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2008-04-16 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 16, 2008 6:00 p.m. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. a. Workers Memorial Dav Proclamation 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6. 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. 7. 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. Report of Disbursements for the Month of March 2008 b. Report to City Council Regarding the Award for Geotechnical Services for the Development of the Ukiah Skate Park to Professional Service Industries, Inc. in the Amount of $7,825. c. Report Regarding Purchase of Firefighter Protective Clothing (Turnouts), from L. N. Curtis in the Amount of $6,486.56 d. Notification to Council of Renewal of Hardware Maintenance Agreement for the IBM AS/400 Minicomputer for the Amount of $8,895.00. e. Award of Bid for Purchase of Two Patrol Car Vehicles in the Amount of $54,323.50 to Downtown Ford Sales f. Report to Council of the Expenditure of $6,077.10 to HD Supply Utility for the Purchase of 2 M-Force Switches for Inventory Supply g. Notification to Council of the Enrollment of Information Technology Technicians in Online Technology Training Classes Provided by the Training Consortium at the Cost of $5,675.00. h. Authorization for City Manager to Execute Lease Renewal for North Ukiah Little League i. Award of Professional Services Agreement to Garavaglia Architecture, Inc., in an Amount Not to Exceed $55,260 for Preparation of Bid Documents for Rehabilitation of the Ukiah Railroad Depot j. Approve Contract Change Order No. 1 for 2002 STIP Arterial/Collector Rehabilitation Project Spec. No. 07-03 and Authorize Interim City Manager to Execute the Contract Change Order k. Approve Contract Change Order No. 1 for 2002 STIP Local Street Rehabilitation Project Spec. No. 07-04 and Authorize Interim City Manager to Execute the Contract Change Order I. Adoption of Resolution Waiving the 60-Day Notification Requirement for Establishing a County Facility in the City (749-C South State Street), Pursuant to Government Code 25351 m. Status Report on an Application for Proposition 50 California River Parkways Competitive Grant Program for Riverside Park Development; Approval of a Budget Amendment Not to Exceed $15,000 for Planning and Technical Assistance Utilizing Reserve Funds From the Open Space Acquisition Fund; and Approval of Grant Match Funding from the Open Space Acquisition Fund. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is 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. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Approval of R .W. Beck Preliminary Design for Hydro Express Circuit b. Award Procurement Contract to Kuhlman Electric for a Power Transformer for the Gobbi Substation Expansion and Authorize Budget Amendment in the Amount of $1,250,000 for Same. c. Approval of Addendum #2 to the Agreement with Westin for a Time Extension to Addendum #1 and Additional Control Work for the Lake Mendocino Hydroelectric Power Plant d. Approve Northern California Power Agency Operating Agreement for the Lake Mendocino Hydroelectric Power Plant in the Amount of $500,000, Associated Resolution and Budget Amendment in the Amount of $488,000. e. Consider Approval of a $30,000 Funding Level for the Preparation of the Combined City/District Sewerage Municipal Services Review (MSR), Approval of a Budget Amendment to Budget Account 612.3505.250.000 in the Amount of $30,000, and Endorse the Consultant Selection Committee's Recommendation to the LAFCO Commission to Award a Consultant Service Agreement to PMC for the Preparation of the Combined City/District Sewerage MSR f. Adoption of Resolution Opposing Measure 98 and Supporting Measure 99 on the June 2008 Ballot Related to Eminent Domain and Other Matters Related to the Taking of Private Property for Public Purposes g. Discussion and Possible Vote of Support for Measure B h. Adoption of Ordinance Amendment No. 07-33, Amending Ukiah Municipal Code, Division 3, Chapter 7 (Signs) and Division 9, Chapter 2 (Zoning) to Allow Temporary A-Frame/ Sandwich Board Signs Within and Outside the Public Right-Of-Way, Other Objects to be Placed Within the Public Right-Of-Way, and Minor Sign Code Amendments Regarding Banners and Similar Objects, Murals, Signs on Awnings, Sign Frames, Freeway Logo Signs, Community-Oriented Sign Program, and Other Minor Issues (Continued). i. Discussion and Direction on Implementation of Downtown Ukiah Parking Improvement Study j. Discussion and Possible Approval of a Revised Consent to Sale (Transfer Station Contract) and a Revised Assignment and Consent (Waste Collection Contract) (continued from 4/2) 11. NEW BUSINESS a. Discussion and Direction Regarding the Development of a Mobile Home Rent Stabilization Program and Ordinance b. Gobbi Street Alignment Mitigated Negative Declaration c. Designation of Council Subcommittee to Meet with City Manager to Review the City Attorney's Contract with Regard to Hourly Rate of Pay 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting a. Conference with Real Prooertv Negotiators (§ 54956.8); Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); Negotiator: Pat Thompson, Interim City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero; 15. ADJOURNMENT Please be advised that the City needs to be notifed 72 hours in advance of a meeting if any specifc accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 1 tth day of April, 2008. Linda C. Brown, City Clerk Come Join Us ! ! ! 21+ went ~ ~ ~ ~~~athematlcs Engineering Science Achievement ~1'1ESAEk~~.~ mate:: ~pr~iC26,2008 Mme: 6:OOpm 9:30pm Location: Saturday ~Lfternoon CCud 107 S Oak,St, `ZI(Ciah, CA for ticket purchases pease contact C3a6rie~~1~(o~ina or Brenda 9l~(oreno in the ~f~,SA center at (707) 468-3023 3a PROCLAMATION WORKERS MEMORIAL 1~AY IN THE CITY OF UKIAH APRIL 28, 2008 WHEREAS, every year many workers across America are injured or disabled by workplace injuries and occupational disease; and WHEREAS, strong safety and health protections, high employment standards, and the elimination of perffous conditions should be guiding principles for each employer and employee; and WHEREAS, the City of Ukiah strives to provide a safe work environment for its employees and has initiated many programs and procedures to reduce workplace injuries and hazardous situations; and WHEREAS, all employers and employees are encouraged to rededicate themselves to improving safety and health in every American workplace; and WHEREAS, acknowledgment of these factors by recognizing those who have suffered from workplace injuries is a dramafic method of educating our community about this issue. NOW, THEREFORE, I, Douglas F. Crane, Mayor of the City of Ukiah, on behalf of my fellow City Councihnembers, Phil Baldwin, Mari Rodin, John McCowen, and Benj Thomas hereby proclaim Apri128, 2006 as W orkerB.M1lemoriallhiy in thr City gf7liEiaJe in recognition of workers killed, injured, and disabled on the job and inform all residents of the valley about the gathering at 5:30 P.M. at Alex Thomas Plaza on Apri128 that is put on by the working men and women in Mendocino County to observe this special day. signed and sealed, this 16~h day of April, in the year Two Thousand and Eight. DauyGra F. Cristte, /Nayor ITEM NO.: 7a DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MARCH 2008 Payments made during the month of March 2008, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 82824-82918, 83015-83209, 83268-83346 Accounts Payable Manual check numbers: 75484 Payroll check numbers: 82919-83014, 83210-83267 Payroll Manual check numbers: none Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month March 2008. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Finance Director and City Manager Attachments: Report of Disbursements APPROVED.: /~ ~, ~ ~ ~~~,i.L~- 'City Manager KRS'. W ORD/AGENDAMAROB CITY OF UKIAH REPORT OF DISBU RSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MARCH 2008 Demand Payments approved. Check No. 82624-82918,83015-83124,831 25-83209,83268-8 3346,75484 FUNDS: 100 General Funtl $253,588.55 600 Airport 105 Measure S General Fund $53,313.43 610 Sewer Service Fund 131 Equipment Reserve Fund 611 Sewer Construction Fund 140 Park Development 612 City/District Sewer 141 Museum Grants 615 City/District Sewer Replace 143 N. E. H.1. Museum Grant 620 Special Sewer Fund (Cap Imp) 150 Civic Center Fund 640 San Dist Revolving Fund 200 Asset Seizure Fund $400.00 641 Sanitation District Special 201 Asset Seizure (Drug/Alcohol) 650 Spec San Dist Fund (Camp Imp) 203 H8S Education 11489 (B)(2)(Ai) 652 REDIP Sewer Enterprise Fund 204 Federal Asset Seizure Grants 660 Sanitary Disposal Site Fund 205 Sup Law Enforce. Srv. Fund (SLESF) $2,083.33 661 Landfill Corrective Fund 206 Community Oriented Policing 664 Disposal Closure Reserve 207 Local Law Enforce. Blk Grant 670 U.S.W. Bill & Collect 220 Parking Dist #1 Oper 8 Maint $616.66 678 Public Safety Dispatch 230 Parking Dist. #1 Revenue Fund $35.00 679 MESA (Mendocino Emergency Srv Auth) 250 Special Revenue Fund $5,297.10 695 Golf 260 Downtown Business Improvement 696 Warehouse/Stores 270 Signalizaton Fund 697 Billing Enterprise Fund 290 Bridge Fund $4,921.50 698 Fixed Asset Fund 300 2106 Gas Taz Fund 699 Special Projects Reserve 301 2107 Gas Tax Fund 800 Electric 303 2105 Gas Tax Fund 805 Street Lighting Fund 310 Special Aviation Fund 806 Public Benefts Charges 315 Airpon Capital Improvement $650.00 820 Water 330 1998 STIP Augmentation Fund 840 Special Wa[er Fund (Cap Imp) 332 Federal Emerg. Shelter Grant 900 Special Deposit Trust 333 Comm. Development Block Grant 910 Worker's Comp. Fund 334 EDBG 94-333 Revolving Loan 920 Liability Fund 335 Community Dev. Comm. Fund 940 Payroll Posting Fund 340 58325 Reimbursement Fund 950 General Service (Accts Recv) 341 S.T.P. 960 Community Redev. Agency 342 Trans-Traffic Congest Relie( 962 Redevelopment Housing Fund 345 Off-System Roads Fund 965 Redevelopment Cap Imprv. Fund 410 Conference Center Fund $4,838.10 966 Redevelopment Debt Svc. 550 Lake Mendocino Bond-InVRetl 975 Russian River Watershed Assoc 555 Lake Mendocino Bond-Reserve 976 Mixing Zone Policy JPA 575 Garage $2,241.25 PAYROLL CHECK NUMBERS 82919-83014 DIRECT DEPOSIT NUMBERS 36213-36450 PAYROLL PERIOD 2/24/08-3/8/08 PAYROLL CHECK NUMBERS: 83210-83267 DIRECT DEPOSIT NUMBERS 36451-36635 PAYROLL PERIOD 3/9/08-3/22/08 VOID CHECK NUMBERS: NONE VENDOR: KIEWIT PACIFIC COMPANY $2,977.33 $131,997.88 $97,087.01 $14,981.60 $494.65 $46,247.32 $4,532.57 $31,330.47 $3,217.88 $7,831.33 $1,077.50 $10,723.71 $864,979.88 $9,480.09 $3,391.11 $178,786.95 $23,553.37 $9,088.97 $637.24 $5,454.00 $178,377.15 $784.33 $5,420.65 $131.55 $23,766.90 TOTAL DEMAND PAYMENTS-A/P CHECKS $1,984,336.36 TOTAL DEMAND PAYMENTS-WIRE TRANSFERS' $851,849.00 TOTAL PAYROLL CHECKS 8 DIRECT DEPOSITS $674,201.80 TOTAL PAYROLL EFTS (TAXES, PERS, VENDORS) $475,508.22 TOTAL PAYMENTS $3,985,895.38 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. 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N •-1 ~o ~~ ~~w ~Fw ~~w w~w o ~ W~ o h ~ ~ ~ ~ ~ ~ E E y~~ ~ ~ u o > R 2 £ Y N W w C7 Q O Q H W N d F C r t~ w U w 0 x O a a 0 a .] U 0 u u 4 x N W 0.1 w 0 N ti N A U w m z 0 U U Q 0 E a w A w u~ ~L N z~ H N w ~ " o xH w H a o ~ a o z~ w N a o~ au ~ o cn F ~ Z o tiM Uo w U to 4 a u 0 0 N a F 0 F E 0 a w a 0 0 0 Q w a h ~a 0 U w a ITEM NO. 7b DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING THE AWARD FOR GEOTECHNICAL SERVICES FOR THE DEVELOPMENT OF THE UKIAH SKATE PARK TO PROFESSIONAL SERVICE INDUSTRIES, INC. IN THE AMOUNT OF $7,825. Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the award of geotechnical services to Professional Service Industries, Inc. in the amount of $7,825. Geotechnical services are a necessary component for the design and construction of the Ukiah Skate Park. The Community Services Department in collaboration with the Purchasing Department sent request for proposals for geotechnical services for the development of the Ukiah Skate Park. Seven bids were received with Professional Services Industries, Inc. providing the overall low bid. Bid Results Professional Service Industries, Inc. $7,g25 Miller Pacific En ineerin Grou $8,500 Michelucci & Associates, Inc. $8,700 Kleinfelder West, Inc. $11,900 SHN Consultin En ineers & Geolo fists, Inc $12,500 LACO Associates Consultin En ineers $14,554 RGH Consultants, Inc $14,961 RECOMMENDED ACTION: Receive report regarding the award of services to Professional Service Industries, Inc. for geotechnical services for the development of the Ukiah Skate Park in the amount of $7,825. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A FUNDING: Amount Budgeted Account Number Additional Funds Reauested $7,825 140.6050.800.005 N/A Citizen Advised: N/A Requested by: N/A Prepared by: Guy Mills, Project and Grant Administrator Coordinated with: Sage Sangiacomo, Director of Community Services, and Mary Horger, Purchasing Supervisor Attachments: N/A AP Pat Thompson, InteriFn City Manager ITEM NO: 7c MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING PURCHASE OF FIREFIGHTER PROTECTIVE CLOTHING (TURNOUTS), FROM L.N. CURTIS IN THE AMOUNT OF $6,486.56 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the City Council to advise of the purchase of four new sets Qacket and pants) of turnouts. The items were purchased from L.N. Curtis for the amount of $6,486.56 Turnouts are a necessary item needed by firefighters to perform their duties and required by the California Occupational Safety and Health Administration (Cal-OSHA). These turnouts are for three new volunteers and one replacement set. Funds for this purchase are budgeted in the current fiscal year. By buying in quantity, the City realizes a cost savings. RECOMMENDED ACTION: Receive report regarding the acquisition of new and replacement turnouts from L.N. Curtis for the amount of $6,486.56. ALTERNATIVE COUNCIL OPTIONS: N/A FUNDING: Amount Budgeted Account Number Additional Funds Requested $1,621.64 105.2101.690.006 N/A $4.864.92 105.2190.690.002 N/A Citizens Advised: N/A Requested by: N/A Prepared by: Harold Ritter, Fire Chief Coordinated with: Mary Horger, Purchasing Supervisor; Cindy Stanford, Administrative Secretary i Approved:~~ ~~ ~~,vxti~%L~-- ~Pat Thompson, C y Manager ITEM NO: 7d MEETING DATE _April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL OF RENEWAL OF HARDWARE MAINTENANCE AGREEMENT FOR THE IBM AS/400 MINICOMPUTER FOR THE AMOUNT OF $8,895.00. SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the renewal of annual hardware maintenance services for the system hosting the finance and utility billing applications. The IBM AS/400 minicomputer hosts the City's critical Financial and Utility Billing programs. To ensure rapid system restoration in case of system hardware failure, staff renewed the annual hardware support agreement with IBM through their partner Chouinard & Myhre. Funds were budgeted in Fiscal Year 2008-09 and costs distributed within the Finance Administration & Accounting, Billing & Collection and Purchasing budgets as indicated below. RECOMMENDED ACTION: Receive report on the notification to Council of renewal of hardware maintenance agreement for the IBM AS/400 minicomputer for the amount of $8,895.00. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A FUNDING: Amount Budgeted $3,558.00 $3,558.00 $1,779.00 Account Number 100.1301.302.000 697.1305.302.000 696.1390.302.000 Additional Funds Reouested N/A Citizens Advised: N/A Requested by: Steven Butler, Information Services Supervisor Prepared by: Steven Butler, Information Services Supervisor Coordinated with: Pat Thompson, Interim City Manager Attachments: N/A Approved: Thompson, Interim City Manager ITEM NO: 7e MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF TWO PATROL CAR VEHICLES IN THE AMOUNT OF $54,323.50 TO DOWNTOWN FORD SALES. SUMMARY: Included in the fiscal year 2007/2008 budget is the purchase of two patrol vehicles for the Police Department at an estimated cost of $80,000 dollars. In March of this year, staff submitted bids to seven vehicle vendors, including all local Ford dealers for the purchase of two new patrol cars according to State of California Specifications for Police Vehicles with preferred additional optional items desired by the Ukiah Police Department. Bids were opened March 25th, 2008, with 6 responses. Downtown Ford Sales bid, met the specifications provided for in the RFP, at $25,200 per vehicle, or a total cost of $54,323.50, including sales tax. Staff checked this bid price against the State of California contract price for police vehicles and found that our quoted low bid was under the state contract price per vehicle. Staff recommends that Downtown Ford Sales be awarded the bid for the police vehicle in the amount of $54,323.50, from account 105.2001.800.000. Continued on page 2 RECOMMENDED ACTION: Staff recommends that Downtown Ford Sales be awarded the bid for 2 police vehicles in the amount of $54,323.50. ALTERNATIVE COUNCIL OPTIONS: Provide Staff with alternative direction. FUNDING: Amount Bud eted Account Number Additional Funds Re nested $80,000 105.2001.800.000 None Citizens Advised Requested by: Prepared by: Coordinated with Attachments: Approved: N/A N/A Chris Dewey, Police Captain Pat Thompson, Interim City Manager 1 -Bid Tabulation 2 -Vehicle Justification Worksheet Thompson, City Manager Attachment 1 x~: ~ F y 3 ~. r s ~, ,tx s. ~ x s ~~^~ .~ 2 7 t ~~ C~~ O,~ 21~CI.~C ' ' 300 Seminary Avenue Ukiah, California 95482 BID TABULATION March 25, 2008 BID OPENING Two (2) New 2008 4-Door, Full-Size Ford Crown Victorias P71/730A Police Interceptors COMPANY TOTAL PRICE Downtown Ford Sales $54,323.50 525 N 16`h Street Sacramento, CA 95814 2. Hoblit Motors $59,783.86 5 To 6 Main Colusa, CA 95932 3. Ukiah Ford $59,842.45 1170 S State Street Ukiah, CA 95482 4. Hansel Ford $59,876.68 3075 Corby Avenue Santa Rosa, CA 95407 S. Harper Ford Country $60,904.87 4800 Hwy 101, North Eureka, CA 9SS01 6. Northlake Ford Mercury $62,149.88 2575 S Main Street Lakeport, CA 95453 7. W.C. Sanderson Ford No Bid PO Box 875 Healdsburg, CA 95448 ATTACHMENT_~_ City of L(ki,a.~t. Fleet Vehicle Justification Proposed Vehicle: Police Patrol Cars Department: Police Area of use: Patrol Prepared by: Chris Dewey 1 VEHICLE PURPOSE Need for vehicle within Department fleet The Ukiah Police Department maintains a fleet of 7 marked Police vehicles. These vehicles are equipped with safety equipment, radios, lights and sirens, provide transportation for police services and are authorized for emergency response and pursuit activities. The department currently deploys as many as 5 uniformed officers a shift and 7 vehicles are currently within the fleet, to allow for scheduled maintenance activities, unanticipated mechanical failures and other emergencies which may require additional personnel. 2 REPLACEMENT JUSTIFICATION 2.1 Current Vehicle Description, Mileage, Funding Source and Market Value Vehicle #4145 is a 2005 Ford Crown Victoria Pursuit Interceptor. The vehicle currently has 73, 000 miles, and has been in service with the department's fleet as a marked patrol car since it was purchased in 2005 using general fund account 100.2001.800.000. This vehicle is projected to reach the 100,000 mile service life benchmark during the next 6 months, and will require replacement. (Note: there is an approximate 6 to 8 month delivery, modification and set-up time required for each vehicle entering service, and the replacement of this vehicle is beginning now in anticipation of retiring vehicle #4145 next fiscal year.) Vehicle #4202 is a 2005 Ford Crown Victoria Pursuit Interceptor. The vehicle currently has 73, 000 miles, and has been in service with the department's fleet as a marked patrol car since it was purchased in 2005 using general fund account 100.2001.800.000. This vehicle is projected to reach the 100, 000 mile service life benchmark during the next 6 months, and will require replacement. (Note: there is an approximate 6 to 8 month delivery, modification and set-up time required for each vehicle entering service, and the replacement of this vehicle is beginning now in anticipation of retiring vehicle #4202 next fiscal year.) Vehicle Replacement Justification The blue book trade-in value of each vehicle is estimated to be $2, 900 dollars, with it's current mileage, and will have a value of $1,900 when it reaches it's planned retirement. 2.2 Maintenance Costs Overall Condition, Maintenance Costs, Out of Service Time, Parts Availability, and Associated Safety Issues Overall Mechanical Condition: The 2005 vehicles each currently have 73,000 miles of high demand police activities. Maintenance Costs: Vehicle maintenance records indicate the department has spent $2,952 dollars in parts and labor, maintaining vehicle #4145 since initiating the City-wide vehicle maintenance cost tracking program in December of 2007 Vehicle maintenance records indicate the department has spent $6,146 dollars in parts and labor, maintaining vehicle #4202 since initiating the City-wide vehicle maintenance cost tracking program in December of 2007. Out of Service Time: Both vehicles are currently in service and it is anticipated they will reach the end of their service life during the up-coming fiscal year. Parts Availability: Most parts are still available for this model year. Associated Safety Issues: If sold at auction, potential buyers should be made aware of the high demand police activities associated with each vehicle. 2.3 Shared Resources Define any resources currently available within the City of Ukiah fleet which could be utilized for this purpose. Police Pursuit Interceptors are specific purpose vehicles, with legislated specifications for emergency driving applications. A review of the City fleet was conducted and no other vehicle exists for this purpose. Page 2 4/7/2005 Vehicle Replacement Justification 3 PROPOSED VEHICLE SPECIFICATIONS Proposed Vehicle Specifications Police pursuit rated vehicles are tested and certified in California at the Riverside Sheriff's Oftice proving grounds, and at the Michigan State Police proving grounds. Certified emergency response vehicles include a number of additional safety measures to protect occupants in emergency response situations. The Ford Crown Victoria Police Interceptor leads the market in these safety design features. It is the only vehicle available that has been tested to withstand a 75mph rear crash, uses a Kevlar lined fuel tank, an automatic fire suppression system, bullet proof doors, and hardened windows to protect its occupants. 3.1 2008 Ford Crown Victoria P71/730A Police Interceptor Specifications Standard Features: 1. Alternator -high output, 200 amps, 132 amps at idle. 2. Automatic 4 Speed Transmission 3. Battery -Maintenance Free, 78 amp-hr (75000A) 4. Battery Saver -Turns Off Lights after 30 minutes 5. Body-On-Frame Construction 6. Brakes -power Anti-Locking Brake System (ABS) 7. Coolant Recovery System 8. Drive Shaft -Aluminum 9. Drive train RWD 10. Engine 250 hp, 287 ft.lbs@ 4100 rpm torque, 4.6L overhead cam, SEFIVB 11. Engine Oil Cooler 12. Fail Safe Cooling 13. Fuel Tank - 19 gallons 14. Heavy Duty nitrogen pressurized shack absorbers 15. Ignition System -electronic distributor less, coil on plug 16. Parking brakes -Manual Release 17. Power Steering -rack and pinion speed sensitive variable assist 18. Spare Tire -Conventional 19. Stabilizer Bars -front and rear Page 3 4/7/2008 Vehicle Replacement Justification 20. Suspension -police heavy duty 21. Tires P235/55R17 22. Transmission Oil Cooler 23. Upper Ball Joints -low friction non-greasable 24. Wheels -heavy duty steel, 17"x7.5" 25. Air Conditioning -manual with wide open throttle cutoff 26. Dome and Luggage Compartment lamps 27. Dual Ash tray-mounted cup holders 28. Emergency Interior Trunk Release 29. Floor Covering -Heavy Duty Rubber 30. Glove Box -illuminated lockable 31. Head Restraints - 2 way 32. Headliner-removable 33. Instrument Cluster -analog gauges 34. Instrument Panel Easy Access Labeled Fuse Panel 35. Integrated front door map pockets 36. Lamp -Front Map 37. Light Bar Connector- 40 amp battery circuit at front right corner of trunk 38. Mirror-day/night, inside rearview mirror 39. Rear Power Access Point 40. Seats -Power driver's seat -front cloth bucket 41. Seats -rear, vinyl bench 42. Speedometer -electric certified calibration 0-140 mph 43. Steering Wheel -tilt steering column 44. Trim -color keyed front and rear scuff plates 45. Glass Solar tinted 46. Decklid -low liftover design 47. Defroster -rear window 48. Frame -heavy duty hydroformed 49. Hub Caps 50. Mirrors -exterior black, foldaway dual remote control power 51. Paint -Clear coat 52. Windows -Power driver "express-down" feature Page 4 4/7/2008 Vehicle Replacement Justification Optional Features: Axle Ratio 3.55 limited Slip 58F - AM/FM Stereo Radio 61 H - Decklid Release on Door and Instrument Panel 68G -Laminated Security Side Glass 54M -Lamp, dame DELETE 153 -License Plate Bracket, Front 21A -Power Driver's Seat 51Y -Spot Lamps, Dual SP212 -Two Tone Paint Treatment #1 (Black UA Base, White WT Doors, Pillars and Roof) 14T -Trunk Pack w/ Kevlar front liner 65U -Ready for the Road Package Interior Trim - HW Dark Charcoal 96B -Moldings, Color Keyed Bodyside, Uninstalled (Shipped in Trunk) Ballistic Door Panels 41A -Comfort and Convenience Group 4 ALTERNATIVE FUEL AND CARB REGULATIONS 4.1 Alternative Fuels Availability Proposed Vehicle Alternative Fuels Availability Staff continues to research the feasibility of deploying alternative fuel marked patrol vehicles. While many alternative fuel vehicles are now available, their deployment as an emergency response vehicle is not yet practical. Ford has recently developed this vehicle for use with E85 Bio-Fuel, which if offered in our area, may serve as an alternative in the future. 4.2 CARB STANDARDS CARB STANDARDS CARB regulations do not apply to this purchase. Page 5 4/7/2008 ATTACHMENT ? _ v d L y y ovv'o ~ v -o~~v'o c ~ d d d d c c c c d d c 'D c N a a~~ 'o D~ d N d d d d d c c c c c 'o ~ 'o ~ v ~o 'o moo oo of ~ rn m d d `l d d mrnrnmm d d d.~. d d d y N W N N W f0 ~y f0 f0 f0 (0 fV f0 l9 ~y y ~N ~N ~N fV f0 f0 N (0 f0 f0 N N N fp QQQQ y L y Q~Q L L L L L L L ~In~~~In~ y y y y y QQQQQ L ~ L L 'L ~~~ L L L ~~In d N O NNN rMO rnnr~nnn IONNNIO I~1~1~ nnr y T A 0 ~~ C C C C N y N t0 d m C UL7 d d C7U~U UU d. 7 lV N~.J. C ~_ ~.J. 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U W lL H y d ~ ~ d N IOC p ~ w d ~ 000 RAM ~a)O O(ONNN(O~ aNN~UO N O p (U LL~N a N r ~ ROB (OM N MN(O M(p m M n O.V' O W ~ M M R M d V 7 V N N V a '7 N N N N M O V C V< V V ~ V V a V U N ~ M V Z ~ a' d LL t d N C d T d ~ _ :. C - ~NM V E OOn- ~OO~NM7 i+ ~.-~~~ d NfD I~O~a> A - O A L m 0~ m E E d b d ~~~. ~ d N ~ c ~~ c Q U a d a o ~ O N a a ITEM NO: 7f. MEETING DATE: aril 16, 2007 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL OF THE EXPENDITURE OF $6,077.10 TO HD SUPPLY UTILITY FOR THE PURCHASE OF 2 M-FORCE SWITCHES FOR INVENTORY SUPPLY Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the City Council to advise of the purchase of 2 Cooper Power Systems M- Force Switches for the Electric Division of the Public Utilities Department. The items were purchased from HD Supply Utility at a total price of $6,077.10. A total of 3 companies were sent requests to bid. Two of the companies responded with a no bid, even though they do distribute Cooper Power Systems Products. Cooper has identified HD Supply Utility in Portland as the sole distributor of these products. These items are being added into stock for maintenance and new construction. RECOMMENDED ACTION: NO ACTION NEEDED -REPORT TO COUNCIL ONLY Citizens Advised: N/A Requested by: Mary Horger, Purchasing Supervisor and Colin Murphey, Electric Supervisor Prepared by: Mary Parker, Purchasing Assistant Coordinated with: Pat Thompson, Interim City Manager Attachments: N/A Approved:-_ e-c~~~~i~>;u,L~-- Pat Thompson, Interim City Manager ITEM NO: 70 MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL OF THE ENROLLMENT OF INFORMATION TECHNOLOGY TECHNICIANS IN ONLINE TECHNOLOGY TRAINING CLASSES PROVIDED BY THE TRAINING CONSORTIUM AT THE COST OF $5,675.00. SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the enrollment of the IT Technicians in an online train program provided by The Training Consortium. Due to the constantly changing technologies in the technology field, as well as the increasingly complex computer and networking systems at the City of Ukiah, it is critical to keep the IT staff well trained in new and existing technologies that make up the City's IT systems in order to best achieve the goals and objectives of the Information Technology Department. A number of training options were considered and online training was deemed the most cost efficient and least disruptive manner to pursue. The work is funded through account 100.1965.160.000. RECOMMENDED ACTION: Receive report on the enrollment of IT Technicians in online technology training classes provided by The Training Consortium at the cost of $5,675.00. