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HomeMy WebLinkAbout1995-09-06 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 6, 1995 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Meeting of August 16, 1995 b. Regular Adjourned Meeting of August 23, 1995 . . . . 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. Deny Claims for Damages Received from Indus Food DBA Wendy' s; Denise I. Brant; and Refer to City Insurance Carrier REMIF b. Approval of Subdivision Improvement Agreement for Parcel Map of Minor Subdivision No. 95-06, McDonald's Development at the Northwest Corner of State and Empire AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If you have a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. UNFINISHED BUSINESS a. Authorize the Mayor to Execute Participation Agreement with Ukiah Valley Sanitation District b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing City of Ukiah's Share of Geysers Effluent Project Relative to Geothermal Project c. Award of Bid for Scraper Operations at the Solid Waste Site to Wipf Construction and Analysis of In-house Operation Versus Contractor Services 8. NEW BUSINESS a. Appointment of Council Representative on the Civil Service Board b. Approval of Agreement and Adoption of Resolution for Participation in Member Resource Power Marketing Project Through NCPA c. Approval of Airport Land Lease Renewal with the Federal Aviation Administration d. Discussion Regarding Compensation of Interim City Manager e. Discussion Regarding Annual Congress of National Cities . 10. 11. 12. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT ~AD REPORTS CLOSED SESSION - None ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Greater Ukiah Chamber of Commerce 200 South School Street, Ukiah, CA 95482 (707) 462-4705 Mike Harris Assistant City Manager City of Ukiah Ukiah, CA August 2, 1995 Dear Mike, This letter is in response to our recent conversation regarding the City's annual grant to the Chamber. I've included a budget and a brief narrative regarding each budget item. To begin, the City and the Chamber have been longstanding partners in presenting community events. Events, like the 4th of July and PumpkinFest, not only attract visitors from out of town, but enhance the quality of life for the citizens of the Ukiah Valley. The events co-sponsored by the City and the Chamber attracted approximately 20,000 people. Not only do these people attend the event, but they also shop locally, dine at area restaurants and stay at local motels. According to the State Office of Tourism, 40% of a tourist's budget is devoted to shopping. Therefore, the investment in community events is important to our local economy. However, community events are very expensive to produce and are becoming more so with each year. The three events we want to co-sponsor with the City are: 1) All American 4th of July Celebration (wasn't it a great show this year?); 2) Country PumpkinFest; and, 3) Small Town Christmas. In a related project, the Chamber continues to be the central coordinator and clearinghouse for events on a county-wide basis. We maintain an extensive database/calendar of events, which is published monthly in our local Hot Sheets, quarterly by the Mendocino County Tourism Board, and is sent to prospective visitors. Other agencies and groups consult with us to maintain a balanced schedule and to avoid calendar conflicts for their respective events. The funding we receive each year from the City is vital to the maintenance of this project. The second area of partnership is also a tourism development activity, but is less specific to events, but relates to overall service. During the 1994-95 year, the Chamber received nearly 24,000 requests for information directly and, through the Mendocino County Tourism Board, nearly 25,000 indirect requests. On average we receive and fulfill nearly 100 requests per day. Needless to say this is an important activity. While there is a definite value to our members, the entire community receives substantial benefits as well. You'll also be happy to know that our walk-in traffic actually increased since moving into our Conference Center location. Not only have we had a 7% increase, but the quality of visitor (expressing direct interest in Ukiah area attractions) has improved. As in year's past, the Chamber looks forward to the City's commitment to assisting the Chamber in fulfilling the nearly 50,000 requests for information we receive. And, because the City has demonstrated its financial commitment, we are able to leverage a financial commitment from the Mendocino County Tourism Board to assist in our fulfillment endeavors. It should be noted that material fulfillment costs have risen nearly 15% in the past year, And, with increased information request volume, overall cost increases as well. We estimate that the 1995-96 overall fulfillment cost will increase 25%. As always, I would like to thank you for your strong support of Chamber activities. The Chamber has undergone a series of important changes during the past year, making a much stronger commitment to our membership services, to enhancing tourism development activities and becoming more active in overall economic development. Many of these changes would not have been possible without the support of the City of Ukiah. We look forward to continued progress and prosperity. Sincerely, ....... ~ ', /"" 7'~/2 " ,~ "~ Jim Phelps Chief Executive Officer Greater Ukiah Chamber of Commerce City Partnership Budget Community Events* 4th of July 3,()()() PumpkinFest 2,()()() Small Town Christmas 2,00() Calendar of Events 2,()()0 Tourism Development** Information Fulfillment 4,000 Maps 2,00() Other*** Band Review 1,()00 Total 16,()()0 Notes *The Chamber's total Community Event expense budget is $30,000 **The Chamber's total Tourism Development budget (not including Com- munity Events) is $21,000. ***The Chamber has traditionally served as the "pass-through" agent for the Band Review. It is questionable as to whether or not this event will take place in 1996, but, if it does, the Chamber can serve as this agent once again. The 1994-95 City funding allocation to the Chamber was $21,000. Being true to its mission, Chamber has reduced our allocation request by $5,000 this year, and will likely reduce our request for 1996-97 also. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Resume CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 6, 1995 6:30 p.m. 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes Revised Approved a. Regular Meeting of August 16, 1995 1 Corr./Approved b. Regular Adjourned Meeting of August 23, 1995 . 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. Denied . Denied/Referred Approved 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. Deny Claims for Damages Received from Indus Food DBA Wendy' s; Denise I. Brant; and Refer to City Insurance Carrier REMIF b. Approval of Subdivision Improvement Agreement for Parcel Map of Minor Subdivision No. 95-06, McDonald's Development at the Northwest Corner of State and Empire . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If you have a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. Authorized . Authorized Awarded Contract to April 30, 1996 UNFINISHED BUSINESS a. Authorize the Mayor to Execute Participation Agreement with Ukiah Valley Sanitation District b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing City of Ukiah's Share of Geysers Effluent Project Relative to Geothermal Project c. Award of Bid for Scraper Operations at the Solid Waste Site to WipfConstruction and Analysis of In-house Operation Versus Contractor Services 8. NEW BUSINESS Appt. Al Beltrami a. Adopted Res. 96-14b. Approved c. Approved staff rec. d. Cancel Dues/keep e. newspaper if possible Appointment of Council Representative on the Civil Service Board Approval of Agreement and Adoption of Resolution for Participation in Member Resource Power Marketing Project Through NCPA Approval of Airport Land Lease Renewal with the Federal Aviation Administration Discussion Regarding Compensation of Interim City Manager Discussion Regarding Annual Congress of National Cities 7:58 p.m. . 10. 11. 12. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION - None ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. M- MOTION CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting PROMPT RC - Roll Call CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 6, 1995 6:30 p.m. VV - Voice Vote M/RC M/RC 1. Roll Call 2. Invocation/Pledge of Allegiance 3. Approval/Correction of Minutes a. Regular Meeting of August 16, 1995 b. Regular Adjourned Meeting of August 23, 1995 . Mayor to read . Mayor to read All M/RC o Mayor to read . M/RC M/RC 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. Deny Claims for Damages Received from Indus Food DBA Wendy' s; Denise I. Brant; and Refer to City Insurance Carrier REMIF b. Approval of Subdivision Improvement Agreement for Parcel Map of Minor Subdivision No. 95-06, McDonald's Development at the Northwest Corner of State and Empire AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If you have a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. UNFINISHED BUSINESS a. Authorize the Mayor to Execute Participation Agreement with Ukiah Valley Sanitation District b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing City of Ukiah's Share of Geysers Effluent Project Relative to Geothermal Project M/RC c. Award of Bid for Scraper Operations at the Solid Waste Site to Wipf Construction and Analysis of In-house Operation Versus Contractor Services 8. NEW BUSINESS M/RC M/RC M/RC a. Appointment of Council Representative on the Civil Service Board b. Approval of Agreement and Adoption of Resolution for Participation in Member Resource Power Marketing Project Through NCPA c. Approval of Airport Land Lease Renewal with the Federal Aviation Administration d. Discussion Regarding Compensation of Interim City Manager e. Discussion Regarding Annual Congress of National Cities . 10. 11. 12. CITY COUNCIL/REPORTS CITY MANAGER/DEPARTMENT HEAD REPORTS CLOSED SESSION - None ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. MEMORADUM DATE: September 6, 1995 TO: Mayor Sclmeiter and Councilmembers FROM: Cathy McKay, City Clerk SUBJECT: Attached Revised Minutes of August 16, 1995 meeting Attached you will find the revised replacement set of minutes for the draft set of August 16, 1995 minutes distributed in your September 6, 1995 agenda packet. I apologize for the many errors, even though they were proof read. As 3:00 p.m. approached on Friday, thne did not allow for full proofreading by other City staff. Even with working a 38 hour week, having to compose two full sets of minutes, one from tape, in addition to other demands on my time, there simply was not enough time to do an excellent job, and I apologize. DRAFT MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 ~ The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:34 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Mayor Schneiter noted Councilmember Wattenburger called and stated he will be a little late. Staff present; City Clerk McKay, City Attorney Rapport, Assistant City Manager Horsley, Planning Director Sawyer, Senior Planner Stump, City Engineer /Public Works Director Kennedy, Assistant to the City Manager Harris, and Assistant Redevelopment Director DeKnoblough. Mayor Schneiter announced that an urgent item of business has arisen since the posting of the agenda and requested Council to take necessary action to add an urgency item of business to Closed Session. . M/S Shoemaker/Mastin to add this matter of urgent business as an additional closed session item regarding a personnel matter concerning the City Manager. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Councilmember Wattenburger arrived at 6:37 p.m. 2. Invocation/Pledge of Allegiance Mayor Schneiter delivered the Invocation and Councilmember Malone led the Pledge of Allegiance. Approval/Correction of Minutes 3a. Regular Meeting of August 2, 1995 M/S Malone/Shoemaker to approve the minutes of the regular meeting of August 2, 1995, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Consent Calendar Item 5d.~ Staff to Award Contracts to Metamorphosis Hydroseeding Inc.~ in tho Amount of S12.250: and to California Conservation Corps (CCC) in the Amount of $10~000 For Erosion Control Measures at the Ukiah ]~ To New Business Item 9d. M/S Shoemaker/Malone to approve the Consent Calendar as follows; 5a. Received and accepted report of June and July Disbursements. 5b. Denied claims for damages received from Carol Jean Abad; Ronald Cordell; Sandra Porter; and referred them to the City Insurance Carrier, REMIF 5c. Awarded Bid for Six 15KVA Transformers to General Electric in the amount of $5,654.58; three 25KVA to Central Maloney, Inc. for $4,913.13; one 150KVA and one 300KVA transformers to Western States Electric for $5,992.06 and $8,117.75, respectively. 5e. Award Unit Price Contract to Reuser, Inc. for wood and yardwaste removal at Ukiah Solid Waste Disposal Site at $3.75/Cubic Yard and authorized the City Manager to execute letter of agreement. 5f. Approved work as complete by Donald R. Ferranti Construction for construction of Sidewalk, Curb and Gutter, Valley Gutters, and Handicap Ramp Construction at various locations in the City, Reg. Mtg. August 16, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Specification No. 95-04, funded from account nos. 2106-9632-250, 2106-9631-250, 800-3728-250, 300-9631-250, 800-3646-250, and authorized the City Clerk to File Notice of Completion. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS · Sa. Adoption of Resolution Approving Non-Profit Community Funding Appropriations Mayor Schneiter and Councilmember Malone explained their sub- committee review of the applications and reasoning for their recommendations to Council. M/S Wattenburger/Shoemaker adopted Resolution No. 96-9, authorizing 1995-96 grant funding for community based non-profit organizations, for a total funding amount of $28,500. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Mayor Schneiter reported Item Bb. Receive and Accept Investment Report Regarding City Investment Portfolio from Chandler Liquid Asset Management Inc. will be considered later in the evening. ~/~Report regarding Feasibility Study and Engineering Services for ~L~tablishing a 200 foot Corridor Between the City of Ukiah sewer ] sTuh~m~tbel~CtUoticloiutnYcl~ir~ct~er~rs~d there wasa previous proposal ' ' y ' n River Coastal Conservancy to widen, the Russian River by 200 feet. He requested the work be / included as an enhancement to a solution and repair of the pond damage, sustained in the flooding of winter 1995./96 rains. Council' ~dlrected staff at that time to obtain a cost estimate for this work, in conjunction with other engineering work being conducted by Rau and Associates. He reported that Rau and Associates have proposed an additional cost of $12,000 to $15,000 for this additional feasibility study/engineering services for establishing a 200 foot corridor between the city sewer ponds and the Russian River, for a total combined cost to be between $30,000 and $37,000. Discussion ensued regarding the proposal submitted by Rau and Associates, possible reimbursement from FEMA is unknown at this time, repair time frames by this upcoming winter required by Water Quality Control Board. The Public Utility Director reported that Rau and Associates has been sensitive to the design of the slopes of the river banks, and feels the initial design will be adequate without having to move the percolation ponds. He indicated we will soon have a cost estimate to obtain reimbursable amounts from FEMA. Councilmember Shoemaker requested staff to forward this figure to Council as soon as possible. M/S Shoemaker/Wattenburger to move forward with this feasibility study to estimate a 200 foot corridor without actually doing a design, to be completed as soon as possible. The City Attorney noted wording needed for clarification in the motion pertaining to an agreement with Rau minus drawings and need authorization to sign. Reg. Mtg. August 16, 1995 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Amended Motion by Shoemaker for staff to execute an agreement with Rau and Associates to conduct this study minus the drawings. The amendment to the motion was approved by Councilmember Wattenburger, the maker of the second to the motion. Sd. Nominations to Fill Three Cultural Arts Advisory Board Public Members and One Airport Commissioner with Only One Application Received, Adoption of Resolution Confirming Appointments, and Authorize Readvertisement of Vacancies Councilmember Shoemaker nominated Beth Campbell to fill one public member vacancy on the Cultural Arts Advisory Board with Councilmember Wattenburger seconding the nomination. The nomination was confirmed with a unanimous voice vote of all AYE. M/S Shoemaker/Malone to adopt Resolution No. 96-10 appointing Beth Campbell to a three year term as a public member representative on the Cultural Arts Advisory Board. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. PUBLIC HEARING - 7:00 p.m. 7a. Airport Industrial Park (AIP) Final Environmental Impact Report, Prepared for the AIP Planned Development Ordinance Amendments, AIP Buildout, Mendocino Brewing Company Site Development Permit, and Redwood Business Park Tentative Subdivision Map Extension Request. The Airport Industrial Park (AIP) Is Situated Between Highway 101 on the East and the California Railroad on the West, and Between Talmage Road on the North and the Intersection of Highway 101 and the Railroad Tracks to the South Mayor Schneiter polled the Council as to whom had viewed the site and all Councilmembers indicated they have viewed the site. The Senior Planner reported on the public hearings conducted by the Planning Commission on August 9, 1995 regarding the Airport Industrial Park Environmental Impact Report, Mendocino Brewing Company (MBC) Site development Permit application and the Friedman Brothers Hardware, Inc., Use Permit application. He presented the staff report concerning the project descriptions,' summary of issues, and the environmental analysis contained in the EIR and associated projects. Leonard Charles, Environmental Impact Report Consultant, reported on the EIR and the impacts regarding the development of raw land and recommended mitigations. He explained mitigation would be less than adequate regarding the extension of Airport Road south of the airport, pertaining to the noise and community character on Norgard Lane, and the process involved for mitigations. Council queried staff regarding a southern access for public safety reasons, percent buildout of the park and time frames, and the existing zoning ordinance land use designations is what this EIR addresses. Open Public Hearing - 7:21 p.m. Frank Basik, Mr. Akerstrom's attorney, addressed the technical mitigations and understands the ordinance amendments will not be addressed tonight. He reviewed the history of the development of this business park. He indicated they are in agreement with the EIR consultant that the EIR is adequate and addresses impacts with full disclosure, and urges Council to approve/certify. Gary Akerstrom, investor in the Redwood Business Park, EIR and AIP planned developments and Walmart. He reviewed the history of the park development's EIR. He explained that some of the traffic assumptions in this EIR are different than Walmart and feels they are not correct. He stated he did a traffic study in April that shows the Reg. Mtg. August 16, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 City traffic study is 38% too high. He showed overheads which explained how to conduct a traffic analysis process involving land coverage, by his analysis. He stated he would be willing to sit down with The City Engineer and work out what is considered reasonable traffic volumes and then pay his fair share for mitigations. Council queried staff regarding Mr. Akerstrom's figures and reasoning. The City Attorney advised that Council has hired experts which you rely on, which may conflict with the applicant's opinions as to what is reasonable. Eric Larson, 123 Clara, member of Planning Commission,.he requested a correction to the draft minutes of the Planning Commission. The City Attorney indicated he could only offer clarification, as the full Planning Commission must take action on it's minutes. Mr. Larson clarified some wording in the draft Planning Commission minutes. No others came forward. Closed Public Hearing - 7:51 p.m. Council queried staff regarding mitigations and the process for making findings. The City Attorney advised that the EIR is a snapshot in time of what is projected to occur from each project. He noted it could change for each projects traffic. He noted public comments are submitted during a previous review period where the issues may be addressed by experts prior to submittal of the draft EIR to Council. Mr. Charles stated that the traffic analysis was conducted by Crane Engineering Services who are experts in traffic analysis for EIR's, and were aware that the applicant is an engineer who would scrutinize their figures. Traffic projections vary for types of land use, not coverage, and the consultants knew the applicant felt the projections were different. He reported the levels of service projected in the EIR may never occur as they are worse case scenarios to provide for future possible needs. He referred to Marin and Sonoma at peak hours when traffic systems break down, and that is what traffic engineers try to plan for, so as to avoid this in the future. He indicated that traffic analysis is a very complex process. Council queried Mr. Charles and city staff regarding southerly routes, the Airport Master plan recommendation for not extending the runway, southerly Airport thresholds, police and fire mitigations will be addressed at budget time of each year, and future sales tax may or may not be enough to mitigate these impacts. The City Attorney advised Council regarding mitigations for each project. The EIR identifies impacts and recommends possible mitigations. Council further queried staff regarding cumulative ~mpacts, total buildout projections for wastewater treatment capacity, the use of the AB1600 process, the EIR uses the old general plan, as the new general plan had not yet been finalized when the applicant had applied, Council's concern about fill and preservation of the native Oaks, and noise measurements. M/S Malone/Wattenburger to adopt Resolution No. 96-11, making findings pursuant to Public Resources Code Section 21081 and California Environmental Quality Act (CEQA) Guidelines Section 15091 supporting the certification of the subsequent environmental impact report prepared for the Airport Industrial Park (AIP) Planned Development Ordinance amendments, AIP buildout, redwood business park Reg. Mtg. August 16, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 tentative map extension, and the Mendocino Brewing Company Site Development Projects. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Councilmember Shoemaker stated the approval of this EIR does not necessarily obligate the next items of business. Recess - 8:30 p.m. Reconvened - 8:37 p.m. 7b. Site Development Permit Application No. 95-19, as Filed by the Mendocino Brewing Company, to Allow Construction of a 57,357 Square Foot Beer Brewing, Bottling, and Packaging Plant on the Southern Portion of the Airport Industrial Park, on Property ~oned Planned Development (PD), Assessor,s Parcel No. 180-110-01 The Senior Planner reported on the proposed project which is located south of the Redwood Business Park, within the Airport Industrial park. Public Hearing Opened - 8:43 p.m. Victor Lopes, 266 Eastside Road Ukiah, Architect for this project described the site plans and architect renderings which show adobe type remnant walls. He informed Council regarding the tree preservation efforts, and a higher than expected flood elevations He indicated this project's proposed completion date is May 1, 1996. Michael Layborn, CEO for Mendocino Brewing Company, stated that his discussions and meetings with the City planning staff during the past year, is to be commended. Granville Pool, stated it is exciting to see a project with great professionalism. He indicated the aesthetics will be wonderful to see from the Highway. Public Hearing Closed - 8:48 p.m. Council queried staff regarding the access to this project via Airport Road instead of the Airport Park Boulevard main access. The Senior Planner answered that this road is temporary until completion and buildout of the AIP, when Airport Park Boulevard will be primary access. Discussion ensued regarding City street development standards. Councilmember Wattenburger expressed concern regarding the length of time being an unknown for temporary access, and he has problems with the fact that the City is establishing road standards for this project which would be different than what we would require from a private development. He feels we should not be different because we are the City. Councilmember Shoemaker concurred, as he is concerned about no time frames for the development of park access and road standards. We should insist on same development standards as we request from others regardless of whether we are the project managers. Councilmember Mastin noted he is also concerned about other development occurring. The Planning Director stated this service road will only serve the Brewery and any other development will have to access through the other areas via Airport Park Boulevard. The Assistant Redevelopment Director stated there are two options for this road, one is to develop Airport Park Blvd. now, with shared costs for its development, or maintain the road until negotiations finalized with adjacent property owners. Reg. Mtg. August 16, 1995 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Councilmember Wattenburger indicated he is more comfortable to move towards a permanent access through the Redwood Business Park. M/S Wattenburger/Schneiter to adopt Resolution No. 96-12 making findings pursuant to Public Resources Code Section 21081 and California Environmental Quality Act (CEQA) Guidelines Section 15091 in connection with the approval of the Mendocino Brewing Company Site Development Permit No. 95-19 submitted by the Mendocino Brewing Company. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 7c. Use Permit Application No. 95-22, as Filed by Friedman Brothers Hardware, Inc., to allow The Construction and Operation. of an 80,000 Square Foot Bulk Retail Hardware Store and a Four &cre Self-Service Drive-Through Supply Yard on 10.5 Acres Located in the Airport Industrial Park The Senior Planner reported on 'the proposed Use Permit application which would allow the construction and operation of an 80,000 square foot bulk retail hardware store and a four-acre self-service drive through supply yard on 10.5 acres located in the Airport Industrial Park. He reviewed the staff report issued to the Planning Commission dated August 4, 1995. He reviewed the Planning Commission action to deny the use permit. Council queried staff regarding number of lots and boundary line adjustments, and the distance between the south line of this property and the Brewery project. Public Hearing Opened - 9=13 p.m. Bill Friedman, President of Friedman Brothers, noted his partners and uncle are here tonight to answer Council's questions and requested Council's approval tonight. He explained our Chief Financial Officer will present a report to Council offering the financial benefits of this project and business to Ukiah. David Proctor, 3297 Juniper Avenue, stated he is 5th generation Santa Rosa, and has been the controller for Friedman Brothers for 10 years. He addressed the benefits of this family' business coming to Ukiah. He reviewed their site selection process history from 1990 to current and explained their product lines and the salary levels with benefits paid to 40 full-time positions and 20 part-time positions here in Ukiah. He reviewed statistics they compiled in making the decision to open a store in Ukiah. He noted Friedman Brothers is not a predatory business and they seek to work with other businesses. Bill Friedman addressed the business and family commitment to the community regarding fundraising donations. Donna Roberts, 781 Sidnie Court, read and submitted a letter to Council expressing concern regarding the proposed site and possible reduction of industrial land use. Ernie Olsen, 1133 West Church, is known at both local hardware stores and is part of the leakage from Ukiah to Friedman brothers. He reported on the reasons why he shops Friedman brothers'in Santa Rosa, and the amount of money that he spends when he goes south to shop. Darryl Smallton, who lives east of town, was against large development as he is from Santa Rosa and he is anti-growth. He feels that we need a Friedman Brothers here, as this is the type of business people need. He noted that the profits from this store will not go out of state and they spend a lot of money in the community fundraising. He is proud of this business, although he mostly shops Mendo Mill, he stated that letting Friedman Brothers build will be one of the best decisions that Council will make. John Brediascous, a native of Santa Rosa, stated he shops at Friedman Reg. Mtg. August 16, 1995 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Brothers. He reported on his personal and professional knowledge of the Friedman Brothers in Santa Rosa, and his involvement in Youth activities and schools. He testified as to how Friedman Brothers family and their donations to fundraisers for athletics and arts for his non-profit organizations. He urged Council to approve this project. Dick Arneson, Owner of Arneson Furniture, indicated that Ukiah now has the opportunity to bring in a business organization into our community. Let us welcome such a fine family owned business into Ukiah with a unanimous approval of this project. Granville Pool, Redwood Valley, noted our area is prime for a large hardware retailer and we should encourage Friedman Brothers as a family business instead of a Home Depot or Home Base. Lynn Wood, President of the Board of Directors for Chamber of Commerce of Ukiah, reported they polled 100 chamber businesses on a non-scientific basis, done very quickly by telephone, 70% responded favorably at the desired location, 15% were against and 15% had no opinion either way. She summarized that this indicates the business community is for Friedman brothers coming to Ukiah. She indicated the advantages' of reduced retail sales leakage to Santa Rosa, the increased wages and employment to Ukiah, the benefit of this business's community contributions to the Non-profit community, are all positive factors to approve this project. No others came forward. Public Hearing Close4 - 10:11 p.m. Councilmember Malone commented the Planning Commission's findings there is no restriction to primary use conflicts when a project meets the conditions, and spoke about the Planning Commission findings. The philosophy of this Park's private development is something else. Councilmember Shoemaker noted he owns a retail nursery and has discussed a possible conflict of interest with the City Attorney, who determined he does not have to sit out of this item of business. He spoke about owning a family business, and the. other family owned competitors who may also be financially impacted by a Friedman Brothers coming, and that it is not pleasing to him. Retail uses in the AIP was contentious to him. The Friedman Brother business located in this area is appropriate use. He referred to the buffer on the side of Friedman is the industrial buffer and he will insist on abiding by it. Councilmember Mastin agrees that the industrial buffer should be protected and he is willing to draw the line at this property. He agrees that there may be impact on our local stores, he has counted 20 to 30 stores which carry like kind products in Ukiah. He spoke to other businesses and stated they may ask for marketing assistance and business plans, which is provided by the City of Ukiah. M/S Wattenburger/Mastin to adopt Resolution No. 96-13, making findings pursuant to public resources code section 21081 and California Environmental Quality Act(CEQA) guidelines Section 15091 in connection with the approval of the Friedman Brothers Hardware Inc. Use Permit No. 95-22. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. Councilmember Malone stated the cry that Ukiah businesses will go out of business due to a limited amount of money available in our community just doesn't hold water. 7d. As Requested by Appellant, Continue to September 20, 1995, Appeal of Planning Commission,s Denial of Site Development Permit Application No. 95-28, as File4 by Harold Titen, to Allow a 3-Unit Apartment Structure in the C-1 Zoning District, on Property Located Reg. Mtg. August 16, 1995 Paae 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 at 959 North Oak Street, Assessor,s Parcel Number 002-114-69, and Located in the C-1, Light Commerclal Zoning District It was the consensus of Council to continue this public hearing to September 20, 1995. Recess - 10:25 p.m. NEW BUSINESS Reconvened - 10:34 p.m. 9a. Authorize the Mayor to Execute Participation Agreement with Ukiah Valley Sanitation District It was the consensus of Council to continue this matter of business to the regular meeting of September 6, 1995. 9b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing City of Ukiah,s Share of Geysers Effluent Project Relative to Geothermal Project It was the consensus of Council to continue this matter of business to September 6, 1995 meeting. 9c. Consideration of Mendocino Solld Waste Management Authority,s Use of City Property for Hazmobile Program The Assistant City Manager reported on the request to locate this program north of the Animal Shelter on Plant Road which is owned by the City of Ukiah. She indicated that staff will need to evaluate insurance conformance, and could negotiate and bring an agreement back to Council to approve at the next meeting, if desired by Council. It was the consensus of Council for the City Attorney to draft an agreement to return to Council and directed staff to negotiate with MSWA for insurance conformance requirements. 9d . Authorize staff to Award contracts to Metamorphosis Hydroseeding Inc. In the Amount of $12,250 and to California Conservation Corps (CCC) in the Amount of $10,000 for Erosion Control Measures at he Ukiah Landfill. Councilmember Shoemaker indicated he has information that there is another product locally, which is offered, that is comparable and questioned the possibility that this should be addressed by the city bid process. Discussion ensued regarding sole source price and city procedures. It was the consensus of Council to continue this matter to 4:30 p.m. on August 23, 1995. M/S Shoemaker/Wattenburger to authorize staff to award contract to California Conservation Corps in the Amount of $10,000 for Erosion Control Measures at the Ukiah Landfill. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. Bb. Receive and Accept Investment Report Regarding City Investment Portfolio from Chandler Liquid Asset Management, Inc. Kay Chandler reported on the analysis of the city's investment portfolio which addressed safety, liquidity and return, portfolio characteristic, market value, the mortgage derivatives, compliance with State law and with the City's investment policy and the six recommendations. She noted it is a real loss when an investment reflects the future stream of reduced revenue that you will receive. She is basing her recommendations that these specific investments are too great of a risk of the public trust funds, as these bonds are Reg. Mtg. August 16, 1995 Paqe 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 uncertain. The City Treasurer and Ms. Chandler answered Council questions concerning the investment report and the securities market, and various scenarios. It was the consensus to discuss this further in Closed Session. 10. CITY COUNCIL/REPORTS None 11. CITY MANAGER/DEPARTMENT HEAD REPORTS None CLOSED SESSION The City Attorney announced it is advisable to go into Closed Session to discuss the following; 12a. ~.C. Section 54956.9 - Conference with Legal Counsel Regarding Potential Litigation 12b. As previously approved as an urgency item of business that arose after the close of the agenda, to discuss a personnel matter concerning the City Manager Charles Rough. Council entered Closed Session at 11:53 p.m. Council came out of Closed Session at 1:10 a.m. The City Attorney reported there was no action taken regarding agenda item 12a. 12b. M/S Schneiter/Wattenburger to accept the resignation of Charles L. Rough, Jr., City Manager, including 3 ½ month's severance pay. The motion was carried by a unanimous voice vote of all AYE. M/S Shoemaker/Malone to appoint Candace Horsley as interim City Manager. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned to August 23, 1995, at 4:30 p.m. in the Civic Center Council Chambers. CCMIN.206 Cathy McKay CMC/AAE, city Clerk Reg. Mtg. August 16, 1995 Paqe 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 DRAFT The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:34 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Mayor Schneiter noted Councilmember Wattenburger called and stated he will be a little late. Staff present; City Clerk McKay, City Attorney Rapport, Assistant City Manager Horsley, Planning Director Sawyer, Senior Planner Stump, City Engineer /Public Works Director Kennedy, Assistant to the City Manager Harris, and Assistant Redevelopment Director DeKnoblough. Mayor Schneiter announced that an urgent item of business has arisen since the posting of the agenda and requested Council to take necessary action to add an urgency item of business to Closed Session. M/S Shoemaker/Mastin to add this matter of urgent business as an additional closed session item regarding a personnel matter concerning the City Manager. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Councilmember Wattenburger arrived at 6:37 p.m. 2. Invocation/Pledge of Allegiance Mayor Schneiter delivered the Invocation and Councilmember Malone led the Pledge of Allegiance. Approval/Correction of Minutes 3a. Regular Meeting of August 2, 1995 M/S Malone/Shoemaker to approve the minutes of the regular meeting of August 2, 1995, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Consent Calendar Item 5d. Authorize Staff to Award Contracts to Metamorphosis Hydroseeding Inc.~ in the Amount of $12~250: and to California Conservation Corps (CCC) in the Amount of $10~000 For Erosion Control Measures at the Ukiah ~ To New Business Item 9d. M/S Shoemaker/Malone to approve the Consent Calendar as follows; 5a. Received and accepted report of June and July Disbursements. 5b. Denied claims for damages received from Carol Jean Abad; Ronald Cordell; Sandra Porter; and referred them to the City Insurance Carrier, REMIF 5c. Awarded Bid for Six 15KVA Transformers to General Electric in the amount of $5,654.58; three 25KVA to Central Maloney, Inc. for $4,913.13; one 150KVA and one 300KVA transformers to Western States Electric for $5,992.06 and $8,117.75, respectively. 5e. Award Unit Price Contract to Reuser, Inc. for wood and yardwaste removal at Ukiah Solid Waste Disposal Site at $3.75/Cubic Yard and authorized the City Manager to execute letter of agreement. 5f. Approved work as complete by Donald R. Ferranti Construction for construction of Sidewalk, Curb and Gutter, Valley Gutters, and Handicap Ramp Construction at various locations in the City, Reg. Mtg. August 16, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Specification No. 95-04, funded from account nos. 2106-9632-250, 2106-9631-250, 800-3728-250, 300-9631-250, 800-3646-250, and authorized the City Clerk to File Notice of Completion. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS · Sa. Adoption of Resolution Approving Non-Profit Community Funding Appropriations Mayor Schneiter and Councilmember Malone explained their sub- committee review of the applications and reasoning for their recommendations to Council. M/S Wattenburger/Shoemaker adopted Resolution No. 96-9, authorizing 1995-96 grant funding for community based non-profit organizations, for a total funding amount of $28,500. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Mayor Schneiter reported Item Bb. Receive and Accept Investment Report Regarding City Investment Portfolio from Chandler Liquid Asset Management Inc. will be considered later in the evening. 8c. Report regarding Feasibility Study and Engineering Services for Establishing a 200 foot Corridor Between the City of Ukiah sewer Ponds and the Russian River The Public Utility Director reported there was a previous proposal submitted to Council by the Russian River Coastal Conservancy to widen the Russian River by 200 feet. He requested the work be included as an enhancement to a solution and repair of the pond damage sustained in the flooding of winter 1995/96 rains. Council directed staff at that time to obtain a cost estimate for this work, in conjunction with other engineering work being conducted by Rau and Associates. He reported that Rau and Associates have proposed an additional cost of $12,000 to $15,000 for this additional feasibility study/engineering services for establishing a 200 foot corridor between the city sewer ponds and the Russian River, for a total combined cost to be between $30,000 and $37,000. Discussion ensued regarding the proposal submitted by Rau and Associates, possible reimbursement from FEMA is unknown at this time, repair time frames by this upcoming winter required by Water Quality Control Board. The Public Utility Director reported that Rau and Associates has been sensitive to the design of the slopes of the river banks, and feels the initial design will be adequate without having to move the percolation ponds. He indicated we will soon have a cost estimate to obtain reimbursable amounts from FEMA. Councilmember Shoemaker requested staff to forward this figure to Council as soon as possible. M/S Shoemaker/Wattenburger to move forward with this feasibility study to estimate a 200 foot corridor without actually doing a design, to be completed as soon as possible. The City Attorney noted wording needed for clarification in the motion pertaining to an agreement with Rau minus drawings and need authorization to sign. Reg. Mtg. August 16, 1995 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Amended Motion by Shoemaker for staff to execute an agreement with Rau and Associates to conduct this study minus the drawings. The amendment to the motion was approved by Councilmember Wattenburger, the maker of the second to the motion. Sd. Nominations to Fill Three Cultural Arts Advisory Board Public Members and One Airport Commissioner with Only One Application Received, Adoption of Resolution Confirming Appointments, and Authorize Readvertisement of Vacancies Councilmember Shoemaker nominated Beth Campbell to fill one public member vacancy on the Cultural Arts Advisory Board with Councilmember Wattenburger seconding the nomination. The nomination was confirmed with a unanimous voice vote of all AYE. M/S Shoemaker/Malone to adopt Resolution No. 96-10 appointing Beth Campbell to a three year term as a public member representative on the Cultural Arts Advisory Board. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. PUBLIC HEARING - 7:00 p.m. 7a. Airport Industrial Park (AIP) Final Environmental Impact Report, Prepared for the AIP Planned Development Ordinance Amendments, AIP Buildout, Mendocino Brewing Company Site Development Permit, and Redwood Business Park Tentative Subdivision Map Extension Request. The Airport Industrial Park (AIP) Is Situated Between Highway 101 on the East and the California Railroad on the West, and Between Talmage Road on the North and the Intersection of Highway 101 and the Railroad Tracks to the South Mayor Schneiter polled the Council as to whom had viewed the site and all Councilmembers indicated they have viewed the site. The Senior Planner reported on the public hearings conducted by the Planning Commission on August 9, 1995 regarding the Airport Industrial Park Environmental Impact Report, Mendocino Brewing Company (MBC) Site development Permit application and the Friedman Brothers Hardware, Inc., Use Permit application. He presented the staff report concerning the project descriptions, summary of issues, and the environmental analysis contained in the EIR and associated projects. Leonard Charles, Environmental Impact Report Consultant, reported on the EIR and the impacts regarding the development of raw land and recommended mitigations. He explained mitigation would be less than adequate regarding the extension of Airport Road south of the airport, pertaining to the noise and community character on Norgard Lane, and the process involved for mitigations. Council queried staff regarding a southern access for public safety reasons, percent buildout of the park and time frames, and the existing zoning ordinance land use designations is what this EIR addresses. Open Public Hearing - 7:21 p.m. Frank Basik, Mr. Akerstrom's attorney, addressed the technical mitigations and understands the ordinance amendments will not be addressed tonight. He reviewed the history of the development of this business park. He indicated they are in agreement with the EIR consultant that the EIR is adequate and addresses impacts with full disclosure, and urges Council to approve/certify. Gary Akerstrom, investor in the Redwood Business Park, EIR and AIP planned developments and Walmart. He reviewed the history of the park development's EIR. He explained that some of the traffic assumptions in this EIR are different than Walmart and feels they are not correct. He stated he did a traffic study in April that shows the Reg. Mtg. August 16, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 City traffic study is 38% too high. He showed overheads which explained how to conduct a traffic analysis process involving land coverage, by his analysis. He stated he would be willing to sit down with The City Engineer and work out what is considered reasonable traffic volumes and then pay his fair share for mitigations. Council queried staff regarding Mr. Akerstrom's figures and reasoning. The City Attorney advised that Council has hired experts which you rely on, which may conflict with the applicant's opinions as to what is reasonable. Eric Larson, 123 Clara, member of Planning Commission,.he requested a correction to the draft minutes of the Planning Commission. The City Attorney indicated he could only offer clarification, as the full Planning Commission must take action on it's minutes. Mr. Larson clarified some wording in the draft Planning Commission minutes. No others came forward. Closed Public Hearing - 7:51 p.m. Council queried staff regarding mitigations and the process for making findings. The City Attorney advised that the EIR is a snapshot in time of what is projected to occur from each project. He noted it could change for each projects traffic. He noted public comments are submitted during a previous review period where the issues may be addressed by experts prior to submittal of the draft EIR to Council. Mr. Charles stated that the traffic analysis was conducted by Crane Engineering Services who are experts in traffic analysis for EIR's, and were aware that the applicant is an engineer who would scrutinize their figures. Traffic projections vary for types of land use, not coverage, and the consultants knew the applicant felt the projections were different. He reported the levels of service projected in the EIR may never occur as they are worse case scenarios to provide for future possible needs. He referred to Marin and Sonoma at peak hours when traffic systems break down, and that is what traffic engineers try to plan for, so as to avoid this in the future. He indicated that traffic analysis is a very complex process. Council queried Mr. Charles and city staff regarding southerly routes, the Airport Master plan recommendation for not extending the runway, southerly Airport thresholds, police and fire mitigations will be addressed at budget time of each year, and future sales tax may or may not be enough to mitigate these impacts. The City Attorney advised Council regarding mitigations for each project. The EIR identifies impacts and recommends possible mitigations. Council further queried staff regarding cumulative impacts, total buildout projections for wastewater treatment capacity, the use of the AB1600 process, the EIR uses the old general plan, as the new general plan had not yet been finalized when the applicant had applied, Council's concern about fill and preservation of the native Oaks, and noise measurements. M/S Malone/Wattenburger to adopt Resolution No. 96-11, making findings pursuant to Public Resources Code Section 21081 and California Environmental Quality Act (CEQA) Guidelines Section 15091 supporting the certification of the subsequent environmental impact report prepared for the Airport Industrial Park (AIP) Planned Development Ordinance amendments, AIP buildout, redwood business park Reg. Mtg. August 16, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 tentative map extension, and the Mendocino Brewing Company Site Development Projects. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Councilmember Shoemaker stated the approval of this EIR does not necessarily obligate the next items of business. Recess - 8:30 p.m. Reconvened - 8:37 p.m. 7b. Site Development Permit Application No. 95-19, as Filed by the Mendocino Brewing Company, to Allow Construction of a 57,357 Square Foot Beer Brewing, Bottllng, and Packaging Plant on the Southern Portion of the Airport Industrial Park, on Property Zoned Planned Development (PD), Assessor's Parcel No. 180-110-01 The Senior Planner reported on the proposed project which is located south of the Redwood Business Park, within the Airport Industrial park. Public Hearing Opened - 8:43 p.m. Victor Lopes, 266 Eastside Road Ukiah, Architect for this project described the site plans and architect renderings which show adobe type remnant walls. He informed Council regarding the tree preservation efforts, and a higher than expected flood elevations He indicated this project's proposed completion date is May 1, 1996. Michael Layborn, CEO for Mendocino Brewing Company, stated that his discussions and meetings with the City planning staff during the past year, is to be commended. Granville Pool, stated it is exciting to see a project with great professionalism. He indicated the aesthetics will be wonderful to see from the Highway. Publlc Hearing Closed - 8:48 p.m. Council queried staff regarding the access to this project via Airport Road instead of the Airport Park Boulevard main access. The Senior Planner answered that this road is temporary until completion and buildout of the AIP, when Airport Park Boulevard will be primary access. Discussion ensued regarding City street development standards. Councilmember Wattenburger expressed concern regarding the length of time being an unknown for temporary access, and he has problems with the fact that the City is establishing road standards for this project which would be different than what we would require from a private development. He feels we should not be different because we are the City. Councilmember Shoemaker concurred, as he is concerned about no time frames for the development of park access and road standards. We should insist on same development standards as we request from others regardless of whether we are the project managers. Councilmember Mastin noted he is also concerned about other development occurring. The Planning Director stated this service road will only serve the Brewery and any other development will have to access through the other areas via Airport Park Boulevard. The Assistant Redevelopment Director stated there are two options for this road, one is to develop Airport Park Blvd. now, with shared costs for its development, or maintain the road until negotiations finalized with adjacent property owners. Reg. Mtg. August 16, 1995 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Councilmember Wattenburger indicated he is more comfortable to move towards a permanent access through the Redwood Business Park. M/S Wattenburger/Schneiter to adopt Resolution No. 96-12 making findings pursuant to Public Resources Code Section 21081 and California Environmental Quality Act (CEQA) Guidelines Section 15091 in connection with the approval of the Mendocino Brewing Company Site Development Permit No. 95-19 submitted by the Mendocino Brewing Company. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 7c. Use Permit Application No. 95-22, as Filed by Friedman Brothers Hardware, Inc., to allow The Construction and Operation'of an 80,000 Square Foot Bulk Retail Hardware Store and a Four Acre Self-Service Drive-Through Supply Yard on 10.5 Acres Located in the Airport Industrial Park The Senior Planner reported on 'the proposed Use Permit application which would allow the construction and operation of an 80,000 square foot bulk retail hardware store and a four-acre self-service drive through supply yard on 10.5 acres located in the Airport Industrial Park. He reviewed the staff report issued to the Planning Commission dated August 4, 1995. He reviewed the Planning Commission action to deny the use permit. Council queried staff regarding number of lots and boundary line adjustments, and the distance between the south line of this property and the Brewery project. Public Hearing Opened - 9:13 p.m. Bill Friedman, President of Friedman Brothers, noted his partners and uncle are here tonight to answer Council's questions and requested Council's approval tonight. He explained our Chief Financial Officer will present a report to Council offering the financial benefits of this project and business to Ukiah. David Proctor, 3297 Juniper Avenue, stated he is 5th generation Santa Rosa, and has been the controller for Friedman Brothers for 10 years. He addressed the benefits of this family business coming to Ukiah. He reviewed their site selection process history from 1990 to current and explained their product lines and the salary levels with benefits paid to 40 full-time positions and 20 part-time positions here in Ukiah. He reviewed statistics they compiled in making the decision to open a store in Ukiah. He noted Friedman Brothers is not a predatory business and they seek to work with other businesses. Bill Friedman addressed the business and family commitment to the community regarding fundraising donations. Donna Roberts, 781 Sidnie Court, read and submitted a letter to Council expressing concern regarding the proposed site and possible reduction of industrial land use. Ernie Olsen, 1133 West Church, is known at both local hardware stores and is part of the leakage from Ukiah to Friedman brothers. He reported on the reasons why he shops Friedman brothers in Santa Rosa, and the amount of money that he spends when he goes south to shop. Darryl Smallton, who lives east of town, was against large development as he is from Santa Rosa and he is anti-growth. He feels that we need a Friedman Brothers here, as this is the type of business people need. He noted that the profits from this store will not go out of state and they spend a lot of money in the community fundraising. He is proud of this business, although he mostly shops Mendo Mill, he stated that letting Friedman Brothers build will be one of the best decisions that Council will make. John Brediascous, a native of Santa Rosa, stated he shops at Friedman Reg. Mtg. August 16, 1995 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Brothers. He reported on his personal and professional knowledge of the Friedman Brothers in Santa Rosa, and his involvement in Youth activities and schools. He testified as to how Friedman Brothers family and their donations to fundraisers for athletics and arts for his non-profit organizations. He urged Council to approve this project. Dick Arneson, Owner of Arneson Furniture, indicated that Ukiah now has the opportunity to bring in a business organization into our community. Let us welcome such a fine family owned business into Ukiah with a unanimous approval of this project. Granville Pool, Redwood Valley, noted our area is prime for a large hardware retailer and we should encourage Friedman Brothers as a family business instead of a Home Depot or Home Base. Lynn Wood, President of the Board of Directors for Chamber of Commerce of Ukiah, reported they polled 100 chamber businesses on a non-scientific basis, done very quickly by telephone, 70% responded favorably at the desired location, 15% were against and 15% had no opinion either way. She summarized that this indicates the business community is for Friedman brothers coming to Ukiah. She indicated the advantages' of reduced retail sales leakage to Santa Rosa, the increased wages and employment to Ukiah, the benefit of this business's community contributions to the Non-profit community, are all positive factors to approve this project. No others came forward. Public Hearing Closed - 10:11 p.m. Councilmember Malone commented the Planning Commission's findings there is no restriction to primary use conflicts when a project meets the conditions, and spoke about the Planning Commission findings. The philosophy of this Park's private development is something else. Councilmember Shoemaker noted he owns a retail nursery and has discussed a possible conflict of interest with the City Attorney, who determined he does not have to sit out of this item of business. He spoke about owning a family business, and the other family owned competitors who may also be financially impacted by a Friedman Brothers coming, and that it is not pleasing to him. Retail uses in the AIP was contentious to him. The Friedman Brother business located in this area is appropriate use. He referred to the buffer on the side of Friedman is the industrial buffer and he will insist on abiding by it. Councilmember Mastin agrees that the industrial buffer should be protected and he is willing to draw the line at this property. He agrees that there may be impact on our local stores, he has counted 20 to 30 stores which carry like kind products in Ukiah. He spoke to other businesses and stated they may ask for marketing assistance and business plans, which is provided by the City of Ukiah. M/S Wattenburger/Mastin to adopt Resolution No. 96-13, making findings pursuant to public resources code section 21081 and California Environmental Quality Act(CEQA) guidelines Section 15091 in connection with the approval of the Friedman Brothers Hardware Inc. Use Permit No. 95-22. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. Councilmember Malone stated the cry that Ukiah businesses will go out of business due to a limited amount of money available in our community just doesn't hold water. 7d. As Requested by Appellant, Continue to September 20, 1995, Appeal of Planning Commission,s Denial of Site Development Permit Application No. 95-28, as Filed by Harold Titen, to Allow a 3-Unit Apartment Structure in the C-1 Zoning District, on Property Located Reg. Mtg. August 16, 1995 Page 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 at 959 North Oak Street, Assessorts Parcel Number 002-114-69, and Located in the C-1, Light Commercial Zoning District It was the consensus of Council to continue this public hearing to September 20, 1995. Recess - 10:25 p.m. Reconvened - 10:34 p.m. NEW BUSINESS 9a. Authorize the Mayor to Execute Participation Agreement with Uklah Valley Sanitation District It was the consensus of Council to continue this matter of business to the regular meeting of September 6, 1995. 9b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing City of Ukiah's Share of Geysers Effluent Project Relative to Geothermal Project It was the consensus of Council to continue this matter of business to September 6, 1995 meeting. 9c. Consideration of Mendoclno Solld Waste Management Authority,s Use of City Property for Hazmobile Program The Assistant City Manager reported on the request to locate this program north of the Animal Shelter on Plant Road which is owned by the City of Ukiah. She indicated that staff will need to evaluate insurance conformance, and could negotiate and bring an agreement back to Council to approve at the next meeting, if desired by Council. It was the consensus of Council for the City Attorney to draft an agreement to return to Council and directed staff to negotiate with MSWA for insurance conformance requirements. 9d . Authorize staff to Award contracts to Metamorphosis Hydroseeding Inc. In the Amount of $12,250 and to California Conservation Corps (CCC) in the Amount of $10,000 for Erosion Control Measures at he Ukiah Landfill. Councilmember Shoemaker indicated he has information that there is another product locally, which is offered, that is comparable and questioned the possibility that this should be addressed by the city bid process. Discussion ensued regarding sole source price and city procedures. It was the consensus of Council to continue this matter to 4:30 p.m. on August 23, 1995. M/S Shoemaker/Wattenburger to authorize staff to award contract to California Conservation Corps in the Amount of $10,000 for Erosion Control Measures at the Ukiah Landfill. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 8b. Receive and Accept Investment Report Regarding city Investment Portfolio from Chandler Liquid Asset Management, Inc. Kay Chandler reported on the analysis of the city's investment portfolio which addressed safety, liquidity and return, portfolio characteristic, market value, the mortgage derivatives, compliance with State law and with the City's investment policy and the six recommendations. She noted it is a real loss when an investment reflects the future stream of reduced revenue that you will receive. She is basing her recommendations that these specific investments are too great of a risk of the public trust funds, as these bonds are Reg. Mtg. August 16, 1995 Page 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 uncertain. The City Treasurer and Ms. Chandler answered Council questions concerning the investment report and the securities market, and various scenarios. It was the consensus to discuss this further in Closed Session. 10. CITY COUNCIL/REPORTS None 11. CITY MANAGER/DEPARTMENT HEAD REPORTS None CLOSED SESSION The City Attorney announced it is advisable to go into Closed Session to discuss the following; 12a. G.C. Section 54956.9 - Conference with Legal Counsel Regarding Potential Litigation 12b. As prevlously approved as an urgency item of business that arose after the close of the agenda, to discuss a personnel matter concerning the City Manager Charles Rough. Council entered Closed Session at 11:53 p.m. Council came out of Closed Session at 1:10 a.m. The City Attorney reported there was no action taken regarding agenda item 12a. 12b. M/S Schneiter/Wattenburger to accept the resignation of Charles L. Rough, Jr., City Manager, including 3 % month's severance pay. The motion was carried by a unanimous voice vote of all AYE. M/S Shoemaker/Malone to appoint Candace Horsley as interim City Manager. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned to August 23, 1995, at 4:30 p.m. in the Civic Center Council Chambers. CCMIN.206 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. August 16, 1995 Page 9 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 DRAFT The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:34 p.m. Roll was taken and the following Councilmembers were present: Mastin, Malone, Shoemaker and Mayor Schneiter. Mayor Schneiter noted Councilmember Wattenburger called and stated he will be a little late. Staff present; City Clerk McKay, City Attorney Rapport, Assistant City Manager Horsley, Planning Director Saywer, Senior Planner Stump, City Engineer /Public Works Director Kennedy, Assistant to the City Manager Harris, and Assistant Redevelopment Director DeKnoblough. Mayor Schneiter announced that an urgent item of business has arisen since the posting of the agenda and requested Council to take necessary action to add an urgency item of business to Closed Session. M/S Shoemaker/Mastin to add this matter of urgent business as an additional closed session item regarding a personnel matter concerning the City Manager. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger. Councilmember Wattenburger arrived at 6:37 p.m. 2. Invocation/Pledge of Allegiance Mayor Schneiter delivered the Invocation and Councilmember Malone led the Pledge of Allegiance. Approval/Correction of Minutes 3a. Regular Meeting of August 2, 1995 M/S Malone/Shoemaker to approve the minutes of the regular meeting of August 2, 1995, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 4. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR Councilmember Shoemaker pulled Consent Calendar Item 5d. Authorize Staff to Award Contracts to Metamorphosis Hydroseeding Inc.~ in the Amount of $12~250: and to California Conservation Corps (CCC) in the Amount of $10,000 For Erosion Control Measures at the Ukiah ~ To New Business Item 9d. M/S Shoemaker/Malone to approve the Consent Calendar as follows; 5a. Received and accepted report of June and July Disbursements. 5b. Denied claims for damages received from Carol Jean Abad; Ronald Cordell; Sandra Porter; and referred them to the City Insurance Carrier, REMIF 5c. Awarded Bid for Six 15KVA Transformers to General Electric in the amount of $5,654.58; three 25KVA to Central Maloney, Inc. for $4,913.13; one 150KVA and one 300KVA transformers to Western States Electric for $5,992.06 and $8,117.75, respectively. 5e. Award Unit Price Contract to Reuser, Inc. for wood and yardwaste removal at Ukiah Solid Waste Disposal Site at $3.75/Cubic Yard and authorized the City Manager to execute letter of agreement. 5f. Approved work as complete by Donald R. Ferranti Construction for construction of Sidewalk, Curb and Gutter, Valley Gutters, and Handicap Ramp Construction at various locations in the City, Reg. Mtg. August 16, 1995 Page 1 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Specification No. 95-04, funded from account nos. 2106-9632-250, 2106-9631-250, 800-3728-250, 300-9631-250, 800-3646-250, and authorized the City Clerk to File Notice of Completion. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. UNFINISHED BUSINESS Sa. Adoption of Resolution Approving Non-Profit Community Funding Appropriations Mayor Schneiter and Councilmember Malone explained their sub- committee review of the applications and reasoning for their recommendations to Council. M/S Wattenburger/Shoemaker adopted Resolution No. 96-9, authorizing 1995-96 grant funding for community based non-profit organizations, for a total funding amount of $28,500. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Mayor Schneiter reported Item Bb. Receive and Accept Investment R~port Regarding City Investment Portfolio from Chandler Liquid Asset Management In¢, will be considered later in the evening. 8c. Report regarding Feasibility Study and Engineering Services for Establishing a 200 foot Corridor Between the City of Ukiah sewer Ponds and the Russian River The Public Utility Director reported there was a previous proposal submitted to Council by the Russian River Coastal Conservancy to widen the Russian River by 200 feet. He requested the work be included as an enhancement to a solution and repair of the pond damage sustained in the flooding of winter 1995/96 rains. Council directed staff at that time to obtain a cost estimate for this work, in conjunction with other engineering work being conducted by Rau and Associates. He reported that Rau and Associates have proposed an additional cost of $12,000 to $15,000 for this additional feasibility study/engineering services for establishing a 200 foot corridor between the city sewer ponds and the Russian River, for a total combined cost to be between $30,000 and $37,000. Discussion ensued regarding the proposal submitted by Rau and Associates, possible reimbursement from FEMA is unknown at this time, repair time frames by this upcoming winter required by Water Quality Control Board. The Public Utility Director reported that Rau and Associates has been sensitive to the design of the slopes of the river banks, and feels the initial design will be adequate without having to move the percolation ponds. He indicated we will soon have a cost estimate to obtain reimbursable amounts from FEMA. Councilmember Shoemaker requested staff to forward this figure to Council as soon as possible. M/S Shoemaker/Wattenburger to move forward with this feasibility study to estimate a 200 foot corridor without actually doing a design, to be completed as soon as possible. The City Attorney noted wording needed for clarification in the motionpertaining to an agreement with Rau minus drawings and need authorization to sign. ~ . Reg. Mtg. August 16, 1995 Page 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Amended Motion by Shoemaker for staff to execute an agreement with Rau and Associates to conduct this study minus the drawings. The amendment to the motion was approved by Councilmember Wattenburger, the maker of the second to the motion. Sd. Nominations to Fill Three Cultural Arts Advisory Board Public Members and One Airport Commissioner with Only One Application Received, Adoption of Resolution Confirming Appointments, and Authorize Readvertlsement of Vacancies Councilmember Shoemaker nominated Beth Campbell to fill one public member vacancy on the Cultural Arts Advisory Board with Councilmember Wattenburger seconding the nomination. The nomination was confirmed with a unanimous voice vote of all AYE. M/S Shoemaker/Malone to adopt Resolution No. 96-10 appointing Beth Campbell to a three year term as a public member representative on the Cultural Arts Advisory Board. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. PUBLIC HEARING - 7:00 p.m. 7a. Airport Industrial Park (AIP) Final Environmental Impact Report, Prepared for the AIP Planned Development Ordinance Amendments, AIP Buildout, Mendoclno Brewing Company Site Development Permit, and Redwood Business Park Tentative Subdivision Map Extension Request. The Airport Industrial Park (AIP) Is Situated Between Highway 101 on the East and the California Railroad on the West, and Between Talmage Road on the North and the Intersection of Highway 101 and the Railroad Tracks to the South Mayor Schneiter polled the Council as to whom had viewed the site and all Councilmembers indicated they have viewed the site. The Senior Planner reported on the public hearings conducted by the Planning Commission on August 9, 1995 regarding the Airport Industrial Park Environmental Impact Report, Mendocino Brewing Company (MBC) Site development Permit application and the Friedman Brothers Hardware, Inc., Use Permit application. He presented the staff report concerning the project descriptions, summary of issues, and the analysis of the EIR and associated projects. Leonard Charles, Environmental Impact Report Consultant, reported on the EIR and the impacts regarding the development of raw land and mitigations. He explained mitigation would be less than adequate regarding the extension of traffic south of airport, pertaining to the neighborhood of noise or character on Norgard, and the process involved for mitigations. Council queried staff regarding a southern access for public safety reasons, percent buildout of the park and time frames, and the existing ordinance zoning land designations is what this EIR addresses. Open Public Hearing - 7:21 p.m. Frank Basik, Mr. Akerstrom's attorney, addressed 'the technical mitigations and understands the amendments will not be addressed. He reviewed the history of the development of this business. He indicated they are in agreement with the EIR consultant that the EIR is adequate and addresses impacts with full disclosure, and urges Council to approve. Gary Akerstrom, investor in the Redwood Business Park, EIR and AIP planned developments and Walmart. He reviewed the history of the park development's EIR. He explained that some of the traffic assumptions in this EIR are different than Walmart and feels they are not correct. He stated he did a traffic study in April that shows the City traffic study is 38% too high. He showed overheads which Reg. Mtg. August 16, 1995 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 explained how to conduct a traffic analysis process involving land coverage, by his analysis. He stated he would be willing to sit down with The City Engineer and work out what is consodered reasonable traffic volumes and then pay his fair share for mitigations. Council queried staff regarding Mr. Akerstrom's figures and reasoning. The City Attorney advised that Council has hired experts which you rely on, which may conflict with the applicant's opinions as to what is reasonable. Eric Larson, 123 Clara, member of Planning Commission, he requested a correction to the draft minutes of the Planning Commission. The City Attorney indicated he could only offer clarification, as the full Planning Commission must take action on it's minutes. Mr. Larson clarified some wording in the draft Planning Commission minutes. No others came forward. Closed Public Hearing - 7:51 p.m. Council queried staff regarding mitigations and the process for findings. The City Attorney advised that the EIR is a snapshot in time of what is projected to occur from each project. He noted it could change for each projects traffic. He noted public comments are submitted during a previous review period where the issues may be addressed by experts prior to submittal of the draft EIR to Council. Mr. Charles stated that the traffic analysis was conducted by Crane Engineering Services who are experts in traffic analysis for EIR's, and were aware that the applicant is an engineer who would scrutinize their figures. Traffic projections vary for types of land use, not coverage, and the consultants knew the applicant felt the projections were different. He reported the levels of service projected in the EIR may never occur as they are worse case scenarios to provide for future possible needs. He referred to Marin and Sonoma at peak hours when traffic systems break down, and that is what traffic engineers try to plan for, so as to avoid this in the future. He indicated that traffic analysis is a very complex process. Council queried .Mr. Charles and city staff regarding southerly routes, the Airport Master plan recommends not extending the runway, non-impact to southerly Airport thresholds, police and fire mitigations will be addressed at budget time of each year, and future sales tax may not be enough to mitigate these impacts. The City Attorney advised Council regarding mitigations for each project and the EIR only identifies impacts with possible mitigations. Council further queried staff regarding cumulative impacts, total buildout projections for wastewater treatment capacity, the use of the AB16 process, the EIR uses the old general plan, as the new general plan had not yet been finalized when the applicant had applied, Council's concern about fill and preservation of the native Oaks, and noise measurements. M/S Malone/Wattenburger to adopt Resolution No. 96-12, making findings pursuant to public resources code section 21081 and California Environmental Quality Act ("CEQA") Guidelines Section 15091, in Connection with the approval of the Mendocino Brewing Company Site Development Permit No. 95-19, Submitted by the Mendocino Brewing Company. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker Reg. Mtg. August 16, 1995 Page 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 and Mayor Schneiter. NOES: None. Councilmember Shoemaker stated the approval of this EIR does not necessarily obligate the next items of business. Recess - 8:30 p.m. Reconvened - 8:37 p.m. 7b. Site Development Permit Application No. 95-19, as Filed by the Mendocino Brewing Company, to Allow Construction of a 57,357 Square Foot Beer Brewing, Bottling, and Packaging Plant on the Southern Portion of the Airport Industrial Park, on Property Zoned Planned Development (PD), Assessor.s Parcel No. 180-110-01 The Senior Planner reported on the proposed project which is located south of the Redwood Business Park and Industrial park. Public Hearing Opened - 8:43 p.m. Victor Lopes, 266 Side Road Ukiah, Architect for this project described the site plans and architect renderings which show adobe type remnant walls. He informed Council regarding the tree preservation efforts, and a higher than expected level above flood plains. He indicated this project's proposed completion date is May 1, 1996. Michael Layborn, CEO for Mendocino Brewing Company, stated that his discussions and meetings with the City planning staff during the past year, is to be commended. Granville Pool, stated it is exiting to see a project with great professionalism. He indicated the aesthetics will be wonderful to see from the Highway. Public Hearing Closed - 8:48 p.m. Council queried staff regarding the access to this project through the City corporation yard road instead of the Airport Road main access. The Senior Planner answered that this road is temporary until completion of this project, when the Airport Road will be primary access. Discussion ensued regarding City street development standards. Councilmember Wattenburger expressed concern regarding the length of time being an unknown for temporary access, and he has problems with the fact that the City is establishing road standards for this project which would be different than what we would require from a development. He feels we should not be different because we are the City. Councilmember Shoemaker concurred, as he is concerned about no time frames for the development of park access and road standards. We should insist on same development standards as we request from others regardless of whether we are the project managers. Councilmember Mastin noted he is also concerned about other development occurring. The Planning Director stated this service road will only serve the Brewery and any other development will have to access through the other areas. The Assistant Redevelopment Director stated there are two options for this road, one is to develop Airport Blvd. now, with shared costs for its development, or just the maintenance road until adjacent property owner negotiations. Councilmember Wattenburger indicated he is more comfortable to move Reg. Mtg. August 16, 1995 Page 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 towards a permanent access through the Redwood Business Park. The Assistant Mendocino Brewing Company Site Development Permit No. 95-19 submitted by the Mendocino Brewing Company. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 7c. Use Permit Application No. 95-22, as Filed by Friedman Brothers Hardware, Inc., to allow The Construction and Operation of an 80,000 Square Foot Bulk Retail Hardware Store and a Four Acre Self-Service Drive-Through Supply Yard on 10.5 Acres Located in the Airport Industrlal Park The Senior Planner reported on the proposed Use Permit application which would allow the construction and operation of an 80,000 square foot bulk retail hardware store and a four-acre self-service drive through supply yard on 10.5 acres located in the Airport Industrial Park. He reviewed the staff report issued to the Planning Commission dated August 4, 1995. He reviewed the Planning Commission action to deny the use permit and findings. Council queried staff regarding number of lots and boundary line adjustments, and the distance of the south line of this property and the Brewery project. Public Hearing Opened - 9:13 p.m. Bill Friedman, President of Friedman Brothers, noted his partners and uncle are here tonight to answer Council's questions and requested Council's approval tonight. He explained our Chief Financial Officer will present a report to Council offering the financial benefits of this project and business to Ukiah. David Proctor, 3297 Juniper Avenue, stated he is 5th generation Santa Rosa, and has been the controller for Friedman Brothers for 10 years. He addressedbthe enefits of this family business coming to Ukiah. He reviewed theri site selection process history from 1990 to current and expalined their product lines and the salary levels with benefits paid to 40 full-time positions and 20 part-time positions here in Ukiah. He reviewed statistics they compiled in making the decision to open a store in Ukiah. He noted Friedman Brothers is not a predatory business and they seek to work with other like kind businesses. Bill Friedman addressed the business and family commitment to the community regarding fundraising donations. Donna Roberts, 781 Sidnie Court, read and submitted a letter to Council expressing concern for location of proposed site and reduction of industrial land use. Ernie Olsen, 1133 West Church, is known at both local hardware stores and is part of the leakage from Ukiah to Friedman brothers. He reported on the reasons why he shops Friedman brothers in Santa Rosa, and the amount of money that he spends when he goes south to shop. Darryl Smallton, who lives east of town, was ~against large development as he is from Santa Rosa and he is anti-growth. He feels that we need a Friedman Brothers here, as this is the type of business people need. He noted that the profits from this store will not go out of state and they spend a lot of money in the community fundraising. He is proud of this business, although he mostly shops Mendo Mill, he stated that letting Friedman Brothers build will be one of the best decisions that Council will make. John Brediascous, a native of Santa Rosa, stated he shops at Friedman Brothers. He reported on his personal and professional knowledge of the Friedman Brothers in Santa Rosa, and his involvement in Youth activities and schools. He testified as to how Friedman Brothers Reg. Mtg. August 16, 1995 Page 6 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 family and their donations to fundraisers for athletics and arts for his non-profit organizations. He urged Council to approve this project. Dick Arneson, Owner of Arneson Furniture, indicated that Ukiah now has the opportunity to bring in a business organization into our community. Let us welcome such a fine family owned business into Ukiah with a unanimous approval of this project. Granville Pool, Redwood Valley, noted our area is prime for a large hardware retailer and we should encourage Friedman Brothers as a family business instead of a Home Depot or Home Base. Lynn Wood, President of the Board of Directors for Chamber of Commerce of Ukiah, reported they polled 100 chamber businesses on a non-scientific basis, done very quickly by telephone, 70% responded favorably at the desired location, 15% were against and 15% had no opinion either way. She summarized that this indicates the business community is for Friedman brothers coming to Ukiah. She indicated the advantages of reduced retail sales leakage to Santa Rosa, the increased wages and employment to Ukiah, the benefit of this business's community contributions to the Non-profit community, are all positive factors to approve this project. No others came forward. Public Hearing Closed - 10:11 p.m. Councilmember Malone commented that regarding the Planning Commission's findings there is no restriction to primary use conflicts when a project meets the conditions, and noted that findings must be able to be mitigated, and spoke about each of the Planning Commission findings. The philosophy of this Park's private development is something else. Councilmember Shoemaker noted he owns a retail nursery and has discussed a possible conflict of interest of City Attorney, who determined he does not have to sit out of this item of business. He spoke about owning a family business, and the other family owned competitors who may also be financially impacted by a Friedman Brothers coming, and that it is not pleasing to him. Retail uses in the APIP was contentious to him. The Friedman Brother business located in this area is appropriate use. He referred to the buffer on the side of Friedman is the industrial buffer and he will insist on abiding by it. Councilmember Mastin agrees that the industrial buffer should be protected and he is willing to draw the line at this property. He agrees that there may be impact on our local stores, he has counted 20 to 30 stores which carry like kind products in Ukiah. He spoke to other businesses and stated they may ask for marketing assistance and business plans, which is provided by the City of Ukiah. M/S Wattenburger/Mastin to adopt Resolution No. 96-13, making findings pursuant to public resources code section 21081 and California Environmental Quality Act(CEQA) guidelines Section 15091 in connection with the approval of the Friedman Brothers Hardware Inc. Use Permit No. 95-22. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. Councilmember Malone stated the cry that Ukiah businesses will go out of business due to a limited amount of money available in our community just doesn't hold water. 74. As Requested by Appellant, Continue to September 20, 1995, Appeal of Planning Commission,s Denial of Site Development Permit Application No. 95-28, as Filed by Harold Titen, to Allow a 3-Unit Apartment Structure in the C-1 Zoning District, on Property Located at 959 North Oak Street, Assessor,s Parcel Number 002-114-69, and Reg. Mtg. August 16, 1995 Page 7 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 Located in the C-1, Light Commercial Zoning District It was the consensus of Council to continue this public hearing to September 20, 1995. Recess - 10:25 p.m. NEW BUSINESS Reconvened - 10:34 p.m. 9a. Authorize the Mayor to Execute Participation Agreement with Ukiah Valley Sanitation District It was the consensus of Council to continue this matter of business to the regular meeting of September 6, 1995. 9b. Authorize the Transfer from NCPA Operating Funds of Approximately $495,377 Representing City of Ukiah,s Share of Geysers Effluent Project Relative to Geothermal Project It was the consensus of Council to continue this matter of business to September 6, 1995 meeting. 9c. Consideration of Mendoclno Solid Waste Management Authority,s Use of City Property for Hazmobile Program The Assistant City Manager reported on the request to locate this program north of the Animal Shelter on Plant Road which is owned by the City of Ukiah. She indicated that staff will need to evaluate insurance conformance, and could negotiate and bring an agreement back to Council to approve at the next meeting, if desired by Council. It was the consensus of Council for the City Attorney to draft an agreement to return to Council and directed staff to negotiate with MSWA for insurance conformance requirements. 9d . Authorize staff to Award contracts to Metamorphosis Hydroseeding Inc. In the Amount of $12,250 and to California Conservation Corps (CCC) in the Amount of $10,000 for Erosion Control Measures at he Uklah Landfill. Councilmember Shoemaker indicated he has information that there is another product locally, which is offered, that is comparable and questioned the possibility that this should be addressed by the city bid process. Discussion ensued, regarding sole source price and city procedures. It was the consensus of Council to continue this matter to 4:30 p.m. on August 23, 1995. M/S Shoemaker/Wattenburger to authorize staff to award contract to California Conservation Corps in the Amount of $10,000 for Erosion Control Measures at the Ukiah Landfill. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent: None. 8b. Receive and Accept Investment Report Regarding City Investment Portfolio from Chandler Liquid Asset Management, Inc. Kay Chandler reported on the the analysis of the city's investment portfolio which addressed safety, liquidity and return, portfoliio characteristic, market value, the mortgage derivatives, compliance with State law and with the City's investment policy and the six recommendations. She noted it is a real loss when an investemnt reflects the future stream of reduced revenue that you will receive. She is basing her recommendations that these specific invetments are too great of a risk of the public trust funds, as these bonds are uncertain. Reg. Mtg. August 16, 1995 Page 8 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 16, 1995 The City Treasurer and Ms. Chandler answered Council questions concerning the investment report and the securities market, and various scenarios. It was the consensus to discuss this further in Closed Session. 10. CITY COUNCIL/REPORTS None 11. CITY MANAGER/DEPARTMENT HEAD REPORTS None CLOSED SESSION The City Attorney announced it is advisable to go into Closed Session to discuss the following; 12a. G.C. Section 54956.9 - Conference with Legal Counsel Regarding Potential Litigation 12b. As previously approved as an urgency item of business that arose after the close of the agenda, to discuss a personnel matter concerning the City Manager Charles Rough. Council entered Closed Session at 11:53 p.m. Council came out of Closed Session at 1:10 a.m. The City Attorney reported there was no action taken regarding agenda item 12a. 12b. M/S Schneiter/Wattenburger to accept the resignation of Charles L. Rough, Jr., City Manager, including 3 % month's severance pay. The motion was carried by a unanimaous voice vote of all AYE. M/S Shoemaker/Malone to appoint Candace Horsley as interim City Manager. The motion was carried by a unanimous voice vote of all AYE. ADJOURNMENT There being no further business, the meeting was adjourned to August 23, 1995, at 4:30 p.m. in the Civic Center Council Chambers. CCMIN.206 Cathy McKay CMC/AAE, City Clerk Reg. Mtg. August 16, 1995 Page 9 DRAFT HINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - August 23, 1995 The City Council convened in a regular adjourned meeting, of which the agenda was legally noticed and posted, at 4:30 p.m. Roll was taken and the following Councilmembers were present: Mastin, Shoemaker and Mayor Schneiter. Absent: Councilmembers Malone and Wattenburger. Staff present: City Treasurer Coyne, Interim City Manager Horsley, City Attorney Rapport, City Engineer/Public Works Director Kennedy, Public Utility Director Barnes, and Executive Assistant Yoast. Mayor Schneiter announced there has been an urgent item of Council business which arose after the close of the agenda, and as requested by the City Treasurer, Council needs to take action to add this matter to the ~agenda under the New Business portion of this agenda. M/S Schneiter/Mastin to add this urgent matter to this agenda under New Business as Item 5c. The motion was carried by a unanimous voice vote of all AYE. Councilmembers Malone and Wattenburger were absent. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures regarding the appeal process. CONSENT CALENDAR 3a. Cancellation of Previous Awarded -Contract and Approval of Sodium Hydroxide Bid for the Water Treatment Plant and Award to Jones Chemical in the Amount of $334.25 M/S Shoemaker/Mastin to release Jones Chemical Company from the obligation to supply product at a unit price of $334.25 per dry ton and to bill the company the increase incurred by awarding the bid to the next lowest bidder, Sierra Chemical Company. At a unit price of $368.05 per dry ton. The moti6n was carried by the following roll call vote: AYES: Councilmembers Mastin, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Malone and Wattenburger. UNFINISHED BUSINESS 4a. Award of Contract for Hydroseeding at the Ukiah Solid Waste Site in the Amount of $12,250 for the Application of a Lime Matte Erosion Control Blanket at Ukiah Landfill The City Engineer reported to Council regarding the question of Metamorphis Hydroseeding Inc. being a sole source supplier and composition of the seeding material. Councilmember Shoemaker stated he would like to see staff conduct an open bid process next year for this same material. M/S Shoemaker/Mastin to award the contract to Metamorphis Hydroseeding Inc. in the amount of $12,250 for the application of Poz-o-cap erosion control matte at the Ukiah Landfill'. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Malone and Wattenburger. NEW BUSINESS Sa. Award of Contract to Conduct a Feasibility Study for VOC Remediation at the Ukiah Solid Waste Site The City Engineer/Public Works Director reported the North Coast Regional Water Quality Control Board (NCRWQCB), through the issuance of Waste Discharge requirements order No. 94-123, has Reg. Adj. Mtg. August 23, 1995 Page 1 directed the City to perform an engineering feasibility study and to implement volatile organic compounds (VOC) corrective action measures within specific time frames. He explained 33 requests for proposals were sent with 10 proposals received and reported on the top five ranking consultants and evaluation for top three consultant companies. He reviewed cost factors and the possibility of altering the change of scope of services pending further discussions with the NCWQCB and possible negotiations with the top consultants. Council queried staff regarding how VOC's are detected, the landfill's past three years of monitoring finds no detectable VOC's, how volatile compounds degrade naturally, reduced leachate is due to increased capping of the landfill and compaction, previous results of monitoring specific test wells, depths of monitoring wells, and government code Section 4526 regarding selection of professional services. The City Engineer noted a change in recommendation to authorize the City Manager to negotiate a contract and service agreement with Dames and Moore and to approve expenditure of funds for engineering of a mitigation system if needed, in an amount not to exceed $20,000 which will come from the set aside funds for cleanup mitigation, and to be used for Phase II of Task iii, which is the the leachate extraction work. Councilmember Mastin indicated his discomfort with the shallowness of the monitoring wells which are 20 feet below under the garbage level. It is his hope that a consultant will look into this matter thoroughly. The City Engineer/Public Works Director reported on depths of existing monitoring wells and the proposed services by each consultant company and along with their respective bids and detail of hours required. M/S Schneiter/Shoemaker to authorize the City Manager, in conjunction with the City Attorney and Director of Public Works, to negotiate a service agreement with Dames and Moore Company. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Malone and Wattenburger. 5b. Consideration of Banner Pole System for State Street and Award of Bid to Wipf Construction for an Amount Not to Exceed $2,000, for Installation of Footings The Interim City Manager reported on the need to install a pole system on State Street for hanging Banners which are requested by the public of the Community Services department. She indicated this will include removing the facade attachment from the side of McNabs Mens Ware. M/S Mastin/Shoemaker to approve the revised banner pole program and authorize the Interim City Manager to execute the contract with Wipf Construction to install banner poles in an amount not to exceed $2,000. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin, Shoemaker and Mayor Schneiter. NOES: None. Absent: Councilmembers Malone and Wattenburger. 5c. City Treasurer Report Concerning City Investments' The City Treasurer requested that his August 18, 1995 report to the City Council be entered into the record in its entirety. He noted he is requesting the City Council to approve the sale of liquid assets as listed in the investment portfolio, in which he is recommending, except for one exception, the same recommendation received from Chandler and Associates. Discussion ensued regarding the reasoning behind the one exception by the City Treasurer to not sell the one investment at this time, and the legal authority to whom the responsibility of selling these investments, belongs to, and how the selling process is Reg. Adj. Mtg. August 23, 1995 Page 2 implemented for the best possible price. Councilmember Shoemaker stated his concern that we have not fully discussed strategies to approach the original sellers regarding these investments, and time frames which may affect the final outcome. The City Treasurer stated these investments are subject to a great deal of volatility and price or possible loss on the portfolio. He explained the current weekly trend. Mayor Schneiter read a letter received from John McCowen to the Council into the record. Mayor Schneiter stated that the advise and opinion which was contracted for from Chandler and Associates, is consistent with the City Treasurer's recommendation, with one exception, and he feels we should take this professional advise. Discussion ensued regarding the duration of the investments analysis and the possibility of losses in respect to interest rates and the legal possibility of reimbursement. Councilmember Shoemaker stated his concerns that he prefers holding onto these investments, to not realize a loss at this time, and still recuperate. Mayor Schneiter stated that having a poorly rated portfolio could jeopardize our future ability for bond issues in areas surrounding NCPA and our own, and he would like to initiate compliance at this time. The City Treasurer stated that our portfolio, in its current form, is so bad there is a chance that Standard and Poor's and Moody's will not even give us a rating. He urged the Council to authorize the sale of these investments so that efforts may be initiated to develop a good portfolio. Councilmember Shoemaker indicated his concern that he has never seen the revenue generated by these particular investments, which may reduce the apparent loss of millions, and he would like this information. He also indicated he would have liked to have seen results of negotiations with the brokers who sold us these investments originally. As he does not have this information, he is uncomfortable making this decision tonight, which will result in the loss of a million or so dollars. Richard Johnson, Publisher of Mendocino Country Environmentalist, office located in Talmage, stated he viewed a television show regarding derivatives, which was informative, and showed him they are mysterious and unsecure. He indicated that many governmental agencies have been burned by these types of investments offered by the investment professionals. He stated that billions of dollars have been lost by governments, with no information regarding where the money went. He further stated in the future this will be viewed as the biggest scam perpetrated on governmental agencies ever. Although it is easy to blame certain prior officials, it appears to be time to take responsibility to cut the losses at this time and follow the experts advise. Councilmember Mastin indicated he is also uncomfortable with having to take this action, but he firmly believes that the buck stops with the Council and he is willing to make this difficult decision to correct errors of the past. Councilmember Shoemaker stated he would like further information concerning the probable cash flow needs of the City of Ukiah for the future. M/S Schneiter/Mastin to follow the action suggested by the City Treasurer and agree that he begin to sell the investments as he described in the report to the Council. Reg. Adj. Mtg. August 23, 1995 Page 3 Discussion ensued regarding the past years's cash flow needs, and how the City Treasurer assisted the City Manager in the development of the 1995/96 budget regarding cash flow needs. Mayor Schneiter called for the question. The motion was carried by the following roll call vote: AYES: Councilmembers Mastin and Mayor Schneiter. NOES: Councilmember Shoemaker. Absent: Councilmembers Malone and Wattenburger. Mayor Schneiter thanked the City Treasurer for this information, in knowing that the City Treasurer has the ability and responsibility of selling these investments, even without Council authorization. He indicated he would like a full report as to the results of this sale. Gordon Johnson, reporter for KZYX, questioned if anyone.has talked to the District Attorney regarding this violation of the government code and possible criminal action? Mayor Schneiter thanked Mr. Gordon for his comment. ADJOUI~IMEN? There being no further business the meeting was adjourned at 5:55 p.m. CCMIN.207 Karen Yoast, Executive Assistant Reg. Adj. Mtg. August 23, 1995 Page 4 ITEM NO. Sa. DATE: September 6, 1995 AGENDA SUMMARY REPORT SUBJECT: Deny Claims for Damages Received from Indus Food DBA Wendy's; Denise I. Brant; and Refer to City Insurance Carrier REMIF The claim from Wendy's Restaurant was received timely by the City Clerk on August 9, 1995 for an alleged electrical power problem which damaged a compressor on July 31, 1995. The claim from Denise Brant was received timely by the City Clerk on August 16, 1995 for alleged damages resulting from a problem with the intersection at Beacon Road and South State Street occurring on August 6, 1995. RECOMMENDED ACTION: Deny Claims for Damages Received from Indus Food DBA Wendy' s; Denise I. Brant; and Refer to City Insurance Carrier REMIF Acct. No. (if NOT budgeted): N/A Acct. No.N/A ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by City Risk Manager. Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A .~ Requested by: (?. t/~(~ Prepared by: Cathy McKay, City Clerk Coordinated with: Candace Horsley, Interim City Manager Attachments: 1. Wendy'..s Restaurant and Brant claims NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA .... ..... ~ ~" ~ ~ ~' ~ This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf· !9!35 RETURN TO: City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, california 95482 ® · Number/Street and Post Office Box City State Home Phone Number Zip Code ~Work Phone Number · · · NAME AND ADDRESS OF CLAIM SHOULD BE .SENT PERSON TO WHOM NOTICES REGARDING THIS (if different than above): DATE OF THE ACCIDENT OR OCCURRENCE: PLACE OF THE ACCIDENT OR OCCURRENCE: · · GENERAL DESCRIPTION OF THE ACCIDENT OR additional pages if more space is needed): NAMES, LOSS: OCCURRENCE (Attach / ' - IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR ! · · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS TELEPHONE B. NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: NAME ADDRESS TELEPHONE 10. GENERAL DESCRIPTION OF THE LOSS, INJURY. OR DAMAGE SUFFERED: 11. 12. TOTAL AMOUNT CLAIMED: THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: ~_~_ ~ Other prospective special damages: Prospective general damages: , $ The claim shall be s~.gned by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. Yl-G-~ATURE OF CLAIMANT (S) Received in City Clerk's Office this 'I day of L~[~ ~ (,' .~ .: SIGNAT/IREV/- / NOTE: This form of claim is for your convenience only,//an d~ any other type of form may be 'used if desired, so long as it satisfies t~e requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3: FORM~CLAIM Rev: 3/10/95 ._J I0 11 12 13 14 15 16 17 18 19 2O ')1 22 23 24 25 26 27 28 29 30 IN THE MATrER OF ~ CLAIM OF DENISE L. BRANT, CLAIMENT, SUBURBAN PROPANE, CO3NFY OF MENDOCIhI3 & CITY OF UKIAH Denise L. Brant hereby presents this claim to SUBURBAN PROPANE, ODUNI~ OF MENDOCIbl) & CITY OF UKAIH. 1. The name and address of claJn~nt: Denise Lorraine Brant, 26 Meadowbrook Drive #B, Ukiah, California, 95482. 2. The claJn~nt z~=quests 'U'~L notice of action on this claim be addressed to the address indicated above. 3. THE DATE AND PLACE GIVING RISE TO THIS CI2kIM ARE: On August 6,1995, at the comer of Beacon Lane and South State Street, ajoining the parking lot of Suburban Propane, at 1400 South State Street, A.P.N. #00339044. 4. THE CI~ANCES GIVING RISE TO ~HIS CLAIM ARE AS FOLI12~S: An obvious attempt to protect property creating an obstruction, causing enevitable h~_zard with no regard to safety. 5. THE INCIDENT OF THE ACCIDENT: Traveling east bound on Beacon Lane to stop sign at the corner of State Street. I, Denise, had to move up appproximately fifteen feet in front of stop line to 9et visible access on to South State Street, makin9 a right hand turn, was un~ of the small brick w-all that stands 10' tal] and not visible frcm inside the vehicle, when the rear tire caught the steel support on the wa] ], which caused damage to the tire, bent the rim and bent the axel of the right rear. The stop sign at the said corner stands seventeen feet behind the wal 1 and the w-mi I sits twenty two inches out from the sign. 10 11 12 13 14 15 16 17 18 19 20 2i 22 23 24 25 26 27 28 29 30 6. The rumnes of mi ] responsible parties may not be known to claiment at this time. 7. The as of August 11,1995, is $2,016.51. ClaJn~nts property d~nage is an estimate. Further expenses may be incurred. 8. TH~ BASIS OF ~ CY]MPt~ATION OF ~HE ABOVE ~MOUNT IS AS FOLIK~S: Parts including; Axel Beam, Stub Axel and Wheel Disc (Rim) Tire and installation of Estimate of labor on the parts Five day rental of car ($26.00 x 5) Day off work to locate Transportation Time put into estimates, research, typing Cam~va, film, Development of film, mailing fees Towing fr~n hc~e to shop Total of expenses = $914.56 $129.41 = $413.04 = $130.00 = $120.00 = $200.00 = $ 64.50 = $ 45.00 $2,016.51 I sincerely request response on this matter within 14 days or I w~]] be forced to take further action with whatever steps deems th~nself necessary. o~ ITEM NO. DATE: SEPTEMBER 6. 1995 AGENDA SUMARY REPORT SUBJECT: APPROVAL OF SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP OF MINOR SUBDIVISION NO. 95-06 MC DONALD'S DEVELOPMENT AT THE NORTHWEST CORNER OF NORTH STATE STREET AND EMPIRE DRIVE Pursuant to Section 66462 of the Subdivision Map Act, and the City of Ukiah Resolution No. 4, the subdivider has elected to enter into a Subdivision Improvement Agreement which will require and guarantee the construction of the conditioned and required public improvements. Submitted for approval and authorization for the Mayor to execute, is the Agreement for Subdivision Improvements with contract security (Irrevocable Letter of Credit No. 00361079, issued by the First Chicago, The First National Bank of Chicago) and Certificates of Insurance. Pursuant to the Agreement, which has been executed by the subdivider, the Work of Agreement is to be completed on or before December 31, 1995. RECOMMENDED ACTION: Approve the Agreement for Subdivision Improvements with Contract Security and Certificates of Insuran~, and authorize the Mayor to execute the Agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: Approval of the Subdivision Agreement is ministerial. 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 Larry Woods, Associate Civil Engineer Coordinated with: Candace Horsley, Acting City Manager Attachments: 1. Agreement for Subdivision Improvements. 2. Irrevocable Letter of Credit No. 00361079, dated June 23, 1995. 3. Insurance Certificates. A;~a~95-06 ~ UKIAH, CA State St/Empire Dr. L/C: 4-2230, File 12682 AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT is made and entered into by and between the City of Ukiah, California, hereinafter referred to as "City", and McDonald's Corporation~' hereinafter referred to as "Subdivider", both of whom understand as follows: *dba Delaware McDonald's RECITALS: Subdivider has presented to City for approval a final subdivision map (hereinafter called "Map") entitled "Parcel Map MS 95-06". The Map has been filed with the City Clerk of City for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; Subdivider has requested approval of the Map prior to the construction and completion of improvements, including all streets, highways or public utility facilities which are a part of, or appurtenant to the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with and as required by the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of the subdivision, which plans and specifications are now on file in the office of the City Engineer of the City: This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Chapter 1 of Division 9, Ukiah City Code. NOW THEREFORE, for and in consideration of the approval of the Map and of the dedications offered in the Map, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said code, the parties agree as follows: 1. PERFORMANCE OF WORK. Subdividers will do and perform, or cause to be done and performed, at Subdivider's own expense in a good and workmanlike manner and furnish all required material, all under the direction and to the satisfaction of the City Engineer of City, all of the following work and improvements within (and/or without) the Subdivision, to wit: The work and improvements described herein and/or shown upon the improvement plans for said Subdivision Sheets C2, C3, and C4 of Job No. 1088 and Sheets L1, L2 and L3 of DWG NO 04-2230 , on file in the office of the City Engineer of the City of Ukiah, Drawing No. 95-15, which is incorporated herein by reference. The estimated total cost for said improvements of $16673.00 as described in the document entitled "Estimate of Probable Construction Cost, McDonald's Restaurant, Empire and State, Ukiah", a copy of which is attached hereto and incorporated herein by reference. The Subdivider shall also do all work and furnish all the materials necessary in the opinion of the City Engineer, and on his order to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by s aid Engineer, which in his opinion are necessary or required to complete the work. 2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER. All of said work is to be done at the places, of the materials, in the manner and at the grades, all as shown upon the plans and specifications therefor heretofore approved by City Engineer and which are now on file in his office and to the satisfaction of said City Engineer. 3. WORK: TIME FOR PERFORMANCE. Subdivider agrees to complete such work on or before the 31st day of December, 1995. At least fifteen calendar days prior to the commencement of work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof so that City Engineer shall be able to provide services of inspection. 4. TIME OF ESSENCE - EXTENSION. Time is of the essence of this agreement; provided that in the event good cause is shown therefor, the City Manager may extend the time for completion of the improvements hereunder. If Subdivider has secured its performance with a Letter of Credit, the City shall not extend the time for performance unless the expiration of the Letter of Credit is extended by the same amount of time. Any such extension may be granted without notice to the Subdivider's surety and extensions so granted shall not relieve the surety's liability on the bond to secure the faithfifi performance of this agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. REPAIRS AND REPLACEMENTS. Subdivider shall replace, or have replaced, or repair, or have repaired as the case may be, all pipes and monuments shown on the Map which may have been destroyed or damaged and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political and subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. PERMITS: COMPLIANCE WITH LAW. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 7. SUPERINTENDENCE BY SUBDIVIDER. Subdivider shall give personal superintendence to the work on said improvement or have a competent foreman or superintendent satisfactory to the City Engineer on the work at all times during progress with authority to act for Subdivider. 8. INSPECTION BY CITY. Subdivider shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the work and to the shops wherein the work is in preparation. 