proposed from Post Mile R0.24 to Post Mile 2.20. Pursuant to the provisions of Section 22354.5 of the Vehicle Code (AB 289), the city Council may conduct a public hearing on the proposed change. Would you please put the pro- posed speed zone change on the Council's agenda so that we may consider their determination in our decision. Should you have any questions, please contact me at the number listed above. Very truly yours, MARK L. SUCHANEK Traffic Safety Branch STATE OF CAlIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY 'DEPARTMENT OF TRANSPORTATION DISTRICT I, P.O. BOX 3700 EUREKA, CA' 9,S50'2-3700 TDD PHONE 707/44.*~,463 (707) 445-6376 PETE WILSON, C,o~.,mor LJ" , August 9, 1994 1-Men-222-LO.'00/2.20 Talmage Speed Zone Mr. Fred Keplinger Ukiah Chief of Police 300 Seminary Avenue Ukiah, CA 95482 pear Mr. Keplinger: We have completed an Engineering and Traffic Survey on Route 222, %n Mendocino County between Post Mile LO.O? and Post Mile 2.20 in and near the City of Ukiah, to comply with Section 4080 2 of the Vehicle Code for use of Radar Speed Enforcement. As a result of this survey, we are proposing to lower the' existing 40 mph speed zone from Post Mile L0.00 (South State Street) to Post Mile R0.24 (264 feet east of Hastings Frontage Road) ~o 35 mph. No change is proposed from Post Mile R0..24 to ' Post Mile 2.20. If you concur with this proposal, please sign at the bottom of this letter and return it to our District Office in Eureka. Should you anticipate any enforcement problem, or have any questions or suggestions, please contact me at the above number. Very truly yours, .. MARK L. SUCHANEK · Traffic Safety & PS&E Branch I concur with .the above-stated proposal Fred Keplinger , Date Ukiah City Police Depa .fATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 1, P.O. BOX 3700 EUREKA, CA 95502-3700 TDD PHONE 707/445-6463 (707) 445-e37e 'June 22, 1994 i-Men-222-0.00/2.20 Talmage Road Mr. Rick H. Kennedy Director of Public Works/City Engineer City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Dear Mr. Kennedy: .. We received you June 13, 1994 letter requesting a speed zone change or posting a recommended speed for Talmage Road/101 overcrossing. We are reviewing the information you sent with your request and will schedule an Engineering and Traffic Study to determine if a lower speed limit is justified. Please contact me if you have any further questions or comments. Very truly yours, MARK L. SUCHANEK, Chief Traffic Safety Branch 300 VE., UKI,~,H, CA 95482-5400 · ADMIN. 707/463-6200 · PUI3UC S,~CETY 463-6242/6274 · FAX 1~ 707/463-6204 June 13, 1994 Mr. Mark Sechanek Traffic Safety Branch Chief DEPARTMENT OF TRANSPORTATION Post Office Box 3700 Eureka, California 95502 .: REQUEST FOR SPEED ZONE CHANGE OR POSTING OF RECOMMENDED SPEED FOR TALMAGE ROAD/101 OVERCROSSING. CITY OF UKIAH/COUNTY OF MENDOCINO Dear Mr. Sechanek: On behalf of the City's Traffic Engineering Committee, I am forwarding their request for either a speed zone change or the posting of a recommended speed at the Talmage Road/101 overcrossing. In response to citizens concerns regarding the available sight distance and posted speed zone along the Talmage/101 overcrossing at the recently realigned south bound Talmage off-ramp, the City's Engineering Staff conducted a study of existing conditions. We believe our findings indicate that the safe stopping sight distance along Taimage given the length of the vertical curve is approximately 266 feet. A 35 MPH design speed is appropriate for this stopping sight distance. The current speed zone for west bound traffic at the overpass is 40 MPH. Enclosed are Staff's calculations for your review. Your consideration of this request is appreciated. Director of Public Works/City Engineer ,/ cc: Charles L. Rough, Jr. City Manager Steve Turner, Chairman Traffic Engineering Committee Bob Sawyer Director of Planning I.~ECHANEK Are Here To Serve~ ITEM NO, 9a DATE: September 21~ 1994 AGENDA SUMMARY REPORT SUBJECT: Nomination and Appointment of Planning Commissioner by Resolution to Fill the Unexpired Term of Cindee Mayfield This vacancy was advertised from August 8 through September 14, 1994 with no new applications received by the City Clerk. Previous applicants Judy Pruden, Victoria Shipley and Marion (Al) Pierce, who are on file, have indicated they wish to be re-considered by Council for this vacancy at this time. Victoria Shipley expressed her regrets to Council that she is unable to attend an interview by Council prior to the September 21, 1994 meeting, and therefore no special meeting for interviews has been scheduled. The applications on file have been resubmitted to Council for information. RECOMMENDED ACTION: 1. Nomination by Mayor with approval by Council 2. Adoption of Resolution making appointment ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A ~ Requested by: Council '~'~ Prepared by: Cathy McKay CMC/AAE, City Clerk Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. On file Planning Commission applications received from Judy Pruden, %ictoria Shipley and Marion Pierce. 2. Resolution Date CTTY OF uxI APPLICATION FOR PLANNING I am applying for an appointment to the City of Ukiah's Planning Commission. 1. Name '%~D~/ 3. Business Address .g~~ Bus. Phone 4. Employer ,~/ Job Title /~.~/OF~'/ Employed Since 5. How long have you resided in Ukiah?/~ years; Mendocino County /$ years 6. Please list community groups or organizations you are affiliated with and indicate any offices held/74~¢~'0, f'Oi/fT/7_l Please answer ~e following ~estions on separate sheets of paper attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will. be beneficial to the work of the P&anning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on June 8, 1994. ......................... ~ i .Uz-' r ~ c,S ~ ....... ___T. .__ ~_ . o_ u_ I d_ b.~ ..~___~._o ..... ~_o_~_ o .r_4__ ~__ __ . .~_'_~.__ _ IP_ ro_z es___~ ........................... ii-L__;...._~_.~ei Z cz'O_~id be pemiss il s cildn'~ · .......... ,. o__o'_._? e ~o __ ( ................. z_..vz,,n._u~z/..~..~zm,_:~,e,__~ ¥,h_e.. ti.z::_ z~.~ _o.d_~'/_"~o,'z~,_pr_o - ................... I~-~*~-~-...-.:--. -:-~._ _ _ . ..... ~:~ .. ......................... ".~__.__cL.~._OSL.ZI._~e~ :e~v~._ .~..._.~., ~ ~ mo~T ot?~w ......................... i ...................................... .! .ou~. .... ~x ..... __b_.~za~ ~._¢p~n_Ken ~__._~ o~v__ so/es .... q~. ..... ~e vc.~_u~._r .... (~__._~ho~l~ ~ho_ .... p.Z,,._~_~._ ~~ ..... APPLICATION FOR PLANNING COMMi§'~6N~ ~ I am applying for an appointment to the City of Uk~,\ah,~i~a~nlng Commission 2. Residence Address_ &DS ~'~,gPP~ ~,~;' ~ Res. Phone 3. Business Address ~.~, ~ ~ /~x/z>o~,x~ ~ _~_~ Bus. Phone 4. Employer~o ~~> ~~3_~_~ Job Title Employed Sincerer__ 5. How long have you resided in Ukiah? ~ years; Mendocino County.. /~ years 6. Please list community groups or organizations and indicate any offices held~~ you are affiliated with Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose role and responsibility of < the Planning Commission? ' 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the P~anning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth if any should the City encourage? , , 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Nco?~- on June 8, 1994. Victoria Shipley 603 Capps Lane Ukiah, CA 95482 PLANNING COMMISSION SUPPLEMENTAL QUESTIONNAIRE 7. I am applying for the Planning Commission because I feel the position is extremely important in deciding the lor~g range plans for the development of both the city and tile eh'tire val Icy. Decisions and recommendations of the Planning Commission affect the quail ty of life we all enjoy in our community. ,~. My understanding of the purpose, role, and responsibility of the commission is that it investigates matters concerning the land use within the city limits and decides as to the best use of that land within the restrictions of the General Plan· Tile role is that of impartial arbiter, and the responsibility is to ensure that all sides of an issue are heard and all the facts are gathered wi thout bias· The Commission then presents those impartial findings wi th its decision, based on the good of the communi ty but without losing sight of the rights of the individual. 9 C d b k C i C should comm i s · The relationship between the City's Planning Co~nmission and the ity Counci I is. that the Planning Commission should make most ecisions ~-egarding land use, and occasionally those decisions will e appealed to the City Council. The City Counci I should always eep in mind the intent and level of expertise of the Planning ommission, although it is not expected that the City Council will nvariably support the appealed decision of the Planning ommission. The relationship between the commission and staff be that the staff is an extremely valuable t'esource to the sion, and should be treated as such. 10 ha an as re re al · My skills are in the areas of research, analysis and de.~;ign. I ve extensive experience in working with otl~ers to ,~xamine issues d then move towards a consensus solution. I am ~;~.~erally viewed a realist, although I work towards attaining l~igher ideals. I cogni ze the foal i ties: and I imi tat ions of ,>~- (:omn,Ul~ i ty' s sources, however I believe in aggressively pursuing ail the ternat i yes. 11. I curre~t ly opposed t.o to so in :-;uch corn.qltl~ i t y ~ l~igt~ wages "we' 11 take witl be bel i~.ve tl~at tl~e mo:;t impot'tatlt la,id uso related issue facing our communally is tt~o co~cef~l of '.-row or die' '~,rowt, :~r~d die' . I~ otl~er wot'ds, our community rnus;t grow our peoplo ',.'itt~ dece~'~t: l~>~,~-;i~,T ;t~d jobs, but we retest ~to are rnor~: impor tall t tllall ,.; I oa~ al ~' and wa ter, ,~' tiaa t care of the i~rol) tem:; l,xtt, r" 'Fl,o (;e~e~'al Plan ~','--write crucial i~ deciding how tJkiah will look twenty years from concept, i~ ~ervices, i,~ e~viro~me~t. Victoria Shipley PI.ANNING COMMISSION 603 Capps Lane , Ukiah, CA 95482 Questionnaire page 2 12. My attempt to address this issue :vould be £ocuse.d on providing alternatives to segments of the current community plan which have had an adverse environmental impact. By do presenting alternatives in a positive ai~d well thought out manner our increasing needs can be met in an aesthet:i,.:allv ple-..a:;ing and environmentally sound manner without severe sacri fice:~ in the size, quality or quantity of development (commercial or :e:'sidential). 13. I firmly believe that moderate and well-planned growth is vital, il/e have a terrific community here, as far a.q location, housing, services, and open space, are concerned, and we all [lave a responsibility to maintain those at tributc:.q. ~l~c, mus't also recog~/ze that we can easily stagnate if we refu~.e to allow a~y cha~ges. Poor planning can also destroy what we have. By providing only rainimal jobs we will lose our economic base and eventually die as ~a quality community. Long range proj+'ctions, invi'ting low-impact tech~oloa;;,, into the valley, more community-oriented neighborhoods, are all major importance to this ci'ty, and the Planning Commission should be the front line in encouraging this attitude througt~ the administration of thc General Plan. 14. I believe that the city in a highly negative [mpa quality, heavy use of water, which results in isolation population. should discourage growth which re.