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: N/A Requested by: Steven Butler, Information Services Supervisor Prepared by: Steven Butler, Information Services Supervisor Coordinated with: Pat Thompson, Interim City Manager Attachments: 1 -Cody Jennings -TTC training quote 2 -Scott Shaver -TTC training quote '_~ ' 'Pat Thompson, In erim City Manager ATTACHMENT ~ ;~ ate'. THE TRAINING CONSORTIUM The Training Consortium, LLC PO Box 1497 Aberdeen, WA 98520 Sales/Support: Phone: (877)602-3800 Fax: (858) 947-3538 www,ttclive.com Date: Quote# 3/25/2008 1111991 Duote Prepared For: Steve Butler City of Ukiah 300 Seminary Ave Ukiah, CA 95482-5400 sbutler@cityof u kiah.com Account Manager Eric Hays eric.ha s@ttclive.com Number of Students 1 Qt Item Descri lion Per Student Total Cisco All Access 45 Cisco Live Now and 1 C- AA Expert Now courses with e-books; 1 year $4,195.00 $4,195.00 access beginning 3/28/08 1 Disc Promotional Discount -$1,500.00 -$1,500.00 1 TTC- Dues Training Consortium Lifetime Member Fee $95.00 $95.00 Sub Total $2,790.00 TOTAL $2,790.00 Quote Acceptance: Signed Printed It is acceptable to invoice us off this quote ^ (If not) Expected Purchase Order Date: Terms and Conditions: Registration can not be confirmed without payment. We accept company checks, Visa, Mastercard and American Express or one of the following: Valid Purchase Order, Check Request or Signed Quote. Invoiced accounts will be billed NET 30 **Promotional Discount available if registered for the 03/28/08 group launch and is subject to availability of licenses. ATTACHMENT o2 ~''~ ' ~ `"-'~ TRAINING '''~`` CONSORTIUM .. The Training Consortium, LLC PO Box 1497 Aberdeen, WA 98520 Sales/Support: Phone: (877) 602-3800 Fax: (858) 947-3538 www.ttclive.com Date: 3/25/2008 Gluote# 1111992 Ouote Prepared For: Steve Butler City of Ukiah 300 Seminary Ave Ukiah, CA 95482-5400 sbutler@cityof ukiah.com Account Manager Eric Hays eric.ha s@ttclive.com Number of Students 1 Ot Item Descri lion Per Student Total Microsoft All Access: 32 Microsoft Technical 1 MS-AA Live Now and Expert Now courses with e- $3,995.00 $3,995.00 books; 1 year access beginning 3/28/08 1 UPG1 Upgrade Package 1 (ISA, SMS, SharePoint) $295.00 $295.00 1 Disc Promotional Discount -$1,500.00 -$1,500.00 1 TTC- Dues Training Consortium Lifetime Member Fee $95.00 $95.00 Sub Total $2,885.00 TOTAL $2,885.00 Quote Acceptance: Title Printed Name It is acceptable to invoice us off this quote ^ (If not) Expected Purchase Order Date: Terms and Conditions: Registration can not be confirmed without payment. We accept company checks, Visa, Mastercard and American Express or one of the following: Valid Purchase Order, Check Request or Signed Quote. Invoiced accounts will be billed NET 30 **Promotional Discount available if registered for the 03/28/08 group launch and is subject to availability of licenses. v ITEM NO: 7h MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION FOR CITY MANAGER TO EXECUTE LEASE RENEWAL FOR NORTH UKIAH LITTLE LEAGUE The North Ukiah Little League organization has played games at the City owned property adjacent to Anton Stadium, known as "Lions Field", since the field was constructed by the Lions Club in 1956. The field was constructed specifically for the purpose of providing an additional little league facility for the community. As with the current lease, the proposed lease extends afive-year term in the amount of 51.00 per year. The proposed lease continues similar terms and conditions of the current lease. The North Ukiah Little League organization will continue to be responsible for field maintenance and all utility costs. Staff has met with representatives of the North Ukiah Little League organization and they are amenable to all conditions of the proposed agreement. These conditions are similar to the agreements that the City has with South Ukiah Little League and Rusty Bowl BMX at the Gobbi Street Riverside Park site. Staff believes the continued use of the property for this purpose is beneficial to the public and recommends the Council authorize the City Manager to execute the renewal of the lease as proposed. RECOMMENDED ACTION: Authorize City Manager to execute lease renewal for North Ukiah Little League. ALTERNATIVE COUNCIL OPTIONS: Determine lease renewal is not appropriate and remand to staff with direction. Citizens Advised: Yes Requested by: North Ukiah Little League Prepared by: Katie Merz, Community Services Supervisor & Sage Sangiacomo, Community Services Director Coordinated with: Pat Thompson, Interim City Manager Attachments: Proposed Lease Agreement Pat m City Manager ATTACHMENT#1 LEASE AGREEMENT This Lease, made this day of April, 2008, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the North Ukiah Little League, a corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code { {37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as "Lions Field", located on City property, more specifically described on the attached "Exhibit A". 2. TERM. The term of this Lease is for a period of five (5) year commencing on the date set forth above, with the option for four, one year, renewals. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year and identify Lessor as a sponsor of Lessee's program in consideration hereof for the use of said property. 3.1. Lessee specifically represents that it does not intend to make a profit on the use of the leased premises. All income derived from use of the leased premises shall be used ex- clusively to sponsor or promote Little League Baseball on the leased premises or for improvements to the leased premises. 3.2 Lessee shall maintain regular books of account which it shall make available to Lessor upon demand for inspection or audit. 3.3 Lessee agrees to provide signage in a location of visibility on the leased premises which identifies Lessor as a sponsor of the North Ukiah Little League Program. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of this Lease except as set forth herein. 4.1. Lessee shall use the leased premises exclusively as a Little League Baseball field under the Lessee's sponsorship and supervision. 2 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. 4.3. Prior to beginning baseball activities on the premises, Lessee shall install and maintain sound reduction materials to the backstop at the approval of Lessor and provide for at least one port-o-let sanitary station to be placed on the premises during baseball season. 4.4. Lessee agrees to keep the premises and all improvements in good repair and order and to bear the full cost for maintenance of all improvements. 4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for any development proposed under this lease. 4.6. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed on the leased premises at any time. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California. 4.8. Lessee shall bear sole responsibility for the cost of all utilities and any possessory interest tax which may result due to Lessees occupancy of the property. 4.9. Lessee agrees to allow use and access to the leased premises during the lessee's non-use times to Lessor for the purpose of Lessor's recreation programs or any other use approved by the Lessor. 4.10. Lessee shall not permit use of the property for any reason after the hour of 10:00 p.m. Lessee shall not permit vehicles to park on the premises between the hours of 10:00 p.m. and 8:00 a.m., and shall properly post the premises in accordance with Vehicle Code requirements. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 3 6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the following conditions are met: a. It maintains its status as a non-profit tax exempt organization; b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall immediately thereafter comply with the workmen's compensation provisions of Exhibit B. 7. TERMINATION. 7.1. This Lease or any renewal thereof, may be canceled for any reason by either party on sixty (60) days written notice to the other party. 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. 8. ATTORNEY'S FEES. Lessee shall pay Lessor its reasonable costs and attorney's fees if Lessor prevails in any legal action to enforce any of the terms of this Lease. 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: TO CITY: North Ukiah Little League City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 14. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. CITY OF UKIAH ATTEST: City Clerk By: NORTH UKIAH LITTLE LEAGUE By: It's: 5 yy~~rr~~~~ EXHIBIT B (YrUh INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) Lessee 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 Lessee's operation and use of the leased premises. The cost of such insurance shall be borne by the lessee. Minimum Scooe of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). B. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). C. Property insurance against all risks of loss to any tenant improvements or betterments. II. Minimum Limits of Insurance Lessee shall maintain limits no less than: A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. B. Employer's Liability: $1,000,000 per accident for bodily injury or disease. C. Property Insurance: Full replacement cost with no coinsurance penalty provision. III. 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 with respect to the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Iv. REQUIRED INSURANCE PROVISIONS Proof of General Liability policy is to contain, or be endorsed to contain, the following provisions: A. The City, its officers, officials, employees and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. B. The Workers' Compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured. C. The lessee's insurance coverage shall be primary insurance with respect to 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 in excess of the Lessee's insurance and shall not contribute with it. D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given the City. V. Rating-Acceotabilitvoflnsurers Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. VII. Verification of Coverage Lessee shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City. Ii endorsements are on forms other than the City's forms, endorsements or policies must conform to City requirements. 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, including endorsements affecting the coverage required by these specifications at any time. If you have questions regarding our insurance requirements contact: Risk Manager (707)•463.6287 Fax (707)463.6204 2128108 Page 1 of 1 ITEM NO. 7i DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT TO GARAVAGLIA ARCHITECTURE, INC. IN AN AMOUNT NOT TO EXCEED $55,260 FOR PREPARATION OF BID DOCUMENTS FOR REHABILITATION OF THE UKIAH RAILROAD DEPOT SUMMARY: Staff distributed a request for proposals to 25 firms seeking professional architectural services for preparation of bid documents for rehabilitation of the Ukiah Railroad Depot. Three firms responded with proposals. Staff reviewed the proposals with the consultant selection board and selected Garavaglia Architecture, Inc. for submitting the most responsive proposal. Selection of professional consultants must be made by qualifications, not be fee amount. Other proposals received included Ruff & Associates at $56,145 (corrected amount) and Leventhal/Scholosser/Newberger Architects at $63,595. This project will be funded through the Mendocino Council of Governments with Transportation Enhancement Activities (TEA) funds and State Transportation Improvement Program (STIP) funds. Funds are included in the Fiscal Year 2007 / 2008 budget as shown on Attachment 1. Staff recommends award of a professional services agreement to Garavaglia Architecture, Inc. for the preparation of bid documents for rehabilitation of the Ukiah Railroad Depot. RECOMMENDED ACTION: Award a professional services agreement to Garavaglia Architecture, Inc. in an amount not to exceed $55,260 for preparation of bid documents for rehabilitation of the Ukiah Railroad Depot. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Select another firm (not recommended). 2. Redistribute the RFP to seek other proposals. Citizen Advised: None. Requested by: Tim Eriksen, Director of Public Works /City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works ~~ Coordinated with: Pat Thompson, Interim City Manager Attachments: 1. Fiscal Year 2007 / 2008 budget sheet !_ APPROVED: ,~2~i'%~ 2~- at Thompson, Int rim City Manager RJS: AG-Pm5vcs-RRDep~IRdOavc A~achmgni # O u ~ o 0 ° p ~ ~ i o_ .r p ° 0 p q ~ ~ ~ ~ ~ w a_ r a ~^- ~ ~ 4 ~ w a0 ~ ,n `w am w ur Y N ~ S] d N C ~ 6 t0 ~ N N ~ ~ N ? ~ d ~ r rG Z r m U ~ O 'O O ~ ~ N W Q U N y - d ~ ~ ~ N N N i ~ N C 7 w b D U dt ~" N ~ ~ O ~_ N d m ~ ~ ~ ~ ~ o a w- a~ N W N N i~~ N s W O Q T N '~ t6 Q' ~ ~ C N N i 7 W pC ~ N a~ d WOW u4i tU-O ~W ~ K Y 3 'fl 4 ca 4 4 a d a c~ N ~ V U V m ~ - d O- u. R ~ N R V- N N ~ 67 ~O U' ~ G R a ~ a d ~ m d ~ N io ~- W 0 0~ c m Q °'a'~iroQ:c rn N p N G N O ~ ~ Q ~ 4. N W ~ LT c d c c -o c6 C ~ R N ~'4 -~o~ a=i2~t0 ~`6E -cam N Q fl' ~ ~ ° ~ u ~~wa r d ~ D O n Id 1 ia. F <'1 O d 7 ~~ 0 N N O~ U m z t Z~ N N m n 9 R ~ r N T V m °~ Q 4 O r <- N cn n. ~ 4 r u M a a v r ~ N i W z r 4 U ~ u o a ~ ~' r p U Or n `e W Z , r Q V u1 C7 O "Z N o ~ O ~ o w '^ O V rn J a, 2 Q p ~/ O N i r o ~ O 6 U U O Q' M N a 6 i r~ r d 0 o ~ o o ~ r Q Z w ~ ~ LL 7 Q ITEM NUMBER: 7j DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 1 FOR 2002 STIP ARTERIAL/COLLECTOR REHABILITATION PROJECT SPEC. NO. 07-03 AND AUTHORIZE INTERIM CITY MANAGER TO EXECUTE THE CONTRACT CHANGE ORDER SUMMARY: On December 5, 2007, the City Council awarded a contract to North Bay Construction, Inc. (NBC) in the amount of $418,270.35 for construction of the 2002 STIP Arterial /Collector Rehabilitation, Specification No. 07-03. Since the original bid amount was less than staffs estimate for the project, staff contacted NBC to obtain contract change order pricing to add additional previously approved street sections to the project. The amount for contract change order number 1 is $254,999.75. The total project cost, including the proposed contract change order, is therefore $673,270.10. Staff recommends the purchase order be authorized for the total State Transportation Improvement Program (STIP) funding amount of $700,000 to account for any subsequent authorized change orders and changes in quantities constructed. Since the City is eligible to be reimbursed for the entire STIP amount of $700,000, staff recommends approval of the attached contract change order. Recommended Action(s): Approve contract change order no. 1 and authorize Interim City Manager to execute the contract change order. Alternative Council Policy Option(s): Deny the contract change order which would in effect return STIP funding to the State of California. Funding: Funding for this project is available in the FY 2007-2008 budget, account number 330.9810.250.000. Citizens advised: None. Requested by: Tim Eriksen, Director of Public Works /City Engin~ Prepared by: Rick Seanor, Deputy Director of Public Works Q Coordinated with: Pat Thompson, Interim City Manager Attachments: contract change order no. 1 __ - Pat Thompson, Int~m City Manager forth Bay Consrtruction,lnc_ RECEtVEC APR - 8 2008 Change Request Attachment # ~ DEPT OF PUBLIC woF Date: 03/2812008 CR Number: 001A City of Ukiah Attentio~~ ~{~~` 300 Seminary Avenue Ukiah CA 95482-5400 NBC Customer Code: UKICIT NBC Job No.: 1715 Job Name: St. Rehab, and Arterial Customer Project #:2002 Arterial Rehab.ISpec. No. 07-03 Change Request Notes Other: INCREASE UNIT ITEMS FOR 2002 STIP ARTERIAL/COLLECTOR REHABILITATION SPECIFICATION NO. 07-03 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 -License No. 'tint Date: 04/04108 FAX: (707) 765-6432 Pa e 1 of3 9 Date: 03/2812008 CR Number: 001A City of Ukiah NBC Customer Code: UKICIT Attention: NBC Job No.: 1715 300 Seminary Avenue Job Name: St. Rehab, and Arterial Ukiah CA 95482-5400 Customer Project #:2002 Arterial Rehab./Spec. No. 07-03 In accordance with terms, conditions and exclusions of contract, scope of this change is li mited to: Billing Billing Group Item Description Quantity UM Unit Price Amount ZZ Z01A1 TRAFFIC CONTROL LS 21,450.00 ZZ Z01 A2 EDGE GRINDING 120.00 CY 100.0000 12,000.00 ZZ Z01 A3 ASPHALT CONCRETE 1,668.00 TN 101.5000 169,302.00 ZZ Z01A4 PAVEMENT FABRIC 17,097.00 SY 1.6500 28,210.05 ZZ Z01A5 RAISE MANHOLES 15.00 EA 470.0000 7,050.00 ZZ Z01 A6 RAISE VALVES 23.00 EA 310.0000 7,130.00 ZZ ZOtA7 RAISE MONUMENTS 1.00 EA 390.0000 390.00 ZZ 201A8 BROKEN YELLOW 4" PAINT STRIPE 2,856.00 LF 0.4000 1,142.40 ZZ Z01A9 SOLID YELLOW 4" PAINT STRIPE 399.00 LF 0.6000 239.40 ZZ Z01A10 WHITE PAINTED CROSSWALKS 439.00 LF 3.0000 1,317.00 ZZ Z01A71 YELLOW PAINTED CROSSWALKS 419.00 LF 3.0000 1,257.00 ZZ ZOtA12 WHITE PAINTED STOP LINE 13.00 LF 3.0000 39.00 ZZ Z01A14 STOP LEGENDS 5.00 EA 70.0000 350.00 ZZ Z01A15 REFLECTIVE BLUE MARKERS 8.00 EA 25.0000 200.00 ZZ Z01A16 SOLID WHT 8" PNTD TRAF STRIPE 69.00 LF 3.0000 207.00 ZZ Z01A17 DBL YLW PAINTED TRAF STRIPE 212.00 LF 3.0000 636.00 ZZ Z01A18 4" WHITE BIKE LANE 3,709.00 LF 0.4500 1,669.05 ZZ Z01A19 6"WHITE BIKE LANE 3,709.00 LF 0.6500 2,410.85 Total This Change For: 001A 254,999.75 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 -License No.: Tint Date: 04/04/08 FAX: (707) 765-6432 Pa e 2 of 3 9 Date: 03/28/2008 CR Number: O01A City of Ukiah Attention: 300 Seminary Avenue Ukiah CA 95482-5400 NBC Customer Code: UKICIT NBC Job No.: 1715 Job Name: St. Rehab, and Arterial Customer Project #:2002 Arterial Rehab./Spec. No. 07-03 PLEASE SIGN & RETURN ONE SIGNED COPY TO OUR OFFICE OR FORWARD YOUR CHANGE ORDER. 7 Increase in working days to complete this work. Customer: City of Ukiah N( Authorized Representative: BY: By: Date: Date 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 -License No. print Date: 04104!08 FAX: (707) 765-6432 Pa e 3 of 3 9 Z o 0 a ~ W J '.-' U _ N f~ V M N a W_ m M In a w_ x > v o a m ~ v O o R m N 0 A U W m a LL ~ W Z t~ M N N C7DY ~ 2 U w ~ '.' U O] (PD N 10 W N N ~ N t0 f _ Q ~ N x Z U O N Z a O ... J LL V Q N ~ Q] ax ~~ 3 > O !x- o m m n W Z LL N M tLL W J ~ x m ~ ~ o00 w h- Q LL o N ro m n M Z U W ... N J W 0] LL D] a ¢] LL Q. ~ l L J J ~" F 0 N ~ N j N ~ FN- 1 W -•'.. ~ ~ J ~ -~`. J F 4 f ~ C7 ~ F- (~ W W ~ a w ~ > w z ~ ~ ~ a w w ~ w r ~ to a a Z J ~ F- J ~ O U ~ U U O m t~ ~ F ~ u l Q ig L a 0 r N ~ ~ Z J GO o M ~ r r M M ~ ° o `a' °' °' ~ Q Y O S J ~i H a" (!1 J i XzQ< CD J O QLL~. ~ ~ ~ r J 7 O a 0 0 oI o ~ ~'a rn O 0 ° r; 0 M ~-. M ~ 0 ° r; 0 0 M r-_ M 0 o I ° o N ~ ° ~ ° ~~ ~, W o ~ ~ o x `" O .n ~ ~ J ~ t W Y o W ° r ° o x 3 'n o r p p p can c o ~ ct J ~_ ~ J a y1 Z >' W y W ° 4 r ° ~ _ ° c0 a O O N W g 4 Z 4 0 m O N M M ITEM NUMBER: ~k DATE: AGENDA SUMMARY REPORT April 16, 2008 SUBJECT: APPROVE CONTRACT CHANGE ORDER NO. 1 FOR 2002 STIP LOCAL STREET REHABILITATION PROJECT SPEC. NO. 07-04 AND AUTHORIZE INTERIM CITY MANAGER TO EXECUTE THE CONTRACT CHANGE ORDER SUMMARY: On December 5, 2007, the City Council awarded a contract to North Bay Construction, Inc. (NBC) in the amount of $186,081.71 for construction of the 2002 STIP Local Street Rehabilitation, Specification No. 07-04. Since the original bid amount was less than staff's estimate for the project, staff contacted NBC to obtain contract change order pricing to add additional previously approved street sections to the project. The amount for contract change order number 1 is $57,587.03. The total project cost, including the proposed contract change order, is therefore $243,668.74. Staff recommends the purchase order be authorized for the total State Transportation Improvement Program (STIP) funding amount of $252,000 to account for any subsequent authorized change orders and changes in quantities constructed. Since the City is eligible to be reimbursed for the entire STIP amount of $252,000, staff recommends approval of the attached contract change order. Recommended Action(s): Approve contract change order no. 1 and authorize Interim City Manager to execute the contract change order. Alternative Council Policy Option(s): Deny the contract change order which would in effect return STIP funding to the State of California. Funding: Funding for this project is available in the FY 2007-2008 budget, account number 330.9810.250.000. Citizens advised: None. Requested by: Tim Eriksen, Director of Public Works /City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works ~.'/~ Coordinated with: Pat Thompson, Interim City Manager IW'~ Attachments: contract change order no. 1 Pat Thompson, Iriterim City Manager 1~orth Bay Construction,lnc_ RECEIVED 1 Change Request APR - s Zoos Attachment # _ cITY of uKIAH Date: 03/3112008DEPT. OF PUBLIC WORI CR Number: 001A City of Ukiah Attentio~,(~ ~~1 ice` 300 Seminary Avenue Ukiah CA 95482-5400 NBC Customer Code: UKICI1 NBC Job No.: 1715 Job Name: St. Rehab, and Arterial Customer Project #:2002 Local St. Rehab/Spec. No. 07.04 Change Request Notes Other: INCREASE UNIT ITEMS FOR 2002 STIP LOCAL STREEET REHABILITATION SPECIFICATION NO. 07-04 In accordance with terms, conditions and exclusions of contract, scope of this change is limited to: Billing Billing Group Item Description Quantity UM Unit Price Amount ZZ Z0281 TRAFFIC CONTROL LS 14,550.00 ZZ Z0262 EDGE GRINDING 17. 00 CY 153. 0000 2,601.00 ZZ Z0283 ASPHALT CONCRETE 321 .00 TN 109. 5000 35,149.50 ZZ Z02B4 PRF 709 .00 SY 2. 1700 1,538.53 ZZ Z0285 RAISE MH TO GRADE 1 .00 EA 542. 0000 542.00 ZZ Z02B6 RAISE VLV BOX TO GRADE 8 .00 EA 292. 0000 2,336.00 ZZ Z0287 RAISE MONUMENTS 1 .00 EA 390. 0000 390.00 ZZ Z02B8 WHITE PAINTED WIDE STOP LINE 45 .00 LF 4. 0000 180.00 ZZ Z0269 STOP PAVEMENT NIARKING 3 .00 EA 100. 0000 300.00 Total This Change For: 001A 57,587.03 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 -License No. 'riot Date: 04/04/08 FAX: (707) 765fi432 Page 1 of 2 Date: 03/31/2008 CR Number: 0O1A City of Ukiah Attention: 300 Seminary Avenue Ukiah CA 95482-5400 NBC Customer Code: UKICI1 NBC Job No.: 1715 Job Name: St. Rehab, and Arterial Customer Project #:2002 Local St. Rehab/Spec. No. 07-04 PLEASE SIGN & RETURN ONE SIGNED COPY TO OUR OFFICE OR FORWARD YOUR CHANGE ORDER. 3 Increase in working days to complete this work. Customer: City of Ukiah Authorized Representative: By: Date: 431 Payran St., P.O. Box 6004 Petaluma, CA 94953 Telephone: (707) 763-2891 -License No.: 'riot Date: 04/04/08 FAX: (707) 765-6432 Pa e 2 of 2 9 Z Q W M O M J '~ U > W v v m Q W r O r S U ~ y o m O m n Q LL C7 W ?.~ ~ Z U fD ~ `" W ~ U' F W N z O N O M .~ . . Q 0 W J = Q O LL M N h Q 3 .J S o r J ~ +" OOi N N W Z LL_ LL W M N t0 J m _ _ W a J O ~- J - - } F .- ~ _ O 1' W y O ' F- .`: ~ _ J ~ '"~ ~.` N W - W - K y ~ W Z -~ O LL a - O .`=: LL F W Z ~ Q' W O Z r g v ~ o z W z ~ O p ~ Q.' N O Q m v 0 0 N M i+J W 1 4 rn r m 0 0 N r M M r G N C O '6 Q ITEM N0: ~1 DATE: Apri116.2008 AGENDA SUMMARY REPORT SUB]ECT: ADOPTION OF RESOLUTION WAMNG THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (749-C SOUTH STATE STREET), PURSUANT TO GOVERNMENT CODE 25351 SUMMARY: The Mendocino County Health and Human Services Agenty has requested a waiver from the 60-day notification requirement, as established by Government Code Section 25351, to lease 749-C South State Street for the Social Services Special Investigations Unit to occupy for offices. Government Code Section 25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before leasing the office space. As indicated in the attached correspondence from Debra Reed, Facilities and Project Manager of the Agenty, the County hopes to lease the space and begin occupanty sooner than 60-days. Without the City's waiver of the 60-day notification requirement, the County would have to delay relocation of staff into the buildings. The Ukiah General Plan designates the properly as "C" (Commercial) and the zoning classification is "C-1" (Community Commercial), which allows professional offices. Staff can find no reason to oppose the County's immediate lease and use of the office suites, and therefore believes the 60-day noticing waiver is supportable. RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code Section 25351. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Resolution, thereby require the County to wait 60 days to lease and use the building at 749-C South State Street. Citizen Advised: N/A Requested by: Debra Reed, Facilities and Project Manager -Health and Human Services Agency Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Pat Thompson, Interim City Manager Attachments: 1. Waiver Resolution 2. Reed correspondence, dated March 28, 2008 3. Site Location Map APPROVED:. ~LZf_?~ ~-*.-- Pat Thompson, Interim City Manager ATTACHMEM' I RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, Government Code §25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and Government Code §25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and The Mendocino County Health and Human Services Agency has requested a waiver of the 60-day notification requirement to lease and use the building located at 749 - C South State Street for office space for the Social Services Special Investigations Unit; and 4. The granting of the waiver will enable the Health and Human Services Agency to immediately lease and occupy the building rather than waiting 60-days; and 5. The use of the building by the Social Services Special Investigations Unit would not be inconsistent with any City code, or the goals and policies of the Ukiah General Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino Department of General Social Services a waiver of the 60-day notification requirement to lease and use the building located at 749-C South State Street for office space for the Social Services Special Investigations Unit. PASSED AND ADOPTED on this 16th day of April, 2008, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Doug Crane, Mayor ATTEST: Linda Brown, City Clerk ATTACHMENT Mendocino County Health and Human Services Agency Social Services "Crea[ing a Community of Sa fe and Independent Families and Individuals" Susana Wilson •> Branch Director _ _ Facilities, P.O. Box ]060, 747 S. State St., Ukiah, CA 95482, 707-463-7802 FAX 707-463-7808 March 28, 2008 City Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Rc County Lease of 749 C South State Street, Ukiah, California Honorable Council Members: The County of Mendocino wishes to lease approximately 1585 square feet of office space at 749 C South State Street, Ukiah, from owner Mike Schutz for use by the Health and Human Services Agency, Social Services Branch, Special Investigations Unit. By way of this letter, we hereby request that the City Council adopt a resolution waiving the 60-day notification requirement (reference Government Code Section 25351). Your cooperation in granting this request will enable the Social Services Special Investigations Unit to begin occupying this location sooner than 60 days. In the absence of such waiver, the County must delay relocation of staff into the building Special Investigation Unit will exit until the 60 day notice time has elapse . Thank you for your cooperation in this matter. If you have any questions, please feel free to contact me at 463-7802. Sincerely, n ~ c'~ ,~-~- i ~~~ Debra Reed Facilities and Project Manager Health and Human Services Agency cc: Kristin McMenomey Susana Wilson ATTACHMENT `____-3 ..L x ITEM NO. 7m DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT ON AN APPLICATION FOR PROPOSITION 50 CALIFORNIA RIVER PARKWAYS COMPETITIVE GRANT PROGRAM FOR RIVERSIDE PARK DEVELOPMENT; APPROVAL OF A BUDGET AMENDMENT NOT TO EXCEED $15,000 FOR PLANNING AND TECHNICAL ASSISTANCE UTILIZING RESERVE FUNDS FROM THE OPEN SPACE ACQUISITION FUND; AND APPROVAL OF GRANT MATCH FUNDING FROM THE OPEN SPACE ACQUISITION FUND. The passage of the "Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002" (Proposition 50) provided funds forthe acquisition, restoration, protection, and development of areas along rivers, streams, and creeks. At Council's direction, City Staff submitted a grant application for the development of the Riverside Park Project. Staff was contacted last week by the State Resource Agency and was advised that the City's application has been recommended by the Technical Committee for final assessment. This is the third and most likely the final round of funding from the Proposition 50 California River Parkways Program. The City's application totals $4,211,770 and is for the development of the 42 acre park including riverine/riparian habitat, river access, wetland restoration, and trails. Continued on Page #2 RECOMMENDED ACTION: 1. Receive status report on Proposition 50 California River Parkways Grant Program for the Riverside Park Development Project. 2. Approve budget amendment for technical assistance funding in an amount not to exceed $15,000 from the Open Space Special Project Reserve Fund (699.260.015). 3. Approve the use of the project reserve funds from the Open Space Acquisition Fund for use as a match if the grant for the Riverside Park Development is awarded. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine the budget amendment and/or match grant designation is not appropriate and provide additional direction to Staff. FUNDING: Amount Budgeted Transfer From Account Transfer To Account Funds Requested $0 699.260.015 699.2110.800.020 Not to exceed $15,000 Citizen Advised: N/A Requested by: N/A Prepared by: Sage Sangiacomo, Community Services Director Coordinated with: Katie Merz, Community Services Supervisor Attachments: 1. Site Plan and Proiect Goals APPROVER: ~ ~~z--~ Pat Thompson, I terim City Manager The Resource Agency has planned an onsite assessment meeting for May 14. In order to adequately prepare for this meeting, additional technical planning will be required. Given the short turn around, Staff requests that the Council authorize up to $15,000 to be used for technical assistance from the Open Space Special Project Reserve Fund (699.260.015; fund balance - $175,980). If approved, RRM Design Group is available to provide the planning and technical assistance necessary in preparing for the onsite assessment. RRM Design Group is the firm utilized by the City for the development of the project plan and also assisted with previous grant applications. While no funds from the City are required for this program, Staff believes that some level of matching funds would help illustrate the City's readiness and commitment for the project. Thus, Staff recommends approving that the remaining funds in the Open Space Acquisition fund be made available for match if the grant is awarded. Staff is also working to identify RDA funds for streetscape improvements on the Gobbi Street corridor to the park entrance and Water Treatment funds for a reclaimed water delivery system from the treatment plant to the park development. In addition, Staff will continue to research other sources of matching funds from other agencies to help promote the City's application with the California Resource Agency. Background The Proposition 50 California River Parkways Program managed by the California Resources Agency is a competitive grant program for river parkways projects. Eligible projects must provide public access or be a component of a larger parkway plan that provides public access. In addition, projects must meet two of the following conditions: Provide compatible recreational opportunities including trails for strolling, hiking, bicycling, and equestrian uses along rivers and streams. Protect, improve, or restore riverine or riparian habitat, including benefits to wildlife habitat and water quality. Maintain or restore the open-space character of lands along rivers and streams so that they are compatible with periodic flooding as part of a flood management plan or project. Convert existing riverFront land into uses consistent with river parkways. Provide facilities to support or interpret river or stream restoration or other conservation activities. The plan for Riverside Park clearly meets all five of the previously listed statutory guidelines. There are no developed public access points to the Russian River in Mendocino County. When fully developed, Riverside Park will be a popular local and regional recreation destination, serving a population of over 50,000 people. Attachment #1 includes the site plan and identified project goals. The State Coastal Conservancy has provided considerable financial support for the project including funding for planning, design and a perimeter security fence. Recently, the Conservancy has indicated that additional funds may be available for continued development and has designated the project as the top priority river parkway development along the Russian River corridor. In addition, the City is evaluating the site as a likely location for the reclamation of water in the restoration of wetland habitat planned for the southern portion of the property. 