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HomeMy WebLinkAbout1994-11-16 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 16, 1994 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance . . o Approval/Correction of Minutes a. Regular Adjourned Meeting of November 1, 1994 b. Regular Meeting of November 2, 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 Accept Report Regarding September 1994 Disbursements b. Deny and Refer to City Insurance Carrier, Claim Received from Gale Bederson c. Receive Report Regarding Acquisition of Contractual Services Pursuant to the Special Procedures Provision of the Ukiah Municipal Code for Truck Scale Foundation, Leachate Main Extension and Miscellaneous Drainage Lines at the Solid Waste Disposal Site d. Receive Report Regarding Acquisition of Contractual Services Pursuant to the Special Procedures Provision of the Ukiah Municipal Code for the Outfall Filters at the Solid Waste Disposal Sites East and West Sedimentation Basins 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. . . UNFINISHED BUSINESS a. Adoption of Resolution Appointing City Treasurer to Fill the Unexpired Term of Robert Ranochak till November 1996 b. Approval of Loan Agreement with State of California for Fuel Tank Construction at the Ukiah Municipal Airport c. Reset Date and Time for Electric Utility Workshop d. Adoption of Resolution Stating Solid Waste Policy Preference NEW BUSINESS a. Execution of Funding Agreement Between City of Ukiah and State of California for the Construction of Federal Aid Railroad Crossing Project on Commerce Drive, Program Supplement No. 005. b. Discussion Concerning Monthly/Quarterly Reports on Conference Center Enterprise - Shoemaker 9. CITY COUNCIIJREPORTS 10. CITY MANAGER/DEPARTMENT I-iF. AD REPORTS 11. CLOSED SESSION - None 12. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. CITY OF UKIAH CITY COUNCIL AGENDA Regular Adjourned Meeting Solid Waste Workshop CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 D AFT November 1, 1994 5=00 p.m. The City Council convened at 5:02 p.m. in a regular adjourned meeting, of which the agenda was legally noticed and posted, for a workshop to review and discuss the Ukiah Landfill and Solid Waste Management alternatives. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. Staff present: City Manager Rough, City Attorney Rapport, City Engineer/Public Works Director Kennedy, Public Works Administrator Sue Goodrick, Finance Director Gordon Elton, Water/Sewer Supervisor Borecky and Assistant to the City Manager Harris. Others present in the audience were: Damon Brown, EBA Wastetechnologies, Willits Landfill Manager David Madrigal, Willits City Manager Gordon Logan, George Butler, Robert Reid, Jim Looney, Mendocino County Solid Waste Manager Paul Cayler, Bruce McCracken, Ukiah Solid Waste, Mendocino County Administrator Mike Scannell, County Administrator, Mendocino Solid Waste Management Authority Manager Mike Sweeney, Ft. Bragg City Manager Gary Milliman, Ft. Bragg Mayor Patti Campbell, Willits Mayor Bruce Burton, and Willits Councilmember Bruce Alfano. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS 3a. Workshop to Discuss Ukiah Landfill and Solid Waste Management Alternatives - Possible CounciI Action Regarding Conceptual Direction The City Engineer/Public Works Director presented his report addressing presumptions regarding the physical aspects of the landfill. Discussion ensued regarding proposed elevations addressing the remaining volume capacity of the landfill site, insurance liability coverages, gas and leachate potential, subtitle D requirements for the landfill. Councilmember Shoemaker questioned the cover dirt calculations and the use of "seat of your pants" best guesses instead of reliance on the 1992 RDSI Study by EBA Wastetechnologies. Discussion ensued regarding landfill capacity in the content of current cover operations and dirt productions with possible future options to increase landfill life. Damon Brown, EBA Wastetechnologies, stated the landfill appears to filling faster than projected and noted it is appropriate to re- evaluate calculations of volumes to develop figures that are current. He explained that last aerial was October 1992, and another aerial would provide current figures. Review of the current landfill volume estimates, closure and post closure requirements, and costs continued. The City Engineer/Public Works Director stated as of June 30, 1995, the funds in reserve for closure and post closure costs will be $620,000, with total closure costs anticipated to be $3.8 million approximately with projected full capacity to be reached in 5 to 7 years. Councilmember Shoemaker stated all costs appear to be too conservative. He noted the new configuration presented by the Public Works Director/City Engineer, which is suggested along the south edge of the landfill footprint, would add 2 years of life to the landfill over and above the stated life in the report. He expressed concern regarding staff allocating excessive cost to Reg. Adj. Mtg. November 1, 1994 Page 1 accomplish this new configuration, but had not added life or revenue that the new configuration would create. The Assistant to the City Manager reviewed the report pertaining to two scenario analysis' pertaining to the current operation of the landfill and the utilization of both inland landfills, with various options. The Finance Director presented a report regarding the financial analyses of each different scenario with different options showing different interest rates of 6% and 8%. Councilmember Shoemaker questioned the additional volume of dirt created by the additional proposed scraper operation and cost per unit of cubic yard of dirt. He noted the amount of dirt created was more than the total capacity of the landfill. The City Engineer explained the cost per hour for operation and the estimated future production volume of dirt. He noted the new filling configuration would be one year. Councilmember Shoemaker questioned the reports showing 6 years of cost. The Finance Director continued with the report regarding the financial analysis of the different scenarios and options. The majority of Council expressed their support for partial funding of post closure scenarios. The City Attorney advised Council they could direct the Environmental consultant when considering alternatives, to conduct an assessment of potential environmental impacts. Councilmember Shoemaker stated as the City representative on the Mendocino Solid Waste Management Authority, which represents other agencies in the County, it is crucial that the City of Ukiah clarify its future direction for the landfill operations in order for the other agencies to make informed decisions. He indicated he prefers to see Ukiah reaffirm its commitment to accept County wide wastestream if feasible by the City environmental impact report results. He also requested Council to take action on 1) authorizing staff to analyze the flexibility of a post closure funding mechanism; 2) Request MSWMA to move forward immediately with the site selection for the transfer station; 3) Wants the City to hire a landfill manager, as was intended, but has not been recommended by the City Manager; and 4) the City Council appoint an ad-hoc committee comprised of two Councilmembers to address landfill issues. Councilmember Shoemaker requested these suggestions be incorporated in a Resolution for Council action which will clarify the City's intent. ' Councilmember Shoemaker stated it will take 24 to 36 months, including CEQA requirements and site selection, for a program to get a transfer station program running. He stated an accurate date of closure for the Ukiah landfill is a critical factor. The City Manager stated it is critical to know if all four agencies in the County will commit to participating in a transfer station operation. Discussion ensued regarding