~ults ct on the environment ( loss of air pollution of ground water), and growth of neighborhoods or segments of our 15. I have no problems with -the current planning review process. 16. seve 5-7% vacancy rate and contain mixed should be funded, open, and present. wi th tl~e public. these pr(:':miscs to team that moves My ideal community is one where there are plentiful jobs at ral different wage/skill levels, high environmental quality, a in housing, neighborhoods which are contiguous types of buildings, homes, and people. Sct~ool-z as should other services. Governme~t should be a positive "can do" attitude whei~ working for I believe the City of [Jkial~ al ready work..~ ~nder .some d,:grce, and I would .lik~.~ to be a part of thc our communal ty into the futur,... q CITY OF UKIAH APPLICATION FOR PLANNING COMMISSION Date February 7, 1994 I am applying for an appointment to the City of Ukiah's Planning Commission. · 1. Name 1%I1~. iI%~A RIO N ' PIER C E ' 2. Residence Address 720 S. Oak Street, Ukiah, CA 95482 Res. Phone 462-2351 3. Business Address none Bus. Phone none 4. Employer retired '~ Job Title - Employed Since - 5. How long have you resided in Ukiah? I .years; Mendocino County 23 .years 6. Please list community groups or organizations you are affiliated with and indicate any offices held Program Coordinator for Education and Manpower Resources, Education Officer, Civil Air Patrol, USAF, President~ I.O.O.F. Lodge, Ukiah~ Vocational Counselor, MCOE, Pupil Personnel Counselor, Ukiah High School. Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the City of Ukiah's Planning Commission? 8. What is your understanding of the purpose, role and responsibility of the Planning Commission? · 9. What is, or should be the relationship between the City's Planning Commission and the City Council, and between the Commission and Staff? 10. How do you believe your own skills, experience, expertise and perspective will be beneficial to the work of the Planning Commission? 11. What do you believe is the most important land use related issue presently facing our community? 12. As a member of the Planning Commission, how would you attempt to address this priority issue? 13. In your opinion what type or types of growth, if any, should the City encourage? 14. In your opinion, what type or types of growth should the City discourage? 15. Are there any changes to the City's current planning review process that you would like to see implemented? 16. What kind of ideal community do you envision for Ukiah? Please return this application and attachments to the City Clerk by Noon on February 9, 1994. CITY OF UKIAH Application for Planning Commission MR. MARION A. PIERCE GENERAL BACKGROUND Prior to retiring in 1992, I owned and operated Marshall's Employment Agency in the City of Ukiah. I also served as a field consultant to the State of California, Dept. of Employment and Training. My duties included program development, policy analyst, personnel training, and technical advisor. Prior employment included positions as a vocational counselor for the Mendocino County Office of Education, preparing grants for job training programs and individual vocational assessment and career planning. I served in the U.S. Air Force European Theatre from 1951 to 1954. I also served in the U.S. Army Reserves and was an officer in the U.S.A.F., Civil Air Patrol, Ukiah Unit. In the past, I was a co-founder of the Ukiah Players (1974) and I held position of President and Treasurer of the Ukiah Lodge of the I.O.O.F. Lodge (1983-90). Since 1992, I have kept active in the community by volunteering vocational counseling services to groups and individuals as requested. Additionally, I have contributed time to the Ukiah Food Bank. I have also been a volunteer teacher at private schools in the Ukiah Valley. 7. Reasons for applying to serve on the City's Planning Commission: As a long term resident of Mendocino County and the Cit~y of Ukiah, I am very interested in participating in the orderly development and growth of the city. 8. Purpose, role and responsibility of the Planning Commission: . Planning Commissions have the responsibility to local government jurisdictions to objectively assess development proposals and act as a link between special interests and the City Council on all land-use matters. The posture of the Planning Commission is to reinforce objectivity in its review of land-use planning matters. The Planning Commission's function has been expanded over the years to include specific responsibilities related to public review and approval and/or denial of Land Use Projects related to site development, use permits, and zoning variance requests. The Advisory role of the Planning Commission is reinforced by the fact that within the project review and approval-denial authority it retains over various land use matters, all decision it makes can be appealed to the City Council for final action. 9. The relationship between the Planning Commission, City Council and City Staff. 10. The Planning Commission's relationship with staff should focus on cooperation by obtain- ing and evaluating technical information on a project by project basis. The Commission's relationship with the Council should emphasize adherence with the Council's adopted land-use policies as reflected in the city's general plan and implemented in the zoning code. How my experience and skills could serve the Planning Commission: I believe that my 30 years experience serving the business community, educational programs, local, state and federally mandated programs throughout California and its 26 rural counties would be beneficial to the Planning Commission's work. My long term residence in the community would be very helpful in the city's ongoing development of its "new" growth management plan. My experience in establishing lines of communication, analyzing problems and bringing together disperant interests and entities should be a valuable asset to this community which offers both great opportunities for healthy economic growth as well as the challenges to its magnificent rural environment. My familiarity with the aspirations and goals of our citizenry is based on my experience as a businessman, educator, program consultant and community services charitable organization official. I am a retired teacher and a retired veteran of the U.S. Army. I am in good health. I have the time and energy to devote to the Planning Commission's most important work. 11. What I feel is the most important land-use issue facing our community: From my personal and professional observation, the most important issue facing the community is the potential for the rapid growth we are experiencing and its implications to the business community, the social, physical and economic foundations which we have inherited and will pass onto our future citizens. 12. 13. 14. 15. 16. How I would address this priority issue: The City Growth Management and General Plan Steering Committee gives direction in its "vision statement:". I would emphasize meeting the objections of the statement. Growth management is a very important issue in the development of Ukiah and needs to be combined with the economic issues. A priority to me.as a planning commissioner would be to work for a strong, highly diversified, industrialized base within the city. In meeting this priority, I would be like to assist you in identifying business development incentives appropriate to this community such as incentives, tax developments and discounted land sales or leasing. Types of growth needed in this category: Continuous flexibility is needed in this category. In my work with the State of Califor- nia Private Industry Council, I found common threads of interest bind most rural communities. Maintaining informational communications with other agencies serving rural communities is vital to successful decision making. Types of growth the city should discourage: I would like to see the city of Ukiah discourage growth which impacts on the agricultural viability of the valley, and encourages the use of existing human and economic resources. Suggested changes to the city's current planning review process: At this point I am not prepared to make any recommendations to the review process. However it has been a general observation during my years of service to the community that important issues are not always successfully communicated to all concerned citizens prior to the public forum. Successful communication prior to public forums is vitally necessary to successful government. The ideal community that I envision for Ukiah: I have been in public service at the Federal, State and community level since 1960 and a resident of Mendocino County since 1971. I am not certain I can describe an ideal community. I believe the City's Steering Committee has provided with its statement of mission, the best description I am aware of: 1. a high dynamic of physical energy 2. a high degree of diversity of social and economic constituents 3. a self-sustained and interdependent economic system 4. a strong interaction of social, economic and physical constituents, and 5. a protective stance to the community's physical and economic viability. To this, I can only add that Ukiah is a city which can still offer these potentials to its citizenry. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING ONE PLANNING COMMISSION MEMBER TO THE CITY OF UKIAH PLANNING COMMISSION The City Council of the City of Ukiah does hereby RESOLVE: That the following person has been nominated by the Mayor and confirmed by the City Council and is hereby appointed to the Planning Commission to fill the current vacancy. to fill the unexpired term of Cindee Mayfield to June 30, 1996 PASSED AND ADOPTED this following roll call vote: AYES- · NOES: ABSENT: day of , 1994 by the ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk ITEM NO. 9b, DATE: 9/21/94 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF DEMOLITION PERMIT APPLICATION TO DEMOLISH A SINGLE FAMILY HOUSE OVER 50 YEARS OLD AT 400 EAST PERKINS STREET SUMMARY: On September 7, 1994, the City Council was presented two Demolition Permit applications for two vacant residential structures well over 50 years old located at 326 and 400 East Perkins Street. The structure at the 326 address is referenced but not listed in the Historic Resources Inventory, and the structure at the 400 address is actually listed in this document (see Attachment A, Agenda Summary Report dated 9/7/94). Accordingly, Council approved on a 4-1 vote the Demolition Permit for the 326 address, and tabled action on the 400 address after considerable discussion of its potential historic significance and the merits of requiring that the structure be moved, thereby preserved, versus demolished. Amidst this discussion it became apparent that more information was needed on the legal and procedural (continued on page 2) RECOMMENDED ACTION: City Council approve the Demolition Permit for the residential structure over 50 years old located at 400 East Perkins Street. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that the subject structure is historically significant, and deny the Demolition Permit. 