2 Attachment #1 ,~_ Gobbi Sheet i~~ve~si~e P~rf< Design Elements VI<Idh, Cdliforr~id ~~ pF~uluweue~,neamp~e~ •'- u. y .. .ry~'w ~wmw' 1 ~s] MawanMe' ghoi .a, a.mwxwnw,x 0 G+cWIxrSOalrhn ;,.~r~arw.r+= 5U Ff mAeeesi 1 l'J E.UUng pM%TNCl rr+Hwunvtnwamsse ~w nvMV mumaa+a ~~ ..xauw.rrv. ~.a Q FICnRArtc •71mh1""in6v uy1"w.wdnuY°^$S i~~M ~irpe*Y° Q Ncw Saner Flek m'c~':a°~vawv Tek~iM i`hyg+oand wwwwe.ww ® Open Meadow ®NMIw Gnlm ~'~. ~w Nm fowl e~~.~®. ~Enhcnml WethnJ . ~,sww~w.e+~uwwna ..e.wu. ~Penmek+Fend~y~~ . ~~ .en ©pulmACr Fc4dng . rw.we...m 1 c~ Ytlnlly PUp ~ Se ~~.t ('rcr 16 coda Results Park Siu 42 acres Riverine Habitat Approximately 1,900 of river frontage will be stabilized and enhanced with native lasts. Riparian Habitat The area between the southern-most fence and agricultural property to the south extending northward into the park site approximately 450 feet (10 acres) would be devoted to a restoration area that would be the focus of wetland restoration and wildlife habitat enhancement. This area would dso act as a buffer to the a 'cultural o rations. Botanical Gardens Within the perimeter trail, there would be a series of landscaped environmenffi including a redwood forest, an oak woodland, and a native plants garden containing primarily annuals, shrubs, and ground cover indi moos to the area. Trail System An approximately 8-foot wide perimeter trail will connect all use areas in the park. This trail, which will be constructed of decomposed granite, will be approximately 4,300 feet in length, and would also be the sub'ect of a nine station nurse Picnic Grounds Along the perimeter of We trail fronting the Russian River frontage, a series of picnic areas would be carefully nestled into vegetation along the of the bank. P A total of 158 aces will be constructed. Ball Fields The large basebdl diamonds would be adjusted and reconfigured to a true north-south orientation, providing additional room for an T-Ball field on the western ed of the k. Soccer Field Anew 180-foot b 300 foot soccer field would be Bevel Tot Lot A single small playground and tot lot would be installed near the soccer field and sive recreation areas. BMX The well-used facility would not change beyond its present configuration. However, access to the site would be greatly improved and ionic area ad'acent to the facili would be constructed. Kayak /Canoe Access Of the throe points of access provided down to the water's edge, the middle access would serve as the primary access point for canceisffi and ka akers who would have immediate access to ar ' areas. Fishing /Swimming In addition to the central access, accessways would also be provided to the water's edge in the northern portion of the park somewhat south of the boundary and in the south central portion of the park located a comfortable distance away from the boundary of the agricultural lands to the south. These accessways would offer access to the water's edge and sandy beach areas immediately appurtenant and would appeal to fi enthusiasffi and swimmers. Dog Park Due to increasing demand, a fenced site within the central portion of the k would be Bevel d for a d ark. Education A system of internal footpaths with interpretive displays would connect all of these areas and provide an opportunity for the public to learn about the natural habitat and local wildlife. In addition, schools will Gave access to the unique riparian and riverine habitat for field tri sand on-site school 'acts. ITEM NO: 10a MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF R.W. BECK PRELIMINARY DESIGN FOR HYDRO EXPRESS CIRCUIT On October 17, 2007 the City Council (Council) approved the Phase II portion of the Professional Engineering Services Agreement with R.W. Beck (Beck) which includes the design of a 12kV express circuit (a dedicated circuit without any customer load) from the Lake Mendocino Hydroelectric Power Plant to Gobbi Substation. Beck, with assistance and direction from Staff has developed a proposed route and conceptual design for the express circuit as shown in the attached presentation (see Attachment 1). Staff is seeking Council approval of this preliminary design in order to provide further direction to Beck for the detailed design. Staff recommends approval of the preliminary design for the Hydro Express Circuit as presented. RECOMMENDATION: Approve the preliminary design for the Hydro Express Circuit as outlined in the attached presentation. ALTERNATIVE COUNCIL OPTIONS: Redirect staff. FUNDING: Amount Budgeted None Account Number 800.5536.800.000 Additional Funds Requested None at this time. $1,000,000 (est. only) Citizens Advised: NA Requested by: Liz Kirkley, Electrical Distribution Engineer Prepared by: Liz Kirkley, Electrical Distribution Engineer; R.W. Beck Coordinated with: Pat Thompson, Interim City Manager; Mike Keller, Interim Electric Director Attachments: 1. Hvdro Exoress Circuit Preliminary Design Powerooint Presentation f~ f / Approved: \ .~lJf ~~i.G,~~-~- P'at'Thompson, Interim i~ tC ger ATTACHMENT__L___ a~ y ~ e r =,..+r. ~~~ L~ r V W a. x ~.1..~ 0 WI •^ AL W ~ N ~ ~C~ ~~ N N ~ O f6~ ~ ~ ~ ~ -0 Rj .~ f~ ~_ ~ '^ N C ~ U > O•~ 3N [t3Q OL-iV ~ .~ ~,,.~ L3c u~•^Non ~~ L~ Boa -~~~~~ +~ p a- r~ v N ~''Q ~O ~ O~ u= ~ci -o co Rs ~,~ c0~ U N~ ~ O ~Z ~7+U ~++0~ ~+ L-4J~ ~~O~N }'-~ NCO ,~,O;QO}' ti.~ LXE ~~-a•~•X v v 3 ~N ~ ~'>~ o c~ 20 a~.~ UN~~c~ ~ M C O a .~ .o O t7 L Y O Y V v m 3 Lt ~ V O ~' N ~--~ ~ N U t~ ~ u V ~ N ~ N ~ V C ~ ~ ~*-' i -D ~ ~ can c~ ~ ~ N ..- C ~ ~ N ~ O ~ N ~ ~ ~ ~ ~ O ~ a .~ i O a i N ~ fCS 4J O_ ~ O O .N N ~ ~ N O s_ -~ c6 ~ C O •.-' c6 ~ N V ~ O ~ ~ O ~ ~ ~ C O ~ U ~.. ~ ~ ~ _ .~ N W O N F- .~ i .~ V O ~L N L W O • r }.~ N ~ ~ ~ ~ O , ~ ~ ~~ ~ N ~~ O O ~ ~ ~ ~ a-+ ~ ~ O ~ ~ ~ ~ _ 'a ~ V'f N ~ O N Un RS ~ ~ V O V V . ' ~ c6 O .+- V fl- ~ ~ O O_ ~ ~ N N N v N ~ 3 ~ z C O L ro y/ N 9 7 0 t7 s Y O V s m 3 d • N M {}.. ~} 0 0 c ~ c ~- ~ o -p O cd Q .G ~ ~ a io O nL ~"~ W '~ a, o~ 4- J `~,~ L ~'d ~ ~ ~ U ~ 0 ~ ~ ~ •~ O ~ ~ N L ..+ Q~ v N ~~ ~- ~ IL w, is O a ~ r a o°. .F~ a~ i N L .~ r G T 'd Q ~ ~ ~ ~ ;, o .r ~ ~ C fl- d ~ W ~ a a 0 .~ .';.= t6 ~.~- Q _'~ .~ L N Q V ' [n L Q ~ v ~ ~ N C yam.. r .F.+ V N U ~ ~ ~ ~ U F O L.. L 0 y R N W rt5 0 U V v m 3 d O 0 0 0 r L pC v L iJ .1~ ~ ~ Qj O U a V ~.1J c 0 R N N 0 tJ L R s 0 C O y ro r N In D 0 L A y 0 T Y_ U ~' U C Y u N m ITEM NO: 10b MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: AWARD PROCUREMENT CONTRACT TO KUHLMAN ELECTRIC FOR A POWER TRANSFORMER FOR THE GOBBI SUBSTATION EXPANSION AND AUTHORIZE BUDGET AMENDMENT IN THE AMOUNT OF $1,250,000 FOR SAME. R. W. Beck has recently solicited proposals for the manufacture and delivery of a 115/12kV Power Transformer on behalf of the City. R. W. Beck received bids from six vendors with proposed contract prices ranging from $1,105,307 to $1,921,548. A copy of R.W. Beck's bid analysis in the form of a letter to the City's Purchasing Supervisor is provided as Attachment #1. R. W. Beck is recommending that the award of the procurement contract go to the lowest bidder, Kuhlman Electric Corporation in the amount of $1,105,307.00. Kuhlman is a respected manufacturer and their proposed transformer is also the lowest cost product when the evaluation includes the costs of losses over the operational lifetime of the transformer. And finally, Kuhlman is offering a very attractive delivery date of the transformer. Staff recommends Council approve the award of the 115k/12kV Power Transformer procurement contract to Kuhlman Electric Corporation. In addition, Staff requests Council approval a budget amendment in the amount of $1,250,000 using funds from the Electric Fund Balance to provide for the purchase of the transformer. RECOMMENDATION: 1) Approve the budget amendment for $1,250,000 and 2) Approve the award of the 115/12kV Power Transformer procurement contract to Kuhlman Electric Corporation in the amount of $1,105,307.00, and 3) Authorize the City Manager to execute the necessary documents. ALTERNATIVE COUNCIL OPTIONS: Redirect staff. FUNDING: Amount Budgeted From Account Number To Account Number Addit'I Funds Requested None 800 Fund Balance 800.3642.800.000 $1,250,000.00 Citizens Advised: NA Requested by: Liz Kirkley, Electrical Distribution Engineer Prepared by: Mike Keller, Interim Electric Director Distribution Engineer Coordinated with: Pat Thompson, Interim City Manager, David Rapport, City Attorney Attachments: 1. R. W. Beck letter to the City's Mary Horger dated April 9, 2008 with the subject line "Comparison of Bid Proposals for Gobbi Substation Power Transformer Procurement Contract No. 01236-P1. ~' ~ 7 Approved.. ~l~ ~-~f~~,u~-~vz~ Pat Thompson, Interim City Manager Attc,c:l ~ment # ~ April 9, 2008 Ms. Mary Horger Purchasing Supervisor City of Ukiah 411 West Clay Street Ukiah, CA 95482 Subject: Comparison of Bid Proposals for Gobbi Substation Power Transformer Procurement Contract No. 01236-P1 Dear Ms. Horger: A total of six bid proposals for Contract No. 01236-P1 were opened at 2:00 p.m. on March 26, 2008 in response to the eight requests for proposals issued to potential bidders. Detailed bid results and evaluated prices are shown in Exhibit B, attached. A summary of the bids received is contained in the following table: ITEM: 115-12 kV Virginia 20!26.6!33.3//37.2 MVA GE Siemens Waukesha Delta Star Kuhlman Transformer Power Xfmr A-1 Unit Price $1,762,556.00 $1,297,000.00 $],496,200.00 $],329,964.00 $1,105,307.00 $(,125,300.00 Adjustments N/A $1Q,000.003dB N/A N/A N/A $51,300.00 sound reduction 5-yr warranty Taxes $132,191.70 $97,275.00 $112,215.00 Included Included $84,397.50 Spare Parts $26,800.00 $18,410.00 $0.00 Included Included $10,100.00 Total Contract Price $1,921,547.70 $1,422,655.00 $1,608,415.00 $1,329,964.00 $1,105,307.00 $1,271,097.50 Total Losses $314,500.00 $346,500.00 $375,900.00 $374,900.00 $366,980.00 $402,700.00 Total Evaluated Price $2,236,047.70 $1,769,185.00 $1,984,315.00 $1,704,864.00 $1,472,287.00 $1,673,797.50 All proposals included requested pricing data and signatures. Deviations included: • The Waukesha proposal did not include the bid form required. • All proposals included exceptions and alternatives to the terms and conditions. • VA Transformer did not include the 5-year warranty in the base price. • Kuhlman provided alternative pricing data for an alternate delivery date. • Kuhlman offered an early ship date, but rejected liquidated damages. • VA Transformer, Waukesha, Siemens, and GE did not include taxes. • VA Transformer, Waukesha, Siemens, and GE did not include the spare parts required. GA013086A07-00446-01236 UKIAH- CIP IMPROVEME\WOrk ProductsVContractsV01236-PIA01236-P1 Bfd Eval Lcttcr doc 131 Mir Parkwey, Suite 300 Hendersonville, TN 37075 Phone (615) 431-3200 Fax (615) 824-7570 Ms. Mary Horger April 9, 2008 Page 2 From a technical engineering standpoint, the proposals appear to be in compliance with the specifications of the Contract Documents, with the following exceptions: 1. Kuhlman and Delta Star took exception to the Nitrogen generator. Both proposed a positive pressure tank system. According to our investigation, the generator system has experienced Feld issues. 2. GE proposes a Hydran instead of the Serveron gas monitoring system. 3. GE proposes Beckwith Tap changer control. 4. Delta Star proposes an alternate Serveron gas monitoring system. 5. VA Transformer proposes an alternate Transformer Information Monitor to the Xfmr IQ device specified. All proposals did include a number of clarifications, exceptions and deviations to the bid documents. [n the Engineer's opinion, in consideration of current market conditions and other relevant technical factors, these clarifications, exceptions and deviations are non-material deviations from the bid requirements. The Engineer recommends acceptance of these non- material deviations and negotiation of the deviations that materially affect the contract. We recommend that your legal counsel review the proposals for legal adequacy, and that you consult your insurance and business advisors regarding the adequacy of the proposals relating to such matters. Assuming the proposals are found to be adequate with respect to these items, we recommend that Kuhlman Electric Corporation be designated the low, responsive bidder for the 115-12 kV 20/26.6/33.3//37.2 MVA Power Transformer, and that the Procurement Contract No. 01236-P1 be awarded to Kuhlman in the amount of $ 1,105,307.00. [f this meets your approval, please sign the attached Notice of Award and return it to us. Once we have received the signed Notice of Award, we will issue the final contract. Please call me at (615) 431-3226 if you have any questions or comments. Sincerely, R. W. BEQCK, INC. ~ ~,J(~, P. Anthony Hanson, P.E. Project Manager PAH:vc Enclosures G:\013086\07-00446-01236 UKIAH- CIP IMPROVEME\Work Products\Comreets\01236-P1\01236-PI Bid Eval Letter.doc 131 Mir Parkwn y, Suite 300 Hendersonville, TN 37075 Phone (615) 431-3200 Fax (615) 824-7570 Ciry of Ukiah Gobbi Substation -Power Transformer Procurement Contract ISo. 01236-P1 Exhibit B--Bid Evaluation Long Form Aux Cosset 51,000 00 No Load Losses=510,000 00 ]gad Losses= 53,000 00 ITEM"A",QTY.] IIS-12 kV 20R6/J3.3/J).2 MVA POW ER TRANSFORMER CE SIEMENS POWER T&D WAUKF.SHA DELTA STAR KL'HLMAN ELECTRIC (2008 delivery) KIIHhMAN ELECTRIC (2009 delivery) VIRGINIA TRANSFORMER A-1 Unit Price 51,]65,«6.00 51,391,000.00 E1A96,200.00 EI}59,964.00 51,105,30).00 51,181.531.00 81,125}00.00 Optionl Price-PRI OiI N/A N/A 56895000 589,80900 E80,699.W 58069900 N/A Op[ion2Rice-3dB reduUion in sound Seme as base prize 810000 Op Same ac base price Snme as base price Seme ac base price Same as bate price Same as base price S Yx warranty Adder Included Included Included Included Included Included 551 100.00 Taxes []5 %of A-I Dnll price) SIIZ,191.]0 59],2]5 QO 5112,21500 Included Ineludea Included 584]9950 Spare P¢Ra (Line Item 94 below) 525 BOO O0 $18.410 p0 Included Included Included SIQIp0.p0 Total C9ntna Prin (A-1 UUH Price tOpbon 2aW errenty tLxeH$ an Parig 51.921,540.]0 51,422,685.00 E1,608,415.U0 $I}59,964.00 %1,105}0].00 E1,181,531.UU 81,3>1,091.50 Total Losses (Line llem 206elaw) 5314,&00 o0 5346,50000 53]5,90000 $J 9490000 5366,98000 5366,980 o0 5402,]00.00 Tolel EValmted Pritt (COnlrn[t Prim a Lm ea) E2,2M,04Z]U 51,]69,18<.00 51,984}15.00 $1.]04,864.00 51,4]2,28].00 EI f48 [I L00 $1.6]J.]9].50 Exha Spare Parts Slsppp_Hydren M-2 inlPi enl hantmihCr duxillary Losses 5350000 53,Sp000 &1600.00 SI 800.00 $800000 SV 000.00 53.20U.pp N91.oad LOSS S20Q000.00 5160,00000 Sl'Y1,OpOpp E19~0Upp0 $140.80000 Sl4Q8p00p 519250000 Load hors &11100000 &183,00000 5195,3 W.p0 EI"IG,IOp,00 5222.18000 5222,180.00 520],00000 Total Losses 5314,500.00 5346,50000 53'15900.00 $3]4,9V0 DO 5366,98000 5366,980.00 54029W.00 Wananry Syear Syear Syeer Svear Svcar Sveer Syeer Gquidawd Damages Aeenpted Accepted Accepted Not accepted Not accepted Delivery. ASemblyBTertinS 4/152UU9 4&Sp weeks ARO 42-0g weeks ARO 4/152009 Dec-08 Mar-09 3244 weeks Drawings 36-3B weeks 16~Ig weeks 12-16 weeks 28-34 weeks 10 weeks prior to shipment IO weeks peiorm shipment j$-02 weeks Bid Validity Period ID de5s 45 days l0 davs l0 davs 30 days Escnamrs No Yes Pav ant Temns 50%ateme 9f order Progre Pr95res ProSres Pro5re progre Ru5res transformer Manuhcmrer GS Pmlec Siemens Delta Star Kuhlman Kuhlmw VA Rfinr Ship oil, nlnogcn, ordry av fJled Drv AU Dry Air Dry.4ir Ury Air pry Alr Dry Air Dry Air Pans removed for shipment 0usbings. arresmrs, radiators. ]'ans. LV termination cabins and es ac Bushings, arresters, radiarors. fans, oil ~ Ings, Bush fansrodiators. Bushings, arresteq 8 arrestor brazkets, taammr,. fans, nd Bushin Ss, es ers rr orb tickets, adiatnra. rans.9il Bushings, arresters. radiators. fans. oil. xfmr mommy tvtam Method o[shipment Truek Tmck Tmck Tmck Tmck l'md Truck Nearest Regan Fanliry Anaheim, CA C anajuato, Mexico San Carlos, C1.4 Cmtal Springs. MS Crvstel Springs, MS Pocatello ID Nearest Service Engineer Anaheim, CA la<kson. TR San Carlos, CA Crvsfal Spnngs, MS Crystal SprinSS. MS Pocatello, IU Manufa<wring Facility Apodaca, Mexico Guanaluato. Mexco Waukesha, WI San Carlos, CA Crystal Springs. MS Crustal Spnn55, NS Pocatello. ID LTC make and model Reinhausen RMV-ll MR Relnhausen RMV-II Reinhausen RVNZE00 Remhausen RMV-11- 2000L9 Rcinhausen RMV-11- 2000-69 Remhausen RS1Y'-II- Ispp LTC'tvpe Vacuum RMV-II Vacuum Vacuum Vacuum Vacuum Fs9e Irons p DW Sat complete our bid form et oil' Minor No N2 genetimr No N2 generamr No XfmrlQ device Nc Load Losses- 20 I6 I9J 19.J 1408 14.08 1925 Total Losses= 5] ]) 82% 0840 8813 88.14 88.25 Aux Losses- 35 3.5 3G IR 40 4U 32 Assembled, Oil Filled Weight Qbg 191590 155.000 158,850 ISa pUU 146 fl00 14d BW 14548] Core And Coil WCight (Ibsj 68,6]0 62,000 59,6W 66600 54,500 54500 50]45 Tank and FirzinSS Weight 49,300 45,000 41500 40.300 40,]00 40,]00 J6,]4z Od Weight (Iba) 53620 49,000 5'1,]50 4],100 4Y,600 49600 54,000 Dim e HeiSht (Bj. 180 1"1.1 183 I].9 105 R5 19A Width (R). 251 250 200 19b 184 18.4 191 Uc th (ftf. I ] 9 125 15.8 15.8 15 9 If.9 I3 5 HwKM overwver (hp 126 119 13.3 119 129 129 IIJ olmpedance 869% 86]% 86'1°0 890% 869 8,69 Bb]°% SPARE PART xv Bnanin s2ppp pp ss.zoo oo sppp so po sooo a6,o]s oo Nwnat sassing aROOO.op sl6oo oo sppp by ansnmg sa ooooo sl aoo oo soao ao oo so pp sz,5oo no Gasket set (p $z.500D0 SI IVO OO EODO Eo oo so pp C9mects & cods (p 51 =soon 50.00 Pressure Ve<uum (rzuge SI GUOOO ' Oil and Winding Temperaturelndicafor I l - SI SUU 00 of - - Rewmmended-Pxn EI 100D0 &]5000 $0.00 50.Up 5122500 Rewmmwded-Nnmgen bonle 5650 00 Recommended--T000M1-up paint 560 Uo Recommended-IN Arressmr $2100.00 80.00 EO Op Rewmmended--LV Arr¢s[9r 5600.00 SU.Op $000 Torel fors ere Pans 52Q800.00 518.410.00 5000 s000 50.00 4000 SIQIOppO SECTION 00510 NOTICE OF AR'ARD DATE: April 16, 2008 TO: Kuhlman Electric Corporation 101 Kuhlman Ave Versailles, KY 40383 Attention: Erin Carpenter PROJECT: Gobbi Substation BUYER'S CONTRACT NO.:01236-P1 CONTRACT FOR: Substation Power Transformer You are notified that your Bid, dated March 26, 2008, for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for one (1) 115-12 kV 20/26.6/33.3//37.2 MVA Substation Power Transformer with LTC, as specified, including delivery F.O.B. to Buyer's foundation, spare parts, and taxes, as well as the expenses and special services of a Service Engineer to perform field services as specified for the Gobbi Substation, including unloading, assembly, testing, and certification that transformer is ready for energizing. The Price of your contract is as follows: One million, one hundred five thousand. three hundred seven and 00/100 Dollars ($1,105.307.00) (Use words) (Use figures) The deadline for delivery of equipment is December 1, 2008. Copies of the proposed Contract Documents will follow this Notice of Award after compliance with the following conditions within 15 days of the date of this Notice of Award, which is by May 1, 2008: You must deliver the Performance and Payment Bonds in accordance with the General Conditions. 2. You must deliver to the Engineer a delivery schedule indicating the dates and contents of each shipment. 3. You must deliver the Insurance Certificates as evidence of insurance coverage required by General Conditions. 4. You must deliver proof of having obtained a valid City of Ukiah Business License. PROIECTN0.01236-PI/ORIGINAL 00510-1 NOTICE OF AWARD TO: Kuhlman Electric Corp. Notice of Award Page 2 Failure to comply with these conditions within the time specified will entitle Buyer to consider your bid abandoned and to annul this Notice of Award. Within 10 days after you comply with those conditions, the Buyer will provide copies of the Agreement and Contract Documents for your execution. City of Ukiah (Buyer) By (AUTHORIZED SIGNATURE) (TITLE) Copy to Engineer (Use Certified Mail, Return Receipt Requested) PROJECT NO. 01236-PI/OR[GINAL 00510-2 NOTICE OF AWARD ITEM NO: 10c MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF ADDENDUM #2 TO THE AGREEMENT WITH WESTIN FOR A TIME EXTENSION TO ADDENDUM #1 AND ADDITIONAL CONTROL WORK FOR THE LAKE MENDOCINO HYDROELECTRIC POWER PLANT BACKGROUND: On February 20, 2008 the City Council (Council) approved Addendum #1 to the Professional Services Agreement with Westin Engineering for work at the Lake Mendocino Hydroelectric Power Plant (Hydro Plant). Addendum #1 was for Programmable Logic Control (PLC) work to be performed after Unit #1 was online and higher flows through Coyote Dam were available but prior to December 31, 2008. In a subsequent meeting Staff informed Council that higher flows most likely would not be available until the next calendar year. Since Addendum #1 will expire before the work can be performed, Council directed Staff to obtain a time extension to the addendum through 2010. Westin has provided Staff with a time extension to Addendum #1 that meets Council's request. Staff has also identified additional PLC work required for the Hydro Plant. All of this work has been identified as Addendum #2 (see Attachment 1). Staff is recommending that Council approve Addendum #2 to the Westin contract for the time extension requested by Council and to include additional work identified by Staff. RECOMMENDED ACTION: Approve Addendum #2 to Westin Contract for an extension and additional PLC work and authorize City Manager to sign same. ALTERNATIVE COUNCIL OPTIONS: Re-direct staff. FUNDING: Amount Budgeted Account Number Additional Funds Reauested $50,000 800.5536.250.000 None Citizens Advised: NA Requested by: Liz Kirkley, Electrical Distribution Engineer Prepared by: Liz Kirkley, Electrical Distribution Engineer Coordinated with: Pat Thompson, Interim City Manager; Mike Keller, Interim Electric Director; David Rapport, City Attorney Attachments: 1. Addendum #2 with Westin for Additional Work at Lake Mendocino Hydro. /; Approved:---,/C~ ; j~ -- Pat Thompson, Interim ity Manager Attc,c;l-~ment # LAKE MENDOCINO HYDROELECTRIC POWER PLANT PROGRAMMABLE LOGIC CONTROL ADDENDUM #2 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Addendum, entered on April 17, 2008 ("Effective Date"), revises the Agreement dated February 11, 2008, between the City of Ukiah ("City") and Westin Engineering, Inc., ("Westin") for Professional Consulting Services relating to the Programmable Logic Control for the Lake Mendocino Hydroelectric Power Plant ("Westin Contract"). Except as expressly amended by this Agreement, all other terms and conditions of the Westin Contract remain unchanged and in full force and effect. 1. Pursuant to Section 2.2 of the Westin Contract, the scope of services is expanded to include the services described in Attachment C, which is attached hereto and incorporated herein by this reference. 2. Section 4.4 is revised to adding the following: "Consultant estimates that the scope of work described in Attachment C can be completed in a total of four (4) days plus two (2) days of contingency. IN WITNESS WHEREOF, the parties have executed this Addendum #2 to the Westin Contract on the Effective Date: CONSULTANT BY: PRINT NAME: IRS IDN Number CITY OF UKIAH BY: Pat Thompson INTERIM CITY MANAGER ATTEST Linda Brown CITY CLERK Date Date Date t.sgoa Ms. Elizabeth A. Kirkley Electrical Distribution Engineer City of Ukiah 411 West Clay Street Ukiah, CA 95482 o• Westin ' °E Subject: Updated Proposal to Provide Commissioning Support Services for Lake Mendocino Hydro Plant Unit 1 Control System Dear Liz: Westin Engineering, Inc., (Westin) is pleased to submit our updated proposal for commissioning support services far testing the Lake Mendocino Hydro Plant Control System for Unit 1 under high flow conditions. In addition to the Unit 1 testing, Westin will perform further tests for Unit 2 for flow conditions in excess of those previously tested. The Scope of Work for this proposal covers the following activities: 1. Testing and tuning the flow control programs and graphics 2. Testing and tuning the load control programs and graphics 3. Testing and tuning the coordinated control of all three control valves Westin's scope is limited to control system testing and modifications to enable proper operation. We understand that the City will provide staff to investigate and resolve any issues with the turbines, generators, valves, electrical systems or other plant equipment. The first three items listed above were authorized by the City in March. In addition the City has now requested we provide the following scope of work: 4. PLC work for the new thrust bearing cooling system for Unit 1. Construction of the new cooling system will be completed in April 2008. We envision this to be a one day effort when combined with item 5 below. 5. PLC work for Unit 1 testing at current flows for when the new cooling system comes on line. 6. Additional time to prepare the Test Plan for the scope in items 1, 2 and 3 above which is Attachment B of the existing contract. The Test Plan will be completed in the next few weeks. 7. Review the Lake Mendocino Hydro Operations Plan being prepared by Mead and Hunt. 8. Configure the PLC and HMI to add an alarm contact and associated database point and graphics for the smoke detection system. In addition to the items requested by the City, we suggest the following: 9. During our eadier work at the plant, we observed the potential need for additional monitoring and alarming of the generator ramp rates. We recommend that the City include programming and services to implement these features. 10. We recommend the City include a 2 day contingency amount to be used on an as directed basis. City of Ulciah Lal<c MenAocino Unit 1 Commissioning 1 Westin Proposal Na. POB-11f1 Rev. 1 ®. April i, 2888 Westin `.,o: Schedule Westin understands that the City wishes to begin this work when Unit 1 is available for testing and when the necessary high flows can be authorized. We understand the flow conditions may not be appropriate until later in 2008 or beyond. Westin is prepared to start work with 2 weeks notice and in alignment with the timing of work by others as follows: • We will perform Items 4 and 5 as part of a single, one day, plant visit as soon as we are advised that the cooling system construction is complete • We will complete the Test Plan no later than mid May, 2008. • We will review the Operations Plan within one month of receipt from the City. • We will configure the smoke detection functionality and generator ramp rate monitoring as part of a single, one day, plant visit. Cost Estimate Westin proposes to do the above work on a lump sum basis based on a daily rate of $1,500. This rate includes our engineering services fees and associated travel costs. In overview, we are proposing the following additional fee: • One day for cooling system and Unit 1 testing at current flows. • One day for preparing the Test Plan • One day for reviewing the Operations Plan • One day for implementing the smoke detection and generator ramp rate additions • Two days of contingency for work on an as-directed basis. Our proposal is valid through the end of 2010 subject to an annual escalation rate of 4% per year ($1,560 in 2009 and $1,623 in 2010). Staffing Westin will assign Dewitt "Dewey" Smith, P.E. to complete this work. Thank you for the opportunity to work with the City of Ukiah. If you have any questions, please call me at (916) 852-2121 ext. 3043. Sincerely, ~~-~~ Dean F. Schoeder Director of Engineering cc: Luai Bseiso -Westin Dewey Smith -Westin City of Ukiah Lake Mendocino Unil7 Commissioning Westin Proposal No. P88-118 Rev. 1 ITEM NO: 10d MEETING DATE: April 16 2008 AGENDA SUMMARY REPORT SUBJECT: APPROVE NORTHERN CALIFORNIA POWER AGENCY OPERATING AGREEMENT FOR THE LAKE MENDOCINO HYDROELECTRIC POWER PLANT IN THE AMOUNT OF $500,000, ASSOCIATED RESOLUTION AND BUDGET AMENDMENT IN THE AMOUNT OF $488,000. In April 2007 the City of Ukiah's (City) Lake Mendocino Hydroelectric Power Plant (Hydro Plant) refurbishment project was completed and began operation. During the course of the refurbishment project Northern California Power Agency (NCPA) provided assistance to the City through a Single Member Service Agreement (Refurbishment Agreement). And since the Hydro Plant began operation NCPA has been providing scheduling and dispatch services for the plant. With the completion of the refurbishment project the Refurbishment Agreement is complete and should be terminated. However, there exists a need for NCPA support for ongoing operations and maintenance of the Hydro Plant as well as continued scheduling and dispatch services. NCPA was asked to develop a replacement Single Member Service Agreement (O&M Agreement) that will provide O&M support of the Hydro Plant for the next few years. The scope of services for this O&M Agreement (see Exhibit A to the O&M Agreement) identifies broad categories of work but except for the already budgeted Hydro Plant scheduling and dispatch services at $12,000 per year, the specific tasks required are unknown and therefore time and cost proposals cannot be established. In order to address these unknowns but still develop a contractual basis for providing the O&M support for the Hydro Plant NCPA has proposed that the O&M Agreement allow for written task assignments from the City developed at the time when the individual tasks can be identified detail and accurate cost estimates developed and agreed upon in writing before the work proceeds. NCPA and the staff also recommend that the sum of all tasks not exceed $500,000. RECOMMENDATION: 7) Approve the attached NCPA Operating Agreement and Authorize the City Manager to execute the Agreement. 