the need to identify tipping fees and surcharges, to assist the other agencies in analyzing the feasibility~of them participating. The City Manager requested direction from Council regarding continue pursuing the City Manager's proposal or to not pursue it any further in the MSWMA Executive Committee. He expressed his belief that there is no need for a landfill manager and expressed his confidence in the qualifications, knowledge and experience of the Director of Public Works/City Engineer and his staff, in managing the landfill. He also expressed his opinion that solid waste/landfill workshops with the full City Council will work better than Ad-Hoc committees. Reg. Adj. Mtg. November 1, 1994 Page 2 The City Attorney advised Council of the need for careful wording of a policy document due to the current EIR development and permitting process. He noted a resolution can be brought back to Council at its next regular meeting. It was the consensus of Council to allow Councilmember Shoemaker to report to the MSWMA at its meeting tomorrow, that the City of Ukiah, upon completion of the EIR and CEQA process, with approval of the landfill permit documents, the City will be willing and able to accept the County's wastestream. The City Attorney advised Council of the legal CEQA process. It was the consensus of Council for staff to develop a resolution concerning a policy direction determined by the Council, without jeopardizing the CEQA process, and present to Council at the November 16, 1994 meeting. ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. CCMIN.178 Cathy McKay CMC/AAE, City Clerk Reg. Adj. Mtg. November 1, 1994 Page 3 CITY OF UKIAH - November 2, 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, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Rough, City Attorney Rapport, Assistant City Manager Horsley, Acting Planning Director Stump, City Engineer/Public Works Director Kennedy, Public Utility Director Barnes, Assistant Redevelopment Director DeKnoblough Finance Director Elton and Public Safety Director Keplinger. Invocation/Pledge of Allegiance Councilmember Wattenburger delivered the Pledge of Allegiance and Councilmember Shoemaker led the Pledge of Allegiance. Introduction of New Employee' The City Manager introduced GordOn Elton, the City's new Finance Director and presented a verbal biography of Mr. Elton's education and experience and personal interests to Council. Mr. Elton stated he is pleased to be of service to the City of Ukiah. 4-Approval/Correction of Minutes of Regular Meeting, October 19, 1994 Councilmember Malone made the following corrections to the minutes of the regular meeting of October 19, 1994 as follows; Page 2, Item 9a., first paragraph, third line, change "Planning Commission,, to "Treasurer"; and same line, change "Cohen" to "Coyne". M/S Shoemaker/Wattenburger to approve the minutes of the regular Council meeting of October 19, 1994, as amended. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Section 1094.6 of the Government Code regarding the appeal process. CONSENT CALENDAR M/S Wattenburger/Mastin to approve ~the Consent Calendar as follows: 6a. Denied the claim received from Patricia E. Walker, and referred it to the City's Insurance Carrier, REMIF. 6b. Awarded the bid for various electrical transformers, for five 15KVA, seven 25KVA, none 37.5KVA, five 50KVA, two 300KVA and one 500KVA transformers to General Electric Supply Company for $5,258.75, $8,419.67, $14,717.70, $8,464.70, $22,139.62 and $11,615.28 respectively; and four 75KVA, three 150KVA and two 300KVA to Western States Electric for $21,214.04, $19,456.23 and $17,052.76, respectively; and one 150KVA transformer to Westinghouse Supply Company for $6,268.76. 6c. Authorized the Mayor to execute the grant of easement to PG&E for overhead electrical facilities at the City of Ukiah Landfill, Assessor Parcel Numbers 178-210-01 and 178-130-01 (PGE Ref. No. GMl134410 and SD75EES1499, on behalf of the City of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. NEW BUSINESS 8a. Adoption of Resolution Supporting the Efforts of the Charter Committee to Form a Girls and Boys Club of Ukiah Hugh McAvoy, Jr., 169 Park Place, introduced members of the Charter Committee which has been formed to for a Girls and Boys Club of Ukiah. He reported on the committee's progress pertaining to political action and community groups which determined the need for a facility based girls and boys club here in Ukiah which should be easily accessed by children. He outlined the progress they have made in forming non-profit status. Council expressed their continued interest in this organization and encouraged them to apply for Ukiah grants for non-profit organizations. Councilmember Shoemaker stated he would like to see the City donate $500 such as was provided for the Mendocino Folklorico where it was a matching grant. M/S Shoemaker/Malone to adopt Resolution No. 95-23, supporting the efforts of the Charter Committee to form a girls and boys club of Ukiah. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. 8b. Designate Councilmember as Alternate to Mendocino Council of Governments Mayor Schneiter nominated Councilmember Shoemaker as an alternate to Councilmember Wattenburger's position on the Mendocino Council of Governments Board of Directors. Councilmember Malone seconded the nomination and the nomination was approved by a unanimous voice vote of all AYE. 8c. Adoption of Resolution Opposing Proposition lSS Mayor Schneiter reported this resolution of support is requested by the American Cancer Society representative, Jane Piper. He reported the statewide ballot proposition 188 is a threat to the legislation that Ukiah has adopted where smoking is not allowed in enclosed public places. The City Attorney advised if this statewide proposition is approved, it will pre-empt local law, and therefore Ukiah could not enforce no smoking in enclosed public places. M/S Malone/Wattenburger to adopt Resolution No. 95-25, opposing Proposition 188 the "California Uniform Tobacco Control Act". The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. Sd. Adoption of Resolution Declaring 273 Clay Street a Public Nuisance and Declaring City Council,s Intent to Commence Abatement Proceedings The City Manager reported on the City's attempts to have the property owner, Beverly Balletto, to abate the uninhabitable conditions of the rental units, which represent a health and safety hazard to the occupants and the public. He outlined the series of inspections, findings and code violations as determined by the building inspector and fire marshall. The City Attorney advised the Council of the legal proceedings necessary to abate a public nuisance. Discussion ensued regarding timeframes associated with hearings and abatement procedures. Councilmember Wattenburger stated it is unfortunate that the City has to resort to legal proceedings to mandate a property owner to provide safe and up to code rental housing, but this situation has Reg. Mtg. November 2, 1994 Page 2 existed for years and is a public nuisance. M/S Wattenburger/Mastin to a~; Resolution No. 95-26, declaring the property located at 273 Street a public nuisance and its intent to commence abatement proceedings pursuant to Ukiah City Code Sections 3300 et seq. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. AbSent: None. Se. Consideration of City Commitment to Economic Development Financing Corporation of Mendocino County The Assistant Redevelopment Director reported in early 1991, a $850,000 grant was provided by Department of Housing and Urban Development for the .purpose of regional economic development among the north cost counties. This grant is to be administered by the Redwood Regional Economic Development Commission (RREDC) of Humboldt with funds distributed to Humboldt, Del Norte and Mendocino Counties. He noted Mendocino County's apportionment of $250,000. He explained the steering committee has been meeting two years to determine the use of these funds. He noted the process has continued to evolve through the facilitation of Mendocino Council of Governments as the appropriate County wide JPA. He reported after the initial committee completed their initial task, MCOG recruited a second steering committee, which has recommended and approved by MCOG to establish the Economic Development and Finance Corporation (EDFC) of Mendocino County. He explained this agency is an independent, private , non-profit corporation with a 12 member Board of Directors, of which the City of Ukiah will hold a voting seat. He ~eported on the proposed funding distribution based on a dollars per population ration for each of the various public agencies, in an amount of .75 cents per person for the municipalities and .50 per person for the County population. He noted Ukiah's contribution will be $15.050. with the total funds received from all agencies $47,840. ., Councilmember Mastin reported on the 21 member committee's progress in its formation of a economic development committee in this County which will receive federal funding. Discussion ensued regarding the proposed staffing for this committee, the costs, how this will be funded, and concern regarding past problems with the prior economic development committee. M/S Shoemaker/Wattenburger to support the formation of the Economic Development and Finance Corporation (EDFC) in concept by a unanimous voice vote of all AYE. 8f. Approval of Demolition Permit Application to Demolish a Single Family Residence Over 50 Years Old Located at 351 South Oak Street, as filed by Ukiah Redevelopment Agency The Planning Director and Assistant Planner reported on October 28, 1994 the Demolition Permit Review Committee voted 3-1 to approve a demolition permit application to demolish the single family residence located at 351 South Oak Street. He noted the purpose of the demolition project is to remove the residence and create additional area for the new downtown City plaza parking facility. He reported on the history of the building. He explained the request for demolition is contingent upon failing to secure relocation of the structure first. . Council queried staff regarding attendance at recent Demolition Permit Review Committee meetings. Councilmember Shoemaker stated he does not like how this committee is set up with so much City staff it is not an open process. He stated it is critical to have full public member attendance at each meeting. Staff reiterated their dissatisfaction with the process and noted that a number of recommended changes to the system are near completion. Reg. Mtg. November 2, 1994 Judy Pruden, 304 South Hortense, stated she would like to see housing stock preserved and this house is still viable, although in disrepair, it could be moved. Council queried staff regarding serious interested parties for moving the structure. M/S Schneiter/Wattenburger determined.that this structure is not historical, cultural or architecturally significant, and approve the demolition permit for the single family residence over 50 years old located at 351 South Oak Street. Councilmember Shoemaker indicated he would like to see a condition to move this structure instead of allowing demolition, and expressed concern for the short time allowed for receiving moving offers. ir Discussion ensued regarding allowable legal action by Council based on the motion of the floor. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, and Mayor Schneiter. NOES: Councilmember Shoemaker. Absent: None. 8g. Authorize Approval to Purchase Grant Funded Radar Trailer and Begin Implementation of Program The Public Safety Director and Officer Chrism Dewey reported the State of California Office of Traffic Safety has authorized the purchase of the radar trailer ($13,985.40) and continued training in the use of traffic grants for educating our community ($3,000). They reported on how the solar powered radar trailer will be implemented for speed reduction and awareness programs. · M/S Mastin/Wattenburger authorized approval to purchase grant funded radar trailer and begin implementatiofl' of this program, with a personal thank-you and compliment to Officer Chrism Dewey for his efforts in securing this grant with programs. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Absent: None. CITY COUNCIL/REPORTS Councilmember Mastin reported the Pumpkin. festival was excellent. Councilmember Malone reported he attended a Main Street Annual Dinner in the new Conference Center last Friday, commended the Pumpkin festival activities in which the weather was cooperative. Councilmember Wattenburger commended City staff and the Pumkinfest committee who spent a tremendous amount of time and energy to create its success this year. Councilmember Shoemaker noted he would like a report concerning his Redevelopment paychecks, reported on MSWMA actions, and reported on the League of California Cities legislative actions concerning the proposed resolutions at the Annual conference in Long Beach that he attended. Mayor Schneiter reported on the Russian River F%ood Control District meeting he attended with staff, and noted he would like Council to address hiring a legal group concerning water rights, and he reported on the re-injection of wastewater into the geysers in Lake County in which NCPA is participating, and reminded Council of the candlelight vigil in front of the Civic Center regarding opposition to Proposition 187, concerning illegal immigration. CITY MANAGER/DEPARTMENT HEAD REPORTS None. CLOSED SESSION 11a. As per Gov. Code Seotion 54956.9(b.l.3A) - Conferenoe with Reg. Mtg. November 2, 1994 Page 4 · . . . .. ? ., ITEM NO. 5a DATE: NOVEMBER 16, 1994 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS MADE DURING THE MONTH OF OCTOBER 1994 Payments made during the month of October, 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: Gordon Elton, Director of Finance Coordinated with: Paulette Klingbeil 463-6230 Attachments: Report of Disbursements APPROVED: B:I/FIN:kk ADISBURSEMENTS CITY OF UKIAH REGISTER OF PAYROLL AND DEMAND PAYMENTS DATE: OCTOBER, 1994 Demand Payments approved: Check No. 67781 to 68164 inclusive. FUNDS: 100 General Fund $91,505.62 120 Capital Improvement 140 Park Development 141 Museum Grants $250.00 142 National Science Foundation $6,649.96 200 Asset Seizure $104.57 220 Parking Dist. Rev. Fund $609.12 230 Parking Dist./il Rev. Fund 260 Downtown Bus. Imprv. Dist. 300 Gas Tax $35,992.45 315 Airport Capital Improvement $132,646.05 320 Airport Clear Zone 332 Fed. Emergency Shelter Grant $15,718.00 400 Recreation Enterprise $4,516.20 405 Youth Services Ukiah $52.14 410 Conference Center Fund $8,073.42 550 Lake Mendocino Bond 575 Garage $8,892.40 600 Airport $ 6,123.55 610 Sewer Service 611 Sewer Construction Fund $18,514.68 612 City/District Sewer $28,323.78 640 Sanitation Dist. Revolving $110.45 650 Sanitation Cap. Improv. (Spec] $68,068.85 660 Sanit. Disp. Site $47,803.86 662 663 665 670 675 678 680 693 695 696 697 698 800 805 820 840 841 9OO 940 95O 960 962 965 966 150 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. Civic Center Construction PAYROLL CHECKS NO. 56019 to 56227 PAYROLL PERIOD 09/25/1994 to 10/08/1994 PAYROLL CHECKS NO. 56228 to 56432 PAYROLL PERIOD 10/09/1994 to 10/22/1994 TOTAL DEMAND PAYMENTS TOTAL PAYROLL DED. CHECKS TOTAL PAYROLL CHECKS TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the Ci~ Council on $50,863.09 $970.08 $110,484.09 $6.93 $2,367.84 $21,633.06 $3,560.56 $4,762.49 $9,999.00 $591,754.67 $10,153.43 $45,730.82 $939.23 $114,782.93 $572.60 $ 7,099.37 $6,335.06 $ 375,539.13 $1,831,509.48 $128,145.72 $305,360.41 $2,265,015.61 City Clerk tJi APPROVAL OF CITY MANAGER Ih~J~ex~m!jf ~~ ~1' r and approve same. CI~ Manager i~ j~ CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve same for accuracy and available funds. Director of Finance · Z n~ WW nO Z~ Ld~Z L ._ L · L C~ 0-'-.