2. Deny the permit based on historical significance, and indicate no opposition to the issuance of a Building Permit for the purpose of moving the structure to another location. Acct. No. (if not budgeted): N/A Appropriation Requested: N/A Citizen Advised: Applicant, Jing Quan, and agent David Ryan Requested By: Jing Quan and David Ryan Prepared By: Robert Sawyer, Planning Director Coordinated With: Charles L. Rough, Jr., City Manager and David Rapport, City Attorney Attachments: City Attorney Memorandum dated 9/12/94 Agenda Summary Report (with attachments) dated 9/7/94 Acct. No. (if budgeted) APPROVED: Charles L. Rough, Jr., Cit~/Manager Page 2 differences between Building Permits which authorize demolition (i.e., demolition permits) and Building Permits which authorize moving of structures, as each permit pertains to local ordinances and building code provisions. As the attached Memorandum from the City Attorney indicates (Attachment B), the Uniform Building Code (UBC) lists "move" and "demolish" as separate activities, and a Building Permit would have to cite one or the other as the activity for which the applicant seeks permission. In the case of a Building Permit to demolish a structure, our local Code requires City Council approval if the structure is over 50 years old, in addition to the Building Official's normal review and approval under the provisions of the UBC. Whereas in the case of a Building Permit application to move a structure, City Council approval would not be required, and the Building Official could rather routinely issue such a permit. Therefore, if the City Council determines that the structure at 400 East Perkins Street is historically significant, the Demolition Permit cannot be issued and the structure cannot be demolished. However, the applicant could nonetheless apply for another Building Permit to move the structure, thereby making the high-priced Perkins Street commercial property available for redevelopment, without the need for Council's approval. Moreover, in Council designating the structure as historically significant, its rehabilitation could generally be held to less stringent and restrictive building code requirements, which would lessen the costs associated with moving and preserving the structure. It should be noted, however, that an alternate parcel would have to be secured and a Code-complying foundation constructed before the house could be moved from its existing site and relocated on the new site. If the structure is deemed historically significant, and the owner decides to rehabilitate it, either on- site or on a different site, the provisions of the Uniform Code For Building Conservation would apply, rather than the entirety of the Uniform Building Code. The focus of this somewhat less stringent code is to encourage and facilitate the continued use or re-use of legally existing buildings and structures, especially those deemed historically significant by the local agency. Attachment C contains excerpts from both the Uniform Building Code and the Uniform Code For Building Conservation which pertain to rehabilitation and re-use of such structures. As a side note, if the applicant decides to move the structure, he will also have to secure an Encroachment Permit from the City Engineer to actually transport the structure through City streets. This is a routine procedural step to ensure that the operation is insured, and that the structure is moved along an appropriate route in a safe and efficient manner. 10a ITEM NO. DATE: September 21, 1994 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING RECEIPT OF NATIONAL SCIENCE FOUNDATION GRANT FOR GRACE HUDSON MUSEUM The City of Ukiah has been awarded a $75,000 grant from the National Science Foundation ("NSF," a federal agency) for documentation of the Grace Hudson Museum's Pomoan collections. The project is directed by Pomo scholar Sherrie Smith-Ferri, of the Department of Anthropology, University of Washington, who is assisted by Keith White Wolf James, who has recently returned from completing a Smithsonian internship at the National Museum of the American Indian in New York. In addition, several scholarly consultants will be involved in the two-year long project, along with museum staff. Additional computer hardware, peripherals, and software are being acquired for the museum through this grant, which will help produce a comprehensive database on the important collections, making accessible for the first time all the information in manuscripts, correspondence, objects, and photographs relating to the Pomo peoples, collected by John and Grace Hudson. The NSF Program is highly competitive -- three awards were made nationally this year. The museum is proud to have received the award and to be working with such a fine team of researchers for the next two years. RECOMMENDED ACTION: Accept report. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: N/A Prepared by: Candace Horsley, Assistant City Manager/Director of~_~ Community Services Coordinated with: Suzanne Abel-Vidor, Cultural Arts/Museum Director Charles L. Rough, Jr., City Manager Attachments: None. 3:CS~SR.G~ 6. Existing transoms may be maintained if fixed in the closed position. . Where a change of occupancy group is involved, such as converting a residential structure to commercial use, and where such a change requires reclassification to a higher Code hazard group, various provisions of the existing Code pertaining to heights and areas, fire safety, property protection, structural safety, and light and ventilation shall apply. . Certain minimum standards for existing buildings are established in regards to life safety (e.g., number of exits for fire safety), weather protection (e.g., adequacy of roof treatment), and other safety features (e.g., provision of handrails for stairs). ATTACHMENT C 10b ITEM NO. DATE: September 21, 1994 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING 1994-95 FUNDING FOR CULTURAL ARTS GRANTS As part of this year's budget, the City Council approved $4,000 for "Cultural Arts Grants" to be recommended by the Cultural Arts Advisory Board (CAAB). A maximum of $2,000 per individual grant was established as two grants are prescribed in the budget document. Consideration of the requests received is now before the City Council. It is a compliment to the City Council that funding at this level can be established. This opportunity is wholly dependent upon the fiscal condition of the General Fund, and our financial capacity to meet the top priority of maintaining present levels of essential municipal services. It is however a year to year effort since the statewide economic situation remains so volatile. Two applications for this program were received, each requesting $2,000. The Mendocino Ballet is proposing to use the funds for their production of Peter and the Wolf by Prokofiev. The Mendocino County Arts Council is aiming to use the monies in conjunction with $2,500 from the California Arts Council for mini-grants to individual local artists, as they have for the past two years. (continued on page 2) RECOMMENDED ACTION: Adopt resolution funding cultural arts grants. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine funding of arts grants cannot be made and do not adopt resolution. 2. Determine different funding levels are appropriate, identify those amounts, and adopt modified resolution. Acct. No. (if NOT budgeted): Acct. No.: 100-1945-651 Appropriation Requested: Community Outreach/Public Information Citizen Advised: Mendocino Ballet and Arts Center Requested by: Mendocino Ballet and Mendocino County Arts Center Prepared by: Michael F. Harris, AICP, Assistant to the City Manager Coordinated with' Candace Horsley, Assistant City Manager and Charles L. Rou~lh, Jr., City Manager Attachments: 1. Resolution for adoption, page 1. 2. Grant application from Mendocino Ballet, pages 2-7. 3. Grant application from Mendocino County Arts Council, pages 8-16. APPROVED: City Manager ASR CULTURAL ARTS GRANTS 94-95 September 21, 1994 page 2 Each of these organizations is providing a service to our community, and doing so despite considerable financial challenges of their own. The limited aid the City is able to provide helps bridge that gap to fulfil the goals of some of our citizens during these difficult economic times. At their September 13, 1994 meeting, the Cultural Arts Advisory Board considered both of these applications and unanimously recommended funding for each. They also commended the Council for providing this opportunity for the CABB to evaluate and support appropriate community generated projects. Staff recommends adoption of the resolution funding the two Cultural Arts Grants totaling $4,000. mfh:admin ASR CULTURAL ARTS GRANTS 94-95 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 FUNDING FOR CULTURAL ARTS GRANTS-1994-95 WHEREAS, within the City of Ukiah there are non-profit, community based organizations which provide significant cultural and artistic services to the citizens; and WHEREAS, during these difficult economic times, those organizations are in need of financial assistance to continue serving our community; and WHEREAS, the City of Ukiah City Council desires to aid these entities in light of their contribution to the welfare of the City; and WHEREAS, the City of Ukiah General Fund has adequate capacity to fund $4,000 toward this effort; and WHEREAS, the City received two applications for funding under the "Cultural Arts Grants Program" for 1994-95 and these requests were recommended for funding by the Cultural Arts Advisory Board at their September 13, 1994 meeting. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does hereby authorize Cultural Arts Grant funding for 1994-95 to the Mendocino Ballet in the amount of $2,000 and to the Mendocino County Arts Council in the amount of $2,000. PASSED AND ADOPTED this 21st day of September, 1994 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Fred Schneiter, Mayor ATTEST: Cathy McKay, City Clerk mfh:admin RESOLUTION CUL ARTS FUNDING 9/21/94 CITY OF UKIAH 300 Seminary Avenue Ukiah, CA 95482 Applicant/Organization COMMUNITY SERVICES APPLICATION FOR FUNDING Mendocino Ballet Date 27 Mav 1994 Address 209 South State Street. Ukiah. CA 95482 Executive Director Jennifer W. Harris. Board President Name of Contact Person Mary Knight Title of Contact Person Artistic Director Profit X Non-profit Phone 485-79:35 Phone 463-2290 Date Incorporated 1984 (please attach evidence) How long has your organization been in existence? 