2) Approve the associated resolution, and 3) Approve a Budget Amendment in the amount of $488,000. ALTERNATIVE COUNCIL OPTIONS: Redirect staff. FUNDING: Amount Budgeted From Account Number To Account Number Additional Funds Reauested $12,000 800 Fund Balance 800.5536.250.000 $488,000 Citizens Advised: NA Requested by: Liz Kirkley, Electrical Distribution Engineer, NCPA Prepared by: Mike Keller, Interim Electric Director Coordinated with: Pat Thompson, Interim City Manager Attachments: 1. NCPA Operating Agreement f p NCPA o eery cxuvenxin vawee mervn Attc.c;t}ment # OPERATING AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND CITY OF UKIAH This Operating Agreement ("Agreement") is made by and between the NORTHERN CALIFORNIA POWER AGENCY ("NCPA"), a joint public powers agency with offices located at 180 Cirby Way, Roseville, California and the City of Ukiah a, municipal corporation, with offices located at 300 Seminary Avenue, Ukiah, CA ("Contracting Member") (together sometimes referred to herein individually as "Party" and collectively as "Parties") as of , 2008 (the "Effective Date") in Roseville, California. Section 1. RECITALS This Agreement is entered into based on the following facts, among others: 1.1 NCPA is a public agency created by a joint powers agreement established under California law for the purpose of assisting its members in the efficient use of their common powers. 1.2 Contracting Member is engaged in, among other things, transmitting and distributing electric power in Ukiah, California. Contracting Member is also a member of NCPA. Contracting Member desires that NCPA provide Contracting Member with the services described in this Agreement. 1.3 Article III, section 3 of the "Amended and Restated Northern California Power Agency Joint Powers Agreement" (as amended and effective January 1, 2008) (hereinafter "JPA") entitled "Powers and Functions" provides that none of the debts, liabilities or obligations of NCPA shall be the debts, liabilities or obligations of any of the members of NCPA unless assumed in a particular case by resolution of the governing body of the member to be charged." Notwithstanding the foregoing, Article V, section 1 of the JPA entitled "General Provisions' provides that "[t]he governing Commission of NCPA is authorized to procure public liability and other insurance as it deems advisable to protect NCPA and each of the parties hereto, charging the cost thereof to the operating costs of NCPA." 1.4 Contracting Member desires to secure NCPA's Services under this Agreement in a manner that balances its interests and the interests of other NCPA members with the ongoing financial viability and professional responsibilities of NCPA. Accordingly, Contracting Member desires to secure NCPA's Services under this Agreement by accepting a limited insurance based recourse against NCPA, with the option of procuring additional insurance at Contracting Member's sole expense, thereby insuring that NCPA will substantially limit its risk for the provision of such Services which, in turn, allocates risks back to the Contracting Member in the event NCPA is not adequately insured. NOW,THEREFORE, in consideration of the mutual covenants and promises set forth, NCPA and Contracting Member agree as follows: 10303945 REDLINH BASFD UPON SUBCOMMITTBF_ CONFERLKCP, CALL OF 1 /4/O$ Section 2. DEFINITIONS Whenever used in this Agreement with initial capitalization, these terms shall have the following meanings as applicable, whether in the singular or plural: 2.1 "NCPA Members" shall mean the signatories to the JPA or those agencies which have executed an Associate Member Agreement with NCPA. 2.2 "Stranded Costs" shall mean all costs incurred by NCPA in providing Services to Contracting Member under this Agreement that could not reasonably be avoided by NCPA from the date it receives a written Notice of Termination. Such costs may include, but not be limited to, salary and employment costs, rent, utilities, or contracts incurred to provide Services under this Agreement. 2.3 "Uncontrollable Force" shall mean any act of G-d, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities or any other cause beyond the reasonable control of the Party claiming Uncontrollable Force which could not be avoided through the exercise of good utility practice. Section 3. SERVICES TO BE PROVIDED; AUTHORIZED REPRESENTATIVES 3.1 This Agreement is entered into by the Parties in order for NCPA to provide services to Contracting Member for the services described in Exhibit A hereto ("Services'). 3.2 The following are the Authorized Representatives of the parties for contract administration purposes under this Agreement: Ken Speer Assistant General Manager Phone: 916-781-4201 Fax: 916-783-7693 Email: ken.speer@ncpagen.com Liz Kirkley Electrical Distribution Engineer Phone: 707-463-6298 Fax: 707-463-6740 Email: ekirkley@cityofukiah.com No Authorized Representative is authorized to amend any provision of this Agreement except in accordance with Section 9.16. 3.3 Authorization to Perform Services. NCPA is not authorized to perform any Services or incur any costs whatsoever under the terms of this Agreement until its receipt of a written resolution and/or other appropriate/applicable authorization from Contracting Member's governing body confirming Contracting Member's authority to enter into this Agreement and confirming that 1030394-5 REDLINE BASED UPON SUBCOMMIT'CEE CONFERFNCH CALL OF I /4/O$ the Contracting Member has allocated funds for and approved contract payments to NCPA under this Agreement. In addition, NCPA shall not perform any service unless it receives separate written authorization for each of the services so requested. Upon receipt of a written request from Ukiah, NCPA will provide assistance to identify the scope of work involved and an estimate of costs for each of the services to enable Ukiah to prepare a task authorization. NCPA will exercise reasonable efforts to perform services requested by Ukiah within the time and cost estimated. NCPA will notify Ukiah of its actual cost upon completion of the authorized task. Section 4. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall begin on the Effective Date. This Agreement maybe terminated by either party upon 30 days written notice ("Notice of Termination"). Contracting Member shall pay NCPA for all fees and costs required under this Agreement through the effective date of its Notice of Termination plus all Stranded Costs. Upon payment of the above amounts, neither Party shall have any further obligations under this Agreement except as otherwise set forth in Section 5.7 regarding the survival of defense and indemnity obligations. Section 5. INDEMNITY AND INSURANCE 5.1 Limitation of NCPA's Liability. 5.1.1 Except as provided in this section 5.1, NCPA shall not at any time be liable for any injury or damage occurring to Contracting Member or any other person or property from any cause whatsoever arising out of this Agreement. Furthermore, NCPA shall not be liable for any fines, penalties, administrative charges, fees or any form of damages imposed by any federal or state governmental or regulatory agency in conjunction with the performance of services requested by Ukiah arising out of this Agreement. 5.1.2 The provisions of section 5.1.1 shall not apply where the injury or damage occurring to Contracting Member is caused by the negligence of NCPA or of any employee, agent or contractor of NCPA, and provided that any liability under this subsection is limited to the extent of the actual coverage and coverage limits of the insurance policies described in this Section 5. 5.1.3 Contracting Member Liable for NCPA's Deductibles. Notwithstanding Section 5.1.2 above, the Contracting Member agrees to reimburse NCPA for all deductibles payable for any claim, liability or damage arising out of this Agreement. 1030394-5 REDLINE BASED L'POK SUBCOMMITTEE CONFERENCE CALL OF 1 /4/O$ 5.2 Indemnification of NCPA. Except as specified in Section 5.1.2 above or as further provided in this Section 5.2, Contracting Member shall, at its sole cost and expense, indemnify and hold harmless NCPA and all associated, affiliated, allied, member and subsidiary entities of NCPA, now existing or hereinafter created, and their respective officers, boards, commissions, and employees (hereinafter referred to as "Indemnitees"), from and against any and all liability, obligation, damages, fines, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees arising out of this Agreement. However, Contracting Member shall not be obligated to indemnify an NCPA employee performing services on behalf of NCPA pursuant to this Agreement against liability for punitive damages. In addition, Contracting Party may refuse to provide for the defense of a civil action or proceeding brought against an NCPA employee or former employee for a claim arising out of that employee's provision of services on NCPA's behalf under this Agreement, if the Contracting Party determines any of the following: (1) The act or omission giving rise to the claim was not within the scope of his or her employment. (2) He or she acted or failed to act because of actual fraud, corruption, or actual malice. (3) The defense of the action or proceeding by the Contracting Party would create a specific conflict of interest between the Contracting Party and the employee or former employee. For the purposes of this section, "specific conflict of interest" means a conflict of interest or an adverse or pecuniary interest, as specified by statute or by a rule or regulation of the Contracting Party. 5.3 Defense of Indemnitees. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Contracting Member shall, upon reasonable prior written notice from any of the Indemnitees, at Contracting Member's sole cost and expense, resist and defend the same with legal counsel selected by the Contracting Member. Indemnitee shall not admit liability in any such matter without express written consent of the Contracting Party. If the Indemnitee refuses to approve any compromise or settlement of any claim being defended by the Contracting Party, the Indemnitee shall assume the defense of the claim and the Contracting Party shall be released from any further obligation to indemnify or defend the Indemnitee against the claim. The Contracting Member's duty to defend shall begin upon receipt of a written notice identifying with specificity the allegations that give rise to this duty to defend. 5.4 Notice. The Parties shall give each other prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 5. 5.5 Insurance. During the term of the Agreement and prior to beginning any work under this Agreement, NCPA shall maintain, or cause to be maintained, in full force and effect, and at its sole cost and expense, the following types and limits of insurance: 5.5.1 Workers' Compensation. NCPA shall maintain, or cause to be maintained, Statutory Workers' Compensation Insurance and Employer's Liability Insurance 1030394-5 REDLINE BASED UPON SUBCOMMITTEE CONPERHNCE CALL OF I/4/O$ meeting applicable statutory requirements and employer's liability insurance with minimum limits of Two Million Dollars ($2 M). 5 5 2 Commercial General and Automobile Liabilitv Insurance. NCPA shall maintain, or cause to be maintained, commercial general and automobile liability insurance for the term of this Agreement in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability and independent contractor's liability. Such coverage shall also include, but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles in use by NCPA, its employees, agents and contractors, with personal protection insurance and property protection insurance to comply with the provisions of state law. 5 5 3 Professional Liabilitv Insurance. Not Required for this Agreement 5 5.4 All Policies Requirements. (a) Named Insureds. All policies, except for worker's compensation policies and professional liability policies If such endorsements are not available, shall name Contracting Member and its respective officials, officers, employees, agents, contractors and volunteers as additional insureds (hereinafter "Additional Insureds"), and shall provide primary coverage with respect to Additional Insureds. Each policy that is to be endorsed to add Additional Insureds hereunder shall contain cross- liabilitywording as follows: "In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy sha11 cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder." (b) Verification of coverage. Prior to beginning any work under this Agreement, NCPA shall provide Contracting Member with complete certified copies of all policies, including complete certified copies of all endorsements. (c) Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all Insurance obtained In accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Contracting Member. 1030394-5 REDLIFE BASED UPON SUBCONMITTF. F, CONEEREn'CF CALL OF 1 /4/OS (d) Insurance Companies. All insurance shall be effected under valid and enforceable policies, insured by admitted California insurers or surplus line carriers on the State of California Insurance Commissioner's approved list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company. (e) Contractors. NCPA shall require that each and every one of its contractors and their subcontractors who perform work related to this Agreement to carry, in full force and effect, all insurance coverages of the type in which NCPA is required to obtain under the terms of this Agreement. (f) Self-Insurance. The insurance requirements of this paragraph may be met by self insurance and self insurance pools, which are authorized by and operated in compliance with California Law. (g) All policies, other than those for worker's compensation and professional liability shall be written on an occurrence and not on a claims-made basis. (h) The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. (i) To the extent endorsements waiving subrogation are available to it, NCPA shall, with respect to the insurance which it is required to maintain or cause to be maintained pursuant to this Agreement, cause its insurers to issue an endorsement providing a waiver of subrogation rights as to Contracting Member. 5.6 Contracting Member's Acknowledgment of Option to Secure Additional Insurance. The Contracting Member acknowledges the limitations on NCPA's liability to the Contracting Member under this Section 5 and that the Contracting Member may need to purchase additional insurance of its own to cover the additional risks and the potential additional liabilities it is assuming under this Agreement. Contracting Member agrees that it will, with respect to any additional insurance it obtains or which is otherwise available to Contracting Member, cause its insurers to issue an endorsement providing a waiver of subrogation rights as to Intlemnitees. 5.7 Survival of Obligations. The defense and indemnity obligations of Section 5 shall survive the termination of this Agreement. Section 6. CHARGES AND RESERVES 6.1 Char es. Contracting Member shall reimburse NCPA for its actual cost of providing services under this Agreement. Such costs may include its 1030394-5 REDLINE BASED UPON SLECOMMIT7£E CONFERENCE CALL OF 1/4/0$ actual personnel costs, including salary and benefits, of NCPA employees performing services under this Agreement, actual expenses, including for contractors (provided the contractors have been approved by the Contracting Member) and direct and indirect overhead, all charged in accordance with OMB Circular A-87. Charges for the Services provided hereunder shall not to exceed $500,000 6.2 Security Deposit. Contracting Member shall maintain on deposit in its General Operating Reserve Account held at NCPA the sum of _Five Hundred Thousand ($ 500,000_) as security to NCPA for liabilities NCPA could incur under this Operating Agreement. Contracting Member hereby authorizes NCPA to reserve and commit this sum in its General Operating Reserve Account for the payment of the aforementioned liabilities should same become necessary. Interest on monies held by NCPA pursuant to this section shall be credited in accordance with the then standard practices of NCPA relating to the General Operating Reserve Account. Section 7. BILLING AND PAYMENT 7.1 As part of its "All Resources Bill", prepared in the usual and ordinary course of business, NCPA shall render a monthly billing to Contracting Member for all charges incurred by Contracting Member hereunder. Contracting Member shall pay such bill within thirty (30) calendar days of the due date indicated on the bill. Any amount due on a day other than a business day, i.e., any day except a Saturday, Sunday, or a Federal Reserve Bank holiday, may be paid on the following business day. 7.2 If all or any portion of a bill is disputed by Contracting Member, the entire amount of the bill shall be paid when due, and NCPA'S Authorized Representative shall be concurrently provided written notice of the disputed amount and the basis for the dispute. NCPA shall reimburse any amount determined to have been incorrectly billed, within ten (10) days after such determination. 7.3 Amounts which are not paid when due shall bear interest computed on a daily basis until paid at the lesser of (i) the per annum prime rate (or reference rate) of the Bank of America NT & SA, or its successor, then in effect, plus two per cent (2%) or (ii) the maximum rate permitted by law. The provisions of this Section 7 shall survive expiration of this Agreement until satisfied. 7.4 The address to which invoices shall be sent is: City of Ukiah Electric Utility 411 W. Clay Street Ukiah, CA 95482 Section 8. UNCONTROLLABLE FORCES 1030394-5 REDLINE BASED UPON SUBCONNITTEE CONFERENCE CALL OF I /4/08 8.1 Obligations of the Parties, other than those to pay money when due, shall be excused for so long as and to the extent that failure to perform such obligations is due to an Uncontrollable Force; provided, however, that if either Party is unable to perform due to an Uncontrollable Force, such Party shall exercise due diligence to remove such inability with reasonable dispatch. Nothing contained in this Agreement shall be construed as requiring a Party to settle any strike, lockout, or labor dispute in which it may be involved, or to accept any permit, certificate, contract, or any other service agreement or authorization necessary for the performance of this Agreement which contains terms and conditions which a Party determines in its good faith judgment are unduly burdensome or otherwise unacceptable. 8.2 Each Party shall notify the other promptly, by telephone to the other Party's operating personnel and Authorized Representative identified in Section 3.2, upon becoming aware of any Uncontrollable Force which may adversely affect the performance under this Agreement. A Party shall additionally provide written notice in accordance with Section 9.8 to the other Party within 24 hours after providing. Each Party shall notify the other promptly, when an Uncontrollable Force has been remedied or no longer exists. Section 9. MISCELLANEOUS PROVISIONS 9.1 Attorneys' Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 9.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sacramento or in the United States District Court for the Eastern District of Califomia. 9.3 Severabilitv. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable by federal or state statute or regulation, but the remaining portions of the Agreement can be enforced without failure of material consideration to any Party, then the remaining provisions shall continue in full force and effect. To that end, this Agreement is declared to be severable. Provided, however, that in the event any provision is declared to be invalid, void or unenforceable, either Party may terminate this Agreement upon 10 days written notice given within five (5) days of receipt of notice of final entry of judgment. 9.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 9.6 Use of Recycled Products. NCPA shall endeavor to prepare and submit all reports, 1030394-5 RF_DLINE BASED UPON SUBCOMMITTEE CONFERENCE CALL OF I/4/O$ written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 9.7 Conflict of Interest. NCPA shall not employ any Contracting Member official or employee in the work performed pursuant to this Agreement. No officer or employee of Contracting Member shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. 9.8 Notices. Unless this Agreement requires otherwise, any notice, demand or request provided for in this Agreement, or served, given or made shall become effective when delivered in person, or sent by registered or certified first class mail, to the persons specified below: Jim Pope General Manager, Northern California Power Agency 180 Cirby Ave. Roseville, CA 95678 With a copy to: Michael F. Dean General Counsel, Northern California Power Agency c/o Meyers Nave 455 Capitol Mall, Suite 235 Sacramento, CA 95814 Pat Thompson Interim City Manager City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 With a copy to: David Rapport, City Attorney Rapport and Marston P.O. Box 488 405 West Perkins Street Ukiah, CA. 95482 Whenever it is required, permitted, or desired in this Agreement that written notice or demand be given by any Party to any other Party, such notice or demand may be either personally served or sent by United States Mail, or facsimile. Notice shall be deemed to have been given when personally served, when deposited in the United States Mail, certified or registered with postage prepaid and properly addressed, or when transmitted by facsimile provided however, notices 1030394-5 REDLINE BASED UPON SUBCOMMITTEE CONFERENCE. CALL OF I/4/O$ delivered by facsimile shall only be effective if delivered during regular business hours on a day that is considered a regular business day for NCPA by the involved Parties. 9.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between Contracting Member and NCPA relating to the subject matter of this Agreement, and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein. [Attach all relevant exhibits or external agreements.] 9.10 Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, Contracting Member and NCPA agree to resolve the dispute in accordance with the following: 9.10.1 Each Party shall designate a senior management or executive level representative to negotiate any dispute; 9.10.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority. 9.10.3 If the issue remains unresolved after ten (10 days of good faith negotiations, despite having used their best efforts to do so, either Party may pursue whatever other remedies may be available to it. 9.10.4 This informal resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et seq. 9.11 Other Agreements. This Agreement is not intended to modify or change any other agreement between any of the Parties, individually or collectively. 9.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 9.13 Obligations Several. The duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever been construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement. 9.14 Effect of Section Headings. Section headings and subheadings appearing in this Agreement are inserted for convenience only and shall not be construed as interpretation of text. 9.15 Authority of Signatories. The signatories hereby represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. 1030394-5 REDI,IKE BASED UPON SUBCOMMITTEE CONEERE6CE CALL OF I/Q/08 9.16 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties following each Party's receipt of written resolution/authorization from their governing bodies, which resolutions/authorizations shall be condition precedents to any amendments of this Agreement and shall be attached as exhibits to this Agreement. The Parties have executed this Agreement as of the Effective Date. Northern California Power Agency Contracting Member JAMES H. POPE, General Manager Attest: Assistant Secretary of the Commission Approved as to Form: General Counsel PAT THOMPSON, Interim City Manager Attest: Linda Brown, City Clerk Approved as to Form: David Rapport, City Attorney 1030394-5 REDLINE BASED UPON SUBCOMMITTEE CONPBRENCE CALI, OF ~ /Q/OS Exhibit A Scope of Services: From time to time, Ukiah will request services from NCPA staff relating to: 1. Operation and Maintenance of its Lake Mendocino Hydroelectric Project. NCPA will develop an operating procedure to operate and dispatch energy from its Dispatch Center in Roseville. Upon request from Ukiah, NCPA will provide assistance with maintenance of the facility. Scheduling and Dispatch Services. Until revised per the operating procedure now under development, the services will include Schedule Coordination Scheduling of project with the ISO and verifying schedules are within project limits (both DA and HA upon flow changes executed by Dispatch below) Dispatch Inputting both planned and forced outages in ISO SLIC within required timelines (by 11:30 AM 3 days prior to start of outage for planned outages, forced outages within 30 minutes of occurrence, Forced Outage Report within 2 business days of occurrence of forced outage) Adjustment of project energy/bypass valve output to comply with SCWA or Corps requirements (requires approximately 15 minutes to verify flows have changed by an appropriate amount and fine tuning of valves as necessary) Notification via a-mail (phone if a-mail is unavailable) to Corps within 1 hour of verification of flow changes in effect Update staff gage in SCADA when notified by either Corps, SCWA, or USGS Call out of Ukiah part time employee for critical alarms Periodic review of USGS website to ensure the SCADA water flow data is accurate 3. Dealings with the project licensing authority, FERC, and other regulatory agencies at all levels. NCPA will assist with FERC inspection of the facilities, testing of the Emergency Action Plan when requested to do so by FERC, correspond and resolve issues of concerns with FERC, and other similar agencies such as Army Corps of Engineers, National Oceanic and Atmospheric Administration (NOAH), Sonoma County Water Agency, CA Fish and Game, etc. 4. General engineering assistance. Upon request from Ukiah, NCPA staff will provide engineering assistance with plant systems modifications, conduct testing of the equipment to assure proper functioning of the same, trouble shooting of operational issues, etc. 5. Power purchasing and marketing assistance. 6. Any other assistance Ukiah may deem necessary relating to its operation and 1030394-5 REDWN2 BASED UPON SUBCOYIMITTfF CONPERENCH CALL OF I/Q/~$ maintenance of the local electric generation and distribution responsibilities. It is understood and agreed to by Ukiah, that NCPA may have to engage services of a consultant or consultants to provide assistance to NCPA in fulfilling its responsibilities outlined above. NCPA will develop a scope of work, estimate cost and seek a formal approval from Ukiah prior to engaging consulting services as necessary. The costs of the consultants will be passed through this Agreement through the billing and payment process set forth in Section 7. This scope of services will be modified to reflect additional services and tasks mutually identifed by the Parties. 1030394-5 REDLINE BASED CPON SUBCOMMIT9'EE CONFERENCE CALL OF I/4/OS Attocf-tment # Z RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING OPERATING AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND THE CITY, AUTHORIZING CITY MANAGER TO SIGN SAME AND AUTHORIZING CITY MANAGER /PUBLIC UTILITIES DIRECTOR TO APPROVE THE PROVISION OF SERVICES BY NCPA IN CONNECTION WITH THE OPERATION OF THE LAKE MENDOCINO HYDROELECTRIC PLANT, AS NEEDED WHEREAS: 1. The City belongs to the Northern California Power Agency (NCPA), which is a joint exercise of powers agency that operates various electrical power generating facilities for its member agencies, including the City of Ukiah (City); 2. NCPA has the staff and resources to advise and assist the City in the operation and maintenance of the Lake Mendocino Hydroelectric Plant (Hydro Plant) and performs this service for other individual member agencies of NCPA; and 3. The City seeks the expertise and assistance of NCPA to assist the City in the operation of the Lake Mendocino Hydroelectric Plant (Hydro Plant), including the remote control of releases of impounded water through the Hydro Plant; and 4. NCPA is willing to provide these services on the terms and conditions as stated in the Operating Agreement Between Northern California Power Agency and the City of Ukiah (the Agreement), attached hereto as Exhibit A; and 5. Under the Agreement, NCPA is not obligated to provide services until it receives a written resolution from the City Council confirming the City's authority to enter into the Agreement and confirming that the City has allocated funds for and approved contract payments to NCPA under the Agreement. In addition, the Agreement provides that NCPA shall not perform any service unless it receives separate written authorization for each of the services the City may request it to perform. NOW, THEREFORE, BE IT RESOLVED as follows: 1. The City Council confirms that the City has the authority to enter the Agreement. 