9. CONTRACT SECURITY. Concurrently with the execution hereof, Subdivider shah furnish improvement security consisting of one or more of the following: (1) a cash deposit or deposits made with the City, (2) a bond or bonds by one or more duly authorized corporate sureties or (3) an instrument or instmrnents of credits from one or more financial institutions subject to regulation by the state or federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment and agreeing that the funds designated by the instrument shall become trust funds for the purposes set forth in the instrument. Said improvement security shall be in the amounts and for the following purposes: (a) an amount equal to or at least one hundred (100%) percent of the total estimated cost of the improvement conditioned upon the faithful performance of this agreement and (b) an additional amount equal to not less than fifty (50%) of the total estimated cost of the improvement securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for the improvement. Any reductions authorized to be made in the amount of the improvement security shall be effected by a refund from any cash deposits made or a partial release of any surety bond or instrument of credit. If Subdivider deposits a cash security with City, it shall have no obligation to account to Subdivider for interest on said deposit from the date of deposit until said security is expended or returned to Subdivider. City shall have no obligation to record the Map unless or until Subdivider has executed this Agreement and furnished contract security as required by this Agreement. 10. RELEASE OF SECURITY. Reductions in the faithful performance improvement security may be made in such amounts as in the opinion of the City Engineer and the City Manager will equal not more than ninety (90%) percent of the estimated cost of improvements then satisfactorily completed. Said 11. 12. reductions shall be authorized upon the filing with the City Clerk of a written certification by the City Engineer and the City Manager that the work covered thereby has been satisfactorily completed and stating the amount of the reduction authorized. The balance of said improvement security shall be released after one (1) year following the acceptance of such improvements by City provided that Subdivider has fully complied with all conditions of this agreement including Section 15 thereof;, provided, hbor and material security may be released six (6) months after acceptance of work. HOLD-HARMLESS AGREEMENT. Subdivider hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death as well as from claims for property damage which may arise from Subdivider's or Subdivider's contractors, subcontractors, agents or employees operations under this agreement whether such operations be by Subdivider or by any Subdivider's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any Subdivider's contractors or subcontractors. Subdivider agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused or alleged to have been caused by reason of any of the aforesaid operations; provided as follows: a. That City does not and shall not waive any rights against Subdivider which it may have by reason of the aforesaid hold-harmless agreement because of the acceptance by City or the deposit with City by Subdivider or any of the insurance policies described in paragraph 12 hereof. b. That the aforesaid hold-harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of any of the aforesaid operations referred to in this paragraph regardless of whether or not City has prepared, supplied or approved of plans and/or specifications for the subdivision or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. SUBDIVIDER'S INSURANCE. Subdivider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Subdivider, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: . Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). . Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if Subdivider has employees who will directly or indirectly provide service or support Subdivider in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCE Subdivider shall maintain limits no less than: . General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Worker's Compensation and Employer's Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Subdivider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provision: 1. General Liability and Automobile Liability Coverages ae The City, its officers, officials, employees and volunteers are to be covered as insureds as respects 1) liability arising out of activities performed by or on behalf of the Subdivider, 2) products and completed operations of the Subdivider, 3) premises owned, occupied or used by the Subdivider, or 4) automobiles owned, leased, hired or borrowed by the Subdivider. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The Subdivider's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Subdivider's insurance and shall not contribute with it. C, Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Subdivider's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employer's Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees or volunteers for losses arising from work performed by the Subdivider for the 3. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified rm_i_!~ remm receipt requested, has been given to the City. E. ACCEPTABH~ITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE Subdivider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City. Where by statute, the City's worker's compensation-related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. G. SUBCONTRACTORS Subdivider shall include contractual liability in its coverage of all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each such contractor or subcontractor. All coverages for contractors or subcontractors shall be subject to all of the requirements stated herein. 13. TITLE TO IMPROVEMENTS. Title to and ownership of all improvements constructed hereunder by Subdivider shall vest absolutely in City upon completion and acceptance of such improvements by City, free of all liens, claims or other encumbrances. 14. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK. If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to the City repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may at its option make the necessary repairs or replacement, or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen (15) percent. 15. SUBDIVIDER NOT AGENT OF CITY. Neither Subdivider nor any of Subdivider's agents or contractors are or shall be considered to be agents of City in connection with performance of Subdivider's obligations under this agreement. 16. COST OF ENGINEERING AND INSPECTION. Subdivider shall pay City for all engineering, inspection, and other services furnished by City in connection with the subdivision. Where fees are established for such engineering, inspection or other services by ordinance or regulation of City, Subdivider shall pay on the basis of those established fees. Where no fees are established Subdivider shall pay the actual cost to City. City shall furnish statements of all charges for services performed by City and Subdivider shall complete payment of such charges within ten (10) days to take over the performance of the contract and does not commence performance thereof within five days after notice to City of such election, City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable for the account and at the expense of Subdivider and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and in such event City, without liability for so doing, may take possession of and utilize in completing the work such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 17. NOTICES. All notices herein required shah be in writing and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager, Civic Center 300 Seminary Avenue Ukiah, California, 95482 Notices required to be given to Subdivider shall be addressed as follows: One McDonald's Plaza Oak Brook, IL 60521 Attn~ Director, Development Team Legal - 091 Notices required to be given surety of Subdivider shall be addressed as follows: First Chicago, The First National Bank of Chicago Trade Finance One North Dearborn - 9th Floor, Mail Suite 0812 Chicago, Illinois 60670-0812 U.S.A. Provided that any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. DATED AND EFFECTIVE this day of "CITY" CITY OF UKIAH BY MAYOR ATTEST: CITY CLERK "Subdivider" McDonagd' s Corporation, cDonald' s Corporation Michael J /ise -' " ~ ~i~i~lan~'V~ent ATTEST: ~J. Director McDONALD'S CALIFORNIA ACKNOWLEDGMENT STATE OF ILLINOIS COUNTY OF DuPAGE On June 28, 1995, before me, Ercie Berwick, Notary Public, personally appeared Michael J. Sise, Assistant Vice President and Edward J. Pacana, Director of McDonald's Corporation, dba Delaware McDonald's Corporation, a Delaware corporation, personally known to me, or proved to me on the basis of satisfactory evidence, to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. ! s~'o~ BERWICK [ {NOTARY PUBLIC STATE OF ILL.OrS{ My commission expires on Erice Berwick Notary Public in and for said State S"F A t".; D B Y C I:;~ IE D ]; T TRADE FINANCE ONE NORTH DEARBORN - 9TH FLOOR, MAIL SUITE 0812 CHICAGO, ILLINOIS 60670-0812 U.S.A. Telex: TRT 190201 FNBC UT Swift Address: FNBCUS44 ITT 4330253 FNBCUI FAX: (312) 407-I 065 TEL: (312) 407-3843 DATE: JUNE 23, 1995 THE CITY OF UI<IAH 30(') SEMINARY AVENtJE UI-:::IAH .~ CCi 95482 GENTLEMEN: DRAFTS DRAWN MUST BE MARKED: WITH OUR REF NO: 00361079 OPENER'S REFERENCE NO: 4 / 2230 BY THE ORDER OF: MCDONAI_D ' S CORPORATION ONE MCDONALD'S PLAZA OAI< BROOK, IL 6(')521 WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE CREDIT NO: 00361079 FOR THE ACCOUNT OF MCDONALD'S CORPORATION FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE US DOLLARS 25,797.(}0 (TWENTY FIVE THOUSAND SEVEN HUNDRED NINETY SEVEN AND N0/100 US DOLLARS) AVAILABLE BY YOUR DRAFTS AT SIGHT ON THE FIRST NATIONAL BANk:; OF CHICAGO, CHICAGO, IL, USA EFFECTIVE JUNE 23, 1995 AND EXPIRING AT OUR OFFICE ON JUNE 22, 1997. FUNDS UNDER THIS CREDIT ARE AVAILABLE AGAINST YOUR DRAFT(S) MENTIONING OUR CREDIT NUMBER. THE BELOW-MENTIONED DOCUMENTS MUST BE PRESENTED AT SIGHT ON OR BEFORE THE EXPIRY DATE ON THIS INSTRUMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT. 1. A CERTIFIED STATEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF UKIAH (AND SIGNED AS SUCH), STATING THAT MCDONALD'S FAILED TO C(]MF'LETIE THE INSTALLATION OF A NEW CURB GUTTER, SIDEWALK AND STREET TREES OR RELATED TIMES AT EMPIRE AND STATE STREET, WITH A COPY OF SAID STATEMIENT SI=NT AT LEAST THIRTY (30) DAYS PRIOR TO DRAFT, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED TO MCDONALD'S AT MCDONALD'S PLAZA, OAK BROOk::, IL 6(")521, AT'TN: DIRECTOR, DEVELOPMENT LEGAl_ DEF'ARTMENT; AND CC: MCDONALD'S, AT MCDONALD'S PLAZA, OAI< BROOk::, IL AT'fN: TREASURER. WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION IF PRESENTED ON OR BE:FORE THE EXPIRY DATE. THE ORIGINAL LETTER OF CREDIT MUST ACCOMF'ANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT. Ti'IE C..REDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMI='r'..!TARY CREDI]'S ( 1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE -F:'tJBI_ I CAT I ON 500. F'LEASE ADDRESS Al_l_ CORRESF'ONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF OUR LETTER OF CREDIT UNIT, TRADE SERVICE GROUP, MENTION;lNG OtJR REFERENCE NUMBER AS IT APF'EARS ABOVE. VERY TRULY YOURS ]'HE FIRS]' NATIONA_.L. BANk:: OF CHICAGO '"-F~EPARER/At~TH[~R I ZED ~.} ~ A LI'T H ID R I Z ~ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ARTHUR J. GALLAGHER & CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE GALLAGHER CENTRE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TWO PIERCE PLACE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ITASCA, IL 60143-3141 'COMPANY LETTER A INSURED MeDe,Bid's C~rp,,ratie~ EtaL COMPANY One McOonmid's Plaza LETTER Oeldxook, IL 60521 COMPANY McDonalds Corporation & all wholly owned sub. LETTER C ZURICH INSURANCE COMPANY 2480 N. FIRST STREET, #220 COMPANY SAN JOSE CA 95131 LETTER O NAT'L STORE # 04700 MCOPCO # 04700 COMPANY ' LETTER E THIS IS TO CERTIFY THAT THE PCLIC'.ES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REO. UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LC?Rl TYPE OF INSURANCE POLICY NUMBER I I POLICY EFFECTIVE POLICY EXPIRATION DATE OQM/OO/YY~ DATE {lfl~/OO/Y~ LIMITS I , JGE~ERA[ LIABILITY GENERAL AGGREGATE CCMMERC!AL GENERAL LI~B~L~,'P'f PRODUCTS-COMP/DP ~,GG. -- OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE J S __ F~E DAMAGE IA.v o., f~,.I J S , MED. EXPENSE (Any on. p.r,o.)J $ ~ A~OMOBILE LIABILITY j __ COMBINED SINGLE LIMIT ~~ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per eccidentJ $ GARAGE LIABILITY . PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM~:~:~:~:~:~:~:~:~:~:~:~:~:~:-:~:~:~:~:~:~:~:.:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:`:~:~:~:~:~:~:~:~:~:~ .. _____ _AGGREGATE ..~i .......... . .............. C ~OfWC U009477 01/01/95 12/31/95 EACH ACC,DENT $ DISEASE . POLICY LIMIT $ I D~SEASE · EACH EMPLOYEE $ EMPLOYERS' LIABILITY , OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS FOR UNOPENED LOCATION 004-2230 STATE STREET & EMPIRE UKIAH, CA City of Ukiah CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 300 SEMINARY AVENUE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ~ MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. UKIAH CA 95482 ar ................. I, . , --.. , , ....... ~,,- -., ~-. · ::: , ,, ,. , ,: :. : : :: : ;':. : :.:'.: ,: ::::"-':'-::::'i: ' 'i'::: ........ ::':::::::'':ii': : ::: : :i .......... Z'"::':':::'"'":"! , PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION A2THUR j. GALLAGHER & CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE T~E GALLAGHER CENTRE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TWO PIERCE PLACE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ITASCA, IL 60143-3141 COMPANY LETTER A ROYAL SURPLUS'LINES McOaneid's Corporation, EteL INSURED COMPANY ROYAL INDEMNITY On. IdcOenatd'= Plaza LETTER Oa~oo~ IL 60521 COMPANY - McDonalds Corporation & all wholly owned sub. ~TT~, C 2480 N. FIRST STREET, ~220 COMPANY SAN JOSE CA 95131 LETTER O NAT'L STORE ~ 04700 MCOPC0 ~ 04700 ' LETTER E T;HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND;CATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ~LL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHQWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co~ ~E OF INSU~NCE POLI~ NUMBER POLI~ ~FE~ POLI~ EXP~TION LTR~ DA~ ~DD/~ DA~ ~DD/~ ~,~ L~ I { ~.~.~L ~~ ~s 2.000.000 ~:0"',':':: ~,~*~ ~:,,~,~ :'KHA 007159 J 11/01/94 11/01/95 J ,,o~c~s-co.,'o. ~.,., 2.000.000 ~::~::::::, .~OCCUR'I { PERSONAL & ~OV. INJURY ::::::~?:::~ ~;~ ~o~ 1,000 ,000 A ~ o~,~.~ ~ :o,~c~o~.~ ~o~ ~ ~ ~~c~~s 1,000,000 ~ A~OMOBILE L~IL~ ~  COMBINE~ SINGLE L;MIT ANY ~'~ ALL OWNED ~UTOS BODILY INJURY , SCHEDULED AUTOS (Per person)  HIRED BODILY INJURY NON-OWNED AUTOS (P.r accident) ~ GARAGE L~ABILI~  PROPERTY DAMAGE  XCESS L~IL~ EACH OCCgRRENCE OISEASE - POLICY LZMIT EMPLO~ L~ , 9~SEASE - EACH EMPLOYEE O~ER , B PROPERTY-"ALL-R~SKS" RHD 303383 11/01/94 11/01/95 Fuji Rep]~cemen~ Cos~ DESCRIPTION OF OPE~TIONS/LO~TIONS/~HICLES/SPEC~ I~MS FOR UNOPENED LOCATION 004-2230 STATE STREET & ENP~RE UK~AH. CA ,, . ..... ;..... ........................................ : ............................................................................................ ..........,... C~ty of U~h CANCELLATION 300 SEH~NARY AVENUE ~x.,~o. o~ ~,~o~. ~ ,ssu~.a co..~ ~,~~~,~ 30 UK~AH CA 95482 :: ...... _ ....................... .... ~ .., .... , _~, ................................................................................................................................................................ :": ........................................... ................. :,..,.., ....... ,: ...... ,.., .... ,, ,",',','"', ..... ,.., ....... PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ARTHUR J. GALLAGHER & CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE GALLAGHERCENTRE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TWO PIERCE PLACE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ITASCA, IL 60143-3141 'COM.ANY COMPANIES AFFORDING COVERAGE LETTER A ROYAL SURPLUS LINES INSURED McOo..~d'. C.,,.,.~.. E,.L CO~P*~Y ROYAL INDEMNITY O.. McDeneld'~ Plaz. LETTER Oek~oo~ IL 60521 B COMPANY McDonalds Corporation & all wholly owned sub. L~ c 2480 N. FIRST STREET, ~220 co~,..~ SAN JOSE CA 95131 LETTER D NAT'L. STORE ~ 04700 MCOPCO ~ 04700 LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DA~ ~DD/~ DA~ ~DD/~ LIM~S . ~=~-',*~,~:,*,,~::,' 007159 11/01/94 11/01/95 ~o~:,.~,.~:~. Is 2,000,000 ,  COMBINED SINGL~ LIMIT ~ ~NY AUTO ALL OWNED AUTOS ~ BODILY iNJURY SCHEDULED AUTOS (Per ~erson) HIRED AUTOS ~ BODILY :N JURY NON-OWNED AUTOS (Per accident) ~ PROPER~ DAMAGE GARAGE EXCESS L~ILIW EACH OC~gRRENCE .UMBRELLA FORM AGGREGATE ,:~.:+..:.... ....... ~ ..... .,.,. ........ . ............. . ............ EACH ACCIDENT ~D DISEASE - POLICY LIMIT J E~PLO~RS' L~lL~ DISEASE - ~CN ~MPLOYE~ B ~PROPERTY-"ALL-RISKS" RHD 303383 11/01/94 11/01/95 Full Replacement Cost DESCRIPTION OFOPE~TIONS/LO~TIONS/~HICLES/SPEC~ ~MSBOTH (ADD ITIONAL INSUR'ED/~ CITY OF UKIAH, IT'S OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS /FOR GENERAL LIABILITY AS THEIR INTEREST MAY APPEAR * SEE ATTACHED FOR MORTGAGE HOLDER * ' , , . ........................ , .......... ,.. City of Ukiah CANCELLATION 300 SEMINARY AVENUE ~x,,~o, o.m mE~O~, m~ ~=su,,: 30 DAYS WHITEN NOTICE TO ~E CERTIFI~ HOLDER NAMED TO THE LEFT, UKIAH CA 95482 I ........... 1.1~! I~ ..................... ~.._ JT ' r AUTOMOBILE LIABILITY SPECIAL ENDORSSMENT Mrr ~u OFt ~'~ or ~~, ~~ (the "~lty''~ f ~ · ; 6-26-95 PRO~UC~ ~CY INF'O~MATION; ~~ J. ~T,T,A~ & C~~ · ~~;~ Z~i~ ~s~ce ~~y ~NO PI~ P~CE ~ ~U009475 IT.~, ~ 60143-3141 ~,~~ 12-31-94 (~ 12-31-95 Phone ~ (708).773-3800 Lo~Z~~ ~ , T~,, ~ ~ ~ ~~~~.s 1,000,000 ~~ ,.~b.~ ....... O~ B~K, ~ 60521 ~,.~mmum~~ 004-2230 S~te ~d ~~e S~ts . ., . ~~, ii t ~YPE OF I~URANCE ' OTH~ PROVerbS ~ ' , i ~ _ i iii J I I i i i LIMIT OF LIABILi ~ ~ ~IMS~ ~,~ ~p~ ~. ~m,. ~. ~~' ~ C~a~ Ce~te~ ,],ooo,ooo _w.~.-~,.~.~~.~ ~ ~o~o ~~ize ~2~, ~,~e 600. . ~ { ?0~50~-0002 $~!~o~s 605 i i all ---- ii ' , ENDORSEME~ HOLDER , - i lU, i i i I .... ~ i i i Cl. - ~eY ~ kind ~e ~meflt~ ~um~ C~p~y End by ~ ~na~ h~ do m bind 1~ ~~W~ a~. l~J ~ ". , 2 If you have any questions, please call Robert J. Gorman, Account Executive, 708-285-3895 Item No. 7a Date: Sept. 6, 1995 AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute a Participation Agreement between the City of Ukiah and the Ukiah Valley Sanitation District. REPORT: The currem Participation Agreement between the City of Ukiah and the Ukiah Valley Sanitation District expired on July 1, 1995. Since both parties were desirous to continue their currem relationship a new Participation Agreement was developed. This new Participation Agreement is based on the terms of the old Agreement relative to cost sharing and services provided. The Agreement has been reviewed by legal council for both the City of Ukiah and the Ukiah Valley Sanitation District and was approved by the Ukiah Valley Sanitation District Board of Directors at their regular meeting of July 20, 1995. Staff Recommends Approval and Execution of the Participation Agreement.. RECOMMENDED ACTION: Authorize the Mayor to Execute a Participation Agreemem between the City of Ukiah and the Ukiah Valley Sanitation District. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Direct Staff to Draft Alternative Agreement. Acct. No. (If not budgeted): Acct. No. (if budgeted) Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Darryl L. Bames, Director of Public Utilities Coordinated with: Candace Horsley, Acting City Manager Attachment: 1) Participation Agreement APPROVED~~e~./ PARTICIPATION AGREEMENT BETWEEN TIlE CITY OF UKIAH THE UKIAH VALLEY SANITATION AGREEMENT THIS AGREEMENT is made this %%~ day of ~U~. , 1995, between the CITY OF UKIAH, California, hereinafter referred to as "CITY," and the UKIAH VALLEY SANITATION DISTRICT, hereinafter referred to as "DISTRICT." PREMISES The Ukiah Valley Sanitation District was duly created and formed by the Board of Supervisors of Mendocino County on July 6, 1954, for the purpose of providing sewage facilities for the unincorporated areas suburban to the City of Ukiah. The City of Ukiah has need for continuinG operation of the sewage disposal facilities to satisfy the present and future sewage disposal requirements of its inhabitants, and Both CITY and DISTRICT have determined that present and future needs will best be served through the operation of joint facilities and that these facilities will best serve the interests of the City of Ukiah and the Ukiah Valley Sanitation District and the inhabitants thereof. AGREEMENT CITY and COUNTY agree as follows: · 1. The annual costs for treatment, including maintenance, operation, expansion, upgrading, administration, insurance and financial services of the entire sewer system (treatment plant, trunk sewer, and collection system) shall be apportioned between the CITY and DISTRICT each year based upon the ratio of CITY to DISTRICT sewer service units for each year of operation. For the purpose of this Agreement, one sewer unit is defined as being a single unit of sewer discharge having characteristics of flow, B.O.D. and suspended solids equivalent to that generated and discharged by a typical single family residential unit. CITY shall be the paying and receiving agent for all DISTRICT operation and maintenance funds. Cost apportionment between CITY and DISTRICT as described above shall be adjusted annually at the beginning of each fiscal year of operation based upon the ratio of CITY to DISTRICT equivalent sewer service units on record as of March 31 each year. 2. CITY shall obtain and maintain liability and property loss insurance coverage in the sum of $5,000,000 to protect DISTRICT and CITY against claims or losses, naming both DISTRICT --1-' and CITY as insured parties. Nothing in this paragraph or this Agreement is intended to have the effect of making either party, or its officials, agents or employees liable for the torts, contracts or other obligations or debts of the other; provided, however, that DISTRICT's insurance shall cover CITY employees for claims arising out of such CITY employees performance of services under this Agreement. 3. The title, management and control of the sewer treatment plant and any additions or changes to it shall remain in CITY. CITY shall maintain said plant and furnish personnel for the maintenance, operation and control of said plant. CITY shall also service and maintain the trunk lines and collection lines. 4. CITY will not contract with any person, firm, or corporation outside DISTRICT's boundaries for treatment of sewage for said persons, firms, or corporations without the consent of DISTRICT. 5. DISTRICT will not contract with any person, firm, or corporation outside DISTRICT's boundaries for treatment of sewage for said persons, firms, or corporations without the consent of CITY. 6. To carry out the purpose of this Agreement, the Board of Directors of DISTRICT and the City Council of CITY shall meet together at such times and places as they shall agree, but in any event at least once a year beginning with the effective date of this Agreement. ?. The term of this Agreement shall be thirty (30) years. CITY or DISTRICT may cancel this Agreement by giving the other party five (5) years advance written notice. 8. CITY or DISTRICT may connect the sewage collector mains and house laterals which have or may hereafter be constructed by the other, at points mutually agreeable to the City Engineer or other representative of CITY and to the District Engineer or other representative of DISTRICT. 9. CITY shall operate, maintain and repair DISTRICT's sewage collection system, including all sewer mains and laterals constructed within the DISTRICT as part of its sewer collection system. CITY shall maintain the system in good repair, and shall make all required repairs within a reasonable period of time. As part of its obligation under this Agreement, CITY shall construct all required sewer laterals for new connections from the nearest main to the property line. If a subdivider is required to install sewer Lines as a condition of the subdivision's approval, CITY shall be required to inspect the construction of those lines to insure compliance with DISTRICT standards, but CITY shall not be required to construct the lines or contract for their construction. -2- 10. CITY shall provide such maintenance, operation and repair in accordance with the rules, regulations and ordinances of DISTRICT applicable thereto as DISTRICT may from time to time adopt. 11. DISTRICT will establish by ordinance or resolution, as appropriate, such rules and regulations as are necessary for the orderly administration of DISTRICT's system. These rules and regulations shall include the use of the public sewers and drains, the installation of sewer lines and connections in buildings, the installation of sewer laterals and public sewer mains and the extension, of these, the discharge of waters and wastes into the public sewer system, and sewer fees and-charges, including connection fees, service fees, and capacity charges. 12. DISTRICT will establish such fees and charges as will be sufficient to reimburse CITY for its actual costs of issuance of permits and cost of inspection. CITY shall maintain full and complete accounting records on such services, which will allow the review of such charges not less than once each year so they may at all times reflect such actual costs. 13. CITY will maintain complete records and accounts relating to costs and expenditures made pursuant to or in connection with this Agreement, and of all sewer service revenues which it may have collected. The parties hereto have set their signatures below. CITY OF UKIAH By Mayor UKIAH VALLEY SANITATION DISTRICT Chairperson ATTEST: City Clerk -3- AGENDA SUMMARY Item No. 7b Date: Sept. 6, REPORT 1995 SUBJECT:Authorize the Transfer of $495,377 from the City of Ukiah's General Operating Reserve, held by Northern California Power Agency, to fund the City's Share of the Geysers Effluent Pipeline Project. REPORT: Steam production from the Geysers reached a maximum in 1987 and has been declining each year. The reason for the decline is the depletion of reservoir pressure caused by the net mass withdrawal of fluid from the reservoir. On average, only about one-third of the steam mass that is produced can be recovered from the cooling towers and made available for injection. NCPA and the other steam field operations in the southeast portion of the field have more recently demonstrated that a managed injection program can positively impact reservoir performance by decreasing the rate of pressure and flowrate decline. Specifically, on the NCPA lease, all water that has been injected since 1991 has been recovered as steam. It has been demonstrated that injected water boils rapidly, and that it can be effectively used to resupply steam within the reservoir for added production. Therefore, our ability to additionally benefit from this process is c[ffectly dependent on our ability to access additional water sources. Three years ago it became apparent that 26 mile-long pipeline project could meet this need for additional water. A sufficient supply of water could seemingly become available through acceptance of treated effluent from the Lake County Sanitation District, supplemented by makeup water from Clear Lake. On May 28, 1992 the NCPA Commission approved an Agreement-h-Principle with Lake County to determine if such a project was feasible. An interim Operating Committee was formed by the project participants including NCPA, to jointly develop the necessary contractual agreements, environmental documents and engineering design. The anticipated pipeline aligm~ent, project costs and funding plan has been finalized. (Continued on page 2) RECOMMENDED ACTiON:Authorize the Transfer of $495,377 from the City of Ukiah's General Operating Reserve to fund the City's Share of their Geysers Effluent Pipeline Project. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Alternate Funding. Acct. No. (ff not budgeted): Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, Acting City Manager Attachment: 1) Attachment 1 Acct. No. (if budgeted) (Continued) Page 2 The project consists of a 20 to 24 inch diameter, 26 mile pipeline and required pumping facilities necessary to deliver treated effluent from the Lake County Sanitation District and makeup water from Clear Lake at a combined flow averaging 5,400 GPM. The proposed pipeline route is shown on Attachment 1 and includes both the makeup water from Clear Lake and the distribution pipelines through the injection area. The partners in the pipeline project, in addition to Lake County, include all the steam suppliers and power plant operators in the southeast Geysers, specifically NCPA, Unocal, and Calpine. The additional 1,800 GPM, as NCPA's 1/3 share of the total flow, will in effect double NCPA's injection volume. The effect of the additional injection is to both increase the total recoverable reserves obtained from the Steam Field and extend the life of the Geothermal Project. The total amount of steam capable of being produced by NCPA through the year 2022 including the benefit obtained from the Effluent Pipeline Project is currently estimated at 401 billion pounds of steam or 23,702 GWH, an increase of 70% over the alternative forecast without the additional water injection. Besides increased generation, the field life will be extended an additional 10+ years when compared to the case without additional injection. The cost to construct the proposed jointly-owned and operated 20 to 24 inch diameter pipeline and required pumping facilities is estimated to be $34.4 million. The $34.4 million is to be funded by contributions of $6.0 million from NCPA and Calpine, $6.3 from Unocal, and LACOSAN will be committed to provide $12.6 million. In addition, NCPA is to advance $3.5 million to be recovered by reduced future royalty payments. Therefore, NCPA contribution to the construction of the pipeline is estimated to be $9.5 million. Total construction costs will not be exceeded without prior approval of all the project participants including NCPA. NCPA's share of any approved increase would be 25%. The pipeline facilities to be constructed between Clear Lake and the Point of Delivery near Middletown are to become the property of LACOSAN. The portion from the Point of Delivery to the end of the main pipeline within the Geysers will be owned by the steam suppliers (NCPA, Unocal and Calpine). The annual operating expenses of the project including the cost to obtain and pump water to the Geysers and other variable and fixed costs is estimated at $2.54 million. LACOSAN will share in the joint pipeline O&M costs by contributing the equivalent of their avoided costs for disposal of the effluent by another means available. NCPA's annual share will be one-third of the amount that remains or approximately $0.75 million. NCPA's share of the Project cost, currently estimated at $9.5 million, will be funded by the NCPA Geothermal Project Participants based on their participation percentages. The City of Ukiah's participation is 5.2145%, which results in a contribution of $495,377. Staff would recommend that these funds be transfer from the City's General Operating Reserves, currently showing a balance of $2,012,606, held on deposit at NCPA. Clear Lake Water Intake S.E. GEYSERS EFFLUENT PIPELINE AND INJECTION PROJECT PARTICIPA~S Ltke County Se~uitatlon OlsLriet Northern CaLtfornla Power A~ency ~' '' Calpin~ Co~ora~on Unoc~ Corpora~on P~c~ie Ga. & ~1~o~o Comp~ C~o~a ~n~ Co~on U.S. Deponent of Ener~ U.S. ~reau of ~d M~ement U,3, Bn~o~en~al Proration A~ency U.S. Economic Development ~dmiustra~on ! I SE Regional Wl~tlwater Treatment Plant FIWY 53 City of Clear Lake Cache Creek City of Lower Lake HWY 29 Middktown Wirer Treatment Plant Bear Caoyon Punlp Statlonl IIWY 175 Middletown AGENDA SUMMARY ITEM NO. 7C DATE: SEPTEMBER 6, 1995 REPORT SUBJECT: AWARD OF BID TO FURNISH AND OPERATE SCRAPER AT SOLID WASTE DISPOSAL SITE AS NEEDED THROUGH AUGUST 31, 1996 TO WIPF CONSTRUCTION AND ANALYSIS OF IN-HOUSE OPERATION VERSUS CONTRACTOR SERVICES In response to the City's Request for Bid, two (2) bids were received and opened on August 8, 1995 for providing one 20-25 cubic yard twin engine open bowl scraper with operator and backup unit for the purpose of excavating soil material from on-site borrow pits for placement to the tipping areas, construction of berms for landfill cells, and to assist in miscellaneous earth work projects at the Ukiah Solid Waste Disposal Site. Bids were solicited from nine businesses. Of the two bids received, one was a "No Bid" and the other bid was from Wipf Construction, at a rate of $137.00 per hour. In addition, the Director of Public Works and the Garage Supervisor researched the feasibility of purchasing or leasing a scraper and providing a City employee as operator. Their findings are attached in an information report. Although, leasing a new scraper or purchasing a used scraper is a possibility, based on the information received, the Director of Public Works recommends the continued rental of a scraper and operator. The processing of cover dirt, grading, interim cover and compaction has been budgeted ($237,000) under account number 660.3401.250, Contractual Services. Wipf Construction has been performing this function for a number of years at the Disposal Site. The Director of Public Works has been satisfied with the previous performance of Wipf Construction and therefore, recommends accepting Wipf Construction's Bid for furnishing a twin engine scraper with operator and backup unit at a rate of $137.00 per hour. RECOMMENDED ACTION: Award bid to Wipf Construction'for rental of scraper with operator and backup unit at the City Disposal Site on an as needed basis at a fixed rate of $137.00 per hour through August 31, 1996. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject Wipf Construction bid. 2. Refer to staff for rebid. 3. Further investigate other options. Acct. No. (if NOT budgeted):N/A Acct. No.: N/A Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: Rick Kennedy, Director of Public Works/City Engineer Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, Acting City Manager Attachments: 1. Scrapper Rental Specifications 2. Wipf Construction - Bid Response 3. Informational Report - Scrapper Lease/Purchase Options R: 1 \LANDFILL:kk:AWlPF.2 CITY OF UKIAH SCRAPER RENTAL SPECIFICATIONS July, 1995 The City of Ukiah invites bids to furnish and operate one 20 - 25 cubic yard twin engine open bowl scraper, similar to a Caterpillar 627B for the purpose of excavating soil material from on-site borrow pits for placement to the tipping areas, construction of berms for landfill cells, and to assist in miscellaneous earth work projects. The location of the work is the Ukiah Solid Waste Disposal Site, 3100 Vichy Springs Road, Uklah. Consideration will be given to hauling rate capabilities, machine age, condition, horsepower, as well as hourly rate. CaI-Trans equipment rate schedule may be used for machine comparison. Hourly rate to include necessary haul-in and haul- out charges. Bidder shall include on his bid the experience of the operator. References may be required. Bidder shall indicate hourly rate for actual operation which shall include operator at prevailing wage, fuel, lubricants, all equipment repairs and maintenance. Bidder shall also provide a back-up scraper, with equivalent hauling rate capabilities, in the event of a breakdown of the primary unit. Payment will be made on the hourly basis at the bid rate for actual hours of operation. NOTICE TO BIDDERS - Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes, copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done are on file in the office of the City Engineer. LICENSE AND INSURANCE REQUIREMENTS- Bidder must possess a State of California License C-12 or Class A and return completed Insurance package (attached) upon the award of the bid. Please direct any questions pertaining to insurance package to: Assistant City Manager/Risk Manager, Candace Horsley at 707-463-6212. CONTRACT TERM - Rates to be firm through August 31, 1996. The City will rent the equipment only on.an as-needed basis and reserves the right to terminate the contract at any time without penalty if in its opinion further work is not needed, the equipment and/or operator is not performing at maximum production levels, or for any other reason deemed valid by the City of Ukiah, and no commitment is hereby made or implied by awarding this contract, that the contractor is guaranteed a CITY OF UKIAH SCRAPER RENTAL SPECIFICATIONS Page Two minimum number of rental hours. Based on last years operations, approximately 1300 hours of scraper rental was required. Generally, earthwork operations are required in a continuous basis, however, during the rain season earthwork operations are usually discontinued because of saturated soil conditions. From time to time, during time of favorable weather and soil conditions during the winter, earthwork operations are commenced for purposes of stockpiling daily cover. BACKUP SECONDARY UNIT - Bidder shall include a description of the make, model, condition and hauling rate of the backup scraper. INSTRUCTIONS TO BIDDERS - City Staff will provide job supervision and coordination of work with other landfill operations. All quotations must be signed and Bid Opening Date and Time must be shown on submitting envelope. DScraper TO: WIPF CONSTRUCTION P.O. Box 234 Ukiah, CA 95482 CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6200 REQUEST FOR BID NO FAX WILL BE ACCEPTED THIS IS NOT AN ORDER DATE: 7/24/95 REQ. NO. E 12680 BIDS WILL BE RECEIVED UNTIL 2:00 p.m. August 8, 1995 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Cathy McKay BIDS ARE REQUESTED FOR ~ FOLLOWING ITEMS: QUANTITY DESCRIPTION TERMS: DEL. TO: DEL. DATE: ALL BIDS SHALL BE F.O.B. UKIAH, CA. UNIT PRICE Furnish and operate one 20 - 25 cubic yard Twin Engine Open Bowl Scraper at the Ukiah Solid Waste Disposal Site as per attached City of Ukiah specifications. Backup scraper 627A OPERATOR - JIM MOODY 25 YEARS EXPERIENCE · BIDDER: WIPF CONSTRUCTION TITLE: O W N E R Phone: (707) 462-8741'~--" DATE/BID: AUGUST 8, 1995 137.00 137.00 TOTAL Hour hour TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate Items unless specifically denied by bidder. 3. In CASE OF DEFAULT, the City of Uklah may procure the Items quoted on from other sources and hold the original bidder liable for any Increased costs. 4. All substitutions shall show manufacturer's name, catalog number and comparable specs. 5. The price, terms, delivery point, and delivery date may Individually or collectively be the bass o! the awarding of the bid. B. ALL BIDS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Uklah, within 30 days constitutes a contract. , REPORT COST COMPARISON OF IN-HOUSE OWNERSHIP AND OPERATION vs. CONTRACTUAL SERVICES FOR SCRAPER AND OPERATOR SUMMARY As directed by City Council, Staff has prepared this report for the purpose of comparing the cost of City ownership and operation versus the cost of contracting for the furnishing and operation of a self- propelled, rubber/tired scraper at the Ukiah Landfill. The City currently contracts with Wipf Construction for this service and Staff recommends that the City continue with this contractual service. Attached to this report are assumptions for in-house ownership and operation, estimates, memos, and reference material. Based on the assumptions, it would at least cost the City approximately $88.00 per hour to own and operate with a full-time City employee an equivalent scraper as the one provided by Wipf Construction. Wipf Construction has submitted a bid of $137.00 per hour. The difference of $49.00 represents the difference between City wages and prevailing wages and an allowance of approximately 16 percent for overhead and margin. If the service is contracted out, the service provider must pay prevailing wage. The prevailing wage for a Group 4 Operating Engineer in Area 2 is $38.86 per hour. Allowing a markup of 33 percent for employer paid taxes and other direct expenses the total hourly employee cost to the employer is $51.70. At City wages and direct costs the hourly cost is $20.95, a $30.75 per hour difference. The potential savings to the City should it elect to own and operate the scraper is $53,900 per year based on 1,100 yours of use per year; over a four (4) year use, the savings are projected at $215,600. Based on the anticipated savings, it is tempting to pursue ownership and operation, however, the risk of ownership is great. Scrapers, particular used ones, are high repair and maintenance items. In most cases, repairs will have to be performed by specialty technicians which will necessitate the need to transport the scraper out of area. Long downtimes of four (4) to six (6) weeks can be expected. Recently, Wipf's scraper was down four (4) weeks for repair, however, the City was provided a replacement unit pursuant to the Service Agreement. Under City ownership, it will be necessary to incur additional costs to contract for a replacement unit during those times the City's scraper is down for repairs. Another disadvantage to City ownership and operation is the need to hire a full-time operator even though the scraper does not run 12 months out of the year. Given our experience with part-time employees and their skill level, full-time employment would be the only way to attract a highly skilled operator to accept the position. During times this employee is sick or on personal leave, the scraper will be down. Under a contractual agreement, the service provider must provide a replacement operator should the primary operator be ill. Although more costly, the contractual arrangement lowers the City's risk for this needed service. Estimated man-hours expended on research, discussion and report for this item is 16 hours. HOURLY OPERATIONAL COST FOR 627 SCRAPER Interest on Loan ($18,750/4 x 1,100) = Principal Payment ($31,250/ 1,100) = Insurance ($1,250/1,100 hour) = Tire Replacement = Tire Repairs at 15% = Fuel ($12,375/1,100) = Lubrication at 50% of fuel = Mechanical Repairs/Allowance = Less Salvage ($12,500/1,100) = Heavy Equipment Operator $43,555/2,080 = TOTAL ESTIMATED COST HOURLY COST $ 4.25 $28.40 $ 1.15 $ 6.35 $0.95 $11.25 $ 5.60 $20.00 ($11.35) $66.60 $20.95 $87.55 NOTE Prevailing wage for Group 4 Operating Engineer in Area 2 = $38.86 x 1.33 taxes and other direct expenses = $51.68 say $51.70. Scraper $66.60 Labor $51.70 $137 - 118.30 = 15.8% for OH and margin 118.30 Labor at prevailing wage Labor cost for City Employee $51.68 per hour $20.95 $30.73 CALCULATIONS OF OPERATIONAL COSTS FOR SCRAPER AT LANDFILL CITY-OWNED AND OPERATED ASSUMPTIONS Cost of used Scraper 8 to 10 years old (Approximately 16,000 hours) $125,000 City borrows money to purchase used Scraper at 6% interest compounded annually for 4 years. Total interest over the 4 year period is $18,750 based on assumptions that first payment of principal is made at end of first year. Principal for loan is repaid in equal installments over 4 years. Yearly principal payment $125,000 ~- 4 = $31,250 Assume yearly insurance premium at 1% of equipment value or $1,250 per year. Utilization is 1,100 hours per year based on history of use. Total hours of use over 4 years = 4,400 hours Fuel consumption approximately 100 gallons per 8 hours at $0.90 per gallon for diesel = 1,100 hours per year x 100 gallons per 8 hours = $13,750 = $12,375 per year ~- 1,100/hour = $11.25 per hour New tires at $3,500 each x 4 tires = $14,000 per set - tire life at 3,000 hours Purchase twice = $28,000 ~- 4,400 hours = $6.35 per hour M.E.M.O.R.A.N.D.U.M DATE: TO: FROM: August 10, 1995 Rick H. Kennedy, Director of Public Works/City Engineer Don Denham, Garage Supervisor OPTIONS ON OWNERSHIP OR LEASE OF A 627 SIZE SCRAPER LEASE Caterpillar will only lease "new" scrapers. They have found used scrapers are not reliable enough to turn a profit in a lease situation. The governmental price on a new scraper (627 size) is approximately $482,625, (depending on equipment options). Based on this figure, a five (5) year payoff lease would run $9,263 per month at a 5.9 percent interest rate. At the end of the five (5) years the City would own it and the scraper should have approximately a $250,000 sellable value. Or, at $7,885 per month for five (5) years with a balloon payment of $96,342 can be arranged. At this time the machine could still be sold for approximately $250,000. PURCHASED USED A used 627 size scraper can be purchased for about $115,000 to $125,000 depending on condition and various options found on a used scraper. At the end of five (5) years a used scraper should have about a $50,000 to $75,000 sellable value. NOTE: A new machine can be maintained for five (5) years at a greatly reduced cost than a used machine over five (5) years old. The $115,000 to $125,000 used unit described above would be in the range of 8 to 10 years old. With an older machine, you must also consider the loss of production during the increased downtime for repairs. Hours spent on research, discussion and report for this item - 4 hours. R:lhnW MKENNEDY.8 M.E.M.O.R.A.N.D.U.M DATE: August 7, 1995 TO: FROM: Rick H. Kennedy, Director of Public Works/City Engineer Don Denham, Garage Supervisor LANDFILL SCRAPER MAINTENANCE COSTS The following information was furnished to me by Bill Drew of Peterson Tractor and is the only guide line available in this area to measure the maintenance costs for this size scraper in used condition. By using the following information and known working conditions, I would estimate repair and maintenance costs to be $20 per hour of operation. Cost distribution is estimated to be 55 % parts and 45 % labor These estimates are based on a Cat. 627 tandem engine scraper with a 20 yard capacity such as the one employed at the landfill at present. R: 1 ~LANDFILL MKENNEDY AUG '95 ,' .. 9:46 FROM PETERSON WILLITS Owning & Operating Costs I ~ Repair Reserve PAGE.003 PIPELAYERS I I II ! I ! ! I t I I t ,~ol'l i ! I I±111 I.I I I I i I i I I I Il Ilt ,,,.1 IH1IT_! 1 ! 1 II il IIII!111111 I1 I.Illl.'l.! I IJ I I i i I II tll I III "'l.t,l.l,l.l.!~'[J..I I]llllllllllllll Coat dl~trlbUtlon Extended-life Multlpllem 60% Parts (Not available) 40% Labor Includes basic pipelayer equipped with counterweight and boom. WH SCRAPERS .............. "% EEL-TRACTOR ! II I ...... i ! L t ' .L .... L_,[ 1., ,,=,.,.,,! ! II Lt 1 ].I..[.I.I..LL] I I I 1'["I1 i1'1 .I. l l ,,=~.,.,!]~ l Rill U,I].I I. [1111111 i 1I i ,~,1 t IlJ..l LLLBJJ_! I ! t ! 1 ! i I l I..l].1 -,,i.I..LI f'lTl'"l' It:llI.LIJI_LIlI_ll Itl '>.- ,,,1111-I-I'I'111 IJ, t i I I-ILI'I'I'II I./.i !' ,.~,,M~I I I i 11 L I il t"-LI I ! i I r'l I I !.! 1.'[1.[ ~ i I 1111' l-i"l]'t' FI !_1 ! I 11 '1.1.111. I1.1 ..,~;1111111111 t'tlilJlIIITill t. II ~,,~i I I 1 t t t I__LI 111.1..l I l.l.l. Ll 1.1..[lt ! ,..~11 i I 1 t III i I I.i I i t/i t!-1111111 Il lilllll[lll, lll llll..i I'.[l.l.l..l. I I I t I I I I I I 1 I.I.,ll..1.HIlIlIlIlllIItli 1111 t I ! II i 1.1'1-1'!i! 11 t l.J.I ..1_1 t I..l..l. IJ I I t t ! I ! I 1 i I I tl !111tl l-l't-'l I t H.LLt I l.IJJ 11ti1Iiitt.1.1111111t11-1 .]-I"'11"I1.111 l/llitlJ It111 1.I_ 11 ! I 1 !1 II 11'1'i-ll I11 !1 .lltltllltiltlllllllili 'i I i I 1 ! 1 ! I 1 I-J-l' t-1-111111 ! T[ll'l L111 II II t'! I I It ill ..I.l_l_Ll_.f'J. J. i I tj.!..t.__[.] 1 ] !.111 Tandf~m & Etewt~ 1:0--~I,03 for Push-Pull) Includes standard wheel tractor equipped with standard scraper. 17-36 )nent the ~htc 0 AUG 8 '95 9:4G FROM PETERSON WILLITS (~ Repair Reserve PAGE.002 t Owning & Operating Costs the chnrt for the machinm in quest,on and .-j~,. '/~ _./ . - / generally conform to the definitions given in the section on depreciation. If the unit is used more than 10,000 hou that pet/od, 988F Wheel Loader loading well-shot rock on a hard. lsvel quarry floor will be used for seven ;: years or about I§,0(~ houi~. Basic Repair Factor --9.50 ifs Multiplier = 1. I0 i~timated Repair Cost = 9,50 x 1.10 = $10.4$/Hour .'-A D6H is used about 1600 hours per year on general utility and clean.up work for tm contrac. tot who does not baby his equipment, but does ir~ist on careful operation, and has art excelletR preventive maintenance program. He inte. nds to trade at the end of five year~. He can be. condd. ered to be at the lower end of the "normal" or B · zone, if not slightly less. Bazic Repair Factor = 4.50 Total Use: 6 years ~ 1600 hr/yr = 8;000, hours Extended.use Multiplier = F~timated Repair Cost = 4.50 × 1.0 = $4.§0/Hour : ., ,.:-',.i: Repair Reserve charts follow ..,~ 17-;3;3 0 0 0 .5 CD ~ 0 00000~ 0 00000 ~ o~. ~o O0 0 0 0 0 0 o ................ ..... i i mil L :: 0 0 0 GENERAL PREVAILING RAGE DETERMINATION HADE BY TH*' DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1./73.1 FOR COJ4H~BCIAL BUILOING, HIGHt, dAY, HEAVY CONSTRUCTION AHD DREiXJING PROJECTS DETERMINATION: NC-23-&3-1-B5-2 ISSUE DATE: AUGUST 22, 1995 EXPIRATION DATE OF DETERMINATION z JUNE 15, 199&* EFFECTIVE UNTIL SUPERSEDED BY A NEM DETEI~IINATION ISSUED BY THE DIRECTOR or INDUITRIAL RELATIONS. CONTACT TI~ DIVISION OF LABOR STATISTICS AND RESEARCfl (4153 703-4281 FOR THE NEM HATES AFTER 10 DAYS FROH THE EXPIRATION DATE, Ir NO SUBSEQUENT DETERMINATION II IIIUEO. lOCALITY: ALL LOCALITIES MITHIN ALAMEDA, ALPINE, ANADOR, BUTTE, CALAVERAS, COLUSA, CONTRA COSTA, DEL NORTE, EL DOHADO, FRUNO, GLENN, HUMBOLDT, KINGS, LAKE, LASEr, N, MADERA, HARIN, NARIPOSA, HENDOCIHO, N~RCED, Moose, MONTEREY, NAPA, NEVADd~, PLACER, PLUHAS, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAGUIN, SAN MATED, SANTA CLARA, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, ROLAND, ROMONA, STAMISLAUS, BUTTER, TEHAY, A, TRINITY, TULARE, TUOLUNNE, TOLD, AND TUBA COUNTIES. EI4PLOY~R PAYMENTS BTRAT~T-TTME 'OVERTTME HOURr.¥ ltJkT~ CLASSIFICATION BASIC HEALTH PENSION VACATION/ TRAININGOTHER HOURS TOTAL (JOURNEYPERSON) HOURLY AND HOLIDAY PAYMENTS HOURLY RATE MELFARE RATE CLASSIFICATION GROUP& AREA Ib AREA2c AREA 1 GROUP I $20.59 30.59 5.08 3.75 2°70 0.45 d 0.35 0 40.92 42.92 GROUP 2 27.18 29.18 5.08 3.75 2.70 0.45 d 0.35 9 38.51 41.51 GROUP 3 25.82 27.02 $.00 3.75 2.70 0.45 d 0.35 0 30.15 40.15 GROUP 4 24.53 26.53 5.08 3.75 2.70 0.45 d 0.35 8 3&.B& 38.SA GROUP $ 23.3525.35 5.08 3.75 2../0 0.45 d 0.35 8 35.&8 3V.&I GROUP & 22.12 24.12 5.08 3.75 2.70 0.45 d 0.35 8 34.45 3&.45 GROUP ~ 21.07 23.07 5.08 3.75 2.70 0.45 d 0.35 I 33.40 35.40 GROUP 8 20.02 22.02 5.08 3.75 2.70 0.45 d 0.35 I 32.35 34.35 GROUP 4-A 17.96 19.96 5.00 3.75 2.70 0.45 d 0.35 8 30.29 32.20 GROUP I-A 29.41 31.41 5.08 3.75 2.70 0.45 d 0.35 8 41.74 TRUCK CRANE OILER 22.95 24.05 $.04 3.75 2.70 0.45 d 0.35 8 35.28 37.28 OILER 20.84 22.04 5.08 3.75 2.70 0.45 d 0.35 8 33.17 35.17 GROUP 2-A 27.77 29.77 5.04 3.75 2.70 0.45 d 0.35 8 40~0 42.10 TRUCK CRANE OILER 22.72 24.72 5.08 3.75 2.70 0.45 d 0.25 0 35.05 37.03 OILER 20.&3 22.&3 $.04 3.75 2.70 0.45 d 0.35 8 32.9& 34.9& GROUP 3-A 26.18 26.18 $.08 3.75 2.70 0.45 d 0.35 S 36.51 40.S1 TRUCK CRANE OILER 22.48 24.48 5.08 3.75 2.70 0.45 d 0.35 S 34.01 36.01 HYDBAULIC 22.~2 24.12 5.08 3.75 2.70 0.45 d 0.35 S 34.45 3&.45 OILER 20.30 22.38 5.08 3.75 2.70 0.45 d 0.35 I 32../I 34.71 DALLY RATURDAY4 I 1121 I 1/21 AREA Ib ARHA 2© AREA Ib AREA 20 · 55.215 50.215 55.215 S9.215 53.10 S&.I0 53.10 5&.10 SI.0& 54.0& SI.0& 64.06 4B.125 52.~25 4B.125 52.~25 47.355 50.356 4./.356 50.355 45.51 48.51 45.S1 49.51 43,935 4&.935 43,935 4&.935 42.3& 45.3& 42.3& 39.27 42.27 39.27 42.27 5&.445 59.445 5&.445 59.445 46.755 49.755 4&.755 49.755 43.58 4&.SE 43.59 46.59 53,185 5&.995 53.985 56.99S 46.41 40,41 4&.41 49.41 43.27S 4&.275 43.27S 4&.275 SI.&0 54.&0 51,&0 S4.&0 4&.0S 49.05 4&.05 49.05 45,5! 48.51 45.51 48,51 42.B0 45.S0 42.90 45,90 SUNDAY HOLIDAY 21( AR~A Ib AREA 2 69.51 '/3.61 &&.69 70.68 Al. JR &5,39 59.03 63.03 $&.57 &0.ST 54.47 58.47 52.37 5&. 37 48.25 $2.2~ 7~.15 75.15 50.23 62.23 54.01 $4.01 67.87 71.07 57.77 61.77 53.S9 57.29 61.20 56.57 60.57 S3.0~ 57.09 ~INDICATES AN APPRENTICEABLE CRAFT. RATES FOR APPRENTICES MILL BE FURNISHED UPON REOUEST. · FOR CLASSIFICATIONS HITHIN EACH GROUP, SEE FOLLOMING PAGES. b AREA I - ALAMEDA, BUTTE, CONTRA COSTA, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOA~UIN, SAN MATED, SANTA CRUZ, ROLAND, STRMISLAUS, BUTTER, YOLO AND TUBA COUNTIES: AND PORTIONS OF ALPINE, AHADOR, CALAVEBAS. COLUSA, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LARE, LASSEN, MDERA, HARIPOSA, MENDOCIHO, MONTEREY, NEVADA, P;ACER, PLUHAS, SANTA CLARA, SHASTA, SIERRA, SISKI¥OU, ROMONA, TEHAHA, TULARE, TUOLUNNE AND TRINITY COUNTIES. C AREA 2 - DEL NORTE AND NODOC, AND PORTIONS OF ALPINE, AHADOR, CALAVERAS, COLUSA, EL DORADO, FRESMO, GLENN, HUMBOLDT, KINGS, LANE, LASSEN, HADERA, MARIPOSA, MENDOCINO, HONTEREY, HEVADA, PLACER, PLUMAS, SANTA CLARA, SHASTA, SIERRA, SISKIYOU, SONOHA, TEHAHA, TULARE, TUOLUHNE AND TRINITY COUNTIES. (PORTIONS OF COUNTIES FALLING IN EACH AREA DETAILED ON PAGE 413. d ANNUITY TRUST FUND. e SATURDAY IN THE SAME NORK MEEK NAY BE NORKED AT STRAIGHT-TIME RATES IF A JOB IS SHUT DOMN DURING THE NORHAL MORE MEEK DUE TO INCLEMENT HEATHER. MOTII: TRAINING FUND CONTRIBUTIONS FOR CRAFTS AND CLASSIFICATIONS IN APPRENTICEABLE OCCUPATIONS ARE REQUIRED TO BE HADE IN ACCORDANCE MITH THE PROVISIONS OF LABOR CODE SECTION 17VV.5 AND THE CALIFORNIA CODE OF REGULATIONS TITLE 8, CHAPTER 2, PART 1, ARTICLE 10. IF APPROPRIATE RATES ARE HOT SPECIFIED BY A DETERMINATION, THEY MAY BE ASCERTAIHED BY CONTACTING A LOCAL OFFICE OF THE DIVISION OF APPRENTICESHIP STANDARDS. RICOGNIZSD HOLIDAYS: HOLIDAYS UPON MHICH 'THE GENERAL PREVAILING HOURLY MAGE RATE FOR HOLIDAY MORK SHALL BE PAID, SHALL BE ALL HOLIDAYS DETERMINED BY MACE SURVEYS OR RECOGNIZED IH THE COLLECTIVE BARGAINING AGRE£NENT, APPLICABLE TO THE PARTICULAR CRAFT, CLASSIFICATION, OR TYPE OF MORKER EMPLOYED ON THE PROJECT, MNICH IS ON FILE MITH THE DIRECTOR OF INDUSTRIAL RELATIONS. TRAVEL AND SUBHIBTENCK PAYi&'N~B: THE CONTRACTOR SHALL MAKE TRAVEL AND SUBSISTENCE PAYMENTS TO EACH MORKER NEEDED TO EXECUTE THE MORK0 AS SUCH TRAVEL AND SUBSISTENCE PAYMENTS ARE DEFINED IN THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT FILED MITH THE DIRECTOR OF INDUSTRIAL RELATIONS IN ACCORDANCE MXTH LABOR CODE SECTION 1773.8. CLASS~TC A~TONS GROUP 1 OPERATING OF HELICOPT£R (MH£N USED IN ERECTION MORK) HYDRAULIC EXCAVATOR ~ CU YDS AND OVER PONER S~OVELS OVER 7 CU YDS GHOUl~ 2 HIGHLINE CABLEMAY HYDRAULIC EXCAVATOR 3 1/2 CU YDS UP TO 7 CU YDS POMER BLADE OPERATOR (FINISH) POMER SHOVELS, (OVER I CU YD AND UP TO AND INCLUDING ./ CU YDS M.R.C.) NC-23-&3-! GROU~ :ASPHALT MILLING MACHINE CABLE BACK ltOE COI~INATZON BACKHOE AND LOADER OVER 3/4 CU YDS CONTINUOUS FLIGHT TIE BACK MACHINE .CRANEMOUNTED CONTINUOUS FLIGHT TIE BACK MACHINE, TONNAGETOAPPLY CRANEMOUNTED DRILL ATTACHMENTS,TONNAGE TO APPLY DOZER, SLOPE BRD GRADALL HYDRAULIC EXCAVATOR UP TO ) 1/2CU YDS LOADER 4 CU YDS AND OVER MULTIPLE ENGINE SCRAPERS (MHEN USED AS PUSH PULL) POMER SHO~ELSo UP TO ANDINCLUDINGICUYD$ PRE-STRESS WIRE WRAPPING MACHINE SIDE BOOM CAT° $72 OR LARGER TRACK LOADER 4 CU ¥OS AND OVER WHEELEXCAVATOR(UP TOANDINCLUDING750 CUYDSPERHOUR) GROUF 4 ASPHALTPLANT ENGINEER CH ICAGO BOOM COHBINATION BACKHOE AND LOADER UP TO AND INCLUDING 3/4 CU YDS CONCRETE BATCH PLANTS (WETORDRY) DOZER AND/OR PUSH CAT PULL-TYPE ELEVATING LOADER GRADESETTER° GRADE CHECKER (MECIIANICAL OR OTHERWISE) GROOVING AND GRINDING MACHINE HEADING SHIELD OPERATOR HEAVY DUTY DRILLING EOUIPMENT, HUGHES, LDHo WATSON 3000 OR SIMILAR HEAVY DUTY REPAIRMAN AND/OR WELDER LIME SPREADER LOADER UNDER 4 CU YDS LUBRICATION AND SERVICE ENGINEER (MOBILE AND GREASE RACK) MECHANICAL FINISHERS OR SPREADER MACHINE (ASPHALT° BARBER-GREENE ANDSIMILAR) MILLER FORMLESS M-9000 SLOPE PAVER OR SIMILAR PORTABLE CRUSHING AND SCREENING PLANTS POWER BLADE SUPPORT ROLLER OPERATOR, ASPHALT RUBBER-TIRED SCRAPER,SELF-LOADING(PADDLE-WHEELS, ETC) RUBBER-TIRED EARTHNOVING EOUIPMENT (SCRAPERS) SLIP FORM PAVER (CONCRETE) SMALL TRACTOR WITH DRAG SOIL STABILIZER (P&H OR EOUAL) TIMBER SKIOOER TRACK LOADER UP TO 4 YARDS TRACI~R DRAWN SCRAPER TRACTOR° COMPRESSOR DRILL COMBINATION NE LD E R WOODS-MIXER(AND OTHER SIMILAR PUGMILL EOUIPMENT) GROUP CAST-IN-PLACE PIPE LAYING MACHINE COMBINATION SLUSHER AND MOTOR OPERATOR CONCRETECONVEYOR OR CONCRETE PUMP, TRUCKOREOUIPNENTMOUNTED CONCRETECONVEYOR, BUILDING SITE CONCRETEPUMP OR PUMP~RETE GUNS DRILLINGEOUIPMENT, WATSON 2000, TEXONA 700 OR SIMILAR DRILLINGAND BORING MACHINERY, HORIZONTAL(NOTTOAPPLYTOWATERLINERS, WAGON DRILLS OR JACKHAMMERS) CONCRETE MIXERS/ALL MAN AND/OR MATERIAL HOIST MECHANICAL FINISHERS (CONCRETE) (CLARY, JOHNSON, BID~ELL BRIDGE DECK OR SIMILAR TYPES) MECHANICAL BURN, CURB AND/ORCURBANDGUTTERMACHINE,CONCRETEORASPHALT MINE OR SHAFT HOIST PORTABLE CRUSHERS POWER JUMBO OPERATOR (SETTING SLIP-FORMS, FTC,INTUNNELS) SCREEDMAN(AUTOMATIC OR MANUAL) SELF PROPELLED COMPACTOR WITH DOZER TRACTOR WITH BOOM, D& OR SMALLER TRENCHING MACHINE, MAXIMUM DIGGING CAPACITY OVER S rT DEPTH VERNEER T-600B ROCK CUTTER OR SIMILAR GROUP ARMOR-COATER (OR SIMILAR) BALLAST JACK TAMPER BOOM-TYPE BACKFILLING MACHINE ASSISTANT PLANT ENGINEER BRIDGE AND/OR GANTRY CRANE CHE/41CAL GROUTING MACIIINE, TRUCK MOUNTED CHIP SPREADING MACHINE OPERATOR CONCRETE SANS(SELF-PROPELLED UNIT ON STREETS,HIGHWAYSAIRPORTS,ANDCANALS) DECK ENGINEER DRILLING EQUIPMENT TEXOMA &000 HUGHES200 SERIES OR SIMILAR UP TOANDINCLUDING30 FTM.R,C. DRILL DOCTOR HELICOPTER RADIONAN HYDRO-HAMMER OR SIMILAR LINE MASTER SKIDSTEER LOADER, BOBCAT LARGER THAN 743 SERIES OR SIMILAR (WITH ATTACHMENTS) LOCONO T I VE LULL HI-LIFT OR SIMILAR OILER, TRUCK MOUNTED EOUIPMENT PAVEMENT BREAKER° TRUCK MOUNTED° WITH COMPRESSOR COMBINATION PAVING-FABRIC INSTALLATION AND/OR LAYING MACHINE PIPE BENDING MACHINE (PIPELINES ONLY) PIPE WRAPPING MACHINE (TRACTOR PROPELLED AND SUPPORTED) SCREEDMAN, (EXCEPT ASPHALTIC CONCRETE PAVING) SELF PROPELLED PIPELINE WRAPPING MACHINE SOILS &MATERIALSTESTER TRACTOR GROUF BALLAST REGULATOR BOON TRUCK OR DUAL-PURPOSE A-fRAME TRUCK CARY LIFT OR SIMILAR COMBINATION SLURRY MIXER AND/OR CLEANER DRILLING EQUIPMENT, 20 FT AND UNDER M.R.C. FIREMAN MOT PLANT FORKLIFT° (20' AND OVER) OR LUMBER STACKER (CONSTRUCTION JOBSITE) GROUTING MACHINE OPERATOR HIGHLINE CABLEMAY SIGNALMAN STATIONARY BELT LOADER (KOIJ4AN OR SIMILAR) LIFT SLAB MACHINE (VAGTBORG AND SIMILARTYPES) MAGINNES INTERNAL FULL SLABVIBRATOR MATERIAL HOIST (1 DRUM) MECHANICAL TRENCH SHIELD PARTSMAN (HEAVY DUTY REPAIR SHOP PARTS ROOM) PAVEMENT BREAKER WITH OR NITMOUT COMPRESSOR COMBINATION PIPE CLEANING MACHINE (TRACTOR PROPELLED AND SUPPORTED) POST DRIVER ROLLER (EXCEPT ASPHALT), CHIP SEAL SELF PROPELLED AUTOMATICALLY APPLIED CONCRETE CURING MACHINE (ON STREETS, HIGHWAYS, AIRPORTS AND CANALS) SELF PROPELLED COMPACTOR (WITHOUT DOZER) SIGNALMAN SLIP-FORM PUMPS (LIFTING DEVICEFORCONCRETEFORMS) TIE SPACER TOWER MOBILE TRENCHING MACHINE-MAXIMUM DIGGINGCAPACITYUPTOANDINCLUDINGS FTDEPTH TRUCK TYPE LOADER GROUF BlT SHARPENER BOILER TENDER BOX OPERATOR BRAKEMAN COMBINATIOH MIXER AND COMPRESSOR(SHOTCRETE/GUNITE) COMPRESSOR OPERATOR DECKHAND FIREMAN FORKLIFT (UNDER 20 FEET) GENERATORS GUNITE/SNGTORETE F*.