10 vears Project Title Peter and the Wolf Project Location Lowerv Little Theatre. Mendocino College (tentative_) Location(s) of additional facilities operated by your organization: Headquarters at Mary Knight Dance Studio, 290 South State St., Ukiah, CA Description of total agency activities or services provided: Performances of classical ballet including 6 performances of The Nutcracker each year, a spring recital/performance(June 1994), participation as a performing company in Regional Dance America Pacific, participation in Mendocino College and Ukiah Civic Light Opera performance evenings, participation in the Laurel Near Cultural Performance Project (June 1994), participation in the Spring Dance Concert in Ft. Bragg (June 1994), Sunday Supper and Seranade fund raiser (September 1994), and other fund raising activities. Amount Requested $ 2.000 Total Project Cost $ 7.950 Does your agency have a civil rights affirmative action policy or plan? No. Not applicable. Does your agency have a sexual harrasment policy? No. Not applicable. Does your agency have an approved Americans with Disabilities Act Plan? No. Not Applicable. COMMUNITY SERVICES FUNDING Quarterly Report for the month of October-December 1993 Name of organization Mendocino Ballet Please list the number of Ukiah residents that were served this quarter and the services that were provided: On October 24, 98 people attended the Sunday Supper and Serenade, an annual fund raiser of the Mendocino Ballet. Entertainment was provided by Tom Ganoung at the piano, and Sheridan Malone, baritone. A silent auction was held in connection with the evening's entertainment. Attendance at the six performances of The Nutcracker in December totaled 1,907. Although we have no data on where the attendees reside, probably the majority live in and around Ukiah. The cast totaled approximately 65 people, the majority of whom are Ukiah residents. The performances were held at Ukiah High School, in the city of Ukiah. (Note: This is the most active quarter for the Mendocino Ballet, so it was chosen to be included in this report.) S'gn~ture o/~au~-h~)rized ~3ers~n and title President of the Board of Director~ 27 May 1994 Date APPUCATION NARRATIVF ;I. Describe the proposed project and its potential benefit to the City of Ukiah- The project proposed is to develop and present a new ballet production of Peter and the Wolf by Prokofiev. The ballet will be presented to school students at a nominal cost ($3 per ticket), with three performances a day presented to students who will be bused to the theatre. The most likely locale for the pedormances is the Little Theatre at Mendocino College. The ballet will be choreographed by Mary Knight, Artistic Director, costumes designed and executed by Joanna McMillan, and sets designed and executed by individuals to be selected. Dates to be scheduled after funding for the production is secured. Benefit to the City of Ukiah is to provide a performing arts experience for school children of the community. Mendocino Ballet is the only ballet company in the region which presents performances of classical ballet. Materials for costumes and sets will be purchased locally and thereby provide business for the community. Programs and tickets will be printed locally. The production itself will provide jobs for the people who will work on the production. 2. Describe the specific needs your project addresses: Due to financial cutbacks, performing arts education is lacking in the schools of the community. This production will provide not only a performance for the students to attend and enjoy, but an exposure to classical music for children and classical ballet. The performance will also provide a chance for students to I~arn appropriate behavior at a formal production. Such opportunities are not readily available to all children in the community. 3. Describe the geographical area of impact affected by this proposed project: Students will be bussed from schools in the Ukiah Unified School District. Attendance will also be made available to students from nearby school districts and from private schools. Parent and teacher chaperons will accompany the students. ,, 4. Describe to what extent your project will specifically affect, serve and benefit City of Ukiah '.~ residents. Since the City of Ukiah provides the highest concentration of school students, the majority of those in attendance at the performances will be residents of the city. The performances will add a dimension to the cultural life of the citizens beyond that provided by the school curriculum. No other performing arts group in the community offers classical ballet. This ballet could be included in the performance by Mendocino Ballet at the Festival of the Arts to be held in Ukiah in June of 1995 under the auspices of the Chamber of Commerce. Mendocino Ballet is a performing company of Regional Dance America, Pacific (RDAP), and as such represents Ukiah at the annual RDAP Festival. In 1994 company members traveled to Bremerton, Washington to represent the community. In 1993 the Festival was held in Modesto, California, and in 1995 will be held in Richland, Washington. Of the twenty companies that perform at Festival, Mendocino Ballet represents the smallest population base, highlighting the quality of performing arts in Ukiah. 5. Describe how your program will coordinate with others in providing similar services to this area and compliment, rather than duplicate their efforts: Although there are other performing dance organizations in the county, Mendocino Ballet is the only company presenting classical ball.et. The other organizations present modern and interpretive dance. Mendocino Ballet has performed at productions of the Mendocino College Dancers and the Civic Light Opera in,.the past, and will perform with Laurel Near's Cultural Performance Project in June 1994. ' . 6. Where in Mendocino County are similar services provided and by whom: Classical ballet is not being presented anywhere else in Mendocino County. Ukiah Players Theatre and Mendocino College Dancers present performances for school children, but no one else presents ballet. CM/COMMUNITY BUDGET DATA 1. Describe the current sources of your organization's funding. Income from annual performances of The Nutcracker in the form of audition fees, ticket sales, program advertisements, concessions, and boutique sales. An unsolicited grant from Fetzer Wines in the amount of $3,000 to support Nutcracker. Donations from community members and businesses. Fund raising activities of the Board of Directors such as the Sunday Supper and Serenade, concessions at community events (Sundays in the Park, etc.), Sunday brunch at Sizzler. Other income is gained from sales of performance videos, candy sales by members to cover cost of attendance at Festival, costume rental. 2. Describe the anticipated sources of your organization's funding. In addition to those listed above, funding will be solicited through grant applications to agencies funding performing arts and through requests to local business. 3. Describe other sources, if any, that you have applied to for funding this project. None. 4. Describe your proposed program budget (specify revenues, by sources, as well as expenditures, by type): See attached proposed budget. 5. If you have received funding from the City of Ukiah in prior.years, please indicate for what years and for how much: Mendocino Ballet has never received funding from the City of Ukiah. APPUCATION ATTACHMENT CHECK LI~T; See note Copy of agency budget for 1994-95 (proposed) Copy of organization by-laws (not applicable if you have already submitted one) Copy of most recent agency audited financial statement Evidence of incorporation, if applicable Copy of application(s) for funding submitted to other agencies to receive funding during 1994/1995. Note: Arrangements are being made for an audit or review. A copy will be submitted as soon as it is completed. In lieu of an audited financial statement, a profit/loss statement for the current fiscal year is attached. to Mendocino Ballet Company Proposed Budget for Peter and the Wolf be presented during 1994-95 fiscal year Projected Income $ 7,950 Performances to be scheduled for school students to be bussed to theatre. Income Expenses Program ......................................... 100 Tickets**. ..................... 5,400 ........... 100 Sponsors/grants ................ 2,550 ........... Supplies .......................................... 250 Advertising ........................................ 300 Costumes (design & materials) ........................ 1,500 Sets .............................................. 1,500 Stage Rental ....................................... 1,000 Stage Supplies ..................................... 200 Personnel Technical .......... ~: .............................. 900 Production Manager.. .................. : ............ 300 Assistant Director.. ;': ...' .... ' ........ - ............... 300 Costume Mistress .................................. 200 Backstage Crew ..................................... 300 Choreography ...................................... 1,000 TOTALS $ 7,950 $ 7,95O **Projected Attendance 1800 students at $3 per ticket 300 S .... E., UKIAH. CA 95482-5400 · ADMIN. 707/463-6200 ' PUI31..IC 5A, FETY 463-6242/6274 ~ · FAX II 707/463-6204 ' ., .: COMMUNITY SERVICES APPLICATION FOR FUNDING Applicant/OrganizationMENDOCINO COUNTY ARTS COUNCILDate Ma'y 1 3r 1 994 Address 400 East Commercial Street, Willits, CA 95490 Executive Director RHODA S. TEPLOW Phone459-7897/937-5611 Name of Contact Person RHODA S. TEPLOW Title of Contact Person Director Phone same · Profit x Non-Profit · Date incorporated County Aqency (please a~ttach evidence) How long has your organization been in existence? 4 years Project Title MENDOCINO MULTICULTURAL DEVELOPMENT REGRANTING FUNDS Project Location Greater Ukiah Location(s) of additional facilities operated by your organization: INLAND OFFICE: 400 E. commercial St. Willits CA 95490 Behind the Mendocino County Museum COAST OFFICE: 8155 North Highway #1, Little River, CA 95456 Description of total agency activities'or services provided: MCAC provides consultations and technical assistan~eto any Mendocino County artist and arts/cultural organization or city, sponsors workshops for artists eg. in marketing, maintains a grant library, regrants funds for art projects, prints a quarterly newsletter with grant deadlines, supports the County museum in Willits, outreach to Pomo and Latino communities. Amount requested$ 2,000 Total project cost $ 4,500 Does your agency have a civil rights affirmative action policy or plan? Yes, compliant with California Arts Council and State requirements and is writen into our grantee comtract. Does your agency have a sexual harrasmen: policy? Yes, compliant with Calif. State and Mendocino County policies. Does your agency have an approved Americans with Disabilities Act Plan? Yes, compliant with Calif. State and Mendocino County. '%Ve /~e Here To Se~e~ -8- APPLICATION NARRATIVE 1. Describe proposed project and it potential benefit to the City of Ukaih: With the $2,000 from Ukiah and $2,500 from the Calif. Arts Council, MCAC WILL be able to distribute $4,500 to Mendo. Artists and ORganizatic through the grant process which begins with publication of the quideline (encl). The applications are due March 25th and a panel of 5 judges decides on the grantees in April. The projects begin in May and continue through December 1995. The application is relatively simple providing entry-level groups an opportunity to learn how to write a grant which will enable them to apply for larger funds from outside sources. We expect to fund up to 16 projects. The grant process is competitive and if~ many applications are received from Ukiah and are exempliary, many projects from Ukiah may be funded in 1995. 