2. The agreement attached hereto as Exhibit A is hereby approved and the City Manager is authorized to sign the Agreement on behalf of the City. 3. The City Manager and the Public Utilities Director are hereby authorized to request specific services under the Agreement; provided that the City Council has approved a budget that allocates funds for the services requested, including the use of reserves on deposit with NCPA. A copy of the budget excerpt containing funds for such Resolution No. 2007-_ Page 1 of 2 services shall be deemed confirmation that the City has allocated funds for and approved payment for the covered services performed by NCPA. 4. The City Manager and the Public Utilities Director are authorized to take such further action and sign such additional documents as may be necessary to obtain services from NCPA under the Agreement. PASSED AND ADOPTED on April 16, 2008, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Linda C. Brown, City Clerk Resolution No. 2007-_ Page 2 of 2 ITEM NO: l0e MEETING DATE: 4/16/08 AGENDA SUMMARY REPORT SUBJECT: CONSIDER APPROVAL OF A $30,000 FUNDING LEVEL FOR THE PREPARATION OF THE COMBINED CITY/DISTRICT SEWERAGE MUNICIPAL SERVICE REVIEW (MSR), APPROVAL OF A BUDGET AMENDMENT TO BUDGET ACCOUNT 612.3505.250.000 IN THE AMOUNT OF $30,000, AND ENDORSE THE CONSULTANT SELECTION COMMITTEE'S RECOMMENDATION TO THE LAFCO COMMISSION TO AWARD A CONSULTANT SERVICE AGREEMENT TO PMC FOR THE PREPARATION OF THE COMBINED CITY/DISTRICT SEWERAGE MSR SUMMARY: Submitted for the City Council's consideration and approval are staff's recommendations that (1) a funding level of $30,000 be approved for the preparation of the combined City/District Sewerage MSR (2) a budget amendment in the amount of $30,000 to budget account 612.3505.250.000 be approved and (3) an endorsement of the Consultant Selection Committee's recommendation to the LAFCO Commission that a Consultant Service Agreement be awarded to PMC for the preparation of the combined City/District Sewerage MSR be made. Compensation to the Consultant will be made on a time and expense basis not to exceed $30,000 without the approval of the City Council, District Board and LAFCO Commission. The Consultant Service Agreement will be administered by the LAFCO Executive Director. RECOMMENDED ACTION: (1) Approve the Funding Level of $30,000 for the preparation of the combined City/District Sewerage MSR (2) Approve a budget amendment in the amount of $30,000 to Budget Account 612.3505.250.000 and (3) Endorse the Consultant Selection Committee's recommendation to the LAFCO Commission that a Consultant Service Agreement be awarded to PMC for the preparation of the combined City/District Sewerage MSR ALTERNATIVE COUNCIL OPTIONS: Provide other direction to staff FUNDING: Amount Budgeted $100,000 Citizens Advised Requested by: Prepared by: Coordinated with Attachments: From Fund Balance To Acct No. Additional Funds Requested 612 612.3505.250.000 $30,000 Fund Balance NA Consultant Selection Committee Rick Kennedy, Project Manager Pat Thompson, Interim City Manager and Paul Cayler, Deputy CEO and Interim UVSD District Manager PMC's Proposal ,. ~~ Approved:- +~" CZ~~ J, catilr ~- ~at Thompson, Int rim City Manager DISCUSSION At the Special Joint City/District Meeting of October 17, 2007, the Ukiah City Council and the UVSD Board of Directors consented to fund the preparation of a Sewerage MSR document that would contain information pertinent to their combined wastewater systems which is needed to permit LAFCO to perform the required Service Review; the effort would be funded from Fund 612, the Joint Sewer Fund. The Sewerage MSR document would be prepared by a Consultant and, since the MSR review process is a LAFCO responsibility, the LAFCO Commission would award the Consultant Service Agreement for the preparation of the Sewerage MSR. The contract administration is to be administrated by the LAFCO Executive Director in consultation with the Administrative Committee consisting of the LAFCO Executive Director, the Deputy CEO acting as the Interim UVSD District Manager, and the City's representative to the District Board. A Consultant Selection Committee would be formed consisting of the Administrative Committee and one City Council member and one District Board member. In collaboration with the City Attorney, County Counsel, and the remaining members of the Administrative Committee, the LAFCO Executive Director prepared the Request for Cost Proposals (RFCP) and forvvarded the RFCP to sixteen (16) prospective consultants. Four (4) proposals were received by the submittal deadline of January 25, 2008. The proposals were evaluated by the Administrative Committee and it was unanimously agreed that three of the four proposers merited an interview. On April 3, 2008, the Consultant Selection Committee conducted the interviews. The following consultants and their proposed compensation based on the scope of work contained in the RFCP are as follows: 1. PMC at $28,775 2. Winzler and Kelly at $53,780 3. Kleinschmidt at $52,799 Based on the experience of the proposed project teams, the number of pertinent MSR's prepared by the proposed project team, the project team's familiarity with the Ukiah Valley, and the reasonableness of the hourly rates and overall proposed compensation, the Consultant Selection Committee unanimously agreed to make a recommendation to the LAFCO Commission that a Consultant Service Agreement for the preparation of the combined City/District Sewerage MSR be awarded to PMC. Three of PMC's major project team members and their assigned roles are as follows: 1. Nash Gonzales, Project Director 2. Daniel Hamilton, Project Advisor 3. Gary Pedroni, Project Manager Mr. Gonzales lives in Ukiah Valley and is currently providing contract planning services to the Mendocino County Department of Planning and Building Services and he has provided services to the City of Ukiah. Mr. Hamilton has significant experience in the preparation and management of MSR's, SOI updates, and annexations and he currently serves as the contract Executive Officer for Humboldt LAFCO. Mr. Pedroni worked formerly for the Mendocino Department of Planning and Building and he has extensive knowledge of past and future development within Ukiah Valley. Mr. Pedroni has been the project manager for the preparation of numerous planning documents, including comprehensive General Plan updates, area plans, specific plans, redevelopment plans, and EIR's. As a result of Mr. Pedroni's past involvement in the proposed Creekbridge Development in the area just north of Lovers Lane, the members of the Consultant Selection Committee acknowledged that there may be a perceived conflict of interest for Mr. Pedroni. The Committee discussed the potential perception with Mr. Gonzalez and Mr. Hamilton during the interview and in detail amongst themselves subsequent to the interview and concluded, based on the following facts, that Mr. Pedroni would not have a conflict of interest pertaining to the preparation of the Sewerage MSR: 1. The area encompassing the proposed Creekbridge Development is already within the UVSD service boundaries. 2. The findings and recommendations to be provided in the Sewerage MSR are to be crafted by Mr. Hamilton and Mr. Gonzalez. 3. Mr. Pedroni's involvement in the project will be limited to fact finding and managing of the report writing. 4. Mr. Pedroni's involvement in the Creekbridge Development was limited to assistance with the initial project application to the County; he has not had any additional association since the application submittal. The Consultant is willing to assign the work load that would be performed by Mr. Pedroni to another PMC employee should there be strong opposition to his involvement in the MSR Project. Several of the Consultant Selection Committee members hold Mr. Pedroni in high regard and believe his participation and involvement in the MSR Project would be invaluable. The amount of the final compensation may vary from the proposed compensation of $28,755 because it may be necessary to incorporate refinements to the work program after the Consultant has completed the Data Collection and Analysis Phase of the Project. Proposed changes to the Work Program is to be discussed and approved by the Administrative Committee and any monetary change exceeding the approved funding level for the Sewerage MSR Project is to be approved by the City Council and the UVSD Board of Directors. If both the City Council and UVSD Board of Directors approve the proposed funding level and the budget amendment on April 16, 2008 and April 23, 2008, respectively, the LAFCO Executive Director is prepared to submit the Consultant Selection Committee's recommendation for award to the LAFCO Commission on May 5, 2008 for their action. • PMC° '-~•--~ ATTACHMENT ~ ~ January 25, 2008 • • ~ Frank McMichael, Executive Officer ~ LOCAL AGENCY FORMATION COMMISSION OF MENDOCINO COUNTY 200 S. School Street ~ Ukiah, CA 95482 ~ RE: RESPONSE TO REQUEST FOR PROPOSALS FOR THE PREPARATION OF A ~ WASTEWATER MUNICIPAL SERVICE REVIEW (MSR) FOR THE CITY OF ~ UKIAHIUKIAH VALLEY SANITATION DISTRICT Dear Mr. McMichael: ~ PMC is pleased to submit this proposal to the Local Agency Formation Commission of Mendocino County for the preparation of a Wastewater Municipal Service Review for the City of Ukiah and the Ukiah Valley Sanitation District (UVSD), pursuant to Government Code Section § 56430 which requires * that LAFCO complete an MSR for the services provided by the local governmental agencies. ~ PMC is an established California leader in the field of planning and environmental analysis, and is well qualified to undertake this assignment. Our team of PMC staff will bring an exceptional level of ~ analytical expertise and project management capabilities in assisting the Local Agency Formation Commission of Mendocino County. The PMC project team is especially qualified to undertake the * responsibilities set-forth by LAFCO, having substantial Municipal Service Review experience. For ~ example, PMC has assisted numerous jurisdittions and LAFCOs throughout California, including Solano, A Yolo, Sutter, EI Dorado Counties and the Cities of Sacramento, Ceres, Rio Vista, Davis, Elk Grove, Rancho Cordova and Salinas. Our team's understanding of the intricacies of Municipal Service Reviews A will ensure successful and timely completion of the MSR pursuant to Government Code Sections § 56430 and 56425. At the core of our proposal is a strong team of environmental analysts, planners, and technical scientisu. ~ Gary Pedroni, will be serving as Project Manager. Mr. Pedroni brings over 23 years of municipal planning experience with public agencies to PMC. Mr. Pedroni specializes in both current and long range planning, including town planning, preparation of Specific Plans, CEQA review and project ~ management. He has served as project manager for the preparation of numerous planning documents, ~ including comprehensive General Plan Updates, airport land use plans, specific plans, redevelopment plans and EIRs. Ignacio (Nash) Gonzalez, a Senior Associate with PMC, will serve as the Project Director. Mr. Gonzalez brings 23 years of municipal planning experience with public agencies. He specializes in areas of current planning and development review, and projett management. He has performed tasks such as General 1590 Drew Ave, Suite 120 • Davis, CA 95618 • P. (530) 750-7076 • F: (530) 750-2811 ~' ~~ Frank McMichael, Executive Officer January 25, 2008 ~~ Page 2 ~~ Plan updates, project review, including the preparation of complex reporrs and studies, and has assisted ~' numerous communities throughout California. Daniel Hamilton is a Senior Project Manager with PMC, bringing over ten years of experience in the field of LAFCO services, including the preparation and management of Municipal Service Reviews (MSRs), Sphere of Influence (SOI) Updates, and has prepared environmental documenu for cities, counties and school districts throughout California. Mr. Hamilton currently serves as the Contratt Executive Officer for Humboldt LAFCO, in addition to other duties with PMC. Mr. Hamilton will serve as the Projett Advisor on preparation of the subjett MSR. The experienced PMC team would also include Kim Voge and Danny Yeung, as project analysts. Ms. Voge has worked in municipal government for over six years and has worked with the Cities of Santa Rosa and Cotati as well as with County of Sonoma on a variety projecu. Danny Yeung, has also worked on a variety of projects, including the preparation of Municipal Service Reviews, Sphere of Influence updates, annexations and special distritt formations, municipal incorporations, including General Plan updates and the preparation of Specific Plans. PMC would meet or exceed all requirements of LAFCO's December 2007 Request for Qualifications in providing professional consulting services. Among the features of our proposal is maintaining clear lines of communication between LAFCO's Executive Officer and PMC; coordinating data collection and interpretation; preparation of draft and final MSR and the attendance of public meetings; and effettive project management, with particular attention paid to adherence to projett budgets and expedited report delivery to LAFCO. Additionally, PMC is dedicated to providing municipal consulting services to cities, counties, special districts, state and federal agencies. Since PMC is strittly a municipal contractor, PMC has no conflicts of interest or ties to the development community. Additionally, both Mr. Gonzalez and Mr. Pedroni are located in Ukiah, California, which will provide for familiarity of the area and enhanced coordination between PMC and LAFCO's Executive Officer. PMC and our entire project team are anxious to begin work assisting the Local Agency Formation Commission of Mendocino County with its responsibilities in completing the Municipal Service Review (MSR) for the City of Ukiah and the Ukiah Valley Sanitation Distritt. We appreciate the opportunity to respond to your Request for Proposal. We would be pleased to i meet with you to further discuss our proposal and team qualifications. ~ Sincerely, i , '"~~ i ~ Philip O. Carter President ~ POC:ng:jp P:\LAFCo\LAFCO (Mendocino)\P07-1372 Wastewater MSR\Cover Letter (formatted).doc __ PMC° ~~. M' Illi MI rrd A MI A iA A A A r1 A ri/ A A M A A • • • • 1 TABLE OF CONTENTS Project Understanding and Approach .................................................... ...................................................1-1 Firm Overview and Dualifications .......................................................... ................................................... 2-1 Project Team ..................................................................................... ................................................... 3-1 Costs and Schedule ............................................................................ ................................................... 4-1 References ........................................................................................ ................................................... 5-1 Ability to Comply ................................................................................ ................................................... 6-1 Appendices Appendix A -Resumes __ ___ - PM __ __ - __ __ p1 PROJECT UNDERSTANDING AND APPROACH ..1 _ __ _ _ _ _ __ _ _ __ .~t PROJECT UNDERSTANDING The Local Agenry Formation Commission ("LAFCO'~ of Mendocino County is requesting proposals from qualified consultants to assist in the preparation of a Wastewater Municipal Service Review /1a ("MSR") Eor the City of Ukiah ("Ukiah" or "City") and the Ukiah Valley Sanitation District ("UVSD or ~ "District"). It is understood that Government Code ("GC") Section 56430 requires LAFCO to complete MSRs for the services provided by local governments in Mendocino County in order to ~ establish or update spheres of influence ("SOI") in accordance with GC 56425. Based upon A information included in the L.AFCO Request For Proposal ("RFP"), this proposal is for the development of the required MSR only and does not include an update of the City's SOI ox an Initial ~ Study ("IS") pursuant to the California Environmental Quality Act ("CEQA"). Preparation of an MSR A is considered a planning study which is exempt Erom CEQA. ~ The UVSD was formed in 1954 by the Board of Supervisors for the purpose of providing sewage ~ facilities for the unincorporated areas surrounding the City of Ukiah. The District owns a collection ~ system but shares the use oEthe City's ~~~'TT'via a Participation Agreement ("PA's. Under the PA, the City operates, maintains and repatrs the District's collection system. The annual costs for the /IA maintenance, operation, expansion, upgrading, administration, insurance and financial services of the » combined City-District wastewater collection and treatment system are shared between the City and the District proportionally based on the number of sewer service units in each. The City operates its own w police departmen[, fue department and electrical, water and wastewater utilities. It owns and operates an A airport, electrical distribution facilities and interests in power generating facilities, including a hydroelectric generating plain at Lake Mendocino, a water treatment plant, a wastewater treatment plant * The City- of Ukiah proposed Sphere of Influence ("SOI") is described in the City's General Plan, last * updated in 1995. Information provided in this study will be used to support future determinations of the City's SOI, but will not be the only information used Eor determining the City's SOI. Currendy there is no proposed or adopted SOI for the District beyond its existing boundaries; information provided in this study will be used to recommend and assist the determination of a SOI for the UVSD. ~ Gov't Code X56430 requires that L~FCO complete a MSR to develop information for establishing or updating spheres of influence as required by Gov't Code Section i642~. The MSR must be completed ~ before or in conjunction with the adoption or updating of SOIs. Section 56430 requires LAFCO to ~ prepare written statements in the following areas: (1) Growth and population projections for the affected areas; (2) Present and planned capacity of public facilities and adequacy of public services, ~ including infras[rucrure needs or deficiencies; (3) Financial ability of agencies to provide services; (4) A Status of, and opportunities for, shared facilities; (5) Accountability Eor community service needs, including governmental structure and operational efficiencies; and (6) Any other matter related to effective or efficient service delivery-, as required by Commission policy. Section 56423 requires ~ additional determinations. These requirements Eor written determinations provide direction Eor the form and content of this study. A Furthermore, it is understood that the consultant is expected [o use existing information and other information gathering processes, such as interviews, surveys, other research, engineering reports, audit ~ reports, state department reports and permits, industry best practices, UVSD and the City agreements, ~ approved or proposed SOIs for the affected agencies, L~1FC0 policies and county and city general and r area plans and any other processes as thought relevant and appropriate. t• _ _ _ _ _. PMC.. __ _ _ _ __ . PROJECT UNDERSTANDING AND APPROACH The Ciry recendy approved a fee study leading to revised sewer fees fox the City and UVSD, which now have the same fees and fee structure. It is also currently constructing a $57 million upgrade and expansion of its ~~~TP. In addition, the Ciry and UVSD have been developing a sewer main and lateral inspection and repair program to reduce infiltration and inflow into the sewer collection system. A substantial amount of information was compiled Eox purposes of these projects which are available to qualified consultants to aid in the preparation of proposals and the bfSRs. Piv1C will evaluate existing services provided by the Ciry and the UVSD and analyze their ability to maintain the level of service necessary to meet local and state standards. ~~'here appropriate, PMC will include flexible and creative methods of providing adequate services, logical and reasonable recommendations, appropriate charts, graphs, maps, and determinations. This proposal is intended to provide bfendocino County L.AFCO with the requested infotrnation relative to our qualifications, costs, and abilities to prepare the necessary- MSR. PROJECT APPROACH The City and UVSD Wastewater MSR will be completed through consultation and coordination with bendocino County LAFCO staff and Commission, the City of Ukiah, the UVSD, and other interested parties. PMC will conduct the MSR study consistent with Mendocino County LAFCO's MSR requirements described previously in this proposal and the OPR MSR Guidelines. The MSR will be conducted in a fair, accurate and objective manner, intended to review the City- and UVSD current service provision of wastewater treatment. Analysis of the probable need for services in ten and [went}' years help will guide the determvtation of the appropriate SOI lines (determination of SOI not a part of this proposal). PlbfC's approach to the successful completion of the required MSR includes the following: REFINEMENT OF WORK PROGRAM The initial stage of work includes a cooperative refinement with Mendocino County LP.FCO regarding the Eorm, content, writing style, and general approach of the MSR. This typically includes formatting and style of determinations, graphic needs, depth of analysis, coordination of all MSR documents, and similar issues. Estimated Timeftame: After contract approval, February/March 2008. DATA COLLECTION. INTERPRETATION AND ANALYSIS PMC will conduct a kickoff meeting with key City and UVSD staff responsible for wastewater services to inform them of the purpose and process of the MSR. This kickoff meeting will also serve to gather data and to allow the local public agency staff to speak openly about their desires Eor the scope and depth of analysis in the study. PMC will dec-elop a short survey specific to this particular project and each department responsible for providing services to gather relevant information needed for the required studies. Following the receipt of the completed surve}' from the subject departments, PMC will then conduct follow up interviews and phone calls with designated contact persons to gather additional information as needed. PbfC may schedule site visits, if necessary, to gather additional information. As with other I~fSRs conducted by PbIC fox other counties, this approach has been successful in establishing an open dialogue with the service providers, and has helped ensure greater cooperation and coordination overall. Estimated Timeframe: After refinement oEwork program, ti[arch/April, 2008. ~. .. PMC _ r • PROJECT UNDERSTANDING AND APPROACH ~ PUBLIC MEETING IN MENDOCINO COUNTY A' PbfC will attend one public meeting in Mendocino County to present the project to the interested A parties, residents and decision-makers; and to solicit input, opinions, and comments on the process and ~ information to be included within the MSR. This meeting will be at a venue deemed appropriate and acceptable to LAFCO. PMC will prepare a brief presentation for the meeting, and will be responsible ~ Eor all data collection and information generated at the meeting. ~ Estimated Timeframe: April 2008. w A PREPARATION OF ADMINISTRATIVE DRAFT MSR/S01 UPDATE/IS A PMC will prepare the Administrative Draft MSR for Mendocino County LAFCO and service providers A prior to its public release. PMC will incorporate anp changes recommended by Mendocino County LAFCO's staff and key agencies. ~~'ithin the reports, PMC will present issues in the most succinct A manner possible while including necessary content and ensuring readability. Our typical reports include an executive summary, a profile sheet for a quick reference of the project area, boundary maps, and subsections within the reports to highlight areas of particular interest or importance. A ~ Estimated Timeframe: After data collection, May 2008. A PREPARATION OF PUBLIC REVIEW DRAFT MSR/S01 UPDATE/IS ~ After review and incorporation of any requested revisions by Mendocino County LAFCO, PIvfC will w prepare the Public Review Draft 1fSR. In conjunction wrath Mendocino County LAFCO staff, PMC will ~ publish 20 copies of the Public Review Draft reports for distribution to responsible agencies and interested members of the public. PivfC will present the Public Review Draft to the Mendocino County ~ LAFCO Commission at a public hearing. In order to ensure a quick turnaround, PMC will request that ~ the iVfendocino County LAFCO review all comments made by outside agencies and legal staff, and provide PMC with a single set of comments and recisions to the report. w Estimated Timeframe: After approval of administrative draft, Ma}'/June 2008; presentation at the Julv 2008 Mendocino County LAFCO meeting. A Preparation and Presentation of Final MSR A The PMC project team will review information and input received during the public review period and identify any outstanding issues. Pb1C will meet with Mendocino County LAFCO staff to discuss identified issues, changes, and anticipated research and analysis needs prior to finalizing the documents. N PMC will incorporate information as approved by Mendocino County LAFCO staff into the reports. ~ iVlendocino County LAFCO staff will review proposed changes prior to repurt finalization. PMC will submit a copy of the bISR report to Mendocino County L.AFCO. The final report will be provided in ~ ivficrosoEt ~~'ord format. The report will present recommended determinations/findings, as well as ~ responses to comments from responsible agencies and interested members of the public. This task will ~ include a presentation of the final report to the bfendocino County LAFCO at a public hearing. Estimated Timeframe: After public review period, August 2008. • FIRM OVERVIEW AND QUALIFICATIONS ~, ~ PbfC is dedicated to serving the needs of cities, counties, and other governmental agencies by providing a complementary range of municipal support and management services. PMC has offices in ~ Sacramento, Oakland, Davis, Mt. Shasta, Monterey, Chico, San Diego, Los Angeles, Arizona, and other ~ project locations. The fum was established in 1995 with a mission to provide planning, environmental ~ and municipal services to public agencies, special districts, and public-oriented organizations. PMC has provided service to more than 200 such agencies and jurisdictions throughout California. The company ~ has grown steadily and today consists of over 270 employees working out of its nine primary- offices. ~ PMC is well qualified and prepared to assist Mendocino County LAFCO with the development of a ~ Municipal Service Review (1~fSR) as described earlier in this proposal. PMC provides services to several ~ LAFCOs across California, including staff planning and MSR/SOI Update preparation and CEQA compliance. PIvfC will conduct the MSR in accordance with the local standards and practices of ~ Mendocino County LAFCO and the Cortese-Knox-Hertzberg Local Government Reorganization Act ~ of 2000 (including revisions from 2003 and 2007), in addition to using guidance set forth in the OPR Guidelines and our previous work experience. A Notice of Exemption will be prepazed consistent with w the requirements of the California Environmental Quality Act (CEQA). ~`G'e understand the intent of this review is to help Mendocino County LAFCO make needed SOI determinations required pursuant to GC Section 54625. Our primary goal will be to support Mendocino County LAFCO in providing legally adequate and informative analysis and detertinatons regarding the wastewater service provision of the City of Ukiah and the UVSD. The work program and schedule have been designed to use the determinations and analysis contained in the MSR to provide the basis and ~ justification for a sepazate (and possibly concurrent) SOI Update. ~ PMC's local knowledge and relevant work experience make us uniquely qualified to successfully accomplish this effort. PMC maintains offices in Chico and bfount Shasta, with members of the project team living and working independently in Mendocino Count}-. Project "Team members have many years of work experience within public agencies in Mendocino County. Our ability to provide comprehensive review is based upon a combination of our knowledge of local issues, our experience in producing MSRs (and SOI updates when required), and our in-house technical capabilities. I~ Necessary in the preparation of an MSR is an understanding of the Cortese Knox Hertzberg Local Government Reorganization Act and changes to the Act made in 2003 and in 2007. These revisions were primarily intended to implement the recommendations of the Cormrussion on Local Government for the 21st Century. These changes were the most sweeping and signiEcant in the more than 35 years since the creation of LAFCO law. At the core of the changes were reforms aimed at discouraging urban sprawl, preserving open space and prime agricultural lands, ensuring efficient and logical extension of municipal services, changes to the operational stnicmxe of LAFCOs, and implementation of a mandated five-year update of SOI. P\fC will apply these changes and principles to our analysis. PbIC understands and has extensive experience with local government management and function. PMC is a unique consulting fum in that we contract exclusively with public agencies, not the private development community. PI~fC has an understanding of how local budgets and finance plans are prepared and implemented with respect to service delivery. PbfC has a demonstrated ability to work effectively with a wide variety- of local interest groups, agencies, tides, and other interested parties. This is a critical component [o PMC's duties, given the number of agencies invoiced in L.AFCO related work. PbfC has considerable experience in meeting facilitation, working with a wide range of project stakeholders, working toward consensus building while striving to find solutions to complex planning, and infrastructure or service delivery problems. P1~fC will design the report to focus the analysis on the issues of most concern to Mendocino Counn~ LAFCO. This will ~ serve to ensure that the analysis meets the needs of bendocino County L.AFCO. __... _. _.. __.. PMC.._._. _.... __. __ • - _ _ _ _ __ ~-~ _ __ l PROJECT TEAM '"'~ IGNACIO "NASH" GONZALEZ -PROJECT DIRECTOR iVfr. Gonzalez is a Senior Associate with PMC and brings over 23 years of municipal planning experience { ~ with public agencies. He received his Bacheloi s Degree in Planning from Sonoma State University. He ~ specializes in areas of current planning and development review, application review, environmental 3 analysis and project management. He has performed tasks such as General Plan updates and ~ amendments, Housing Element updates, Zoning Ordinance pmparation/amendments, and processing large commercial, industrial, and residential