~ · k...L ~0 ~ ~WW ~_W Zl.d z~ ~ , ~ Z~ ~ ZO ~0 ¢ ¢ ~";( ( ¢ ¢ ¢ ':,::( r (' ~ ~° ° g Z Z Z ~ 0 Z ~tO bJ~3 : ~W ~n., 0 Z W O3 Z.J 5,,, !.=1 0:::) z,,, 0'0 ' · 'h t_ L_ · .;;, L W~ t ' WI- 'Z ! ! ! · o.o. 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ON z '~q z :o~ o~oo~oo~ooo o o~ o~ooo0ooooo0 ~ o : 0 ~ 'oo', o 0 0o0oo~ooo , o, 1!il ? · · .e~ · e~ e~ · ' · ~ e~ · ~ · e~ · · e · eJ ,J e. ,::; · I ' t · · e~ · . ;: o~o~Ooooo!o[o :Y ~ i ~ t ~ Jo~ J ~o : t~: ~ i ' ' ~ ~i~' ~ ~ i ~ ,~-' ~ ~ ~ ~lz i~ , z z~z~z~< ~ ~ , ~ I ~i w~ ~ ~w I m I~ ; I f ~ I j ~ ~ .IZ Z Z~ Z < 0 u~ I.-- ~CDCD > ITEM NO: 5b MEETING DATE: November 16, 1994 AGENDA SUMMARY REPORT SUBJECT: Claim for Damages, Deny and Refer to Insurance Carrier The claim from Gale Bederson was recieved by the City Clerk on November 2, 1994, for alleged damages from when her dog was picked up and impounded by the Mendocino Animal Control on October 6, 1994. She was advised by the Animal Control office to file a claim with the City of Ukiah. RECOMMENDED ACTION: Deny the claim for damage received from Gale Bederson and refer it to the City's insurance carrier. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not take action therefore extending the amount of time in which the claimant may file suit, 2. Approve the claim and authorize payment of damages. Acct. No. (if NOT budgeted): N/A Acct.No: Appropriation Requested: N/A Citizen Advised: N/A / Requested by: Claimant .~/~/~ Prepared by: Cathy McKay, City Clerk i~ Coordinated with: Charles L. Rough, Jr., CiTy Manager Attachments: Copy of~~ APPROVED ~~~' ~ NOTICE OF C~AZ,.I AGAi::S~ .:qE CiTY GF Ukiah (Gore .... eh. Code ss 910, , ~ ,.,-._,'~ ,-~q: %~ ~, · ." [ . RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah. r_a]ifornia 95482 Phone No. Res. Work. ~/~ -/~ ~ Zip Ccce NI~LE AND ADD.~SS OF P----RSON TO WHOM NOTIC----S REGARDING THIS CLAI:.I SF. CULD BE SE~.IT (if da,_erent t_ban above): , ,,,,, DAT?- OF ~ -~ - T-- ACCID~}JT OR OCCU~.K~-JC-'-: GE}~F-RAL DESC_%I?TION OF, T--~-- ACCiDE}~ OR OCCLqq-~~ (a~_ac.,~ ~ addit'_~' hal page: re space is needed): D ~'~N CAUS I T-qE IIIJU~Y OR LOSS N/~-tES AND-ADD~ESS OF T~!_"/.rESSES: le NA/4E AND ADDRESS OF DOCTCRS, HOSPIT.~LS ~';~V-RE T.R~T.~_D: NA~4E ,. ADDRESS · -8- t TOTAL AMOUNT CLAIMED: THE BASIS OF COMPUTING THE TOTAL ~24OUNT CLAIMED IS AS FOLLGWS: Damages 'incurred to date: Expenses for medical hospital care: Loss of earnings: Special damages for: t General D~mages $ Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ Future loss of earnings: $ Other prospective special damages: $ Prospective general damages: $ I/We, the undersigned, declare under penalty of perjury that I/we have- read the foregoing claim for damages and know the contents thereof; that the sazne is true of my/our own knowledge and belief· save and except as to those matters wherein stated on information and belief· and as to them, I/we believe it to be true. . SIGNATURE OF CLATI. L~NT ( S ) Received in City Clerk's Office this ~ d~'y of k/o V. s z ~ATU~E '- · 199~. * . -. . * * * * * * * * * * . . . . . * * * * * . * . . , . , . FOR CLAIMS RELATING TO INJURY TO PERSON OR PERSONAL PROPERTY, THiS MUST BE FILED WITH THE'CITY OF _ UKIAH WITHIN SIX FROM THE ACCRUAL OF THE CAUSE OF ACTION. A CLAI.M RELATING TO AIIY CAUSE OF ACTION SHALL BE PRESE~.ITED NO LATER THAN ONE Y~--~R AFTER ~C~.qU~ OF T!IE CAUSE OF ACTION. RECEIVED CITY OF U:(!,~H NOV ~ 6 1994 ITEM NO. 5c DATE:NOVEMBER 16, 1994 AGENDA SUMMARY REPORT SUBJECT: RECEIVE REPORT REGARDING ACQUISITION OF CONTRACTUAL SERVICES PURSUANT TO THE SPECIAL PROCEDURES PROVISIONS OF THE UKIAH MUNICIPAL CODE FOR TRUCK SCALE FOUNDATION, LEACHATE MAIN EXTENSION AND MISCELLANEOUS DRAINAGE LINES AT THE SOLID WASTE DISPOSAL SITE SUMMARY In compliance with 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 services exceeding $10,000 pursuant to the Special Purchasing Procedures, Article 3, Chapter 6 of the City of Ukiah Municipal Code. Pursuant to this Code, the City Manager has the authority to secure by open market procedures contractual services regardless of the amount of the expenditure under emergency conditions. The services acquired from Epidendio Construction, in the amount of $10,218, were for the purpose of constructing the leachate main and miscellaneous drainage lines at the Disposal Site. The immediate construction of the leachate main and drainage lines prior to the rainy season was necessary to prevent potential adverse affects of leachate runoff. In addition, services were acquired from Donald R. Ferranti, in the amount of $11,382.00 for the purpose of constructing the truck scale foundation at the Solid Waste Disposal Site prior to the arrival of the scale on November 1, 1994. Pursuant to the above mentioned Code, the City Manager authorized Staff to obtain the services of Epidendio Construction and Donald R. Ferranti. Both projects were competitively bid pursuant to the informal bidding procedures. The memorandums requesting the City Manager's authorization and the bid results are attached. RECOMMENDED ACTION: None. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Coordinated with' Attachments: Acct. No. (if NOT budgeted):N/A Acct. No.: 660.7301.250 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Engineer Prepared by: Sue Goodrick, Public Works Administrator 463-6280 Rick H. Kennedy, Director of Public Works/City Engineer ~--~ Charles L. Rough, Jr., City Manager APPROVED' R: I ~,LANDFILL:kk ATRUCK.SCA , Memorandums to City Manager Dated October 4 & 7, 1994 Bid Results M.E.M.O.R.A.N.D.U.M DATE: October 4, 1994 TO: FROM: Charles L. Rough, Jr., City Manager/Purchasing Officer Rick H. Kennedy, Director of Public Works/City Engineer RE: REQUEST TO EVOKE THE SPECIAL PURCHASING PROCEDURES OF THE MUNICIPAL CODE FOR THE ACQUISITION OF CONTRACTUAL SERVICES RELATED TO TRUCK SCALE AT LANDFILL (SECTION 1530 et. al.) In anticipation that the scale foundation work would cost less than $10,000, the procedures set forth in Section 1522, "Open Market and Contractual Service Procedures", and Chapter 6, Article 4, "Informal Bidding", of the Municipal Code were followed. Pursuant to Sub-section Clb of Section 1522, the City Council must approve all Public Works contracts costing more than $10,000, and pursuant to Chapter 6, Article 3, "Special Procedures", the City Manager is empowered to secure by open market procedures contractual services regardless of the amount of the expenditure under emergency conditions. Emergency conditions are applicable where the immediate procurement is essential to prevent delays in the work which may vitally affect the life, health or convenience of citizens. It is paramount that the foundation work for the truck scale begin immediately. The scale is due November 1, 1994, for placement on the foundation. Another important factor working against us is the oncoming rain season. I request that you evoke the provisions of Chapter 6, Article 3, of the Municipal Code, and award the truck scale work to the low bidder, Donald R. Ferranti in the amount of $11,382. Pursuant to the Notice to Bidders, the City must issue the Purchase Order prior to 4:30 p.m. on Tuesday,R:R.~.~1994.MRou~., ~,.