2. Describe the specific needs your project addresses: The need of local artists for financial support is OVERWHELMING! In 1994 we received 54 ~grant applicati6ns and we~8~y able to fund 16 minigrants. We would like to grant larger grants to more organizations, but do not have the funds. Many of the artists ha~e little knowledge of how to write a grant and our staff helps them with individual consultations in our two offices or we go to their studios, rancherias, reservations and clubs. Our artists also need to know how to network with existing support groups and galaries and organizations. We help them make the connection so that besides funds, they receive in-kind suppor~eg: space and supplie Many of our grants support projects in Mendocino County schools., also 3. Describe the geographical area of impact affected by this proposed project: Our technical services 'and grant monies are available to all Mendocino County artists and art/cultural organizations: however, the regranting monies which will be used for Ukiah grantees will support artists and arts organizatio~ in the Greater Ukiah Area. Eg. Ukiah Theatre Players Low Gap Road Mendocino College Ukiah Fairgrounds Laurel Near Dance School Downtown Ukiah Latino Arts Multimedia Project Downtown Ukiah Ukiah Valley 'C'.ommunity Art Center Project Church Street Sherwood Band of Pomo dancing Tribal Office, Ukiah 4. *Describe to what extent your project will specifically affect, serve and benefit City of Ukiah residents:.Besides directly giving funds to Uki~h artists and art organizations, MCAC provides the service of writing the grant quidelines, processing the applications, issuing the money and contracts, filing reports and budgets of the grantees, managing the review panel, paying the panelists and providing press coverage at each step. This service relieves the City of Ukiah of this work load 5. Describe how your program will coordinate with others in providing similar services to this area and compliment, rather than duplicate their efforts: Our grant guidelines emphasize that we are looking for project. that will be matched by business, schools or other organizations. We do not fund fellowships to single artists nor scholarships. In our consultations we try to match artists with schools or get businesses to support organizations The Ukiah Valley Arts Center Project is a good example of artists ~oining together to form a group w~ere they can hold art classes and display their work. We gave them an extensive consultation; however, MCAC doesnot hold art classes nor sell art as th. 6. Where in Mendocino County are similar services provided and by whom: will. No other groups provide the arts advocacy nor technical assistance nor arts grants that the MCAC does. WEST Enterprises, Inc. offers group support in marketing and business training and lo~ns. They do not have peer panels for their financial funds nor a newletter for other grants available. The California Arts Council has chosen the Mendocino County Arts Council as the sole state-local partner program to. distribute funds to artists,thus I believe we are the only agency to provide the services we do. * The Mendocino County Arts Council is the only agency set up to access the high school students in the County to let them know about th~ California Summer School For the Arts, to send out applications and to hold an annual reception for the young Arts Scholars who .attend this pre-professional training month long cour§e on a Calif. College campus each summer. This year two students from Ukiah High School we're accepted to CSSSA out of the 11 in Mendocino County. These Ukiah High School Students will be honored on May 20th and will receive a medalion with the State Seal on it. CM/COMMUNITY BUDGET DATA 1. Describe the current sources of Your organization's funding: Mendocino County provides in kind space, utilities, ben~fit package ($2,554.50) and in kind management and clerical support from the County Museum. Willits,~Uk~ah and Point Arena city grants. Membership fees totalling $500. State-Local Partnership grant from Calif. Arts Council for $2?,000. 2. Describe the anticipated sources of your organization's funding: We anticipate new monies from the City of Fort Bragg, $30,000 from State-Local Partnership, $2,000 from City of Ukiah, $3,500 from the County, $500 from Point Aremm and $500 from City of Willits. $2,500 from the MCACouncil Fundraising events. Be Describe other sources, if any, that you have applied to for funding this project: The $2,000 from the City of Ukiah will be matdmd by the Calif. A~ts Council State-Local Partnership grant with 2,500 for a total, of $4,500 which will be regranted to Mendocino Co. Arts and Cultural Organizations. 4. Describe your proposed program budget (specify revenues, by ..sources, as well as expenditures, by .type): Please refer to the 94-95 budget encl.' Our total budget for next year will be $45,000 of which $26,850 will be for a staff of 4. $13,650 in operating expences and $4,500 will be regranted to. County artists and cultural organizations. MCAC revenues are projected to be $30,000 from State, $5,975 from cities and county, $500 from memberships and $2,575 from fundraising. In-kind support from the County will total $5_,950. 5 · If you have received funding from the Cityof Ukiah in prior years, please indicate for what years and for how much: 1993-$1 ,000 1994-$1 ,000 Of the 1993 Ukiah $1 ,000, $900 was spen~ on two Ukiah projects. Of the 1994 Ukiah $1 ,000,. $1 ,450 was regranted by MCAC to 4 Art's Projects in Ukiah. APPLICATION ATTACHMENT CHECK LIST: X Copy of agency budget for 1994/95 NA Copy of organization by-laws (not applicable if you have already submitted one) MCAC is a county agency X Copy of most recent agency audited financial statement Encl. is budget for three years. Our financials are at the County Evidence of incorporation, if applicable Auditor's Office. MCAC is a county agency Copy of application(s) for funding submitted to other agencies to receive funding during 1994/95 COMMUNITY SERVICES FUNDING Quarterly report for the month of February 1994 (Oct-Nov-Dec. 1993) NQuart~erly financial re~O~N~t~~ ~'COUNCIL ame cz organization Please list the number of Ukiah residents that were served this quarter and the services that were provided: Services provided to Ukiah residents for the Months of Jan-Feb-Mar. 1994 72 telephone consultations and conversations. 14 two hour or more full technical assistance consultations. I full 'consultation'~ith the Club-Latino Americano by the Inland Coordinator, nur~r 'served is unknown. 5 Pomo Rancherias had full consultations by our Inland Coordinator and the number served is also unknown. 16 Latino writers and poets were published by the book funded by MCAC at Mendocino College 105 Ukiah residents receive the MCAC newsletter and thus are receiving grant and technical information for' artists. 5 Council members live in Ukiah ~ i. low-income and underserved audience members in Ukiah received tickets to two performances of the Ukiah Theatre Players through their Arts Reach Program funded by MCAC. d person and t~itl~ Da t e _ _~ e21~l il 0 ~NO Lno 0 C 0 0 -0 Z 0 ~q 0 0 0 0 0 0 0 0 ~0 O0 0 ozn o ~o~ o o~ ooo~- o o o 0 0~oo~o 0 o 0 0 0 OLN 0 CD, LN 1',~. ~-- 0 ~-- ~ 0 0 0 0 0 0 0 o 0 0 MENDOCINO COUNTY ARTS COUNCIL MULTICULTURAL DEVELOPMENT FUND PROJECTS GRANT AWARDS FOR 1994 : 1.$450-Latino Arts Multimedia Project, Concilio Latino American of Mendocino County Ukiah, latino photography and art exhibit entitled "Puentes de Luz". 2-$400-Studio Art For Children, Mendocino Art Center, Middle School and Educational Foundation for Creative Arts, children to study art at Mendo. Art Center. 3-$400-Student Internship Project, Mendocino Theater Company, 10 week intensive program for high school and college students to learn production and management. 4-$400-Cultural Performance Project, Laurel Near School of Dance and Performing Arts, 12 culturally diverse groups to perform 3 performances in Ukiah. 5-$350-Seed Grant, Ukiah Valley Community Art Center Project, start up funds. 6-$300-Multicultural Art Project, Comptche School,via holidays the study of religions and cultures of the world. 7-$300-Video Film Festival, Round Valley Center for the Arts, 12 multicultural and art film series in Covelo. -- 8-$250-Third Grade Thread Tales;' BlOsser Lane Elementary School, Willits, textiles as change and continuity in the community, Elizabeth Wiley. 9-$250-Cultural Arts and Crafts, Mendocino Elementary School, Diane Baireuther,artist. 10-$250-Funds to purchase tickets to local cultural events, ACCESS, Fort Bragg, for HIV positive patients to particiPate in cultural and performing art events. 11-$250-Northern Pomo traditional singing and dancing, Sherwood Valley Band of Pomo Indians, tribal youth classes. 12-$200-Native American Lifestyle and Crafts Camp, Spirit Camp, Manchester, K-5.- 13-$200-Baile Folklorica Jimenez, Philo, costumes for traditional Mexican dances. 14-$200-Spring Dance Recital, Willits, Carolyn Wadman, operating expenses. 15-$150-Community Fine Arts, Little Lake Rec. Depart Willits,Melissa Verton,oper. exit.' 16-$150-Senior Art Display, Redwood Coast Seniors, Fort Bragg, photography and . display materials MULTICULTURAL DEVELOPMENT FUND FROJEC~.?S 1 993 GRANTS AWAF:DED 1-LAYTONVILLE HIGH SCHOOL MURAL: funds paid for paint'Lng s.upplie~ for students of the Bioregional. CORE class to depict the area's flora and fauna, $200. 2-WORKSHOP ON COAST YUKI CULTURE: paid for 8 free summer classes for children in Westpor~ a very small town on the North Coast. Among the teachers was a naturalist, the Fort Bragg librarian, an artist and a Native American. The final exhibit was held at the Fort Bragg Center for the Arts in Fort Bragg, $500. 3-MULTICULTURAL SUMMER ARTS PROGRAM: sponsored~' by the Potter Valley PTA. MCAC funded the latino theatre arts staff person, $500. 4-SPANISH LANGUAGE PUBLICATION: will be printed with contributions ~ ~-~cl-~ ~-~m~ ~ ~o-~ by local latino writers in conjunction with Mendocino College writing classes, $400. 5-DYE PLANT DEMONSTRATION GARDEN: Covelo was the site for a natural dye plant demonstration garden, which will share the results of the cultivation of specific plants for dye pigments with artists and agricultural students and will preserve some of the process of making pigments of the people living in Round Valley in the past,S350. 6-YOUTH SUMMER ART CLASSES: MCAC funded a van to transport underserved chilOren to art classes at the Gualala Art Center, $300. 7-KALEIDOSCOPE YOUTH DANC~ TROUPE: funds for costumes for a Willits area group of teen dancers who performed around the County, $750. 8-MAMA LION: partial funding for a series of events featuring lesbian writers culminating in a publication and an ~ning of readings attended by 60 women in Mendocino, $200. 9-UKIAH PLAYERS THEATRE: prov~ed funds to distribute free tickets to underserved communities through social service agencies, $500 10-HARRISON STREET HOUSE ART CLASSES: were held on Saturdays at a resident house for developmentally disabled adults. Their work was later displayed and sent on to a contest in Sacramento, $300. 11-MENDOCINO COAST HOSPICE: MCAC funds provided an arts therapist to lead workshops for volunteers and staff of hospice and AIDS home setting. Simple art techniques were taught which alS'in .' the grieving and/or dying process, $500. GRANTS AWARDED The first round of Mondoclno Mulllcullural Dovolopmenl Fund (MMDF) grants have been awarded. These funds are for new communily cultural projects by organizations In the county between May 1 and October 15,1992. A three-member panel ( Paula Samonte of Uklah, Lolll Jacobsen of Mondocino, and Mary Korle of Wlllits) mel on April 151h lo review the nine applicalions received and allocate avallable funds among them. Call MMDP (459-7897 for information about any of these projects. 