developments. Ivir. Gonzalez's experience also includes preparation of complex reports and studies related to design review and development policy evaluation. +. ivfr. Gonzalez has also assisted numerous communities, including Clearlake, Corte Madera, Walnut ,' /~ Creek, Santa Rosa, Healdsburg, Hillsborough, Fort Bragg, Cloverdale, Cotati, ~V'illows and the Counties of Butte, Mendocino, Orange, Solano, Sonoma, with a variety of projects. He has also been involved in 9 the preparation of various CEQA documents and technical studies, iVfitigated Negative Declarations, /I, Environmental Impact Reports; and has made numerous presentations to Planning Commissions, Ciry s A Councils, and Board of Supervisors. ~ /~ ;vfr. Gonzalez has provided contract planning staff and management services to the following cities: ; M Willits, Clearlake, Cotati, Hillsborough, Walnut Creek, Corte Madera, Santa Rosa, Fort Bragg, and the Counties of Mendocino, Solano, Butte, Orange, and Sonoma. He has provided project management ~1 services to various jurisdictions, including management of EIR's and large commercial/industrial G projects, including the management of 270,000 sq. ft. mixed use retail center for the City of Cotati, which included a Lowe's Home Improvement Center. Ivfr. Gonzalez also specializes in Subdivision Map ~ Act review as well as implementation of the Surface Mining and Reclamation Act (SMARA). i~fr. Gonzalez is currently providing contract planning services to the Mendocino County Department of Planning and Building Services. ~ t DANIEL HAMILTON -PROJECT ADVISOR I ~ Daniel Hamilton is a Senior Project Manager with PMC, bringing ten years of experience to his city, ~ county, and L.AFCO clients. He specializes in the provision of LAFCO services, preparation of CEQA documents, and long-range planning Eoe cities, counties, and school districts. Mr. Hamilton has significant experience in the preparation and management of i~ISRs, SOI Updates, Annexations, and ~ other long-range planning for local governments. I`fr. Hamilton currently serves as a contract Executive Officer for Humboldt LAFCo, in addition to other duties at PMC. ~- GARY PEDRONI -PROJECT MANAGER Mr. Pedroni is a Senior Project Manager wdth PMC and brings over 23 years of planning experience with ~ public agencies to Pacific Municipal Consultants (P.tifC). iVlr. Pedroni specializes in both current and long range planning, town plans, specific plans, and CEQA compliance He has served as project manager for the preparation of numerous planning documents, including comprehensive General Plan /) updates, airport land use plans, area plans, specific plans, redevelopment plans, and EIRs. hir. Pedroni A possesses outstanding project management, writing and analytical skills. During his tenure with both Mendocino County and the City of Rancho Palos Verdes, he reviewed and managed numerous /) development projects to ensure compliance with requirements of local and state jurisdictions, including the Coastal Act and the Local Coastal Plan Programs (LCPs). Mr. Pedroni has accumulated extensive experience working for jurisdictions with t~fendocino County. ~ KIM VOGE -PROJECT ANALYST him Voge is an Associate Planner with Pt~fC and holds a :vfasters Degree in Urban Planning fLOm the University of Washington, and Bachelor's Degree Ecom Sonoma State University in Environmental Studies and Planning and Economics' Erom U.C. Santa Cruz. IVfs. Voge brings over seven years of aMC __ A _ _ _. _. ~~ __ __ _. PROJECT TEAM experience to her city- and county clients. She specializes in preparation of environmental and policy planning documents, as well as all facets of development review and the processing of entitlements. She has worked on numerous development entitlements, including the processing of conditional use permits, design review, variances, annexations, and subdivisions. Kim has also been responsible foe the preparation of numerous environmental documents, including Negative Declarations, Mitigated Negative Declarations and has assisted in the preparation of General Plan and Surface bIlning Environmental Impact Reports (EIRs). Ms. Voge possesses exceIIent analytical and writing skills and has made presentations before Planning Commissions and City Council's. DANNY YEUNG -PROJECT ANALYST As an Assistant Planner Eor PMC, h1r. Yeung's responsibilities include the research, analysis, and preparation of Municipal Service Reviews, Sphere of Influence updates, annexations, special district formation, municipal incorporation, special studies, General Plans, Specific Plans, poGry development, and CEQA Environmental Impact Reports. He has significant experience in preparing Municipal Service Reviews, Specific Plans, Ivtitigated Negative Declarations, special. studies, and ensuring compliance with state and federal em~ironmental regulations. In addition, he also has experience in public outreach projects. ADD1T10NAL STAFF RESOURCES The abore list represents the staff which PMC anticipates will be required, however it is possible that the need for additional staff may arise. Therefore PMC may assign additional staff types as necessary to complete the services required under this agreement. Compensation rates for additional staff types will be detertnined by PMC and will be consistent with the rates listed herein. Assignment of additional staff will not change the budget of this agreement, unless agreed upon by both parries with the execution of an amendment ~~/ithout receiving PMC's written permission, client agrees not to hire, retain or contract with any employee of PMC who performs services for client under this agreement for a period of one }'ear from the dace this agreement is tetininated. __ _ __ __ __ __ PMC ___ __ ~, E ~'~ MNi /D Mr1 A N A /- w • r~ M /- __ __ COSTS AND SCHEDULE __ _ 9 MSRs are a relatively new statutory creation, with each Lr1FC0 determining the scope, content, and depth of analysis to be contained in each report. PMC has worked with our client L.AFCOs to develop work programs and budgets that meet the abilities of the parties to finance the endeavor, as well as meet the expectations of Lr1FC0 staff and commissioners. Based on the information contained in the RFP, PMC can provide the MSR for anot-to-exceed budget of $28,775. The cost breakdown for the studies is as follows: Mendocino LAFCO Municipal Service Review Budget II. Data Colledian and Analysis Collect and review data 2.0 4.0 6.0 24.0 36.0 Cost Task ll $290 $520 $780 $1,920 $0 $0 $3,510 N. Administrative Draft MSR Prepare Draft MSR 4.0 4.0 12.0 60.0 8.0 $250 88.0 TasklV $580 $520 $1,560 $4,800 $520 $250 $8,230 VI. Final MSR Respond to public comments 2.0 2.0 4.0 12.0 20.0 Prepare Final MSR 1.0 2.0 4.0 8.0 6.0 $250 21.0 Cost TaskVl $435 $520 $1,040 $1,600 $390 $250 $4.235 _ __ _ _ __ ____ PMC - _ __ __. COSTS AND SCHEDULE Below are the billing rates for all PMC personnel proposed for work on the project. PMC Billing Rates It is understood that LAFCO will provide locations for all meetings. Anticipated meetings are as follows: bfeetings with Executive Officer as needed. 2) At least 2 meetings with the Administrative Committee while collecting information and preparing the analysis. Preservation and participation in at least 3 public hearings or workshops. 4) A basis for chazging for additional public meetings is included in this proposal. (See Section III in the proposed budget For a breakdown of meeting costs). DELIVERABLES: The MSRs shall be prepazed in the format as provided by LAFCO. The current format is available from the I~FCO Executive Director, contact as specified below. The report shall provide the required information and be organized to facilitate the determinations required by Government Code Section 56425 For any recommended SOI for the UVSD. All deliverables shall be submitted in hardcopv and electronic format (VG'ord or PDF) and shall include the following: 1) Administrative Draft for review committee (five bound copies plus reproducible copy) Initial Draft for workshop (30 bound copies plus reproducible copy) Final Draft for public hearing (30 bound copies plus reproducible copy) Final MSR as adopted at public hearing (f0 bound copies plus reproducible copy) _ _ __ PMC ~r ef^ rf~ M •1 w N w A `~ 1 _- ---- COSTS AND SCHEDULE __ Schedule Preparation of Administrative Draft MSR Presentation of Public Review Draft MSR Presentation of Final MSR May 2008 July 2008 Mendocino County LAFCO meeting August 2008 Mendocino County LAFCO meeting `Assumes contract approval by late February 2008 .._._ PM C _.--- __ Data Collection antl Verification March/April 2008 ~1 *i ~"~ REFERENCES ~'+ PMC has prepared b1SRs and SOI Updates for more than 100 cities and special districts in more than 10 LAFCOs across CaliEomia. Our current client list includes service reviews, annexations-, and/or SOI updates for Solano, Monterey, Sacramento, Madera, Fresno, El Dorado, Sutter, and Riverside LAFCOs, ~ among others. Below is a representative sample of recent MSR work. A ~ SOLANO COUNTY LAFCO MSRS ~ PMC prepared MSRS for sewer, recreation, resource conservation, and mosquito abatement services within the County, as well as reviews for the cities of Rio Vista and Suisun City. Each of these service » reviews provided determinations for SOI Updates by LAFCo. Contact: Shaun Pritchard, Executive Officer » 744 Empire Street, Suite 106 » Fairfield, CA 94533 ~ (707) 438-1785 BUTTER LAFCO COMPREHENSIVE MSRS ~ PMC is preparing service reviews for all cities and special districts in Sutter County, under the direction of Sutter LAFCo. This series of studies is phased in schedule and based on services and district types. ~ Two sets of MSRS have been prepared to date, with two more sets of districts and cities to be analyzed in 2007. » Contact: Doug Libby, Senior Planner P.O. Box 1555 Yuba Ciry, CA 95992 » (530) 822-7400 '~ GREATER SALINAS AREA MSR PbfC prepared the comprehensive Greater Salinas Area MSR Eor Monterey LAFCo. The ivfSR area ~ encompasses lands surrounding and including the Ciry of Salinas, in north-central Monterey County. . There is one incorporated city, two service districts and six CSAs serving populations within the MSR area. • Contact: Kate McKenna, AICP, LAFCO Executive Officer 132 W. Gabilan St., Ste. 102 A Salinas, CA 93902 w (831) 754-5838 ~ CITY OF RANCHO CORDOVA EAST SOI MSR PMC is currently assisting in the management of an MSR of the City of Rancho Cordova and various other special districts that will be providing services to the 5,900-acre East Planning area of the Ciry. The MSR analyses the City's service provision and abilities to expanding the City's current SOI to include the East Planning Area. s ., Contact: Paul Junker, Planning Director 2729 Prospect Pazk Drive ~' Rancho Cordova, CA 95670 ~, (916) 851-8750 __ _ _ .._-_____ P M C ~S ABILITY TO COMPLY '~ EXCEPTIONS TO STANDARDIZED CONTRACT PbfC has reviewed the RFP; Exhibit B and Contract Exhibit C, Insurance Requirements contained in the RFP and is confident that we will be able to agree to mutually acceptable terms. PMC routinely signs » Professional Services Agreements with various agencies. We believe resolution of minor language changes can be easily attained, and have not had difficulty resolving terms with agencies similaz in nature to the Mendocino County LAFCO. PMC's comments and requested changes are identified below by section for your convenience. Please ~ note that these are requests only, and PMC is more than willing to discuss any of concern to LAFCO. ~ RFP Exhibit "B" ~ PMC recommends modification of the term "Contractor" to "Consultant" throughout the agreement. The term "Contractor" specifically refers to a compaaV engaged in the business of construction or M vendor services, whereas the term "Consultant" more accurately refers to the services that PMC would ~ be performing for LAFCO. • General Terms and Conditions • Section 1 Independent Contractor: -PMC requests the addition of the following regarding its ~ employees at the end of paragraph 4 to this section of the Agreement: "It is understood and agreed that Consultant's employees are not "employees-for-hire," but are provided ~ as a part of professional services to serve a specific purpose for a temporary period. Should IAFCO ~ wish to hire for permanent employment an employee of Consultant within this Agreement period or for a period of one year after services are completed, LAFCO shall contact Consultant in writing and make such a request. Consultant shall work with LAFCO regarding equitable compensation for the hiring ~ away of said employee." ~ Paragraph 5: - It is I?MC's past experience that various agency laws at different levels can conflict with A one another, making it impossible to comply with all laws. Should such a conflict arise, PMC would use A its professional judgment and work with LAFCO to resolve the situation. Therefore, PMC requests modification oEthe Fust sentence in this section to read: A ~ "Contractor does, by this Agreement, make every reasonable effort to ..." A Also, PMC requests the deletion of the term "satisfactory" in the last sentence of paragraph ~. The term A "satisfactory" is subjective and therefore difficult to define. Instead PMC recommends modification of this section to provide a measurable standazd such as: "....shall be performed and rendered in a A competent, efficient, timely manner and in accordance wrath the standards required by LAFCO". Section 2 Indemnification: -PMC is prepared to be responsible for its errors and understands its ~ obligation to indemnify LAFCO. However, PMC can only take responsibility for its own errors and not ~ for other people's mistakes. Therefore, PMC requests modification of this section as follows: "To the fullest extent pemutted by law, Consultant shall hold harmless, defend and indemnify LAFCO, its Commission, employees and agents Erom and against any and all claims, losses, damages, liabilities and expenses, including but not limited to reasonable attorneys' Eees, to the extent caused by the negligent performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including the loss there from, or to any violation of federal, state or municipal law or regulation, and (2) to the extent caused by any negligent act, omission or willful misconduct of PMC _.. _... A _- _. ABILITY TO COMPLY __ _ __ Consultant, any subconsultant, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. LAFCO may participate in the defense of anv such claim without relieving Consultant of anv obligation hereunder. LAFCO shall hold harmless, defend and indemnify Consultant from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to reasonable attorneys' fees, to the extent caused 6y the negligent performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destmction of property, including the loss there from, or to any- violation of Federal, state or municipal law or regulation, and (2) to the extent caused by any negligent ac[, omission or willful misconduct of LAFCO, its Commission, employees and agents, anyone directly or indirectly employed by any of them or anyone Eor whose acts any of them may be liable. Consultant may participate in the defense of any such claim without relieving LAFCO of any obligation hereunder." Section 5 Conformity with Law and Safety: - It is PMC's past experience [hat various agency laws at different levels can conflict with one another, making it impossible to comply with all laws. Should such a conflict arise, PMC would use its professional judgment and work with LAFCO to resolve the situation. Therefore, PMC requests addition of the following at the end of paragraph 5 in this section to read: "If a conflict between federal, state and local laws arises, thereby causing Consultant to not comply with the terms of this section in this Agreement, Consultant will immediately advise LAFCO of the situation in writing at which time both parties shall work together to seek resolution and LAFCO will not interpret such conflict as a breach of this Agreement by Consultant." Section 6 Payment -PMC requests modification of this section to provide a measurable timeline for payment of invoices: "Such payment shall be within thirty (30) days receipt of Consultant's properly submitted invoice." Section 9 Ownership of Documents: - PivfC produces various apes of documents and/or data/materials for specific projects and purposes. Should LAFCO choose to use documents, data or materials that PMC prepared Fox one project on another project, PbfC cannot be responsible for any possible negative results. In other words, PMC cannot be held liable for future uses or misuses of such documents, data or materials because PIv'IC did not prepare them for all potential uses. Therefore, PMC requests the addition of the following sentence in paragraph one of this section: "Consultant shall not be held liable for anv reuse of the LAFCO-owned "Documents and Materials" foe purposes outside this Agreement." Section 11 Notices: - PMC's contact information is: PMC; 2729 Prospect Pazk Dnve, Suite 220; Rancho Cordova, CA 95670; Attn: Philip O. Carter. Section 20 Termination: - PbfC requests modification of this section so that each parry has the right to terminate the Agreement if necessary (mutual termination). While PMC uodexstands the need of L.AFCO to terminate under certain circumstances, PMC would also like the ability to terminate under certain circumstances (for example for failure to pay PiVEC for services performed). Requested modification of this section is the addition of the following: "This agreement map be cancelled at any time by either pazty for its convenience upon written notification to the other pazty." Section 30b. Patent and Copyright Indemnity: - PIvfC requests insertion of the word "reasonable" in front of the phrase "attorney's Eee" on the fotu•th line of this paragraph. PMC __ _ ABILITY TO COMPLY Contract Exhibit "C" Insurance Requirements PMC requests insertion of the word "designated" or "authorized" in front of the word "volunteers" the second paragraph of this section. PMC needs to be able to limit its liability regarding volunteers only those that LAFCO has authorized to conduct work on their behalf. Also, PMC requests insertion of the word "reasonable" in front of the phrase "attorneys' fees," and t modification of the phrase "to the extent arising out of the performance," to the phrase "to the este caused by the negligent performance." These requested changes renect the terms of our existing policies and past experience. PMC is happy discuss any concerns L.AFCO may have with these requests, and is open to alternative suggestions. __ _ ._ .. __ _ _.._. PMC ___ __._ ~,;,,, ~. Ignacio Gonzalez, AICP Project Director Education ~ B.A. Planning, Sonoma Slate University ~ A.S., Business (Real Eslafe), Mendocino Community College ~ A.A. Liberal Arts/Studies, Mendocino Community College ~ Experience and Current Responsibilities Mr. Gonzalez is a Senior Associate with PMC and brings over 20 years of planning experience with public agencies to PMC. He » specializes in the areas of current planning, design review and development application processing, and surface mining (provisions of SMARA). He has performed tasks such as general plan updates, and amendments, Zoning Ordinance preparations/amendments, ~ processing large commercial, industrial, (including mining and processing operations), residential developments. Mr. Gonzalei s experience also includes preparation of complex repots and studies related to design review, and development policy evaluation. He has also been involved in the preparation of various CEOA documents and technical studies, Mitigated Negative Declarations, ~ Environmental Impact Reports; presentations to City Councils, Board of Supervisors and Planning Commissions. A Relevant Project F~erience • A Town of Corte Madera, Planning Staff Support. Support staff to the Environmental Services Director providing design review of new development projects, Zoning Code evaluations, and related assignments. Served as Interim Director of ~ Environmental Services. • Town of Corte Madera, General Plan Update and Program E{fl. Project Manager Sor a comprehensive update to the General Plan involving an extensive community participation program. The update focused on a revision to all guiding ~ goals and policies, and includes the preparation of a Program EIR for the General Plan. * City of Cloverdale, General Plan Update and Program EIR. Project Manager for the preparation of a comprehensive Background and Existing Conditions Report, and Environmental Impact Report (EIR) utilized by the City in its ~ comprehensive update of its General Plan. ~ City of Santa Rosa, Planning Staff Support. Project Manager responsible for supervising PMC contract planning staff, ~ which provides both current and comprehensive planning services to the City, including entitlement processing and ~ environmental review. Also responsible for assis(ing the Cify in managing the preparation of an Environmental Impact Reportfor a 135,000 sq. ft. Hone Depot Home Improvement center on a 10.5 acre site along Santa Rosa Avenue. ~ City of Walnut Creek, Planning Staff Support. Responsible for processing complex projects, including the processing of ~ development applications, including subdivisions, planned developments, infill housing developments, office ~ complexes, telecommunication and cellular projects and commercial developments throughout the Cily. • Town of Hillsborough, Planning Staff Support. Support staff to the City Planner responsible for the administration of ~ current planning functions, including the processing of all design review applications and staffing the Design Review Board meetings. ~ PMC:° Ignacio (Nash) Gorvalez, AICP Project Director • City of Galati, Planning Statf Suppod. Providing support to the Planning Department in all areas of development application processing, including serving as the project manager fa a variety of canplex projects, including a 270,000 sq. ft. mixed use retail/residential development along Highway 116 and Highway 101, which includes a Lowe's Home Improvement Center. Other projects include hillside development projects, telecommunications facilities, Ordinance amendments and a variety of infill developments. • City of Willits. Served as Project Manager for the preparation and state certification of the Housing Element for the City of Willits. Additionally served as the Project Manager for the preparation of a Uansportaticn corridor study in addressing an alternative north/south access roadway to Highway 101. Responsible fa assisting the Cify with the processing of various development applications and entitlements as well as amendments to City Ordinances. • City of Clearlake. Providing support to the Community Development Department in all areas of development review, including the processing of a variety of development projects and entitlements, including commercial and residential projects, subdivisions, conditional use permits, building/development permit review, lake front developments, and the preparation of environmental documents. • County of Mendocino General Plan Update. Providing support services for PMC's update to the County General Plan. Tasks have included preparation of Background Report sections involving land use, surface mining, housing and economic development, and facilitation of General Plan workshops. • City of Fort Bragg, Speaal Projects and Planning Support Special research projects and current planning support including processing of complex development applications, General Plan implementation, and Coastal Zone permiftirg and design review. Assisted the Ciry in the development of a bilingual community survey for (he redevelopment of the former Georgia-Pacific mill site. • County of Solano, SMARA Coordinator. Has provided support service for processing of mining applications, conducting inspections of quarry and gravel surface-mining operations, and mitigation monitoring duties. Previously functioned as the County's SMARA Coordinator. Also responsible fa processing subdivision and other development applications. • County of Butte, SMAPA Compliance Inspector. Currently assisting the County with the required annual SNIARA inspections of various mine sites throughout the County, which include hard rock quarry mines, sand and gravel surface mining operations, including the review of annual cost estimates and financial assurance mechanisms. • County of Mendocino, SMARA Compliance. Cunently assisting the County with the processing of various surface minirg entitlements, including serving as the Project Manager for the Hanis Ouarry E>aransion project involving the removal of up fo 18-million cubic yard of rock over a 65-year period. Responsible for the management of the EIR consultant on behalf of the County, including the processing of the associated entitlements. Additionally, providing assistance to the County in the review of annual cost estima(es required under SMARA as well as reviewing and assessing financial assurance instruments for existing surface mining operations in the County. Additionally, responsible for the processing of a major coastal permits for the establishment of a new public school, as well as various subdivision applications. • County of Kern, Service Rack-Garlock Pit EIR. Project Manager for the preparation of an Environmental Impact Repal (EIR) for the establishment of a new sand and gravel surface mine in eas(ern Kern County, which includes a tone change, conditional use permits and reclamation plan for the removal and processing of up to 26-million cubic yards of sand and gravel, including the establishment of an asphalt batch plant. City of Willows. Project Manager responsible for supervising PMC contrac( planning staff, which provides both current and comprehensive planning services to (he City, including entitlement processing and environmen(al review. Also responsible for assisting the City in preparing a vesting tentative map ordinance, and associated environmental documentation. City of Cloverdale. Project Manager responsible for supervising PMC contrac( planning staff, which provides both current and comprehensive planning services to the Ciry, including entitlement processing and environmental review. Page 2 Ignacio (Nash) 6orvalez, AICP Project Director • City of Healdsburg, Associate Planner. Administration of current planning functions in the Planning and Building Department including Design Guidelines, Conditional Use Permits, Variances, project development, Code interpretation ~ and Code compliance. Served as Zoning Administrator responsible for Zoning Code analysis and amendments. • Mendocino County, Planner Vll. Project Coordinator for the preparation of specific plan and EIR fa 1,100 residential unit ~ and commercial development in north Ukiah. Lead Staff Planner for preparation and monitoring of SMARA program, ~ including the preparation of the County's Surtace Mining Ordinance. Development Code reviews and amendments. "'~ Professional Affiliations ~! American Planning Association American Institute of Certified Planners ~ California Certificate in Surface Mining Inspection from OMR Federal Safety Training Certification as a Mine Inspector from NSHA A A w w w w n A ~ Page 3 A ~~.- ao- Daniel Hamilton, AICP srp Project Advisor .4 ~ Education ~ M.U.P. Urban Planning, University of Kansas ~ B.A. Architectural Studies, University of Kansas ~ B.A. Philosophy, University of Kansas • Experience and Current Responsibilities ~ Mr. Hamilton is a Senior Project Advisor with PMC, bringing more than ten years of experience to California cities, counties, and • LAFCos. He specializes in the provision of long range plans and processes, LAFCo services, and CEOA compliance. Mr. Hamilton has significant experience in the preparation and management of General Plans, Specific Plans, Municipal Service Reviews, ~ Annexation and SOI Update Processing, Environmental Impact Reports, Mitigated Negative Declarations, and special studies. He ~ has served as a LAFCo Executive Officer and provided consulting assistance fo more than 50 local governments. His wok experience spans seven states and includes work as both a municipal planner and a consulting planner. A Previous Project Experience rrfi California ErMronmenW Quaflty Act (CEDA) ~ City of Ceres, Mitchell Ranch Center EIR -Project Manager for the environmental review of a Wal-Mart Supercenter ~ anchored retail center development. The projec( faced a significant public opposition, as well as a high standard of ~ analysis for all environmental topic areas. The project included creative mitigation measures, including underground retention of stormwater, tree preservation on site, and a redesigned site layout to protect surrounding residential uses. ~ County of Yuba, Bear River EIR -Project Manager for the review of a proposed 550-acre addition to the Plumas Lake Specific Plan. The project includes construction of 2,200 homes, 15 acres of commercial development, and sites for ~ schools, parks, drainage facilities, and open space. ~ Tracy Joint Unified Sctaol District, IGmball High School EIR -Project Manager for the environmental review of a new ~ high school for the District to accommoda(e 2,400 students. The EIR includes analysis of annexation to the City of Tracy, in addition to air quality, noise, circulation, utilities, services, and biological issues. r>R R City of Merced, Mercy Medical Center EIR -Project Manager for the environmental analysis of twin 148-foal hospital towers, along wi(h medical office buildings, a helipad, parking garages, and associated improvements. Major project ~, impacts included aesfhefics, conversion of agricultural lands, noise generation, safety, wetlands, and circulation. ~• Sierra CommuniryCollege Distrid, Twelve Bridges Campus EIR-Project planner for the analysis of a proposed join(-use ~ campus for Sierra College and the Western Placer Unified School District. Major issues associated with the project _ included aesfhefics, transpodation, noise, hydrology, biology, and provision of public utilities. f.3 Addihonal Roiects • Los Rios Community College District, Sac City College TAP Master Plan FEIR t~ City of Vacaville, Southtown EIR ~) • Amador County Unified School Distrid, Sutter Creek Transportation Facility MND /~ r PMC:' ~~~..