^~mLLTimeOCt°beris of 4,the 1994,essence.tO enable the contractor to complete the work~~tober /X~[I ~, ~21' M.E.M.O.R.A.N.D.U.M DATE: TO: FROM: RE: October 7, 1994 Charles L. Rough, Jr., City Manager/Purchasing Officer Rick H. Kennedy, Director of Public Works/City Engineer REQUEST TO EVOKE THE SPECIAL PURCHASING PROCEDURES OF THE MUNICIPAL CODE FOR THE ACQUISITION OF CONTRACTUAL SERVICES RELATED TO LEACHATE EXTENSION AND MISCELLANEOUS LINES AT LANDFILL (SECTION 1530 et. al.) In anticipation that the leachate main extension and miscellaneous drainage lines work would cost less than $10,000, the procedures set forth in Section 1522, "Open Market and Contractual Service Procedures", and Chapter 6, Article 4, "Informal Bidding", of the Municipal Code were followed. Pursuant to Sub-section Clb of Section 1522, the City Council must approve all Public Works contracts costing more than $10,000, and pursuant to Chapter 6, Article 3, "Special Procedures", the City Manager is empowered to secure by open market procedures contractual services regardless of the amount of the expenditure under emergency conditions. Emergency conditions are applicable where the immediate procurement is essential to prevent delays in the work which may vitally affect the life, health or convenience of citizens. It is paramount that the leachate main and, in particular, the drainage lines begin immediately. The major factor working against us is the oncoming rain season. The drain lines as called for are needed now. I request that you evoke the provisions of Chapter 6, Article 3, of the Municipal Code, and award the leachate main extension and miscellaneous drainage lines to the low bidder, Epidendio Construction in the amount of $10,218. Pursuant to the Notice to Bidders, the City must issue the Purchase Order prior to 4:30 p.m. on Tuesday, October 7, 1994, to enable the contractor to complete the work prior to October 21, 1994. Time is of the essence. RHK:kk R: ! \LAN DF ILL MROUGH ITEM NO. 5d DATE: NOVEMBER 16, 1994 AGENDA SUMMARY REPORT SUBJECT: RECEIVE REPORT REGARDING ACQUISITION OF CONTRACTUAL SERVICES PURSUANT TO THE SPECIAL PROCEDURES PROVISION OF THE UKIAH MUNICIPAL CODE FOR OUTFALL FILTERS AT THE SOLID WASTE DISPOSAL SITE'S EAST AND WEST SEDIMENTATION BASINS SUMMARY In compliance with 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 Harborth Excavating, in the amount of $9,200.00 for the installation of an outfall filter at the Solid Waste Disposal Site's east sedimentation basin and from Donald R. Ferranti, in the amount of $9,658.00, for the installation of an outfall filter at the Disposal Site's west sedimentation basin. Both projects were competitively bid pursuant to the informal bidding procedures. The bid results are attached. The development and installation of filter systems for the sedimentation ponds will be funded with funds within the Solid Waste Disposal Site Improvement Fund (660.7301-250), as identified and approved in the 1994-95 Fiscal Budget. RECOMMENDED ACTION: None. Report is submitted pursuant to Municipal Code. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Acct. No. (if NOT budgeted):N/A Acct. No.: 660.7301.250 Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Sue Goodrick, Public Works Administrator 463-6280 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. Bid Results APPROVED' R: 1 \LANDFILL:kk AFILTER ITEM NO. ?a DATE: November 16, 1994 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF CITY TREASURER On November 10 the City Council interviewed the four candidates for City Treasurer, Patrick Coyne, Allan Johnson, Lee Lowery, and Ray Worster. Appointment of the citizen to complete the unexpired term of Bob Ranochak is now before the Council. Action should be taken to adopt a resolution identifing the individual and the remaining term of office. RECOMMENDED ACTION: City Council adopt resolution appointing citizen as City Treasurer. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine City Treasurer position is not to be filled, take no action to set interviews, and direct staff to initiate procedure to take over responsibilities. 2. Determine non of the candidates are qualified, do not adopt resolution, and direct staff to reinitiate recruitment process. Acct. No. (if NOT budgeted): Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' City Treasurer candidates Michael F. Harris, AICP, Assistant to the City Manager ~~ Charles L. Rough, Jr., City Manager 1. Resolution for adoption, page 1. APPROVED: Ch"-arles L. Rough,'Jr. City Manager mfh:admin ASR TREASURER APPOINTMENT 11/16/94 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 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENT TO FILL THE UNEXPIRED TERM OF CITY TREASURER, ROBERT RANOCHAK WHEREAS, City Treasurer Robert Ranochak has retired and submitted his resignation effective September 23, 1994; and WHEREAS, this action created a vacancy in this elected office, the term of which expires in November 1996; and WHEREAS, it was the decision of this City Council to advertise the City Treasurer vacancy, solicit citizens to complete an application, and interview candidates for this position; and WHEREAS, the City Council conducted interviews of four applicants in public session on November 10, 1994. NOW THEREFORE, BE IT RESOLVED that the City of Ukiah City Council does hereby appoint to fill the unexpired term of City Treasurer Robert Ranochak, which expires November 1996. PASSED AND ADOPTED this 16th day of November, 1994 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN- ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk mfh:admin RESOLUTION CITY TREASURER APPOINTMENT 11/16/94 ITEM NO. 7b DATE: November 16, 1994 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LOAN AGREEMENT WITH STATE OF CALIFORNIA FOR FUEL TANK CONSTRUCTION AT THE UKIAH MUNICIPAL AIRPORT On September 7, 1994, the City Council authorized the City Manager to execute a Loan Application in the amount of $165,000, for the construction of the Above Ground Fuel Storage Tank Project at the Ukiah Municipal Airport, and authorized staff to accept a loan and expend monies for the project if the loan did not exceed a 10-year term, at an interest rate of 5%. On October 5, 1994, the City Council awarded the construction of the project to Beacom Construction in the amount of $149,734, subsequent to written confirmation of an approved loan. A Notice to Proceed with the work was issued to the contractor on November 4, 1994. The attached 10-year Loan Agreement with the State Department of Transportation is being submitted for Council's final approval and authorization to execute the Agreement with the interest amount of 5.8957%, with a total indebtedness of $225,868. Attachments to the Loan Agreement indicate the required payments, including principal, for the 10-year period. RECOMMENDED ACTION: Approve the loan and authorize the Mayor to execute the Loan Agreement with the State Department of Transportation, on behalf of the City, for the amount of $165,000, at a term of 10 years, with an interest rate of 5.8957%. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not accept loan and either cancel construction contract or procure other funding. Acct. No. (if NOT budgeted): 600.5001.902 Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Rick Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachment: 1. Loan Agreement 2. Payment Schedule APPROVED: 4/CM:ASRLoan STA'rE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LOAN NO.: Mert-3-94-L-2 AIRPORT: Ukiah Municipal CALIFORNIA AIRPORT LOAN AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO THIS 7th DAY OF NOVEMBER, 1994, BY AND BETWEEN THE STATE OF CALIFORNIA, Department of Transportation, hereinafter referred to as 'STATE," AND THE CITY OF UKIAH, a political subdivision of the State of California, hereinafter referred to as 'PUBLIC ENTITY." WHEREAS, the Legislature has provided lhe STATE may render assistance to a political subdivision or political subdivisions jointly in the form of loans for the purpose of planning, acquisition, construction, improvement, maintenance, or operation of an airport owned or controlled, or to be owned or controlled by the political subdivisior~ or subdivisions; and WHEREAS, STATE has provided, through regulations, loan assistance to eligible political subdivisions which have met certain conditions of eligibility; and WHEREAS, this project meets all criteria for an eligible project as set forth in Public Utilities Code, Section 21602, and Title 21, Subchapter 4.5, of the California Code of Regulations, California Airport Loan Program Regulations, Sections 4071 and 4072; NOW, THEREFORE, In consideration of the covenants and conditions herein contained, STATE and PUBLIC ENTITY agree as follows: 1. The provisions of Title 21, Subchapter 4.5, of the California Code of Regulations, California Airport Loan Program Regulations, are hereby incorporated in and made a part of this agreement. 