1. LOCAL MUSHROOMS AS A DYE SOURCE: A no cost hands-on workshop, learning activities based on the use of mu~room, dyes. SPONSOR: International Mushroom Dye Institute; PRESENTER: Andrea Marks: AWARD: S500. 2. ELDERS' DAY VIDEO: A video of the Elders' Day Gathering sponsored by Coyote Valley Tribal Council. Redwood Valley. SPONSOR: Coyote Valley Tribal Council; PROJECT DIRECTOR: Jan McGourty; AWARD: S500. 3. LECTURES/EXHIBIT PROJECT OF MENDOCINO PIONEER WOMEN: Lecture/exhibit about 10 of the first women in the non-Native settlement of the North Coast. at the Kelley House Museum in Mendcx;tno. SPONSOR: Mend°clno Historical Research. Inc.: PROJECT DIRECTOR: Me, an Coddington; AWARD: S200. 4. MUSHROOM PAPERS EXHIBIT: An exhibit of the process of making mushroom paper,work by local artists on this paper. SPONSOR: Mendocino Art Center: PROJECT DIRECTOR: Miriam Rice; AWARD: $500. 5. THEATRICAL EVENT - HIGH SCHOOL DRAMA: Partial support for Drama Club's prodtJctlon of the *Taming of the Shrew". SPONSOR: Round Volley High School Drama Club; PIkK:)JECT DIRECTOR: Brian Burke: AWARD: S500. 6. PUBUC ART PROJECT/MURAL: Seed money to begin a mural on the out~ide of the Old Resencation School Auditorium In Covelo. SPONSOR: Covelo Indian Communily: PROJECT DIRECTOR: Margaret Hoaglen; AWARD: $500. 7. SUMMER ART FOR TEENS: Low-cost, three week summer program for teens/drawing, paintir~, ceramics and theatre. SPONSOR: Guolala Arts Center; PI'K)JECT DIRECTOR: Lucinda Johnson; AWARD: S500. ?~:?....~..:.: ...... ;:'~ .... :.: :.:...:.:...:L...:::.....:.:.::....:.:..:.: ::::::..::::::: ~i~i5~:~::~:;~¥~;~¢~?~;~;~.~?~;::::::::::::::::::::::: '"::'M~n~cino:. Rixa~:~Wehren~.'dire~°'t:..:''. :" "9. $5o0.;.oki3:h'piaye~:~-.?i~-tre~.i~ee ':' '- ~ .::.;].. tickets d ~buted .t~¢ough::sociai i~ ~:~:~¢i~':'J~ i:?~;:i'!?$500.~ A~:i'st i'~:residenCe,::~':':' '~:'-:. Mendocin°' Coast Hospice; B~Zabelh %ss, inslructor .... ......... ; ..................................................... AGENDA SUMMARY ITEM NO. DATE: September 21, 1994 REPORT SUBJECT: CONSIDERATION OF DONATION TO BALLET FOLKLORICO OF MENDOCINO COUNTY As part of this year's budget, the City Council approved $2,000 to "...assist worthwhile community special events which occur throughout the year." We have received a request from the Ballet Folklorico of Mendocino County for $250 to be applied toward the purchase of new costumes (total cost is estimated at $2,500). The dance costumes would obviously be used in several events performed by the group within our community. The Ballet's request also includes an offer for a free performance as part of a City function. The Ballet is providing local youth with an opportunity to understand and participate in cultural heritage activities. It is a viable and positive program for these young people. Staff believes this is a legitimate use of, and meets the intent of, these budgeted funds. The $250 represents 12.5 percent of the total apportionment for special events; 87.5 percent remains as an adequate balance for other events through the remainder of the year. The Council is to be commended for allocating adequate funds to accommodate such expenditures. Staff recommends the City Council approve funds for Ballet costumes. RECOMMENDED ACTION: By minute order, authorize $250 to the Ballet Folklorico of Mendocino County for new costumes. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine funding cannot be made and do not authorize expenditure. 2. Determine different funding level is appropriate, identify that amount, and authorize revised expenditure. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No. (if NOT budgeted): Appropriation Requested: Ballet Folklorico of Mendocino County Ballet Folklorico of Mendocino County Michael F. Harris, AICP, Assistant to the City Manager Charles L. Rough, Jr., City Manager APPROVED: Acct. No.: 100-1945-690 Community Outreach/Public Information 1. Letter from Ballet Folklorico of Mendocino County requesting funding, page 1. 2. Excerpt from th adopted budget, page 2. Charles L. . City Manager mfh:admin ASR BALLET FOLKLORICO 9/21/94 BALLET FOLKLORICO OF MENDOCINO COUNTY P.O. BOX 217 UKIAH, CA 95482 City of Ukiah Chuck Rough, City Manager 300 Seminary Avenue Ukiah, CA 95482 Ladies and Gentlemen: The Ballet Folklorico of Mendocino County would like to request your participation in providing monetary assistance to this worthwhile activity. As a gesture of reciprocation, the Ballet Folklorico would like to offer you a performance, free of charge for an event of yours. The Ballet Folklorico is a traditional dance group, performing dances from various states of Mexico. The Ballet is a new organization that was recently organized, with assistance from the Community Works program, out of interest to form the first county-wide cultural activity of organized Mexican/Latino Folklore. In addition to serving as an impetus to encourage our youth to develop their artistic abilities, the Ballet also serves as a deterrent and alternative to falling into the traps of gangs, while acting as a catalyst for stimulating self-esteem. The Ballet's objectives include: To provide a drug-free activity to our county youth; to promote and increase the cultural inclusion of Mexican/Latino heritage and traditions; to develop positive role models; and to provide for a schooling of Ballet Folklorico. Currently, the Ballet is composed of 15 participants, all committed to demonstrating an exemplary dance activity. The Ballet has already held several performances, among them at Ukiah High School, Hopland Elementary School, Ukiah Playhouse, Mendocino College, the Downtown Merchants "Cinco De Mayo", and at several local convalescent homes. The group, though, has been using dance costumes that are seven to nine years old and are incomplete. Therefore, our request of you is for a tax deductible donation/contribution of $250.00 for the specific purchase of costumes and materials to make costumes. The total estimated cost is $2,500.00. The eventual goal of the Ballet is to form a dance group of three age levels - children, adolescents, and young adults. This would allow the Ballet to have a perpetual trained membership. In short, be assured that your consideration to donate $250.00 will prove to be an investment that will generate many, many returns for you, your organization and our community. Thank you! Sincerely, Juvenal Vasquez, ~tor Adelmo Rodriquez, Instructor '~' ~ scar De Haro,'Representative 0 C 0 o o O.o. ~ ~ o~ . AGENDA SUMMARY ITEM NO. 10d DATE: SEPTEMBER 21, 1994 REPORT SUBJECT: CHANGE PRISONER LOADING/UNLOADING PARKING RESTRICTION ON PERKINS STREET FROM 9:00 A.M. TO 5:00 P.M. TO TIME PERIOD OF 7:30 A.M. TO 5:00 P.M. The Public Works Department has received a verbal request from the County Sheriff's office to change the restricted parking hours for the three (3) parking spaces on the north side of Perkins Street, just east of School Street, which are used for prisoner loading/unloading. Currently, the spaces are posted for restricted parking from 9:00 a.m. to 5:00 p.m. Because of the amount of on-street parking activity that occurs along this portion of Perkins Street between the hours of 7:30 a.m. and 8:00 a.m., the Sheriff's Department has not been able to use these parking spaces during this time when it has been needed. At their regular meeting of September 13, 1994, the Traffic Engineering Committee recommended that the request be approved, however, the Committee also recommended that one period of time for the parking restriction be established instead of two blocks of time. The recommended period for the restricted parking is from 7:30 a.m. to 5:00 p.m., Monday through Friday, inclusive. RECOMMENDED ACTION: Adopt the resolution establishing a restricted parking limit of 7:30 a.m. to 5:00 p.m. for the three (3) restricted parking spaces for prisoner loading/unloading on the north side of Perkins Street between State Street and School Street. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Set different time limits. 2. Do not adopt resolution. Acct. No. (if NOT budgeted):N/A Acct. No.: Appropriation Requested: N/A (If Budgeted) Citizen Advised: Requested by: County Sheriff Office Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Resolution Designating Restricted Parking Spaces on Perkins Street between School and State Streets. APPROVED: R:lkPW:kk APRISONER.PRK 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 DESIGNATING RESTRICTED PARKING SPACES ON PERKINS STREET BETWEEN SCHOOL AND STATE STREETS WHEREAS, the City Council may by resolution establish parking restrictions along City streets pursuant to Section 7160 of the Municipal Code; and WHEREAS, the County Sheriff of Mendocino County has requested that the restricted parking period for the three (3) existing spaces for unloading/loading of prisoners be modified from the current restricted time period of 9:00 a.m. to 5:00 p.m. to include the period of 7:30 a.m. to 8:00 a.m.; and WHEREAS, the Traffic Engineering Committee recommends that the request be approved for the three (3) existing restricted parking spaces on the north side of Perkins, but modified to allow one block of time from 7:30 a.m. to 5:00 p.m. THEREFORE, BE IT RESOLVED by the Ukiah City Council that the three (3) existing spaces for the unloading/loading of prisoners on the north side of Perkins Street be restricted for such use from the hours of 7:30 a.m. to 5:00 p.m., Monday through Friday, inclusive. PASSED AND ADOPTED this following roll call vote: AYES: NOES: ABSENT: ABSTAIN: day of , 1994, by the ATI~EST: Cathy McKay, City Clerk B:I\RESI PRISONER.PRK Fred Schneiter Mayor MEMORANDUM DATE: TO: FROM: SUBJECT: September 7, 1994 Traffic Engineering Committee Rick Kennedy, Director of Public Works Request to Change Prisoner Unloading/Loading Parking Restriction on Perkins Street from 9:00 a.m. to 5:00 p.m. to.7:30 a.m. to 8:00 a.m. - County Sheriff This Department received a verbal request from the County Sheriff's office to change the restricted parking hours for the three parking spaces on the north side of Perkins Street, just east of School Street, which are used for prisoner loading/unloading. Currently, the spaces are posted for restricted parking from 9:00 a.m. to 5:00 p.m.. Because of the amount of on-street parking activity that occurs along this portion of Perkins between the hours of 7:30 a.m. and 8:00 a.m., the Sheriff's Department has not been able to use these parking spaces during this time which, apparently, is a peak time for them. . ~ Recommendation Make recommendation to City Council that the request be approved. It is further recommended by this staff member that the current restricted hours remain along with the new restricted hours; i.e., restricted hours, 7:30 a.m. to 8:00 a.m., and 9:00 a.m. to 5:00 p.m. ITEM NO. DATE: SEPTEMBER 7~1994 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF DEMOLITION PERMIT APPLICATION TO DEMOLISH A SINGLE FAMILY HOUSE OVER 50 YEARS OLD AT 400 EAST PERKINS STREET SUMMARY: On August 30, 1994, the Demolition Permit Review Committee decided by a 3 to 1 vote to approve the application to demolish a vacant, two-story structure at 400 East Perkins Street. The purpose of the demolition is to make way, along with the adjacent structure (see separate Agenda Summary Report), for eventual construction of a 15,000 square foot medical office complex, according to input provided to the Committee by the applicant's agent, David Ryan. The applicant's agent also indicated that redevelopment of the site is not planned until next Spring, thus demolition does not have to be eminent, in the event a salvage operation or structural move is offered by interested parties. As the attached background material reflects, this structure is included in the City's 'Historic (continued on page 2) [ -' RECOMMENDED ACTION: City Council approve the Demolition Permit forthe residential structure over 50 years old located at 400 East Perkins Street. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that the subject structure is historically significant, and deny the Demolition Permit. 2. Remand the demolition proposal back to staff for further research and evaluation into the historical significance of the structure. Acct. No. (if not budgeted): N/A Appropriation Requested: N/A .. Citizen Advised: Applicant, Jing Quan& agen{, David Ryan Requested By: Jing Quan& David Ryan Prepared By: Robert Sawyer, Planning Director Coordinated With: Charles L. Rough, Jr., City Manager Attachments: Location Map and Historical Evaluation Letter (Pruden) Demolition Permit Review Committee 'Minutes' Historic Resources Inventory Excerpt Acct. No. (if budgeted) APPROVED: Charles L. RoUgh, Jr., C~ y~M~nager ATTACHMENT A Page 2 Resources Inventory," and is considered historically significant by Ukiah History Specialist Judy Pruden. It was built in 1898, and is one of three such structures remaining from the City's earliest subdivision along Perkins Street. More notably, the structure was the winter home of J. A. Redemeyer, a very prominent local businessman who served as a bank director for First National Bank, and later owned and operated Vichy Springs Resort, and was owned by the Redemeyer family from 1905 to 1945. As Ms. Pruden's report states, "There are no families of greater significance than the Redemeyers to this community's history.' More recently, the house was used for commercial purposes (b. ntiques store), but has been vacant for nearly 2 years, and over many recent years has fallen into grave disrepair. At the Demolition Permit Review Committee meeting for this structure, Chairperson Pruden firmly felt that this structure was very historically significant and should not be demolished. In support of this contention, she verbally emphasized the information contained in her report and the text of the "Historical Resources inventory" (attached), which includes its age, its early histo~j subdivision setting, and, most importantly, its connection to the historically prominent Redemeyer family. Ms. Pruden believed that the structure could be rehabilitated and effectively used in its current location for commercial use; or, alternatively, the structure could be moved to another location and rehabilitated. In response to the suggestion that the structure could be moved, the applicant's agent, Mr. David Ryan, indicated that the owner would be willing to donate the structure to whomever wanted to move it, but that he doubted if this was practical due to the high costs associated with purchasing another parcel and rehabilitating the structure to comply with current building code requirements. Mr. Ryan also indicated that the owner was very amenable to allowing any interested persons to salvage materials from the structure, so long as the salvage operation did not impede the development plans for the site. Generally, the remaining Committee members felt that, while the background of this structure was impressive, its relative level of significance was not great enough to warrant disapproval of the Demolition Permit. Several comments were presented by other Committee members in support of this majority opinion, including: the structure lies amidst a busy and generally modern commercial district which has significantly diminished the contextual importance of this structure and the other two similar structures still remaining from the late-1800 residential subdivision along Perkins; the structure is not of sufficient size or design to accommodate a commercial use which would complement the growing and changing commercial district along Perkins; the structure has deteriorated over the years and is currently in a state of disrepair; the likelihood of finding a willing and able party to move the structure, given the assumed high costs of house moving, structural rehabilitation, and property purchase, seems remote and not a practical solution, and; the fact that a locally prominent businessman owned the house for 40 years, and lived in it on a part-time basis is not persuasive enough of an argument by itself to justify its forced preservation. Finally, as the attached "Minutes" from the Demolition Permit Review Committee reflect, research has been conducted in recent weeks to better understand and define the Demolition Permit review process for structures over 50 years old, at least in relation to existing code language, resolutions, and resource material. Various documents have been attached to assist the Council in understanding the conclusions developed to date, which might be briefly summarized as follows: ATTACHMENT A The Council's sole decision-making authority is to determine whether or not a structure over 50 years old is architecturally or historically significant; if significance is determined, the permit shall not be issued (UMC Section 3016 2b.3.). The limited scope of Council's review and action authority is 'ministerial" in nature, and the California Environmental Quality Act (CEQA) does not pertain and conditions of approval are not appropriate for Demolition Permits (see memo from City Attorney), The Ar(~hitectvral and Historical Resources Inventory Report was not adopted by Council, therefore does not represent a local register of historic places; if it had been adopted by Council as a local register of historic places, CEQA review would be appropriate for Demolition Permits (see Senior Planner Stump memo). ATTACHMENT A Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 200 W. Henry Street P.O. Box 488 Ukiah, California 95482 David J. Rapport Lester J. Marston TO .- FROM: DATE: SUBJECT: ( MORANDUM Bob Sawyer ] David Rapport/~,,,_~ - September 12, 1994 . Demolition and/or relocation of historic buildings (707) 462-6846 FAX 462-.4235 Attached are sections 301 and 302 of the Uniform Building Code (1988 Ed.). I am sure these sections remain the same in the 1992 version. As you can see the simple answer to the City Council's question is that a demolition permit is simply a permit for a particular type of work on a building that requires a permit under the UBC. Whether the application is to construct, remodel, move or demolish a building, it all comes under the same two sections of the code. The applicant must indicate in his application by plans, diagrams, computations and specifications what work he wants permission to do. The permit is issued to perform that work and no other, unless changes are approved by the building official based on revised plans. Accordingly, if he applies to demolish a building, the applicant comes within the city ordinance requiring council review. Technically, I think if he applied to move a building, he would not require council review. Ukiah City Code section 3016 says the council reviews applications to demolish a building. The UCB lists move and demolish as separate activities. Consequently, if the Council denies an application to demolish the building on the grounds that it has historic significance, the applicant could reapply for a permit to move the building. That new application would not require review by the City Council.~ Conversely, when an applicant receives the go ahead to demolish the building as described in his building permit application, he is only authorized to demolish the building. He would have to apply for a separate permit to move the building. That's how I read the UBC and our city code. You should check with Cliff Shepherd to make sure he understands these things in the same way. ~ One benefit of council action denying the permit on this ground is that buildings that are moved ordinarily must comply with all current building code requirements. (UBC, § 104(e).) However, a building that has been designated by official action of the City Council as having special historical or architectural significance does not have to comply with all current requirements as long as any changes to the building don't make it less safe than it was before the change. (UBC § 104(0.) The action by the council would constitute official action recognizing the building's significance. s:\u\memos94\sawyer.ubc September 13, 1994 ATrACHMENT B 301-302 UNIFORM BUILDING CODE Chapter 3 PERMITS AND INSPECTIONS Permlta Sec. 301. (a) Permits Required. Except as specified in Subsection (b) of this section, ~ or structure regulated by this code shall he erected, con- structed, enlarged, altered, repaired, n~gd. improved, removed, converted 9.g u se arate r 't ' ' got structure has first been m the building official. (b) Exempted Work. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses. provided the projected roof area does not exceed 120 square feet. 2. Fences not over 6 feet high. 3. Oil derricks. 4. Movable cases, counters and partitioos not over 5 feet 9 inchas high. 5. Retaining walls which are not over 4 feet in height measured from the bo!tom of the footing to the top of the wall, unless supporting a surcharge or impounding Class L Il or HI~A liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed 7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R. Division 3, and Group M Occupancies when projecting not more than 54 inches. 1 I. Prefabricated swimming pools accessory to a Group R, Division 3 Occu- pancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5000 gallons. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Exemption from the permit requiremems of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Application for Permit Sec. 302. (a) Application. To obtain a permit, thc applicant shall first file an application therefor in writing on a form funaished by the code enforcement agency for that purpose. Every such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 8 A'I-I'ACHMENT B 1968 EDITION 302-303 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. indicate the use or o~cupancy for which the preposed work is intended. ~.. Be accompanied by plans, diagrams, computations and specifications and other data as required in Subsection (b) of this section. 5~ State the valuation of any new building or structure or any addition, remod- eling or alteration to an existing building. 6. Be signed by the permittee, or his authorized agent. 7. Give such other data and information as may be required by the building official. (b) Plans and Specifications. Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The building official reay require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such. Submittals shall include construction inspection requirements as defined in Section 302 (c). EXCEPTION: The building official may waive the submission of plans, calcu- lations, construction inspection requirements, etc., if he finds that the nanire of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this code. (c) ConstrucUon Inspection. The engineer or architect in responsible charge of the structural design work shall include in the construction documents the following: 1. Special inspections required by Section 306. 2. Other structural inspections required by the engineer or architect in respon- sible charge of the structural design work. (d) Information on Plans and Specifications, Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform lo the provisions of this code and all relevant laws, ordi- nances, rules and regulations, Plans for buildings more than two stories in height of other than Groups R, Division 3 and M Occupancies shall indicate how required structural and fire- resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. Permlta Issuance Sec. 303. (a) Issuance. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by thc building official. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the build- ing official finds that the work described in an application for a permit and th~ 9 A'I'I'ACHMENT B The following excerpts from the Uniform Building Code and the Uniform Code For Building Conservation pertain to moving, rehabilitating, and re-using existing buildings and structures, especially ones deemed historically significant by the local agency. Uniform Building Code Section 104 (e~ - Moved Buildings Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this Code for new buildings or structures. Uniform Building Code Section 104 (f) - Historic Buildings Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, or continued use of a building or structure may be made without conformance to all the requirements of this Code when authorized by the building official, provided: The building or structure has been designated by official action of the legally constituted authority of this jurisdiction as having special historical or architectural significance. 2. Any unsafe conditions as described in this Code are corrected. The restored building or structure will be no more hazardous based on life safety, fire safety, and sanitation than the existing building. Uniform Code For Building Conservation - Chaoters 6 (Historic Structures). 4 (Minimum Standards for Existina Buildinas3. and 5 (Minimum Provisions for Changing Occupancy) 1. Foundations of relocated buildings shall comply with existing Code. Repairs to any portion of a historic building or structure may be made with original materials and original methods of construction, subject to provisions of this chapter. Every historic building which constitutes a distinct fire hazard shall be provided with an approved fire-extinguishing system as determined appropriate by the Building Official. Existing door openings and corridor and stairway widths of less than that specified in existing Code may be approved, provided that in the opinion of the Building Official there is sufficient width and height for a person to pass through in case of fire. One-hour fire-resistant construction throughout need not be required regardless of construction or occupancy. ATTACHMENT C ITEM NO. 10e. DATE: SEPTEMBER 21, 1994 AGENDA SUMMARY REPORT SUBJECT: DESIGNATE A NO PARKING ZONE BETWEEN THE DRIVEWAYS AT 841 AND 843 SOUTH DORA The Traffic Engineering Committee reviewed a request for a "No Parking" zone along the curb between the driveways located at 841 and 843 South Dora Street. According to the requestors, there is an ongoing problem with their driveway being blocked by customers of the business located to the north of them. Staffs field check indicated that the distance between the opposing driveway transitions is 12 feet. This distance does not permit adequate room for parallel parking. In consideration of the circumstances, the Traffic Engineering Committee is recommending that the No Parking zone be established. RECOMMENDED ACTION: Adopt the attached resolution prohibiting the stopping, standing or parking on certain streets. ALTERNATIVE COUNCIL POLICY OPTIONS: Not adopt resolution. Acct. No. (if NOT budgeted):N/A Acct. No.: Appropriation Requested: N/A (If Budgeted) Citizen Advised: Requested by: Mr. and Mrs. Gillespie Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Letter dated August 17, 1994 from Ernest and Louanna Gillespie APPROVED: ~~ ~7/. 4// R:l~°W:kk ADORA.843 1 5 6 7 8 9 10 11 19. 13 14 15 16 17 18 19 20 9.1 22 9.3 25 26 27 9.8 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF UKIAH PROHIBITING THE STOPPING, STANDING OR PARKING ON CERTAIN STREETS WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Municipal Code; and WHEREAS, the Traffic Engineering Committee recommends that parking of vehicles on South Dora Street between the driveways of 841 and 843 South Dora be prohibited. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that vehicular parking between the driveways of 841 and 843 South Dora is prohibited and the curb shall be painted red so as to designate the prohibition of parking. PASSED AND ADOPTED this roll call vote. AYES: NOES: ABSENT: ABSTAIN: day of , 1994, by the following ATTEST: Fred Schneiter Mayor Cathy McKay City Clerk B:I/RESI :kk DORA.843 .-% .. ITEM NO. lOf. DATE: SEPTEMBER 21, 1994 AGENDA SUMMARY REPORT SUBJECT: DESIGNATE A PORTION OF CLAY STREET AS A THROUGH STREET FROM THE WEST SIDE OF STATE STREET TO THE EAST SIDE OF DORA STREET With the planned construction of the Downtown Plaza and the adjacent parking lot, Staff is recommending that Clay Street from State Street to Dora Street become a through street to facilitate circulation and entry into the new facilities. Recently, Stephenson Street between State and School was vacated to facilitate the Plaza. For Clay Street to become a through Street, it is necessary that the existing four-way stop at Oak and Clay be changed to a two-way stop on Oak and the existing two-way stop on Clay at School be reversed by requiring a stop on School. At their regular meeting of September 13, 1994, the Traffic Engineering Committee recommended that Clay Street be made a through street from State Street to Dora. RECOMMENDED ACTION: Adopt resolution making Clay Street a through Street from State Street to Dora Street by removing stop requirement on Clay Street at School Street and Oak Street intersections and by stopping traffic on School and Oak Street approaches to Clay Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Not adopt resolution. Acct. No. (if NOT budgeted):N/A Acct. No.: Appropriation Requested: N/A (If Budgeted) Citizen Advised: Requested by: Charles L. Rough, Jr., City Manager Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Resolution designating a portion of Clay Street as a through street from the west side of State Street to the east side of Dora Street. APPROVED: R:I~PW:kk ASTOPS ? 8" 9 10 11 12 13 14 15 16 17 18 19 20 22 0.3 25 26 27 25 RESOLUTION NO. RESOLUTION DESIGNATING A PORTION OF CLAY STREET AS A THROUGH STREET FROM THE WEST SIDE OF STATE STREET TO THE EAST SIDE OF DORA STREET WHEREAS, the Traffic Engineering Committee has made a recommendation to the City Council that Clay Street from the west side of State Street to the east side of Dora Street be made a through street to facilitate east-west traffic circulation in the downtown area. NOW, THEREFORE, BE IT RESOLVED that pursuant to Article 7, Chapter 1, of Division 8 of the Municipal Code (Section 7100 et. al.,) Clay Street shall be a through street from the west side of State Street to the east side of Dora Street. The School Street and Oak Street approaches to Clay Street shall be required to stop. PASSED AND ADOPTED this the following roll call vote. AYES: NOES: ABSENT: day of , 1994, by ABSTAIN: ATTEST: Cathy McKay, City Clerk B:I~RESI STOPS Fred Schneiter Mayor M.E.M.O.R.A.N.D.U.M · DATE: TO: FROM: September 2, 1994 Traffic Engineering Committee Rick H. Kennedy, DireCtor of Public Works/City Engineer REQUEST TO CHANGE .TWO-WAY STOP AT CLAY AND SCHOOL STREETS FROM EAST-WEST STOP ON CLAY TO NORTH-SOUTH STOP ON SCHOOL, AND TO CHANGE FOUR-WAY STOP AT CLAY AND OAK STREET TO TWO-WAY STOP ON OAK STREET TO TWO-WAY STOP ON OAK STREET ~ With the planned construction of the DowntoWn Plaza and the adjacent parking lot, Staff is reCommending that Clay Street from State Street to Dora Street beCome a through street to facilitate circulation and entry into the new facilities. Recently, Stephenson Street between State and School was vacated to facilitate the Plaza. For Clay Street to become a through Street, it is necessary that the existing four-way stop at Oak and Clay be changed to a two-way stop on Oak and the existing two-way stop on Clay at School be reversed by requiring a stop on School. RECOMMENDATION Forward reCommendation for the above to City .Council for their action. B:I\TEC M~I'OP$ ITEM NO. 109 (i) (ii) DATE: September 21, 1994 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTIONS APPROVING MOU CONTRACTS The City met with the Miscellaneous and Electrical Units to discuss negotiation items for the 1994-96 years. Both parties came to agreement and are requesting that the Council adopt the attached Memorandums of Understanding which are submitted for your review and discussion. This year a two-year contract was agreed upon by both units as requested by the City. All parties worked harmoniously to achieve the results of these agreements as they are submitted for Council approval. RECOMMENDED ACTION: Adopt resolutions. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt resolutions. 2. Refer to Staff for amendments. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Staff and Units ~-~A Prepared by'. Candace Horsley, Assistant City Manager~ Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Resolution for Miscellaneous Unit MOU. 2. Resolution for Electrical Unit MOU. APPROVED: 3: PERLS. SR.NEG94 1 5 6 ? 8 9 10 11 12 15 16 17 18 19 9O 96 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE MEMOP.~%NDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND MISCELLANEOUS UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Miscellaneous Unit; and WHEREAS, the Memorandum of Understanding has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the attached Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement for the Fiscal Years 1994-96. PASSED AND ADOPTED this the following roll call vote: AYES: NOES: day of , 1994, by ABSENT: ATTEST: MAYOR CITY CLERK 3:PER/RES.MOU 1 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 26 27 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND ELECTRICAL UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Electrical Unit; and WHEREAS, the Memorandum of Understanding has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the attached Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement for the Fiscal Years 1994-96. PASSED AND ADOPTED this the following roll call vote: AYES: NOES: day of , 1994, by ABSENT: ATTEST: MAYOR CITY CLERK 3:PER/RES.MOU