~UIPMENT OPERATOR HEAVY DUTY REPAIRMAN HELPER HYDRAULIC MONITOR KEN SEAL MACHINE (ORSIMILAR) MI XERMOB I LE OI LEA PUMP OPERATOR REFRIGERATOR PLANT RESERVOIR-DEBRIS TUG (SELF-PROPELLED FLOATING) ROSS CARRIER (CONSTRUCTION SITE) ROTOMI ST OPERATOR SELF PROPELLED TAPE MACHINE SHUTTLECAR SELF PROPELLED POWER SWEEPER OPERATOR SLUSHER OPERATOR SURFACE HEATER SWITCHMAN TAR POT FIREMAN TUGGER HOIST, SINGLE DRUM VACUUM COOLING PLANT WELDING MACHINE (POWERED OTHERTHANBYELECTRICITY) GROUP B-A ELEVATOR OPERATOR MINI EXCAVATOR UNDER 25 H.P. (BACKHOE-TRENCHER) SKIDSTEER LOADER, BOBCAT 743 SERIES OR SMALLERORSIMILAR(W/OATTACHMENTS) GROUP I - A CLAMSHELLS AND DRAGLINES OVER7CUYDS CRANEs OVER 100 TONES DERRICK° OVER 100 TONS DERRICK BARGE PEDESTAL MOUNTED OVER 100 TONS SELF PROPELLED BOOM TYPE LIFTING DEVICE OVER 100 TONS GROUP 2 - A CLAMSHELLS AND DRAGLINES UP TO AND INCLUDING 'l CU YDS CRANES OVER 45 TONS UP TO AND INCLUDING 10O TONS DERRICK BARGE 100 TONS AND UNDER SELF PROPELLED BOOM TYPELIFTINGDEVICEOVER 45TONS TONER CRANES GROUF S - & CLAMSHELLS AND DRAGLINES UP TO AND INCLUDING 1 CU YD CRANE 45 TONS AND UNDER SELF PROPELLED BOON TYPE LIFTING D~.VICE 45 TONS AND UNDER lllilllliilllil iiiiiiiiiiiiii,] zzz~zzz~z~ ~ ~ JJJJlJJJ] iijlllllillllllI IIIIIIIIIII le~jjjjjjjj]jjjjljjjjjjjjjjj i i III !! iiiiii!illllllllllllllll ~*~mm~m;mml~ ~zzzzzzz zZzZzZ~ZzZz ;z r~z~z~z ITEM NO. 8a. DATE: September 6, 1995 AGENDA SUMMARY REPORT SUBJECT: Appointment of Council Representative on the Civil Service Board The Civil Service Board positions have expired and the Council representative position needs to be filled at this time. Mr. Albert Beltrami has provided a letter stating his desire to serve another four year term, if Council desires. Council may make this appointment by minute order, or direct the City Clerk to solicit further applicants. One position on the Civil Service Board is appointed by the employee group, and then these Boardmembers appoint a third member. Both incumbents, Gary Bruchler and Dan Saylor, have verbally indicated they are willing to serve again. Currently, the employees are being notified, and the final decisions will be forwarded to Council as advisory information when the appointments are made. RECOMMENDED ACTION: Motion and roll call to appoint Mr. Albert Beltrami to a four year term on the Civil Service Board. Acct. No. (if NOT budgeted): N/A Acct. No. (ifbudl~eted) N/A ALTERNATIVE COUNCIL POLICY OPTIONS: Direct the City Clerk to solicit further applicants for the Council appointee on the Ukiah Civil Service Board. Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Cathy McKay, City Clerk Coordinated with: Candace Horsley., Interim City Manager Attachments: Letters to and from Mr. Beltrami, and current list of City board terms ALBERT P. BELTRAMI 14S MENDOCINO PLACE UKIAH, CA 95482 Mayor Fred Schneiter City of Ukiah City Hall 300 Seminary Avenue Ukiah, CA. 95482 12 August 1995 Dear Fred: Thank you for your notice as to expiration of my term as a member of the Civil Service Commission. I would appreciate your nomination to the Council of my name for reappointment. Sincerely, · A1 Beltrami 300 UKI,~,H, CA 95482-5400 · Al)MIN. 707/463-6200 · PUBLIC S~FETY 463-6242/6274 · · FAX # 707/463-6204 · August 4, 1995 Mr. Al Beltrami 145 Mendocino Place Ukiah, CA 95482 Dear Al: As you are probably aware, your term as a public member on the City of Ukiah's Civil Service Commission has expired. I would like very much to submit your name to the full City Council for reappointment to the Commission. I would appreciate your letting me, or City Manager Chuck Rough, know if you are interested in being reappointed, at your earliest possible convenience. Sincerely, Mayor FS:ky C: City Council City Manager City Clerk Assistant City Manager 4:CC:LBelframl '~/e Are Here To Serve" TERMS OF CITY OF UKIAH BOARD AND COMMISSION MEMBERS - August 16, 1995 Airport - 3 year term * - Malone Howard Henley Ken Fowler * Matthew Froneberger Allan Hunter Vacant Dorleen McBride Mark Davis* Present Term Last Date Expires to Serve 6/30/97 6/30/00 6/30/98 6/30/01 6/30/98 6/30/01 6/30/95 6/30/98 6/30/98 6/30/01 6/30/96 6/30/96 6/30/96 6/30/99 Planning - 3 year term - Malone Eric Larson Philip Ashiku Cheryl Baker Judy Pruden Brent Smith 6/30/98 6/30/01 6/30/98 6/30/01 6/30/98 6/30/01 6/30/96 6/30/02 6/30/97 6/30/00 Parks and Recreation - 3 Year term * Malone -- Angela Hooper Allen Carter John W. Meier Susan Johnson Allan Johnson Jeffrey Anderson Carlos Jacinto * 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/98 6/30/96 6/30/99 6/30/96 6/30/96 6/30/96 6/30/99 6/30/96 6/30/99 *Two Commissioners May Reside Within City's Sphere of Influence ¢iv~[ Service Board - 4 year term Albert Beltrami (appointed by Council March 21, 1990) Gary Bruchler (appointed by employees July, 1991) Dan Saylor (appointed by two other members) City Representative on the Library Advisory Commission Ann Fatch 6/30/92 Cultural Arts Advisory Board - Wa~enburaer Barry Vogel Beth Campbell Vacant Vacant Vacant Jim Mayfield-Museum Endowment Fund Nancy Baltins-Sun House Guild Bard Zensen-Education 10/3/98 10/3/98 10/3/98 10/3/95 10/3/95 10/3/96 Margaret Giuntoli-Mendo. Co. Historical 10/3/95 Jean Slonecker-Ukiah Symphony 10/3/95 Golf Course Committee - 2 year term Allen Carter - Parks and Recreation 6/30/96 Allan Johnson - Public Member 6/30/95 Perry Ramsey - Mens Golf Club 6/30/95 Don Rones, Sr. - Public Member 6/30/96 Betty Bassler - Womans Golf Club 6/30/96 Demolition Permit Review Committee - 2 year term Thom Parducci - Design Review Comm Chr. 6/30/95 Clif Shepard - Building Official 6/30/95 M. Guintoli resigned 9/94 - Hist. Soc. 6/30/95 Judy Pruden - Resident 6/30/95 Director of Public Works/City Engineer 10/3/01 10/3/01 10/3/01 10/3/99 10/3/95 10/3/95 6/30/98 6/30/97 6/30/97 6/30/98 6/30/98 6/30/97 6/30/97 6/30/97 6/30/97 Item No. 8b Date: Sept. 6, 1995 AGENDA SUMMARY REPORT SUBJECT: Approve Resolution and Authorize Mayor to Execute Member Resource Marketing Project Agreement between the City of Ukiah and the Northem Califomia Power Agency. REPORT: This Agreement will allow the Northem Califomia Power Agency to market any excess capacity or energy for the City of Ukiah. NCPA will review the members projected resource balance for the next twenty years and will develop a Marketing Plan for the members. Based on this Marketing Plan, NCPA will market any excess capacity or energy to other NCPA members or to other entities. This Agreement will assist the City of Ukiah to optimize our generation resources by reducing our costs. RECOMMENDED ACTION: Approve Resolution and Authorize Mayor to Execute Member Resource Marketing Project Agreement between the City of Ukiah and the Northern California Power Agency. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Approval and Participation Acct. No. (If not budgeted): Appropriation Request: Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, Acting City Manager Attachment: 1) Resolution 2) Marketing Agreement Acct. No. (if budgeted) AP PROV Resolution No. Resolution of the City Council of the City of Ukiah Authorizing Execution of the Member Resource Marketing Project Agreement WHEREAS, the Northem California Power Agency has presented for approval a Member Resource Marketing Project Agreement and; WHEREAS, the Northern California Power Agency has staff and facilities that give it the capability for marketing such capacity and energy, including the provision of transmission services; and WHEREAS, the City of Ukiah recognizes that their costs can be reduced and their oppommities increased by participating in a joint marketing program; and WHEREAS, the City of Ukiah expects that this Agreement will assist in communicating about marketing opportunities which may provide advantages as competition in the industry increases; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah hereby authorizes and directs the Mayor to execute the Agreement and deliver it to the Northern California Power Agency on behalf of the City of Ukiah as a signatory on and Participant in the Agreement. PASSED AND ADOPTED this 6th day of September, 1995, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Fred Schneiter, Mayor Cathy McKay, City Clerk MEMBER RESOURCE MARKETING PROJECT AGREEMENT This Agreement, dated as of , 1995, by and among the Northern California Power Agency, a joint powers agency of the State of California (NCPA), and the members of NCPA that have executed this Agreement (Participants) is entered into on the basis of the following RECITALS: A. Each of the Participants owns a system for the distribution of electric capacity and energy and is'authorized to obtain electric capacity and energy for its present or future requirements and has entered into other agreements with NCPA and other entities through which it obtains such capacity and energy; and B. The Participants at times may have electric capacity and/or energy that is surplus to their immediate needs and therefore may desire to enter into agreements through which they market such surplus capacity and/or energy to other NCPA members and to other entities; and C. NCPA has staff and facilities that give it the capability for marketing such capacity and/Or energy, including the provision of transmission services; and D. The Participants recognize that their costs can be reduced and their opportunities increased by participating in a joint marketing program; and EXECUTION ORIGINAL E. The Participants expect that this Agreement will assist them in communicating about marketing opportunities which may provide advantages for one or more of them; and F. NCPA and the Participants wish to enter into this Agreement to set forth the terms under which NCPA will supply to the Participants the resource Marketing Services described hereinafter; and G. NCPA and the Participants understand that the speed of their actions in relationship with this Agreement will be critical to the success of the joint marketing program; and H. To encourage the broadest participation in a joint marketing program, Participants may have Marketing Participation Percentages as low as zero percent; and I. This Agreement does not in or of itself modify or supersede any NCPA project agreements, the NCPA Facilities Agreement, the NCPA Pooling Agreement, or any other agreements. EXECUTION ORIGINAL NOW, THEREFORE, NCPA and the Participants hereby enter into this AGREEMENT Section 1. Definitions. Agreement. 1.1 Agreement. This Member Resource Marketing Project 1.2 Commission. The NCPA Commission. 1.3 Commissioner. A voting member of the Commission appointed by a Participant to represent that Participant. 1.4 Committee. The NCPA Technical Committee. 1.5 Identified Power Sales. Section 8.1 of this Agreement. Those power sales specified in 1.6 Marketing Plan. The plan developed by NCPA in accordance with Section 7.1 of this Agreement. 1.7 Marketing Participation Percentage. The percentage share of each Participant in this Agreement as set forth in Appendix B. 1.8 Marketing Services. Participant by NCPA under this Agreement. The services provided to the EXECUTION ORIGINAL 1.9 Other Power Sales. Power sales made by a Participant during the term of this Agreement that are not made' under this Agreement or its Service Schedules. Agreement. 1.10 Participant. An NCPA Member that is a signatory to this 1.11 other than NCPA. Power' Sale Participant. A signatory to a Service Schedule 1.12 Power Sale Participation Percentage. The percentage share of each Participant in a Service Schedule as set forth in that Service Schedule. 1.13 Service Schedules. All agreements between NCPA and the Participant(s) relating to Identified Power Sales. Section 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which NCPA will supply to the Participants such resource Marketing Services as the Participants may request under this Agreement. Section 3. The Resources To Which This Agreement Applies. This Agreement may apply to any resource available. to a Participant. NCPA agrees that it will market'surplus capacity and/or energy from those resources pursuant to the provisions of this Agreement. The amount of surplus EXECUTION ORIGINAL capacity and/or energy that NCPA will market for a Participant will be determined by that Participant. Section 4. The Administration Of This Agreement. The Commission has overall responsibility for the administration of this Agreement. However, in exercising those responsibilities the Commission will ordinarily act through the Committee. That Committee may. delegate any of its responsibilities to the NCPA General Manager and staff. The manner in which the Commission and the Committee shall exercise their responsibilities are further described in this Agreement. When used in this Agreement, the term "NCPA" may refer either to the Commission, the Committee or the NCPA General Manager and staff, as appropriate. Section 5. Confidentiality. Participants and NCPA will keep all information made available to them in connection with this Agreement confidential, to the extent possible, consistent with applicable laws. Section 6. Requests For Marketing Services. On or before January 1st of each year each Participant will transmit to NCPA its annual request for Marketing Services. That request will list the amounts of surplus capacity and/or energy that such Participant expects to have available for marketing pursuant to this Agreement during the next twenty (20) years, the periods (years, months, days, and time periods) during which such capacity and/or energy will be available for marketing and, to.the extent practical, a desired range of rates at which the Participant may be willing to market the capacity. and/or energy. The amounts and rates are only to provide a guide to NCPA in developing a Marketing Plan and are not meant to limit either NCPA or EXECUTION ORIGINAL the Participants in any way. Each Participant may transmit an amended request to NCPA at any time it determines that a change in circumstances makes such an amendment appropriate. Participants may request assistance from NCPA in making any of the above determinations. Section 7. Marketing Services To Be Rendered By NCPA. 7.1 Development Of A Marketing Plan. NCPA will review the requests for Marketing Services filed by the Participants, and on or before April 1st of each year NCPA will develop a Marketing Plan that will, to the extent possible, match the capacity and energy that the Participants expect to have available for marketing with the requirements of potential purchasers. NCPA will provide quarter, ly updates of the Marketing Plan to the Committee. NCPA will include all Participants' amendments to their filed requests for Marketing Services in the quarterly updates. 7.2 Informing Members. At least quarterly NCPA will inform all Participants of each potential power sale being developed by NCPA. Such information will include the status of each sale, its size and approximate economics, and the expected schedule for the approval process, if any. The intent of this section is that NCPA will provide sufficient information to the Participants to enable them to make informed decisi6ns in sufficient time to obtain any necessary approvals. 7.3 Assistance To Participants In The Marketing Of Surplus Capacity And/Or Energy And In The Acquisition Of Needed Resources. NCPA will supply copies of its Marketing Plan, and all updates thereto, to the EXECUTION ORIGINAL Participants .and will assist them in transacting sales with one.another or other NCPA Members. When its Marketing Plan indicates that any of the Participants have surplus capacity and/or energy, NCPA will assist those Participants in marketing that surplus capacity and/or energy to other NCPA members and to other entities. 7.4 Generic Agreement(s). NCPA will prepare generic agreements to be used as templates for preparing agreements for Identified Power Sales. The generic agreements will be presented to the Participants for their approval. 7.5 Related NCPA Activities. NCPA may engage in other activities intended to enable the Participants to achieve the benefits of this Agreement, within the budgets referred to in Section 10.1 of this Agreement. 7.6 Specifying 'Procedures. The Commission may establish additional procedures to implement this Section 7 to better meet the needs of the Participants. Section 8. Consummating A Power Sale. 8.1 Identified Power Sales. When NCPA staff determines that sufficient detail is available with respect to any power sale to 1) allow an economic evaluation to be made, and 2) allow proceeding with a participation agreement, it will pfepare an evaluation of and an agreement for the power sale and present them to the Committee and the Commission for review and EXECUTION ORIGINAL approval. Upon approval by the Commission the sale will become an Identified Power Sale. 8.2 Election To Participate. The purpose of this section is to have the Participants provide their approvals in the time necessary to facilitate an Identified Power Sale. While this section lays out specific time frames for approval for Identified Power Sales of various .lengths, the Participants recognize that actual Identified Power Sales may require shorter time frames or allow longer time frames for approval. Each Participant will establish internal procedures which will accommodate the necessary evaluation and approval process for the Participant to participate in Identified Power Sales in the following time frames: · Identified Power Sales of up to and including one (1) year, as specified in Appendix A. · Identified Power Sales of more than one (1) year and up to three (3) years, forty five (45) days from the time of Commission approval. · Identified Power Sales of more than three (3) years and up to six (6) years, sixty (60) days from the time of Commission approval. · Identified Power Sales of more than six (6) years, seventy five (75) days from the time of Commission approval. EXECUTION ORIGINAL These time frames and Appendix A may be modified from time to time by the Commission. In deciding whether to modify these time frames for a particular Identified Power Sale, the Commission shall consider the need for expediency in regard to the particular Power Sale. Failure of a Participant to approve its participation in an Identified Power Sale in the above time frames shall constitute the surrendering of that Participant's right to participate in that Identified Power Sale. Other Participants may then increase the amount of their participation or direct NCPA to attempt to reduce the size of the sale. The Commission may allow a Participant that could not meet the required time frames for approval to participate in an Identified Power Sale to the extent that other Participants are willing to forgo corresponding portions of the Identified Power Sale. 8.3 Participation. The Identified Power Sales shall be participated in by those Participants who elect to participate therein, and enter into an appropriate agreement therefor. A Participant's Power Sale Participation Percentage shall not be greater than the Participant's Marketing Participation Percentage, unless the Identified Power Sale is not fully subscribed because one or more of the other Participants elects to have a Power Sale Participation Percentage less than its Marketing Participation Percentage or because of failure of a Participant to approve its participation pursuant to Section 8.2. In such case any unsubscribed portion of the Identified Power Sale shall be divided among Participants electing to increase their share in pr6portion to their respective Marketing Participation Percentages unless otherwise unanimously agreed to by the Participants electing to increase their share. EXECUTION ORIGINAL 8.4 Service Schedules. All agreements between NCPA and Participants relating to Identified Power Sales shall be attached to this Agreement as Service Schedules, and shall be numbered consecutively in the order of their approval. 8.5 Other Power Sales. Participants may pursue the development of Other Power Sales either alone or with other parties without first offering such Other Power Sales to other Participants or NCPA, under this Agreement. Section 9. Marketing Fees. 9.1 Assessment. Each Service Schedule will provide for payment Of a marketing fee assessment. A marketing fee will be assessed against Participants in each Service Schedule attached to this Agreement. These assessments will be included as revenues in Section 10 of this Agreement. 9.2 Length Of Assessment. This marketing fee assessment will be collected for the term of the applicable Service Schedule. The marketing fee asSessment will begin when the sales first take place under the Service Schedule. 9.3 Amount Of Assessment. The amount of the marketing fee assessment leVied against each Participant in a Service Schedule during each fiscal year will be the lesser of: 10 EXECUTION ORIGINAL (a) $0.25/kw-mo for each kw-mo of capacity sold under the Se/'vice Schedule during the fiscal year, plus $0.0003/kwh for each kwh of energy sold under the Service Schedule during the fiscal year, or (b) Ten percent of the net revenues received by the Participant under the Service Schedule during the fiscal year. For the purposes of this section, the Participant's "net revenues" will be defined as its Power Sale Percentage of the payments made by the purchaser(s) minus the Participant's variable costs of the power sold under the Service Schedule. Section 10. Budgets And Monthly Statements. 10.1 Prior to the beginning of each NCPA fiscal year for which no budget has been adopted and for each fiscal year for which a budget will be adopted, NCPA shall give notice to each Participant of the Participant's projected share of (a) the costs and expenses that NCPA estimates it will incur in the administration of this Agreement, and (b) the revenues that NCPA estimates it will obtain from the marketing fee assessments provided for in Section 9 of this Agreement. 10.2 Monthly statements prepared by NCPA shall be sent to each Participant showing the Participant's share of costs and other expenses relating to this Agreement incurred by NCPA for the previous month after making appropriate adjustments for the marketing fee assessments provided for in Section 9 of tl~is Agreement that have been retained by NCPA during that month. Each Participant's share of such adjusted costs and expenses shall be based on that Participant's Marketing Participation Percentage contained in 11 EXECUTION ORIGINAL Appendix B. If, NCPA's costs and expenses for any month exceed the marketing fee assessments for that month, the monthly statement shall be deemed a billing statement and shall be paid by the Participants pursuant to Section 10.3. If the marketing fee assessments for any month exceed NCPA's costs and expenses, the excess shall be paid to the Participants with the monthly statements. 10.3 Amounts shown on each billing statement are due and payable thirty (30) days after the date of the billing statement except that any amount due on a Friday, holiday or weekend may be paid on the closest following workday. Any amount due and not paid by a Participant shall bear interest from the due date until paid at the annual rate established by the Commission at the time of adoption of its then most recent budget. Section 11. NCPA Commission Governance Of The' Project. 11.1 Commission Meetings. The Commission shall hold its annual meeting and other meetings in accordance with provisions of the Joint Powers Agreement. 11.2 Quorum. A quorum of the Commission, for purposes of acting upon matters relating to this Agreement, shall consist of those Commissioners, or their designated alternates, representing a numerical majority of the Participants, or, in the absence.of such, those Commissioners representing Partidipants having a combined Marketing Participation Percentage of greater than fifty percent (50%). 12 EXECUTION ORIGINAL Section 12. Voting. 12.1 Agreement Voting. Each Participant shall have the right to cast one vote with respect to matters pertaining to this Agreement.. Actions of the Commission with regard to this Agreement shall be effective only upon a majority vote subject to the following exceptions: (a) Upon demand of any Participant, at any meeting of the Commission, the vote on any issue relating to this Agreement, shall be based upon the Participants' Marketing Participation Percentages. Each Participant shall have a number of votes equal to its Marketing Participation Percentage. Actions of the Commission shall be effective only upon an affirmative vote of sixty five percent (65%) or more of the total votes to which all Participants are entitled. (b) Any Participant may veto a discretionary action of the Participants relating to this Agreement that was not taken by a sixty five percent (65%) or more vote, within ten (10) days following mailing of notice of such Commissioners' action by giving written notice of veto to NCPA, unless at a meeting of the Commissioners or alternates called for the purpose of considering the veto, held within thirty (30) days after such veto notice, the holders of Marketing Participation Percentages totalling sixty five percent (65%) or more shall vote to override the veto. (d) The sixty five percent (65%) affirmative vote required for action pursuant to this .section shall be reduced by the amount 13 EXECUTION ORIGINAL that the voting rights of any Participant exceed thirty five percent (35%), but such sixty five percent (65%) shall not be reduced below a majority in interest. 