2. STATE will lend PUBLIC ENTITY the sum of $165,000 for the purchase and installation of a 20,000 gallon above ground fuel storage tank hereinafter referred to as the 'PROJECT." The loan will extend for a period ot~ 10 years at an annual interest rate of 5.8957 percent. 3. All money disbursed to PUBLIC ENTITY under this agreement, and all interest earned on such money shall be used solely for the payment of costs necessarily incurred by PUBLIC ENTITY for the completion of the PROJECT and repayment of STATE's loan. 4. PUBLIC ENTITY shall deposit all loan funds received from STATE and income received from tile PROJECT in a separate account within the airport's special aviation fund as required by Section 4073(d), Title 21 of the California Code of Regulations. PUBLIC ENTITY agrees to hold the funds in the separate account in trust for repayment of this loan and accrued interest. PUBLIC ENTITV expenditures from this account are limited to the PROJECT's normal maintenance costs and expenditures made pursuant to the terms of this agreement, until STATE's loan and accrued interest ar~ fully repaid. 5. PUBLIC ENTITY shall repay the principal amount in successive annual payments in accordance with Exhibit A plus accrued interest, The annual payments b~come due one year from the date the warrant is issued to PUBLIC ENTITY and each year thereafter. Interest will be computed on a daily basis. 6. Upon completion of the PROJECT, a 'Statem6nt" will be filed with STATE itemizing all costs incurred by PUBLIC ENTITY for PROJECT. 7. PUBLIC ENTITY agrees that all money received from STATE for PROJECT in excess of actual cost of project shall be returned to STATE to be applied to the loan principal to accelerate the repayment of the loan. 8. PUBLIC ENTITY may make additional payments of any or all of the principal amount of the loan at any time with the accrued interest without penalty. However, prepayments shall not relieve PUBLIC ENTITY of its obligation to make the annual payments in accordance with Exhibit A and accrued interest on the loan anniversary date until the loan is repaid in full. 9. Payments shall be made payable to the order of the Department of Transportation, Division of Aeronautics, P. O. Box 942874, Sacramento, California 94274-0001. 10. PUBLIC ENTITY agrees to complete the construction of the PROJECT not later than December 15, 1995. This date may be extended by the written approval of STATE. 11. PUBLIC ENTITY agrees to complete the PROJECT in accordance with the plans and specifications or with any revisions to sucl~ plans which have been reviewed and accepted by State. 12. STATE shall have the right to Inspect the PROJECT af. any time during the life of this agreement. Page 1 of 2 (R) 13. PUBLIC ENTITY agrees not to relocate, sell, transfer, exchange, mortgage, hypothecate, or encumber in any way whatsoever all or any portion of the PROJECT or any real or other property necessarily connected or used in conjunction therewith without prior permission of STATE. 14. PUBLIC ENTITY agrees that all books, records, and accounts relating to this agreement shall be available for examination by STATE and shall be retained for at least three (3) years after retirement of the loan. 15. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PUBLIC ENTITY under or in connection with any work, authority, or jurisdiction delegated to STATE under this agreement. Pursuant to Government Code, Section 895.4, PUBLIC ENTITY shall indemnify, hold harmless, and defend STATE, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the construction, operation, or maintenance of the PROJECT. 16. This agreement and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. 17. PUBLIC ENTITY shall execute this agreement before December 15, 1994 or this agreement shall be deemed null and void. IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed by their respective officers, duly authorized, the provisions of which agreement are effective as of the day, month, and year hereinabove written. PUBUC ENTITY'S ACCEPTANCE CITY OF UKIAH Public Entity By Authorized Signature STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Division of Aeronautics I hereby certify that all conditions for exemptions set forth in State Administrative Manual, Section 1209, have been complied with and this document is exempt from review by the Department of Finance. Title Date MARLIN BECKWITH, Chief Division of Aeronautics Date Amount Encumbered: PUC Code Section: 21602 Chapter 901; Statutes of 1986 Local Airport Loans I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. Signature of Accounting Officer Department of Transportation Date FOR DEPARTMENT OF GENERAL SERVICES USE ONLY Page 2 of 2 (R) City of Ukiah Loan Agreement MEN-3-94-L-2 EXHIBIT A Schedule for Repayment of Principal on Airport Loan Department of Transportation Division of Aeronautics Airport Loan Program Airport Name: Ukiah Municipal Year Principal Due 1 $9,324 2 10,974 3 12,624 4 14,274 5 15,924 6 17,574 7 19,224 8 20,874 9 22,524 10 21,684 Total $165,000 AIRPORT FUEL TANK LOAN FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION LOAN NO.: Men-3-94-L-2 PAYMENT # DATE INTEREST PRINCIPAL PAYMENT BALANCE 5.8957% Beginning balance 165,000 1 FY 95/96 9, 728 9,324 19,052 155,676 2 FY 96/97 9,178 10,974 20,152 144,702 3 FY 97/98 8,531 12,624 21,155 132,078 4 FY 98/99 7,787 14,274 22,061 117,804 5 FY 99/00 6,945 15,924. 22,869 101,880 6 FY 00/01 6,007 17,574 23,581 84,306 7 FY 01/02 4,970 19,224 24,194 65,082 8 FY 02/03 3,837 20,874 24,711 44,208 9 FY 03/04 2,606 22,524 25,130 21,684 10 FY 04/05 1,278 21,684 22,962 0 ITOTAL PAID I ,0001 NOTES: 1. The first payment is due 12 months after the date the state's warrant is issued. 2. Prepayment is allowed without any prepayment penalty. 3. Any loan proceeds not used for the project must be used to reduce the loan balance. AIRTNKLN.XLS Printed 11/10/94 ITEM NO. 7c DATE: November 16, 1994 AGENDA SUMMARY REPORT SUBJECT: RESET DATE AND TIME FOR ELECTRIC UTILITY WORKSHOP As the City Council is aware, I proposed to you in a memorandum, dated September 27, 1994, that we convene a City Council Electric Utility Workshop in November to discuss a broad range of important Electric Utility related issues. The City Council concurred with the idea of the Workshop, and set November 10, at 5:00 p.m., for that meeting. In that same memorandum, I listed a number of discussion topics for the workshop, and invited each of you to let me know about any additional topics you would like either researched or discussed for the Workshop. Several of you contacted me and provided me with suggestions for the list of topics. Earlier last week, in reviewing the various components of staff work and preparations for the Workshop, I concluded more staff work and preparation needed to be done for the benefit of Council in order to adequately and thoroughly address the many topics on the Workshop Agenda. In light of these developments, I asked the Mayor if we could cancel and reschedule the Workshop. He concurred; and staff is, therefore, submitting for your consideration Tuesday, November 22, or Tuesday, November 29, 1994, as alternate dates for the Workshop. RECOMMENDED ACTION: After discussion, Council select a time on either Tuesday, November 22, 1994, or Tuesday, November 29, 1994, to hold the Electric Utility Workshop. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Select alternate dates for the workshop. Acct. No. (if NOT budgeted): N/A Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Prepared by: Charles L. Rough, Jr., City Manager Attachments: 1. None. 4/CM/ASRElec ITEM NO. 7d DATE: November 16, 1994 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION STATING SOLID WASTE POLICY PREFERENCE At the City Council Solid Waste Workshop on November 1, 1994, the City Council requested that a resolution be brought back to the Council that reflected the conceptual direction that emanated from the Workshop, and which also took into consideration our pending Environmental Impact Report for the Landfill. The resolution, prepared by our City Attorney, is attached for your review and consideration. RECOMMENDED ACTION' City Council adopt resolution starting solid waste policy preference. ALTERNATIVE COUNCIL POLICY OPTIONS- 1. Council adopt revised resolution. Acct. No. (if NOT budgeted)' N/A Acct. No.' Appropriation Requested' N/A (if budgeted) Citizen Advised' N/A Requested by: City Council Prepared by: Charles L. Rough, Jr., City Manager Attachments: 1. Resolution APPROVED: 4/CM/ASRRes RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH STATING SOLID WASTE POLICY PREFERENCE. WHEREAS, 1. The City of Ukiah ("City") has applied to the Mendocino County Department of Environmental Health, which is the Local Enforcement Agency (LEA), and the California Integrated Waste Management Board (the Board) to amend its solid waste facilities permit for its solid waste disposal site (Landfill); and 2. The City has sought to amend its permit to allow the disposal of up to 190 tons of solid waste per day at the Landfill (the Project); and 3. This higher volume would accommodate the entire Mendocino County waste stream for the remaining life of the Landfill; and 4. Under the Guidelines for the California Environmental Quality Act (CEQA), the City is the "Lead Agency," because it must carry out the Project (see 14 California Code of Regulations (CCR) §15051(a)) ; and 5. As the Lead Agency the City has prepared a draft Environmental Impact Report (EIR) and is in the process of preparing a supplement to the draft. Once approved by the City, the final EIR will be used by the LEA and the Board in acting on the City's application. In conformity with the Guidelines, the supplement will, among other things, identify, analyze and discuss alternatives to the Project which could feasibly accomplish most of the basic purposes of the Project, while avoiding or substantially reducing one or more of the significant adverse effects of the Project (see 14 CCR §15088.5(d)); and 6. The City cannot approve the Project before it has adopted a final EIR for the Project and made any necessary findings in connection with its approval; and 7. The cities in Mendocino County and the County have formed a joint powers agency called the Mendocino Solid Waste Authority (MSWA) to develop county-wide solutions to solid waste problems; and 8. In carrying out the purposes of MSWA, the other cities and the county need an indication from the City Council before it can complete the final EIR as to whether the City will accept the full county waste stream at the Landfill and whether it supports the siting of a transfer station to receive solid waste for transport out of the county, after the Landfill closes; and s:\u\resos94\landfil.msw November 10, 1994 9. The City Council wants to provide such assurance as it can before it has completed the analysis of project.alternatives and approved the final EIR for the Project; NOW, THEREFORE, BE IT RESOLVED as follows: 1. As exemplified by the Project application, the City Council supports the use of the Landfill as a regional disposal site for Mendocino County, subject to its review and evaluation of Project alternatives as required by CEQA. Having stated this policy preference, the City Council affirms its intention to impartially evaluate and consider on their merits Project alternatives and to pursue the Project application only if the Project remains the best project, in its judgment, taking into consideration the environmental impacts of the Project in comparison to the impacts of the Project alternatives. 2. The City Council directs its representatives to MSWA to convey to the MSWA Board, the City Council's conceptual support for siting a transfer station and the City Council's willingness to participate in the process of developing a suitable transfer station for collecting and preparing solid waste for transport out of the county at such time that no suitable disposal site exists within the county. The City Council's support for the concept of a transfer station is subject to the qualifications stated in paragraph 1 of this resolution. PASSED AND ADOPTED this roll call vote: __th day of November 1994, by the following AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk s:\u\resos94\landfil.msw November 10, 1994 ITEM NO. 8a DATE: NOVEMBER 16, 1994 AGENDA SUMMARY REPORT SUBJECT: EXECUTION OF FUNDING AGREEMENT BETWEEN CITY OF UKIAH AND STATE OF CALIFORNIA FOR THE CONSTRUCTION OF FEDERAL AID RAILROAD CROSSING PROJECT ON COMMERCE DRIVE, PROGRAM SUPPLEMENT NO. 005. As conditional in the Wal-Mart Store Site Development Permit No. 90-87, railroad warning lights and crossing gates are to be installed at the railroad crossing with Commerce Drive by Wal-Mart, applicant. The City agreed to assist the applicant by requesting that the crossing be placed on a priority list for receiving crossing gates and federal funding up to 90 percent of the project cost. Notwithstanding potential federal funding, the applicant is financially responsible for any and all costs not funded by grants. The crossing has been placed on the priority list and federal funding of 90 percent of the project cost is available. The attached State-Local Agency funding agreement, Program Supplement No. 005 to Agreement No. 01-5049, has been submitted to the City for execution. It is to be noted that such funding agreements are made with Local Agencies and not with private individuals or corporations. As conditioned, Wal-Mart will reimburse the City the amount of the local share. RECOMMENDED ACTION: Authorize the Mayor to execute Program Supplement No. 005, Local Agency-State Agreement No. 01-5049 for Federal Funding of Railroad Crossing Project STPLR-5049 (1) on Commerce Drive. ALTERNATIVE COUNCIL POLICY OPTIONS: None, if Federal Funding is desired. Acct. No. (if NOT budgeted):N/A Acct. No.: N/A Appropriation Requested: N/A (If Budgeted) Citizen Advised: N/A Requested by: N/A Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Charles L. Rough, Jr., City Manager Attachments: 1. Agreement 2. Condition 4 of Permit No. 90-87 APPROVED: R: I \PW:kk ARAILROAD STATE OF CALIFORNIA--BUSINESS, TRANSPORTATION AND HOUSING AGENCY PETE WILSON, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 1, P.O. BOX 3700 EUREKA, CA 95502-3700 J J~0P'~J~,.~i:~'~3 October 21, 1994 1 -Men-0-Uki STPLR-5049(1) Commerce Drive Mr. Rick Kennedy Director of Public Works City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Rick, Attached in duplicate is Program Supplement No. 005, Local Agency- State Agreement No. 01-5049. This Agreement provides funding for construction of Federal Aid Railroad Crossing Project STPLR-5049(1) on Commerce Dr. Please have your City Council execute the Agreement and return both documents to this office with a signature authorizing Resolution or Minute Order. A fully executed original Agreement will be returned to you for your files. Attachment Sincerely, A.B. Toland Assistant District Local Assistance Engineer ./ /"' PRO~RAM SUPPLEMENT NO. 005 _to LOCAL AOENCY STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 01-5049 Dates October 7, 1994 Locations 01-MEN-0-UKI Project Numbers STPLR-5049(001) E.A. Number: 13-227568 This Program Supplement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 01/16/80 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI:. ON COMMERCE DRIVE AT THE CALIFORNIA NORTHERN RAILROAD GRADE CROSSING NUMBER 5-112.8; FEDERAL NUMBER 499043Y TYPE OF WORK: INSTALL CROSSING WARNING GATES LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [ ] Right-of-Way [ ] Construction Engineering IX] Construction [X]BY FORCE ACCOUNT Estimated Cost! Federal Funds Matching Funds 135875 33M $ 122288 0 Local $ 13587 OTHER $ 05 OTHER CITY OF UKIAH STATE OF CALIFORNIA Department of Transportation By By DISTRICT DIRECTOR, DISTRICT 1 Date Date Attest Title ! here4~y Certify upon hq, personal know[edge that budgeted funds are avaiLab{e for this encumbrance: 139 1994 2660-101-890 ' 94-95 Date _ ,/0'7' ~,~ $ 122288.00 Program Iacl Fund Source AMOUNT 20.30.010.810 . C 262040 892-F 122288.00 Page 1 of 2 01-MEN-O.UKI STPLR-5049 (001) SPECIAL COVENANTS OR REMARKS DATE: 10/07/94 1. The cost of maintenance of the crossing shall be as allocated by Public Utilities Commission. 