12.2 Voting On Identified Power Sales. shall provide as follows: All Service Schedules (a) that a quorum of the Commission, for. purposes of acting upon matters relating to an Identified Power Sale shall consist of those Commissioners, or their designated alternates, representing a numerical majority of the Power Sale Participants in such Identified Power Sale or, in the absence of such, those Commissioners representing Participants having a combined Power Sale Participation Percentage of at least fifty percent (50%). (b) that special meeting(s) of the Commission to act only on matters relating to an Identified Power Sale may be called by a majority of the Commissioners of Power Sale Participants in such Identified Power Sale upon notice as required by the Ralph M. Brown Act. (c) that at regular or special meetings of the Commission, voting on matters relating to an Identified Power Sale shall be by Power Sale Participation Percentage, and more than a fifty percent (50%) affirmative vote shall be required to take action. (d) that upon demand .of any'Commissioners (or alternates) of Power'Sale Participants in the involved Identified Power Sale, at any meeting of the Commission other than the special meeting referred to in paragraph (b) above, the vote on any issue relating to such Identified 14 EXECUTION ORIGINAL Power Sale shall be by Power Sale Participation Percentage and a sixty five percent (65%) or greater affirmative vote shall be required to take action. (e) that any Power Sale Participant may veto a discretionary action of the Power Sale Participants relating to the Identified Power Sale that was not taken by a sixty five percent (65%) or more Power Sale Participation Percentage vote within ten (10) days following mailing of notice of such Commissioners' action by giving written notice of veto to NCPA unless at a meeting of Commissioners or alternates of Power Sale Participants called for the purpose of considering the veto, held within thirty (30) days after such veto notice, the holders of sixty five percent (65%) or more of the Power Sale Participation Percentage shall vote to override the veto. (f) that the sixty five percent (65%) of the Power Sale Participation Percentages specified in this section shall be reduced by the amount that the Power Sale Participation Percentage of any Participant shall exceed thirty five percent (35%), but such sixty five percent (65%) shall not be reduced below fifty percent (50%). Section 13. The Technical Committee 13.1 Duties. The Committee shall provide guidance and recommendations to NCPA staff in carrying out NCPA's responsibilities under this Agreement. The Committee shall, review NCPA's practices in providing services under this Agreement and shall make recommendations as to how those services might be improved. The Committee shall also review NCPA's proposed budgets for the costs and expenses of providing 15 EXECUTION ORIGINAL those services and shall make recommendations relating to those budgets. The Committee shall operate under its normal procedures as determined by the Commission. 13.2 Ad Hoc Committees. The Committee may appoint ad hoc committees to work on specific Identified Power Sales. Such ad hoc committees shall be assigned specific tasks to be accomplished.in a specific time frame. Upon completion of their assigned task, the ad hoc committee shall report back to the Committee. Section 14. Term And Termination. This .Agreement shall become effective on the date on which it has been duly executed by NCPA and by six (6) other Signatories and shall continue in effect until terminated by consent of all of the signatories. Any signatory may withdraw from the Agreement by submitting notice, in writing, to all other signatories at least three (3) months in advance of the effective date of such withdrawal. Withdrawal by any signatory shall not terminate this Agreement as to the remaining signatories except that withdrawal by NCPA will terminate this Agreement on the effective date of such withdrawal. Withdrawal by any signatory will not terminate any ongoing obligations resulting from this Agreement until such obligations are satisfied. Such termination shall be reflected in a revised Appendix B. Section 15. New Participants. New Participants may be added to this Agreement by a voti~ of the Commission in accordance with Section 12 and execution and delivery of this Agreement by the new Participant. The addition of a new Participant shall be reflected in a revised Appendix B. 16 EXECUTION ORIGINAL Section 16. Several Obligation. The liabilities and obligations of the parties to this Agreement are several and not joint. Section 17. Amendments. Except where this Agreement specifically provides otherwise, this Agreement and its Appendices may be amended only by written instrument executed by the parties with the same formality as this Agreement. This section does not apply to the attached Service Schedules. Section 18. Severability. In the event that any of the terms, covenants or conditions of this Agreement or the application of any such term, covenant or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants or conditions of this Agreement and their application shall not be affected thereby, but shall remain in force and effect unless the court holds that such provisions are not severable from all other provisions of this Agreement Section 19. Governing Law. This Agreement shall be interpreted, governed by, and construed under the laws of the State of California. Section 20. Counterparts. This Agreement may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument and as if all the signatories to all of the counterparts had signed the same.instrument. Any signature page of this Agreement may be d'etached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to 17 EXECUTION ORIGINAL another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. Section 21. Headings. All indexes, titles, subject headings, section titles and similar items are provided for the purpose of convenience and are not intended to be inclusive, definitive, or affect the meaning of the contents of this Agreement or the scope thereof. Section 22. Notices. Any notice, demand or 'request required or authorized by this Agreement to be given to any Participant shall be in writing, and shall either be personally delivered to a representative of the Participant on the Commission or transmitted to the Participant at the address shown on the signature pages hereof. The designation of such address may be changed at any time by written notice given to the Secretary of the Commission who shall thereupon give written notice of such change to each Participant. Section 23. Warranty Of Authority. Each Participant represents and warrants that it has been duly authorized by all requisite approval and action to execute and deliver this Agreement and that this Agreement is a binding and valid agreement enforceable in accordance with its terms as to the Participant. IN WITNESS WHEREOF, NCPA and each Participant has, by the signature of its duly authorized representative shown below, executed and delivered a counterpart of this Agreement. 18 EXECUTION ORIGINAL NORTHERN CALIFORNIA POWER AGENCY CITY OF ALAMEDA By: Its: Date: Address: 180 Cirby Way Roseville, CA 95678 By: Its: Date: Address: 2000 Grand Street Alameda, CA 94501 CITY OF BIGGS CITY OF GRIDLEY By: Its: Date: Address: 464-B B Street Biggs, CA 95917 By: Its: Date: Address: 685 Kentucky Street Gridley, CA 95948 CITY OF HEALDSBURG CITY OF LODI By: Its: Date: Address: 126 Matheson Street Healdsburg, CA 95448 By: Its: Date: Address: 221 West Pine Street Lodi, CA 95241 19 EXECUTION ORIGINAL CITY OF LOMPOC CITY OF PALO ALTO By: Its: Date: Address: 100 Civic Center Plaza Lompoc, CA 93438 By: Its: Date: Address: 250 Hamilton Avenue Palo Alto, CA 94301 PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE CITY OF REDDING By: Its: Date: Address: P. O. Box 2000 Portola, CA 96122 By: Its: Date: Address: 760 Parkview Avenue Redding, CA 96001 CITY OF ROSEVILLE CITY OF SANTA CLARA By: Its: Date: Address: 311 Vernon Street Roseville, CA 95678 By: Its: Date: Address: 1500 Warburton Avenue Santa Clara, CA 95080 20 EXECUTION ORIGINAL TURLOCK IRRIGATION DISTRICT CITY OF UKIAH By: Its: Date: Address: 333 East Canal Drive Turlock, CA 95380 By: Its: Date: Address: 300 Seminary Avenue Ukiah, CA 95482 21 EXECUTION ORIGINAL APPENDIX A Evaluation of Identified Power Sales of up to one (1) year, less than forty five (45) days after Commission approval. These procedures will be developed as needed. EXECUTION ORIGINAL APPENDIX B Marketing Participation Percentage Alameda Biggs Gridley Healdsburg Lodi Lompoc Palo Alto Plumas-Sierra Redding Roseville Santa Clara Turlock Ukiah 21.486% 0.572 1.878 3.509 22.670 · 5.668 0.000 4.480 0.000 33.713 0.000 0.000 6.025 TOTAL 100.000% EXECUTION ORIGINAL ITEM NO. DATE: SEPTEMBER 6, 1995 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AIRPORT LAND LEASE RENEWAL WITH THE FEDERAL AVIATION ADMINISTRATION Renewal of Airport Land Lease with the Federal Aviation Administration for location of Runway End Identifier Lights (R.E.I.L.). Lease No. DTFA08-95-L-14710 REIL and DTFA08-95-L- 14711 EIL. This renewal Agreement between the City of Ukiah and the Federal Aviation Administration is for the continued location of R.E.I.L. at both the north and south ends of the runway. The term of the Agreement is for one (1) year beginning October 1, 1995 and ending September 30, 1996, with automatic renewal allowed. However, no renewal of this lease shall extend beyond September 30, 2010. RECOMMENDED ACTION: The City Council approve the Agreement as submitted and authorize the Acting City Manager to sign the Agreement. 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: Don Bua, Airport Manager 463-6293 Coordinated with: Candace Horsley, Acting City Manager Attachments: 1. Letter from Federal Aviation Administration to Paul June 28, 1995. 2. Airport Land Lease Richey dated APPROVED: R: I ~,PORT:kk AREIL.FAA u.s. Deportmen~ of Transl:X:~Otion Aclministration Western-Pacific Region P.O. Box 92007 Worldway Postal Center Los Angeles, CA 90009 June 28, 1995 Paul Richey Assistant Manager Airport Manager Office 1411 South State Street Ukiah, California 95482 Dear Mr. Richey: Enclosed your review are two lease document proposals for renewal of REILs located on Ukiah Municipal Airport, Runway 15 and 33, Ukiah, California. The current leases for these sites are expiring September 30, 1995. I submit for your review the following: 1. Lease No.' DTFA08-95-L-14710 REIL, Rwy 33 Replaces DOT-FA75WE-3163 2. Lease No.' DTFA08-95-L-14711 REIL, Rwy 15 Replaces DOT-FA75WE-3165 If these leases meet with your approval, please have them signed by an authorized official and returned the signed documents to this office with evidence of authority such as certified copy of the resolution authorizing signature and initial on each page by the party signing on behalf of the City of Ukiah. You may retain the extra copy of each lease for your interim use until a fully executed copy is returned for your file. If you have any questions, please contact Chang Byun, FAA Contractor Representative at (310)297-0306. Sincerely, Olga B. Eiben Contracting Officer Real Estate & Utilities Branch, AWP-56 Enclosures U.S. Department of Transportation Federal Aviation Administration Lease No.' Facility: DTFA08-95-L-14710 REIL, Runway 33 Ukiah, California AIRPORT LAND LEASE between CITY OF UKIAH and THE UNITED STATES OF AMERICA This Lease, made and entered into this in the year one thousand nine hundred and OF UKIAH day of Ninety five by and between, CITY whose address is: 1411 South State Street Ukiah, California 95482 for itself and its successors, and assigns, hereinafter called the Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. TERMS AND CONDITIONS: For the term beginning October 1, 1995 and ending September 30, 1996 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: See page lA for Legal Description FAA-AWP-56 Pg I (8-94)(A) Initials & Lessor Gov't Lease No.: DTFA08-95-L-14710 Page lA Legal Description Ukiah REIL Runway 33 Beginning at a point 10 feet northerly of the threshold located on the centerline of Runway 33, proceed 128' westerly on a line perpendicular to the runway centerline. This point establishes the northeast corner of a rectangular segment 20 feet southerly by 20 feet westerly to be for REIL #1 and control cabinet for Runway 33. Beginning at a point 10 feet northerly of the threshold located on the centerline of Runway 33, proceed 128' easterly on a line perpendicular to the runway centerline. This point establishes the northwest corner of a rectangular segment 20 feet southerly by 20 feet easterly to be leased for REIL unit #2 for Runway 33. Lease No.' DTFA08-95-L-14710 a. Together with a right-of-way for ingress to and egress from the premises; a fight-of-way or rights-of-way for establishing and maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations, attach fixtures, and erect additions, structures, or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. RENEWALS: This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day of September 2 010 3. CONSIDERATION: The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. 4. TERMINATION: The Government may terminate this lease, in whole or in part, at any time by giving at least sixty (60) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. 5. RESTORATION: The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor by written notice at least thirty (30) days before the date of expiration or termination requests restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as may be mutually agreed upon, either (1) restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease (changes to the premises in accordance with paragraph 1.(a), 1.(b) and 1.(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should a mutually acceptable FAA-AWP-56 Pg 2 (8-94)(A) Initials & Lessor Gov't Lease No.' DTFA08-95-L-14710 settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a questions of fact within the meaning of Clause 6 of this lease. 6. DISPUTES: a. This contract is subject to the Contract Disputes Act of 1978, as amended (41 USC 601-613). b. Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved under this clause. c. "Claim", as used in this clause, means a written demand or assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Lessor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified as required by subparagraph (d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. (1) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for a written decision. A claim by the Government against the Lessor shall be subject to a written decision by the Contracting Officer. (2) For Lessor claims exceeding $50,000, the Lessor shall submit with the claim a certification that-- (i) The claim is made in good faith: (ii) Supporting data are accurate and complete to the best of the Lessor's knowledge and belief, and (iii) The amount requested accurately reflects the contract adjustment for which the Lessor believes the Government is liable. by that individual. executed by-- location involved; or (3) (i) If the Lessor is an individual, the certification shall be executed (ii) If the Lessor is not an individual, the certification shall be (A) A senior company official in charge at the Lessor's plant or (B) An officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. FAA-AWP-56 Pg 3 (8-94)(A) Initials & Lessor Gov't Lease No.: DTFA08-95-L-14710 e. For Lessor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Lessor, render a decision with 60 days of the request. For Lessor certified claims over $50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Lessor of the date by which the decision will be made. f. The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. g. At the time a claim by the Lessor is submitted to the Contracting Officer or a claim by the Government is presented to the Lessor, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certification described in paragraph (d)(2) of this clause, and executed in accordance with paragraph (d)(3) of this clause. h. The Government shall pay interest on the amount found due and unpaid from (1) the date the Contracting Officer receives the claim (property certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. i. The Lessor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer. 7. OFFICIALS NOT TO BENEFIT: No member of or delegate to Congress, or resident commissioner, shall be admitted to any share of part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 8. COVENANT AGAINST CONTINGENT FEES' a. The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. b. "Bona Fide Agency," as used in this clause, means an established commercial or selling agency (including licensed real estate agents or brokers), maintained by the Lessor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. FAA-AWP-56 Pg 4 (8-94)(A) Initials & Lessor Gov't Lease No.' DTFA08-95-L-14710 "Bona Fide Employee," as used in this clause, means a person, employee by the Lessor and subject to the Lessor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent Fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper Influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. 9. NOTICES: follows: All notices sent to the parties under the lease shall be addressed as To the Lessor: City of Ukiah 1411 South State Street Ukiah, California 95482 To the Government; Department of Transportation Federal Aviation Administration Real Estate & Utilities Branch, AWP-56 P.O. Box 92007, World Way Postal Center Los Angeles, CA 90009-2007 10. RELOCATION: The Lessor agrees that any relocation, replacement, or modification of any Federal Aviation Administration facilities, covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes which impair or interrupt the technical and/or operational characteristics of the facilities, will be at the expense of the Lessor; except, when such improvements or changes are made at the specific request of the Government. In the event such relocations or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 11. OBSTRUCTION: The Lessor further agrees not to erect or to allow to be erected on the property leased hereby or on adjacent property of the Lessor, any structure or obstruction of whatsoever kind or nature as will interfere or constitute a hindrance with the proper operation of the facilities to be installed by the Government under the terms of this lease unless consent thereto shall first be secured from the Government writing. FAA-AWP-56 Pg 5 (8-94)(A) Initials & Lessor Gov't Lease No.' DTFA08-95-L-14710 12. HAZARDOUS MATERIALS: The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as direct result of the installation, operation, and/or maintenance of the facility. The Lessor agrees to remedial, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the facility. 13. The following are attached and made a part hereof: Attachments: Exhibit "A" and "B" 14. The following changes were made in this lease prior to its execution: ao Electric power service to be furnished by the City of Ukiah for the RE:IL facility, located on Ukiah Municipal Airport, Runway 33, Ukiah, California. The Power shall be taken from the existing runway lighting circuit owned by the City of Ukiah, at no cost to the Government. (Refer to Supplement No. 1, 9. e. of lease No. DOT-FA75WE-3163). IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: By: Title: THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Title: Contracting Officer, Real Estate & Utilities Branch, AWP-56 Date: FAA-AWP-56 Pg 6 (8-94)(A) Initials & Lessor Gov't Lease No.: 'DTFA08-95-L-'14710 "-') Exhibit "A" I LeaseNo~: DTFA08-95-L-14710 exi~'~dL ~o',vvv4 '--' /.,, c;//Z//"-/6 . .. Exhibit "B" t iCH£CKED SY $1~, ,.': ~jT .... OF CALC' ' ,"r U-,:,, ION SHEET AGENDA SUMMARY ITEM NO. 8d DATE: September 6, 1995 REPORT SUBJECT: DISCUSSION REGARDING COMPENSATION OF INTERIM CITY MANAGER The City Council requested that I return to them with a proposal for compensation for the position of Interim City Manager. In addition, it was requested that an estimate of temporary help during the interim period to pick up the slack in the Community Services, Personnel, and Risk Management Departments be proposed. I have met with the supervisors in the three Departments involved. They feel that they can take on additional duties for the estimated six month time period before a new City Manager is hired if we have some additional part-time help available. The help needed most would be in the sports division to help Tammi with the upcoming Youth Basketball Program as she will be taking over some of my duties for Community Services. Kort Pettersen, the YSU Director, is already a part-time employee with the City and is willing to take on further hours to 40 per week to help out in this division. Other additional part-time help would be minimal for the sports program over what is already budgeted. We estimate that there may be additional assistance needed in the Personnel Department to assist Kari in typing and picking up some of her additional typing duties as she will be needed full-time in the Personnel Division. Kari is well trained in the Personnel issues and I have every confidence in her ability to take on these additional duties. As far as compensation for the Interim City Manager position, I am requesting a 15% increase above my regular salary and the opportunity to be able to buy back more vacation than the two weeks allowed in my Director agreement if I reach my maximum vacation and am not able to take it during this time. This is requested so that I will not lose large quantities of accrued vacation time. I will still continue to actively be part of the Community Services, Personnel, and Risk Management Departments with the assistance of my very capable staff and feel that the extra hours required will be acceptable during the six month period estimated for the recruitment. There are no further requests. I appreciate the Council's consideration and accept their decision in this matter. RECOMMENDED ACTION- Consider and set compensation for Interim City Manager. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Request additional information. 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, City Manager ~~ Attachments: None APPROVED: 3:B:ASR.COMP ITEM N O._~...~__ DATE' SEPTEMBER 6, 1995 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION REGARDING ANNUAL CONGRESS OF CITIES The Mayor received the announcement from the National League of Cities regarding the Annual Congress of Cities to be held in Phoenix, November 29-December 2, 1995. The bylaws of the national association require specific delegates be authorized to vote on matters presented at the meetings. The Council has not attended this function in the past, nor is it included in the adopted budget. Consideration of whether any Council member will be attending the Congress and action to designate a voting delegate is the issue before the Council. Staff has no specific recommendation as this is presented for Council discussion. RECOMMENDED ACTION: 1. Determine whether any Council member will be attending the National Congress of Cities and designate Voting delegate if appropriate. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Take no action if Council members will not be attending the Congress. Acct. No. (if NOT budgeted): N/A Acct. No.' Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Michael F. Harris, AICP, Deputy Redevelopment Directo Coordinated with' Candace Horsley, City Manager Attachments: 1. August 18, 1995 National League of Cities's announcement, pages 1-2. Cand~'ce Horsley, City IVl~nager rn~h:asr NATClTCONGRESS August 18, 1995 National League of Cities 1301 Pennsylvania Avenue N.W. Washington, D.C. 20004 (202) 626-3000 Fax: (202) 626-3043 MEMORANDUM To: From: Subject: City Clerkg of Direct Member Cities Voting and Alternate Votine Delegates, Annual Congress of November 29 - December 2, 1995, Phoenix, Arizona Officers Pres/den/ Carolyn Long Banks Councilwoman-at-Large, Atlanta, Georgia First Vice President Grego~/S. Lashulka Mayor, Columbus, Ohio ,..qecood~_ .,pe President Glenda E. ~', ~? ~ ,; · ;.~'r:, ' Imme~,~td Past PrbsidePff:. ., !-~ Sharpe James Mayor, Newark, New Jersey Donald& ~ ¥'~'! i:. ;i' ,'~,., .... .,. Cities, DUE OCTOBER 6, 1995 The National League of Cities' Annual Business Meeting will be held Saturday, December 2, 1995 at the Congress of Cities in Phoenix, Arizona. Under the Bylaws of the National League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at tile Am~ual Business Meeting. Tile table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Cmnmittee. NLC's Bylaws expressly prohibit voting by proxy. Thus, the designated voting delegates ~nust be present at the Annual Business Meeting to cast tile city's vote or votes. To enable us to get your credentials in older and to provide your voting delegates with proposed National Municipal Policy amendments and proposed Resolutions prior to the Congress of Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 6, 1995. A pre-addressed envelope is attached. Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting. To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the BLUE copy of the credential form to your state league office and keep the WltlTE copy for your records. A list of the state leagues is enclosed. If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020. Past Preeldent=: Fe~l Harrison, Mayor, Scotland Neck, North Carolina · Glands E. Hood, Mayor, Orlando, Florida · Cathy Reynolds, Councilwoman-at-Large, Denver, Colorado · Directors: Lucy T. Allen, Mayor, Louisburg, Noah Carolina · Karen Anderson, Mayor, Minnetonka, Minnesota · Clarence E. Anthony, Mayor, South Bay, Florida · Ann Azarl, Mayor, Fort Collins, Colorado · Lock P. Beachum, Sr., Councilman, Youngstown, Ohio · Don Bennlnghoven, Executive Director, League of California Cities * Lara Blakely, Councilmember, Monrovia, California · Eddie L. Blankenshlp, City Council President, Birmingham, Alabama · John W. Butt, Councilmember, Chesapeake, Virginia · Carl Classen, Executive Director, Wyoming Association el Municipalities · Larry R. Curtis, Mayor, Ames, Iowa · John Divine, Commissioner, Safina, Kansas · Alvin P. DuPont, Mayor, Tuscaloosa, Alabama · Richard J. Haas, Mayor, Trotwood, Ohio · Jeme~ C. Hunt, Councllmember, Clarksburg, West Virginia · Steven E. Jeffrey, Executive Director, Vermont League o! Cities and Towns · Walter F. Kelly, Town Council President, Fishers, Indiana · liana Lleberman, Mayor. Lauderhill, Florida · Sylvia L. Lovely, Executive Director, Kentucky League of Cities · Maryann Mahaffey, City Council President, Detroit, Michigan · Christopher K. McKenzle, Executive Director, League of Kansas Municipalities · Thomas M. Menlno, Mayor, Boston, Massachusetts · Will D. Minter, Mayor Pro Tern, Oak Ridge, Tennessee · David W. Moore, Mayor, Beaumont, Texas · Thomas F. Morales, Jr., Councilmember, Avondale, Arizona · Kathy Morris, Mayor, San Mamos, Texas · Kathryn Neck, Mayor, Pasadena, California · James P. Nix, Mayor, Fairhope, Alabama · Michael J. Qulnn, Executive Director. Indiana Association of Cilies and Towns · Carolyn Ratio, Councilmember, Turlock, California · Bill Revell, Mayor, Dyersburg, Tennessee ·AIIcla M. Sanchez, Council Member, Port Huron, Michigan · Alice Schlenker, Mayor, Lake Oswego, Oregon · Winston Searles, Mayor Pro Tern, Rock Hill, South Carolina · Joseph F. Slnklawlc, Mayor, Loves Park, Illinois · Joseph A. Sweat, Executive Director, Tennessee Municipal League · Marian B. Tasco, Councilwoman, Philadelphia, Pennsylvania · Max W. Wells, Councilmember, Dallas, Texas · Thomas L. Werth, Mayor, Rochester, Michigan · Don Zimmerman, Executive Director, Arkansas Municipal League Recycled Paper -- L -- NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES Number of Votes - Direct Member Cities Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: 100,000 - 199,999 200,000 - 299,999 300,000- 399,999 400,000 - 499,999 4 votes 6 votes 8 votes 10 votes 500,000 - 599,000 12 votes 600,000 - 699,000 14 votes 700,000- 799,000 16 votes 800,000 - 899,000 18 votes 900,000 and above 20 votes Note' Member t}ities are required by the Bylaws to cast unanimous votes.