2. Ail required pavement marking and advance warning signs shall comform to the requirements of MUTCD, 1988 and shall be placed in their proper location by the Local Agency at the time of completion of the Railroad's work. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 5. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 EXHIBIT "A" CONDITIONS OF APPROVAL WAL-MART STORE SITE DEVELOPMENT PERMIT NO. 90-87 TRAFFIC TRAFFIC TRAFFIC TRAFFIC · The applicants shall design and install an eight phase traffic signal at the intersection of Talmage Road and Airport Park Boulevard prior to the opening of the Wal-Mart Store. This signal shall be sized, constructed, and phased to accommodate through traffic and left turn movements. The City of 'Ukiah shall contribute 50% of the total cost of this improvement, and the applicant(s) shall contribute 50%, consistent with a previously negotiated agreement related to the Redwood Business Park Subdivision. 2.a. The applicants shall design and widen Talmage Road on the north side, between the existing southbound off-ramp and the railroad tracks, to 64 feet to accommodate an additional westbound through lane. This widening project shall also include curbs, gutters, sidewalks, a two-inch (2") AC overlay over the existing pavement, and a 220-foot-long left turn pocket at Talmage Road's intersection with Airport Park Boulevard. The City of Ukiah shall contribute 50% of the total cost of this improvement, and the applicant(s) shall .contribute 50%, and the entire project shall be completed prior to the Wal-Mart Store opening. To the maximum extent possible the mature oak trees on Talmage Road shall be preserved. 2.b. Wal-Mart shall be responsible for coordinating with CalTrans and constructing an additional access approach to Talmage Road on the existing Highway 101 south to Talmage Road east exit ramp. Such approach shall form a "T" intersection with Talmage Road on its southern border; shall be stop sign controlled; and shall allow left turn movements to westbound Talmage Road. Wal-Mart may construct an alternate design that accomplishes the same purpose, if approved by CalTrans and the City Engineer. In concert with this access improvement, the existing Highway 101 south to Talmage Road west exit ramp, currently located north of Talmage Road, shall be abandoned. Within three (3) months of the effective date of its Site Development Permit, Wal-Mart shall submit plans to CalTrans in acceptable form. Wal-Mart shall complete construction of the necessary improvements within six (6) months of receiving all necessary permits. A traffic signal at this intersection shall be installed when signal warrants require it. Cost of the signal shall be paid through the adoption of a resolution under Ukiah City Code Section 9543. · The western portion of Commerce Drive in the vicinity of the railroad tracks, the segment of Airport Road between its intersection with Commerce Drive and Hastings Avenue, and the entire length of Hastings Avenue between the railroad tracks and South State Street shall be reconstructed, widened to 34 feet, and repaved by the applicants· Stop signs shall be installed at the Commerce Drive/Airport Road intersection· Given that this road linkage is a public street currently in need of maintenance, the City of Ukiah shall contribute 15% of the total cost of the improvements· The remaining 85% of the cost shall be contributed by the applicant(s) since its primary function will become secondary access for the industrial park.- -This--improvementlproject--s~all b~ completed -prior- t~-Wat-Mart -- opening. TRAFFIC TRAFFIC TRAFFIC VISUAL VISUAL _Vi[ S UAL ® Automatic warning lights and crossing gates shall be designed and installed by the applicants at the Commerce Drive railroad crossing as soon as practicable after the Wal-Mart opening, and the appropriate applications to Caltrans and the Public Utilities Commission shall be submitted to the City of Ukiah for processing prior to issuing the Wal-Mart Building Permit. Notwithstanding probable Federal Government funding for up to 90% of this improvement, the applicants shall be financially responsible for any and all costs not funded by grants, and the improvement shall be installed as soon after a grant is approved or denied by the PUC or Period not to exceed 18 months after the opening of the Wal-Mart Store, or at such time as all required permits and approvals are issued, whichever occurs last. The applicants shall enter agreements with the City to implement this condition prior to adoption of the ordinance No. 929. 5. The improvements required by paragraphs 1 through 4 above shall be designed and constructed in accordance with the City's standards and the requirements of the City Engineer which may include, but shall not be limited to, sufficient bonds and insurance, procurement of all required· permits, including encroachment permits for work within the public right of way, and compliance with any applicable laws. Upon computing the cost of improvements for.items 1 - 4 above, the City Engineer may allocate the parties' respective obligations among the projects in any way he deems necessary to promote cost-effective construction of the improvements, provided the total dollar cost to each party does not change. 6. The revised Site Plan submitted to the City of Ukiah on 2/19/92 shall constitute the official and final development proposal, and all improvements to Airport Park Boulevard (north of Commerce Drive and south of Lot A-l-a) and the site's internal circulation system shall be implemented. 7. The Ukiah Redevelopment Agency shall be requested to authorize its Architect to review and approve the exterior design of the Wal-Mart building. The intent of this process is to create a more aesthetic appearance to the structure than that proposed with this Site Develoment Permit application. The Architect's approved design shall include: architectural relief to the walls and facade (to diminish the sterile, box-like appearance), roof detail to provide a more varied elevation, determination of building materials and colors compatible with the palettes proposed for the Industrial Park, and modification to the precise linear exterior building foot print to create changes in the wall surfaces. The structure's building permit application shall reflect this revised design. 8.a. The revised Landscape Plan submitted to the City of Ukiah on 2/19/92 shall constitute the final plan to be implemented. This plan places landscape berms along the street frontage of Airport Park Blvd., places trees, shrubs, and groundcover around the entire site perimeter, places landscaping along and adjacent to the structure's north- and westfacing walls, and places numerous large evergreen trees along the eastfacing boundary adjacent to Highway 101, among other landscape refinements. -8.b_The_shade_trees.provided.in the parking lat shallde o[~ufficient_size in_ trunk diameter, height, and canopy, diameter to provide substantial shading