~. c c~ Daniel Hanilton, AICP Project Advises • Los Rios Community College District, CRC Secudty Building MND • Amada County USD, Plymouth Day School Environmental Hazards Report • Rocklin USD, Rocklin Elementary School MND • Rocklin USD, 2nd Comprehensive High School EIR • Roseville JUSD, FGgh School E~ansion MND • Loomis Union School Distrid, Grammar School Expansion MND • Loomis Union School Distrid, GrammarSchool Rail RiskAssessment • City of Lakeport, Adamson Annexation MND • County of Nevada, Deer Creek Park II EIR • City of Modesto, Virginia Avenue Spedfic Plan EA/MND • City of Grass Valley, Sierra Nevada Memorial Hospital EIR • City of Lodi, Housing Element EIR LAFCo E~erience • Humboldt LAFCo, Executive Officer Services -Executive Officer for the LAFCo of Humboldt County, processing applications far the creation of a new CSD, annexations, and related services to the Commission. Responsible for preparing staff report, conducting public meetings, and processing applications as (hey are submitted. • Yolo LAFCo, City of Davis Municipal Service Review and SOI Update -Project Manager for the review of all municipal functions of the City of Davis. This analysis provided growth projections, established adequacy of City services, established a new Sphere of Influence line, and coordinated public outreach to the City residents during the process. • Stanislaus LAFCo, City of Ceres MSR- Project Manager for the analysis of general government services for the Cify of Ceres. This review provided an analysis based on the local requirements of the Stanislaus LAFCo to include a full MSR, a master service element, and SOI update. The project included significant review and determinations regarding emergency services, water availability, sewer design issues, and other factors. • Placer LAFCo, Area Three Comprehensive MSR -Responsible for review of all public services within eastern Placer County. This study included review of seventeen service disfric(s, with overlapping services and several multi-county districts. This review included significant growth management issues and review of inappropriate boundaries. Additicnal Protects • take LAFCo, Water, Fre and Emergency Service Rovidars MSRs • Solano LAFCo, Cemetery Services, Recreation, Mosquito Abatement, and Sewer MSRs • City of Elk Grove, CA, On-call Annexation and SOI assistance • City of Rancho Cordova, CA, On-call Annexation and SOI assistance Page 2 Daniel Hamilton, AICP Project Advises • Nevada LAFCo, East and West County General Government Services MSRS • Butte (AFCo, Water and Wastewater Services MSRs • Fresno IAFCo, CSA, CSD, and CWA MSRs • EI Dorado LAfCo, Streets and Highways MSR • City of Rio Vista, Citywide MSR • City of Lakeport, Annexation Review, Plan for Services, • Sutter IAFCo, Comprehensive Countywide MSR • Riverside LAFCa, Vector Control Provider Analysis Planning Experience • City of Dixon, CA General Plan -Project Manager fa the comprehensive update to the City of Dixon General Plan. This project includes a full creation of a General Plan for the residents and staff of the City, provides policy direction regarding sustainability, community and economic development, housing needs, and open space and agricultural protection, among other areas. The process is producing significant community involvement and participation. • City of Chico CA General Plan -Task Manager for the creation of the land use and infrastructure e{ements of the Chico General Plan. Coordinating and developing policies regarding the land uses and ultimate buildout of the community. Working with City stall and LAFGo to determine appropriate policies regarding the City's Sphere of Influence, and coordinating infrastructure improvements to match proposed timelines for canmunity development. • City of Stockton, CA, Oakmoore Gateway Spedfic Plan Management -Project Manager for the City of Stockton on the preparation of a Specific Plan fora 614-acre intill site within northern Stock(on, Coordinated developer and applicant teams in the preparation of the land use alternatives, Specific Plan document, and associated EIR. • City of Modesto, CA, Iceman Business Park Specific Plan Management -Project Manager for the City of Modesto on the preparation of a Specific Plan Update for a business park in northern Modesto. Coordinated city staff and applicants in the preparation of the Specific Plan, EIR, and related technical documents. Additiorral Protects • City of Madera, CA, Madera ~Ilages Specific Plan Design Guidelines • City of Modesto, CA, Virginia Avenrx, Specific Plan • City of Chula Vista, CA, Midbayfront Spec'rfic Plan • County of EI Dorado, ConVact Senior Planning Staff Services • County of Platte, M0, Lard Use Plan • Parish of Lafayette, LA, Land Use Plan • City of Grain Valley, M0, Comprehensive Plan • City of Clearlake, W, Downtown ReNtalimfion Plan Page 3 Daniel Hamilton, AICP Project Advisor • Fort Leonard Wood, M0, Growth Management Plan Update • City of Blue Springs, M0, Highway 7 Revitalization Plan • City of Gladstone, M0, North Oak Corridor Revitalization Plan Professional Affiliations American Planning Association (APA) American Institute of Cer(ified Planners (AICP) Association of Environmental Planners (AEP) Page 4 • ~ Gary Pedroni • Project Manager • ~ Education ~ Master of City and Regional Planning; California Polytechnic State University, San Luis Obispo Bachelor of Science; Environmental Planning and Management, University of California at Davis ~ Experience and Current Responsibilities ~ Mr. Pedroni is a Senior Project Manager with PMC and hrings over 23 years of planning experience with public agencies to Pacific • Municipal Consultants (PMC). Mr. Pedroni specializes in both current and long range planning, town plans, specific plans, and CEOA compliance. He has served as project manager for the preparation of numerous planning documents, including ~ comprehensive General Plan updates, airport land use plans, area plans, specific plans, redevelopment plans, and EIRs. Mr. Pedroni possesses outstanding project management, writing and analytical skills. During his tenure with both Mendocino County ~ and the City of Rancho Palos Verdes, he reviewed and managed numerous development projects to ensure compliance with ~ requirements of local and stale jurisdic(ions, including the Coastal Act and the Local Coastal Plan Programs (LCPs). ~ Relevant Project Experience • City of Santa Rosa, Project Planner. Providing contract planning services for the City's Planning Department. Duties ~ include the processing of a variety of projects, including General Plan Amendments, Rezonings, conditional use permits, ~ variances, and design review. Also assisting the City with ongoing mitigation monitoring relative to cultural resources associated with a residential development. • Orange Caurdy. Completed an in-depth review of Orange County records related to mining opera(ions within the County. Prepared a SMARA mine audit and report for Orange County with recommendations Io facilitate SMARA compliance. • Tawn of Corte Madera, General Plan Update and Program EIR. Assisting in the comprehensive update to the General Plan involving the preparation of policy programs and implementation measures. The update focused on revisions to all ~ guiding goals and policies, and includesdevelopment of a community trails and bikeways plan. ~ City of wllits, Contract Planning Staff. Serving as Co-Project Manager for the Comprehensive Update of the City's Land ~ Use and DevelopmenVZoning Cade. Also served as Project Manager for a comprehensive update fo the City's Bikeway Plan. The update included the preparation of polices and goals as well as implementation measures and funding ~ programs. ~ City of Cloverdale, General Plan Update and Program EIfl. Serving as Project Manager for the preparation of the Program ~ EIR for the City's General Plan Update. The EIR includes an analysis of wafer, infrastructure, transportation, land use and . hillside development Also responsible for the preparation of environmental documentation associated with Ciry infrastrucWre projects. . City of Ukiah, Contract Planning Staff. Providing contract planning services fa the City's Planning Department. Duties include preparing initial studies and staff reports for a wide array of projects, including residential, commercial, ~ industrial, and mixed-use development proposals, as well as design review. ~ City of Clearlake, Project Manager. Responsible for coordinating all current planning functions, and the processing of all ~ development projects. Primary focus includes all entitlement review and processing, including General Plan amendments, rezonings, conditional use permits, variances and water fronUlake shore developments; the preparation of ~ environmental documents, including Initial Studies, Negative Declarations, as well as the supervision and training of . junior staff. PMG° ~. a Gary Pedroni Project Manager Current and Previous Experience • PMC: ProjectManaper. Mr. Pedroni performs duties as detailed above in "Relevant Project Experience" • Mendocino County: Planner II, Planner III, Senior Planner. Mr. Pedroni's current and advance planning duties included: co-manager of County-wide General Plan Update, co-manager of County Redevelopment Program. Mr. Pedroni was instrumental in coordinating a redevelopment project team and served as the primary liaison between the project team and the decisions makers which resulted in the adoption of the County's first Redevelopment Plan. He served as lead planner for complex projects and studies including specific plans, community/area plans, EIR preparation/review, airport plan development and implementation, division budget preparation. He acted as a liaison between numerous citizen groups and the County Planning Commission and Board of Supervisors. Mr. Pedroni continued his education and focused upon computer applications. He acted as Departmental Environmental Coordinator, routinely made oral and written presentations to the County Board of Supervisors, Planning Commission, and Citizen Advisory Groups, and coordinated complex project review with numerous levels of government agencies, including the California Coastal Commission. Mr. Pedroni acted as chairperson or staff for special committees and commissions such as the Airport Land Use Commission, Archaeological Commission, Subdivision Committee and Zoning Administrator. He formulated work programs, drafted grant proposals, and administered project budgets. He also provided code enforcement duties with respect fo zoning code violations throughout the County. • City of Rancho Palos Verdes: Assistant Planner. Mr. Pedroni's current and advance planning duties included staffing of public counter and phones. He was responsible for the preparation of staff reports for written and oral presentations to the Planning Commission and Cify Council. Mr. Pedroni conducted extensive design review, view impact analysis, architectaal review, including Trails network planning and related city planning duties, including the processing of various entitlemen(s. • Landscape Contractor. Prior to becoming a land use planner, Mr. Pedroni was previously aself-employed landscape contractor. Through his experience as a landscape contractor, Mr. Pedroni is well versed with the design, review and interpretation of landscape vegetation and architectural plans, as well as irrigation plans, and a wide array of wafer conservation methods. Certificates Mine Safely and Heal(h Administration Training Certificate: Certified November 28, 2007. Page 2 .~ Kim Voge, AICP ~ Project Analyst ~ Education A Master of Urban Planning, University of Washing(on, Seattle, CA ~ B.A., Environmental Studies and Planning, Sonoma State University, Sonoma, CA A ~ B.A., Economics, University of California at Santa Cruz, Santa Cruz, CA ~ Experience and Current Responsibilities ~ Current Planning, County of Sonoma. Process planning applications from start to finish. Projects include variances, minor A subdivisions, use permits, adminisVative design review, and certificates of modification. Work includes environmental review, interface with appf+cants and all relevant City departments and outside agencies, and presenting projects at staff meetings, advisory ~ boards, and public meetings. ~ Relevant Pro'ect y 1 Experience • Variance. Second dwelling unit in side yard setback. Prepared and presented staff reports for Planning Commission. • Valiance. Residential addition in creek setback. Prepared and presented staff report to Waterways Advisory Committee. Application withdrawn due to staff recommendation for denial. • Variance. Future residential development in creek setback. Prepared staff report fa Waterways Advisory Committee. Application withdrawn due staff recommendation for denial. ~ 2-Lot Subdvisions. Prepared staff repafs and presented the projects to Subdivision Committee. • 3-Lot Subdivision and Hillsi~ Development Permit. Prepared Initial Study and Negative Declaration. Prepared and presented staff reports for Development Advisory Committee and Planning Commission. • 14-Lot "Small Lat" Subdivision. Prepared Initial Study and Negative Declaration Prepared and presented staff reports ' for Development Advisory Committee and Planning Commission. • Anner~ion and Premning, Conducted Sentiment Survey for surrounding properties. Prepared and presented Initial ' Study, Planning Commission staff report, and City Council staff repafs. • Large Gas Station. Prepared Initial Study and Mitigated Negative Declaration. Prepared and presented staff repafs to ' Planning Commission and Cify Council. ~ General Ptan Amendment to Allow Warehouse Excansian. Prepared Initial Study and Mitigated Negative Declaration. ' Prepared and presented staff reports for Planning Commission and City Council. ~ General Plan Amendment to change 10 acres of Light Industrial land to Medium Density Residential. Prepared Initial Study and Negative Declaration. Prepared and presented staff reports for Planning Commission and City Council. • General Plan Amendment to Remove Proposed Neighborhood Park Symbol from Land Use Map. Prepared Initial Study and Negative Declaration. Prepared s(aff report for Planning Commission. 1 1 PMG" k. ~.,.:.. IGm Vage, AICP Project Analyst 4-Unit Apartment Building. Presented the project to the Waterways Advisory Board, Zoning Administrator, and Design Review Board (upon appeal). • Condominlun Carnersions and Mohile Home Park Cornersions. Project planner for almost all conversion applications for one year. Previous F~erience • Planning Consultant. Ms. Voge processed planning applications from start to finish for the Cify of Santa Rosa. Projects included variances, use permits, design review, hillside development permits, subdivisions, annexations/prezoning, rezoning and general plan amendments. Work included environmen(al review, in(erface with applicants and all relevan! City departments and outside agencies, and presenting projects a! staff meetings, advisory boards, and public meetings. • Associate Planner. Ms. Voge wrote and presented staff reports for the City of Cotafi's Staff Review Committee, Design Review Committee, Planning Commission and Cify Council. She also Prepared environmental documents in accordance with the California Environmental Duality Act (CEDA) and assisted the public with zoning, planning, tree removal, flood zones, etc. and project applications. • Station Area Planning Intern. Ms. Voge developed prototypes for transit-oriented development pranofional and educational brochures, collected station area data from local jurisdictions and Interviewed experts regarding the process of TDD. Par(icipants included a real estate developer, redevelopment specialists, a city manager, local planners, and neighborhood representatives. • Transit Specialist. Ms. Voge contributed to the 1999 Short Range Transit Plan update, monitored contractor performance M and calculated quarterly bonuses based on contract cri(eria. She also drafted performance s(andards for paraVansit contractor and established a ridership database in M.S. Access. ~ • Planning Intern. Ms. Voge assisted project environmental review according to CEDA guidelines, wrote and presented ~ staff reports and conducted research for city projects such as traffic calming, skateboard parks, and newspaper racks. Ms « Voge also assisted the public at the permit counter. • ErrvironmenW Specalist Intern. Ms. Voge coordinated the Agency's response to project referrals (CEDA review), ~ conducted a review of the previous five years of mitigation moniforirg and created a database of mitigation measures in Excel. • ResearchAssisfant. Ms. Voge contributed to the Sonoma County Regional Housing Database by comparing the housing ~ policies and achievements of local jurisdictions. r M Page 2 _ rallll sir Danny Yeung ~M Project Malyst ~ Education ~ B.S., Environmental PolicyAnalysis and Planning, concentration in City & Regional Planning, University of California at Davis ~ B.A., Economics, University of California at Davis ~ Experience and Current Responsibilities ~ As an Assis(ant Planner for PMC, Mr. Yeung's responsibilities include the research, analysis, and preparation of Municipal Service . Reviews, Sphere of Influence updates, annexations, special district formation, municipal incorporation, special studies, General Plans, Specific Plans, policy development, and CEDA Environmental Impact Reports. He has significant experience in preparing + Municipal Service Reviews, Specific Plans, Mitigated Negative Declarations, special studies, and ensuring compliance with state and federal environmental regulations. In addition, he also has experience in public ou(reach projects. ~ Relevant Project Experience ~ Local Agency fromution Commission (LAFCo) E~erience ~ Municipal Service Review, Panfwrdle MSR, City of Sacramento. Mr. Yeung has prepared a MSR for the city in order to annex and provide municipal services Io a residential and commercial planned unit development. His areas of analysis ~ include water, wastewater, drainage, flood protection, solid waste, parks, roadways, and other services, provided by the city and special districts. ~ Sphere of Inflrrence Amendment/Municipal Service Review, Urban Study Area, City of Elk Grove. Mr. Yeung is currently assisting the Cify of Elk Grove in expanding their SOI to include a large area for probable future growth. He is guiding the City through the SOI amendment process to ensure a successful approval. His analysis in the NSR includes an analysis . of multiple service providers. ~ Sphere of Influence Update/Municipal Service Review, City of Davis, Yolo LAFCo. Mr. Yeung is currently preparing a • MSR of the seances provided by the City of Davis. His areas of analysis will include a focus on out-of-agency agreements, projected growth and growth restrictions, special agricultural and open space provisions, and the City's ~ unique relationship with UC Davis. ~ Sphere of Influence AmendmenVMunirfipal Service Review, City of Ceres. Mr. Yeung is cunently preparing a SOI Amendment and related MSR for the Cify of Ceres. His analysis will focus on the municipal services and growth of various areas. • Municipal Service Review/Annexation Services, City of Rio Asia. Mr. Yeung has assisted the city with the annexation of the former Army Reserve Base to be redeveloped for public research and recreational facilities. He has conducted ~ research and made recommendations to expedite the process of annexation shortly after the completion of the municipal • service review and the comprehensive annexation plan. ~ Annexation Services, City of Rancho Cordova. Mr. Yeung is assisting the city with annexations, such as a commercial . and industrial area just outside of their city limits. He has conducted research to assist in a comprehensive marketing and public relations campaign fo encourage affected parties to support the proposed annexation. He has also conducted r research, analysis, and recommendations for tAFCo policy developments Thal have the potential to affect the city. His focus was on agricultural preservation and open space policies. r ~ PMC~ Danrry Yeung oq Project Analyst • Multiple Municipal Service ReNews/S01 Updates, Fresno tAFCo. Mr. Yeung has prepared several MSRs for community ~ service districts, water districts, county water districts, and public utility districts in Fresno County. • Roadway Services Municipal SeMce Reviews, EI Dorado LAFCo. Mr. Yeung has prepared MSRs for all the streets and ~ roadway service providers within EI Dorado County, including cities and special districts. rr! • General Govemmentil SerNces Municipal Service Reviews, EI Dorado LAFCo. Mr. Yeung has assisted in the preparation ~ of MSRs for several general governmental services providers within EI Dorado County. The services provided by cities and special dis(ricts reviewed includes parks & recreation, sbeef lighting, landscape maintenance, law enforcement, ~ storm drainage, and solid waste services. « • Annexation Services, City of Lakeport. Mr. Yeung has assisted with reviewing and creating a plan for services to update ail the Sphere of Influence for the City. He has researched and analyzed the issues and levels of services regarding police, ~ tire, water, sewer, storm drainage, and transportation services provided by and available to the city. • Mosquito Abatement Municipal Service Review, Solano LAFCo. Mr. Yeung has assisted with the preparation of a municipal service review of mosquito abatement services provided to the county. Mosquito & Vector Control Services Study, Riverside LAFCo. Mr. Yeung has conducted a study of the all mosquito and • vector control service providers within Riverside County. He is reviewing the effectiveness of the MVC service providers • and making recommendations fo improve services and public outreach in response to the 2004 Wesf Nile Virus outbreak ~ in the county. • Full County Municipal Service Reviews, Sutter LAFCa. Mr. Yeung has assisted with the preparation of several MSRs for A various storm drainage service providers within Sutter County. • Contract Stiffing, Humboldt LAFCo. Mr. Yeung is currently assisting Humboldt LAFCo with general LAFCo services, including assisting in processing a community servicesdistrictformation and a city annexation. Ernironmentil Er~erience CEOA Mitigated Negatlve Declaration, City of Lakepod. Mr. Yeung has assisted with the preparation of a mitigated negative declaration for amending the prezoning and annexation of an area. He focused on developing appropriate mitigation measures for city services as a result of the findings from the fiscal impact analysis. • Ernironmental Impact Report, Mitchell Ranch Center, City of Ceres. Mr. Yeung is currently preparing an EIR tar the Mitchell Ranch Center project, which proposes to construct a Wal-Mart Supercenter. His areas of focus includes public services and utilities. • Environmental Impact Report, The Vineyards at Anderson, City of Anderson. Mr. Yeung has assisted with the preparation of an EIR for the Vneyards at Anderson project, a tentative subdivision map for 721 residential lots, a specific plan, a general plan amendment, a sphere of influence amendment, annexation, rezone, prezone, and annexation. His analysis focused on analysis of agricultural impacts pertaining to tAFCo and conducing a LESA model analysis of the farmlands. Planning Expedence • Speafic Plan Services, IGerr>an Business Park Specific Plan, City of Modesto. Mr. Yeung is currently reviewing a Specific Plan for the City of Modesto. He is ensuring that the Specific Plan far the development of a business park, mixed use, and residential land uses will be Incompliance with relevant planning laws and consistent with General Plan policies. Page 2 ~ ,u I Danny Yeung Project Analyst r • Planning Services, EI Dorado County. Mr. Yeung has assisting with planned development, rezoning, general plan land use amendments, and parcel map subdivisions by preparing staff reports for the planning commission. His analysis includes ensuring compliance with the County's General Plan, Subdivision Ordinance, and environmental regulations. He includes appropriate conditions of ~proval and design waivers. in addition, he also prepares CEOA Initial Studies and Mitigated Negative Declarations for (he various development projects occurring throughout [he county. • Zoning Code Updates, Ciry of Rancho Cordova. Mr. Yeung is currently assisting the City with research on possible zoning code updates to address cer(ain code enforcement issues. ~ Professional Affiliations ~ Member, American Planning Association (APA) s • s s s s w • Page 3 i i ITEM NO. tOf DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION OPPOSING MEASURE 98 AND SUPPORTING MEASURE 99 ON THE JUNE 2008 BALLOT RELATED TO EMINENT DOMAIN AND OTHER MATTERS RELATED TO THE TAKING OF PRIVATE PROPERTY FOR PUBLIC PURPOSES Submitted for discussion and direction at the April 2 Council Meeting were a Summary of the California Property Owners and Farmland Protection Act, Proposition 98, and a Summary of the Homeowners and Private Property Protection Act, Proposition 99 provided by the League of Cities. The League also provided sample resolutions urging Cities to Oppose Prop 98 and to support Prop 99. In addition, a letter presented by the Howard Jarvis Taxpayers Association to the State for title and summary related to Prop 98 and a letter from the League requesting same in relation to Prop 99 were also included. The text of the measures is included again in these attachments. Councilmember Baldwin had asked that Council have an opportunity to review and discuss these two measures. The City Manager had also included the two resolutions recommended by the League of Cities for review as well. Continued on page 2 RECOMMENDED ACTION: That the Mayor and Council adopt the Resolution opposing Measure 98 and supporting Measure 99 on the June 2008 Ballot. ALTERNATIVE COUNCIL POLICY OPTIONS: Reconsider the position and not adopt the proposed Resolution. Citizen Advised: Farm Bureau Requested by: Councilmember Baldwin Prepared by: Pat Thompson, Interim City Manager Coordinated with: Linda Brown, City Clerk, and David Rapport, City Attorney Attachments: 1. City of Ukiah Resolution to Oppose Proposition 98 2. City of Ukiah Resolution to Support Proposition 99 3. California League of Cities Summary of Prop. 98 4. California League of Cities Summary of Prop. 99 5. Proposition 98 6. Proposition 99 ~ ~_.~ APPROVEb>_ __ ~~GL%~-~~~~~ Pat Thompson, Interim City Manager Because the two ballot measures both address the power of eminent domain, it was noted to be imperative to read each thoroughly. In the name of restricting the power of eminent domain, Prop 98 imposes broad restrictions on the power of state and local government to take actions that affect the use and value of real property. In addition to preventing the use of eminent domain to take any private property, whether developed for residential or commercial purposes, for the use of a private person or entity, it also will prohibit taking private property for uses which would be considered public uses under current law, such as for "the consumption of natural resources." It would prohibit the " ...regulation of ...privately owned real property ... in order to transfer an economic benefit to one or more private persons at the expense of the property owner." This could include a zoning decision which prevents a use of private property, the prevention of which could enhance the value of neighboring properties. Prop. 98 prohibits rent control, except for units subject to such controls in January 2007, which remain occupied by a tenant who lived in the unit on or before that date. It will take the courts years to determine the full impact of this proposition and will very likely tie up local government land use actions in litigation or the threat of litigation in the meantime. Prop 99 is not as far reaching as Prop 98 and does not use concern over the government's use of eminent domain to change the rules governing local land use regulation for the protection of the public health, safety and welfare. Prop. 98 is limited to preventing what happened in the US Supreme Court decision in Kelo v. City of New London„ by prohibiting the use of eminent domain "to take an owner-occupied home to transfer it to another private party." At the April 2 meeting the City Council directed staff to bring back this item to the April 16 meeting to consider adoption of a Resolution to oppose Proposition 98 and support Proposition 99. ATTACHMENT_,[_ RESOLUTION NO.2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN OPPOSITION TO PROPOSITION 98, "SUMMARY OF CALIFORNIA PROPERTY OWNERS AND FARMLAND PROTECTION ACT", FOR THE JUNE 2008 BALLOT WHEREAS, a constitutional amendment ballot measure, Proposition 98, will appear on California's June 2008 ballot; and WHEREAS, Proposition 98 proponents want voters to believe the initiative is about eminent domain, but in fact the measure contains hidden agendas and flawed language which will eliminate rent control and other renter protections, threaten development of public water projects, stymie local land use planning and impair our ability to protect the environment; and WHEREAS, the majority of the funding to qualify this measure comes from wealthy apartment and mobile home park owners who are attempting to trick voters into abolishing rent control and other renter protections, thereby jeopardizing an important affordable housing tool to protect working families, seniors, single-parent homes, veterans and others; and WHEREAS, provisions in the initiative would also preclude the use of eminent domain to acquire land or water to develop public water projects that are needed to provide our residents, businesses, farmers and economy with a reliable and safe supply of water; and WHEREAS, Proposition 98 is opposed by the Association of California Water Agencies and the Western Growers Association, who warn the initiative will impair water projects to protect water quality and supply; and WHEREAS, language in the initiative will also prohibit the passage of regulations, ordinances, land use and other zoning laws that enable local governments to plan and protect communities; and WHEREAS, the California Police Chiefs Association opposes the measure because it threatens their ability to keep communities and the public safe; and WHEREAS, leading environmental groups warn provisions in the measure would impair our ability to enact environmental protections such as laws that control greenhouse gas emissions, preserve open space, protect coastal areas, and regulate development; and WHEREAS, the Noon Proposition 98 campaign is represented by the League of California Cities, California State Association of Counties, League of California Homeowners, California League of Conservation Voters, California Alliance for Retired Americans and other leading state and local associations who oppose Proposition 98. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the CITY OF UKIAH that we hereby oanose Proposition 98 on the June 2008 ballot. NOW, THEREFORE, BE IT FURTHER RESOLVED that we authorize the use of our name by the No on Proposition 98 campaign in opposition to Proposition 98. We direct staff to fax a copy of this adopted resolution to 916.442.3510. PASSED AND ADOPTED this 16"' day of April, 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Linda C. Brown, City Clerk ATTACHMENT ~_ RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IN SUPPORT OF PROPOSITION 99, "SUMMARY OF THE HOMEOWNERS AND PRIVATE PROPERTY PROTECTION ACT", FOR THE JUNE 2008 BALLOT WHEREAS, in June of 2005 the US Supreme Court ruled in Ke/o v. New London that government could take a home through eminent domain to give to a private developer; and WHEREAS, since that decision more than 40 states have reformed their eminent domain Taws; and WHEREAS, California has failed to place a prohibition on the use of eminent domain to take homes for private development; and WHEREAS, Proposition 99, which will be on the June 2008 ballot, will prohibit government from using eminent domain to take an owner-occupied home to transfer to another private party; and WHEREAS, the protections in Proposition 99 directly address the issues in the Kelo decision and the measure does not contain any unrelated provisions that will result in unintended, harmful consequences for California; and WHEREAS, the League of California Homeowners supports this measure because it will provide ironclad protections for California homeowners; and WHEREAS, the Yes on Proposition 99 campaign is represented by a broad based coalition, including the League of California Cities, California States Association of Counties, League of California Homeowners, California League of Conservation Voters, California Alliance for Retired Americans and other leading state and local associations who support Proposition 99; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the CITY OF UKIAH that we hereby suo ort Proposition 99. NOW, THEREFORE, BE IT FURTHER RESOLVED that we authorize the use of our name by the Yes on Proposition 99 campaign in support of Proposition 99. We direct staff to fax a copy of this adopted resolution to 916.442.3510. PASSED AND ADOPTED this 16"' day of April, 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Linda C. Brown, City Clerk ATTACHMENT t~ Summary of California Property Owners and Farmland Protection Act, Proposition 98 The Howard Jarvis Taxpayers Association, the California Farm Bureau Federation and the California Alliance to Protect Private Property are sponsoring Proposition 98 on the June 2008 ballot, which would make major changes to laws governing use of property, including use of eminent domain and regulation of land use. The initiative would make the following changes to existing law: Governmental Regulations Affecting Price The initiative would define a regulation of property that limits the price a private owner may charge another person to purchase, occupy or use his or her real property as a prohibited taking for a private use. This would prohibit rent control ordinances and make unconstitutional inclusionary housing ordinances adopted in many California communities which require new housing development to include units affordable by low- and moderate-income buyers or renters. The effect of this provision on the inclusionary housing provisions of the Community Redevelopment Law is difficult to predict. Redevelopment agencies might still be able to bargain for the provision of affordable units as a condition of agency assistance, but they would not be able to impose such requirements as a matter of law. Limitation on Use of Eminent Domain for Consumption of Natural Resources In one of its provisions, the initiative would prohibit the use of eminent domain to "transfer the ownership, occupancy or use of private property...to a public agency for the consumption of natural resources..." This provision can be read, for example, to prohibit the use of eminent domain by a city to acquire new drinking water resources. The initiative would also prohibit the use of eminent domain if the public agency would use the property for "the same or substantially similar use as that made by the private owner." This provision would likely eliminate eminent domain as a tool to acquire conservation and open space easements. Regulation of Land Use The initiative requires a public agency to pay "just compensation" when it regulates the use of land if the regulation transfers an economic benefit from [he person who owns the land to another person. Under existing law, public agencies use their police power to enact regulations governing the use of privately owned real property. These regulations range from traditional zoning to nuisance regulations and include conditions imposed on the new development of property. Nearly all of these regulations have an economic impact. Some properties are benefited while others are burdened. Read literally, this provision would make unconstitutional virtually all regulation of land use unless just compensation is paid. Restrictions on the Use of Eminent Domain Property may not be taken and then transferred to a private party. For over 50 years, State and Federal Courts have held that the use of eminent domain by redevelopment agencies to eliminate conditions of blight is a public use. The initiative's definitions of "taken" and "private use" reverse those cases and prohibit the use of eminent domain where the ownership, occupancy or use of the property acquired is transferred to a private person or entity. This would end the use of eminent domain by redevelopment agencies except for public works projects. It would also prevent the use of eminent domain by other public agencies in public/private partnerships for facilities such as toll roads and privately-run prisons. Rent controlled units as of January 1, 2007, would be grandfathered, but only for so long as at least one of the tenants continues to live in the unit as their principal place of residence. 2. New definition of"iust comnensation." Existing law requires the payment ofjust compensation to the owner of property taken by eminent domain. "Just compensation" is defined in the Eminent Domain Law (a statute) as "fair market value." A body ofwell-established law interpreting the meaning of `just compensation" allows both public agencies and property owners to be reasonably certain about the value of property to be acquired. In large part because the value of the property is predictable, an acquisition usually does not require the use of eminent domain and rarely will an eminent domain case actually go to trial. The initiative would add a constitutional definition of `just compensation" that would prevail over this settled body of law. This will probably result in the need to have more frequent recourse to the courts to settle disputes over the meaning of `just compensation." Among the other changes that the initiative would make are the following: a. Just compensation would include an award of the property owner's attorney's fees if the jury awards one dollar more than the amount offered by the public agency. It is unclear which offer to purchase this provision refers to. b. Just compensation would include elements not currently recognized such as temporary business losses. Relocation and other business re-establishment costs would also be elevated to constitutional status, thereby perhaps abrogating existing statutes which place limits on the type and amount of such expenses for which compensation must be paid. Acguirine "immediate possession" of property made more complicated. Under existing law, after depositing with the court the estimated just compensation, a public agency can obtain possession of property prior to a final judgment based on a showing of an overriding need for the condemnor to take possession prior to final judgment If the property owner withdraws the deposit, he or she waives their right to contest whether the taking is for a public use but may still contest the amount ofjust compensation. The initiative would change this approach to prejudgment possession by permitting the property owner to contest both public use and just compensation after withdrawing the deposit. This would make the use of prejudgment possession more problematic for public agencies since they would still be at risk of being prohibited from taking the property (if [hey lose the right to take issue) rather than simply paying more for it. 4. Balance of Hower shifts. Under existing law, when a public agency makes findings in connection with the taking of property by eminent domain, those ftndings are entitled to strong presumptions of validity. Courts will overturn those findings only where the property owner is able to demonstrate a gross abuse of discretion, such as bribery or fraud. Courts are also limited to reviewing the administrative record before the public agency. These rules are rooted in concepts of separation of powers-the respect that co-equal branches of government have for the other's proceedings. The initiative would provide that a court must exercise its independent judgment and give no deference to the findings of the public agency. The court's inquiry would also not be limited to the administrative record, and so the property owner could introduce evidence of value and other matters not before the condemning agency at the time the decision to condemn was made. ATTACHMENT `{ Summary of the Homeowners and Private Properly Protection Act, Proposition 99 The Homeowners and Private Property Protection Act is an initiative constitutional amendment supported by substantially the same coalition of local government, environmental and business interests that opposed Proposition 90 in 2006. It will appear on the June 2008 ballot as Proposition 99. The initiative would make the following changes to existing law: Restrictions on the Use of Eminent Domain Under existing law, redevelopment agencies may acquire privately owned real property, including single- family homes, located in adopted redevelopment project areas found to be blighted under definitions found in the Community Redevelopment Law. Property thus acquired may be resold to private developers for redevelopment in order to eliminate blight. The ability of units of local government in California, other than a redevelopment agency, to use eminent domain to acquire property for resale to private parties is untested and unknown In California, the only existing, explicit statutory delegation of the power of eminent domain to acquire property for resale to private parties is found in the Community Redevelopment Law. This distinguishes California from a state such as Connecticut--where the recent case of Kelo vs. the City of New London was decided--that has specific statutory authorization enabling units of local government to use eminent domain for economic development purposes regardless of blight findings. California has no comparable enabling statute. The measure would amend the California Constitution to prohibit the use of eminent domain by the State or a local government to acquire an owner-occupied, single-family residence for transfer to a private person. "Owner-occupied residence" is defined as real property improved with a single family residence (including a condominium or townhouse) that is the owner's principal place of residence for at least one year prior to [he State or local government's initial written offer to purchase the property. This restriction would apply to the State and all units of local government, including redevelopment agencies. Exceptions The prohibition on the use of eminent domain to acquire single family, owner-occupied homes for resale to private parties would not apply to acquisitions for a public work or improvement. A public work or improvement is defined to include what have been traditionally viewed as public facilities that may be constructed or operated as public/private partnerships (e.g., toll roads). The limitations of the initiative would also be inapplicable when the State or local government exercises the power of eminent domain to abate a nuisance, protect public health and safety from building, zoning or other code violations, prevent serious, repeated criminal activity, respond to an emergency, or remediate hazardous materials. Effective Date [f passed, the measure would take effect the day following the election on June 3, 2008. The amendments made by this initiative shall not apply to the acquisition of real property if the initial written offer to purchase the property was made on or before the date on which it becomes effective, and a resolution of necessity to acquire the real property by eminent domain is adopted on or before 180 days after that date. Construction with Other Measures The initiative contains a provision that if it appears on the same ballot with another initiative measure dealing with the same or similar subject and both measures pass, this measure will prevail over the other if it receives more votes than the other measure. In such event, the provisions of the other measure will be null and void. Attuct~ment # .5 Propositions that are on the June 3, 2008 Statewide Direct Primary Election Ballot Initiative Constflutionat Amendment Proposition 98 1248. Government Acquisition, Regulation of Private Property. Constitutional Amendment. Proponents: Doug Mose6ar, Jon Coupal and Jim Nielsen (916) 444-9950 Bars state and local governments from condemning or damaging private property for private uses. Prohibits rent control and similar measures. Prohibits deference to govertunent in property rights cases. Defines "just compensation." Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. Requires government to offer to original owner of condemned property the right to repurchase property at condemned price when property is put to substantially different use than was publicly stated. Summary of estimate by Legislative Analyst and Duector of Finance of fiscal impact on state and local government: Increased costs to many governments due to the measure's restrictions. The fiscal effect on most governments probably would not be significant. (Initiative 07-0015.) Full Text HOWARD JARVIS TAXPAYERS ASSOCIATION HOWARD JARVIS, rounder (1903.1966) ESTELLE JARVIS, Honorary Chairwoman )ON CW PAL, President TREVOR GRIMM, General Counsel TIMOTHY AITTLE, Director of Legal Affairs 07-0015 May 1, 2007 Ms. Patricia Galvan, Initiative Coordinator Attorney General's Office 1515 K Street, 6`h Floor Sacramento, CA 95814 ~CE~1/~j MAY - 3 2t~7 Re: California Prooerty Owners and Farmland Protection Act INITIATIVE COORDINATOR ATTORNEY GENERAL'S OFFIr,E Dear Ms. Galvan: By this letter, we respectfully request the Attorney General to prepare a title and summary of the chief purpose and points of the California Property Owners and Farmland Protection Act, a copy of which is attached. The undersigned are the proponents of this measure. We also hereby withdraw Initiative No. 07-0003. Although our previous initiative and the attached proposal both deal with eminent domain and property rights, there are substantial differences between the two. Any correspondence regarding this initiative should be directed to Howard Jarvis Taxpayers Association, 921 Eleventh Street, Suite 1201, Sacramento, CA 95814 (916) 444-9950. The proponents' resident addresses are attached to this letter. Enclosed is the required $200 filing fee as well as the certification as required by Elections Code Section 18650. Thank you for your cooperation. Sincerely, Since{ely, Stincerely, Doug Mosebar Jod Coupal Jim Nielsen President, California Farm President Howard Chairman, Cal. Bureau Federation Jarvis Taxpayers ~rance to Protect Association ~'nvate Property Rights SACRAMENTO OFFICE: 92111th Streeq Suite ]201, Sacramento, CA 95879 • (916) 444-9950, Fax: (976) 444-9823 LOS ANGELES OFFICE: 6215outh Westmoreland Avenue, Suite 202, Los Angeles, CA 9W0&3971 • (2l3} 384-9656, Fax. (213) 384-9870 0 7- 0 0 1 5 SECTION 1. STATEMENT OF FINDINGS (a) Our state Constitution, while granting government the power of eminent domain, also provides that the people have an inalienable right to own, possess, and protect private property. It further provides that no person maybe deprived of property without due process of law, and that private property may not be taken or damaged by eminent domain except for public use and only after just compensation has been paid to the property owner. (b) Notwithstanding these clear constitutional guarantees, the courts have not protected the people's rights from being violated by state and local governments through the exercise of their power of eminent domain. (c) For example, the U.S. Supreme Court, in Kelo v. City of New London, held that the government may use eminent domain to take property from its owner for the purpose of transferring it to a private developer. In other cases, the courts have allowed the government to set the price an owner can charge to sell or rent his or her property, and have allowed the government to take property for the purpose of seizing the income or business assets of the property. (d) Farmland is especially vulnerable to these types of eminent domain abuses. SECTION 2. STATEMENT OF PURPOSE (a) State and local governments may use eminent domain to take private property only for public uses, such as roads, parks, and public facilities. (b) State and local governments may not use their power to take or damage property for the benefit of any private person or entity. (c) State and local governments may not take private property by eminent domain to put it to the same use as that made by the private owner. (d) When state or local governments use eminent domain to take or damage private property for public uses, the owner shall receive just compensation for what has been taken or damaged. (e) Therefore, the people of the state of California hereby enact the "California Property Owners and Farmland Protection Act." SECTION 3. AMENDMENT TO CALIFORNIA CONSTITUTION Section 19 of Article I of the California Constitution is amended to read: SEC. 19~ Private property maybe taken or damaged only for a stated public use and when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation. Private property may not be taken or damaged for private use. (b) For pumoses of this section: (1 i " i aken" includes transferring the ownership, occupancy, or use of property from a private owner to a public agency or to any person rn entity other than a public agency or limiting the price a private owner may charge another person to purchase, occupy or use his or her real property. "Public use" means use and ownership by a public a ency or a regulatedgublic utility for the public use stated at the time of the taking, including public facilities. public transportation, and public utilities, except that nothing herein prohibits leasing limited space for private uses incidental to the stated public use; nor is the exercise of eminent domain prohibited to restore utilities or access to a public road for any_private property which is cut off from utilities or access to a public road as a result of a taking_for public use as otherwise defined herein. (31 "Private use" means: ~,2 transfer of ownership, occupanc~or use ofprivateproperty or associated property rights to any person or entity other than a public aeency or a reg_ulated public utility; (iil transfer of ownership, occupancy or use of private property or associated property rights to a public seencv for the consumption of natural resources or for the same or a substantially similar use as that made by the private owner; or (iii) regulation of the ownership, occupancy or use ofprivately owned real property or associated property rights in order to transfer an economic benefit to one or more private persons at the expense of the property owner t4 "Public a@encv" means the state, special district, county, city. city and county, includine a charter city or county and any other local or reeional governmental entity municipal corporation public agencv-owned utility or utility district, or the electorate of any public agencv. Ll "Just compensation" means: i) for property or_associated~r~ertv riehts taken, its fair market value: (ii1 for property or associated property riehts damaged the value fixed by a jury or by the court if a jury is waived: (iiil an award of reasonable costs and attorney fees from the public aeency if the property owner obtains a iudement for more than the amount offered by a public agencv as defined herein: and ~v_) any additional actual and necessary amounts to compensate the property owner for temnorarybusiness losses, relocation expenses. business reestablishment costs. other actual and reasonable expenses incurred and other expenses deemed compensable by the Legislature. (61 "Prompt release" means that the propertxowner can have immediate possession of the money deposited by the condemnor without preiudicine his or her rieht to challenge the determination of fair market value or his or her ri hg t to challenge the takin ag s beine for a private use. ~l "Owner" includes a lessee whose property rights are taken or damaged. L) "Regulated public utility" means any public utility as described in Article XII, property owners for purposes of this article. (c) In any action by a property owner challeneing a takine or damaeina of his or her property the court shall consider all relevant evidence and exercise its independent judgment, not limited to the administrative record and without the court finds that the agency's actions are not in compliance with this section. In addition to other legal and equitable remedies that maybe available, an owner whose~roperty is taken or dama eg d for private use may bring an action for an injunction, a writ of mandate, or a declaration invalidating the action of the public a (~ Nothing in this section prohibits a public agencv or regulated public utility from entering into an agreement with a private roropertv owner for the voluntary sale. o~roperty not subject to eminent domain, or a stipulation regarding the payment of iust compensation. del If proroerty is acquired by a public agncy through eminent domain, then before the agencv mav~ut theproroertv to a use substantially different from the stated public use, or convey the property_to another person or unaffiliated agency. the condemning aeency_must make a good faith effort to locate the private owner market value of anv improvements, fixtures, or appurtenances added by the public agency, and reduced by the value attributable to anv removal, destruction or waste of improvements, fixtures or appurtenances that had been acquired with the decreased one as allowed herein, p]us any inflationary adjustments authorized by subdivision (bl of Section 2 of Article XIIIA. The right to repurchase shall amply only to the owner from which the property was taken, and does not apply to heirs or successors of the owner or, if the owner was not a natural person. to an entity which ceases to legally exist. Ifl Nothing in this section prohibits a public agency from exercising its mower of eminent domain to abate public nuisances or criminal activity: (gl Nothing in this section shall be construed to~rohibit or i~air voluntary agreements between a property owner and a public agency to develop or rehabilitate affordable housing. (h? Nothing in this section prohibits the California Public Utilities Commission from re ug latingpublic utility rates. (il Nothing in this secfion shall restrict the powers of the Governor to take or damage private roroperty in connection with his or her powers under a declared state of emergency. 4 SECTION 4. IMPLEMENTATION AND AMENDMENT This section shall be self-executing. The Legislature may adopt laws to further the purposes of this section and aid in its implementation. No amendment to this section may be made except by a vote of the people pursuant to Article II or Article XVIII. SECTION 5. SEVERABILITY The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SECTION 6. EFFECTIVE DATE The provisions of this Act shall become effective on the day following the election ("effective date"); except that any statute, charter provision, ordinance, or regulation by a public agency enacted prior to January 1, 2007, that limits the price a rental property owner may charge a tenant to occupy a residential rental unit ("unit") or mobile home space ("space") may remain in effect as to such unit or space after the effective date for so long as, but only so long as, at least one of the tenants of such unit or space as of the effective date ("qualified tenant") continues to live in such unit or space as his or her principal place of residence. At such time as a unit or space no longer is used by any qualified tenant as his or her principal place of residence because, as to such unit or space, he or she has: (a) voluntarily vacated; (b) assigned, sublet, sold or transferred his or her tenancy rights either voluntarily or by court order; (c) abandoned; (d) died; or he or she has (e) been evicted pursuant to paragraph (2), (3), (4) or (5) of Section 1161 of the Code of Civil Procedure or Section 798.56 of the Civil Code as in effect on January I, 2007; then, and in such event, the provisions of this Act ghall be effective immediately as to such unit or space. 5 Attc.c;i tment # ~ Propositions that are on the June 3, 2008 Statewide Direct Primary Election Ballot Inttiative Constitutional Amentlment Proposition 99 1251. Eminent Domain. Acquisition of Owner-Occupied Residence. Constitutional Amendment. Proponents: Christopher K McKenaie, Susan Smartt and Kenneth Willis c% Steve Lucas (415) 389-6800 Bars state and local governments from using eminent domain to acquire an owner-occupied residence, as defined, for conveyance [o a private person or business entity. Creates exceptions for public work or improvement, public health and safety protection, and crime prevention. Summary of estimate by Legislative Analyst and Duector of Finance of fiscal impact on state and local government: The measure would likely not have a significant fiscal impact on state or local governments. Qnitiative 07-0018.) 0 7- 0 0 1 8 May 10, 2007 VIA PERSONAL DELIVERY The Honorable Edmund G. Brown, Jr. Attorney General 1300 I Street Sacramento, CA 95814 Attention: Patricia Galvan, Initiative Coordinator ~t"cC~IVFp MAY 142007 INITIATIVE COORDINATOR ATTORNEY GENERAL'S OFFI!"' Re: Request for Title and Summary- Initiative Constitutional Amendment Dear Mr. Brown: I am one of the proponents of the attached initiative constitutional amendment. Pursuant to Article II, Section 10(d) of the California Constitution and Section 9002 of the Elections Code, I hereby request that a title and summary be prepared. Enclosed is a check for $200.00. My residence address is attached. I also withdraw Initiative No. 07-0006. All inquires or correspondence relative to this initiative should be directed to Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, 1415 L Street, Suite 1200, Sacramento, CA 95814; Attention: Steve Lucas (telephone: 415/389-6800). Thank you for your assistance. Sincerely, Christopher K. McKenzie, Proponent Enclosure: Proposed Initiative 0 7- 0 0 1 8 May 10, 2007 VIA PERSONAL DELIVERY The Honorable Edmund G. Brown, Jr. Attorney General 1300 I Street Sacramento, CA 95814 Attention: Patricia Galvan, Initiative Coordinator ~CEIV,~ MAY 14 2007 INITIATIVE C©pRDINATOR ATTORNEYGENERAL'SOFFlCE Re: Request for Title and Summary- Initiative Constitutional Amendment Dear Mr. Brown: I am one of the proponents of the attached initiative constitutional amendment. Pursuant to Article II, Section 10(d) of the California Constitution and Section 9002 of the Elections Code, i hereby request that a title and summary be prepared. Enclosed is a check for $200.00. My residence address is attached. I also withdraw Initiative No. 07-0006. All inquires or correspondence relative to this initiative should be directed to Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, 1415 L Street, Suite 1200, Sacramento, CA 95814; Attention: Steve Lucas (telephone: 415!389-6800). Thank you for your assistance. Sincerely, Susan St~artt, Proponent - Enclosure: Proposed Initiative 07-0018 VIA PERSONAL DELIVERY The Honorable Edmund G. Brown, Jr. Attorney General 1300 I Street Sacramento, CA 95814 May 10, 2007 Attention: Patricia Galvan, Initiative Coordinator ~,cE~vi~ MAY 1 42007 INITIATIVE COORDINATOR ATTORNEYGENERA~"S OFFICE Re: Request for Title and Summary- Initiative Constitutional Amendment Dear Mr. Brown: I am one of the proponents of the attached initiative constitutional amendment. Pursuant to Article II, Section 10(d) of the California Constitution and Section 9002 of the Elections Code, I hereby request that a title and summary be prepared. Enclosed is a check for $200.00. My residence address is attached. I also withdraw Initiative No. 07-0006. All inquires or correspondence relative to this initiative should be directed to Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP, 1415 L Street, Suite 1200, Sacramento, CA 95814; Attention: Steve Lucas (telephone: 415/389-6800). Thank you for your assistance. Enclosure: Proposed Initiative Sincerely, Kenneth ]lis, Proponent D7-0018 TITLE: This measure shall be known as the "Homeowners and Private Property Protection Act " SECTION 1: PURPOSE AND INTENT By enacting this measure, the people of California hereby express their intent to: A. Protect their homes from eminent domain abuse. B. Prohibit government agencies from using eminent domain to take an owner-occupied home to transfer it to another private owner or developer. C. Amend the California Constitution to respond specifically to the facts and the decision of the U.S. Supreme Court in Kelo v. City of New London, in which the Court he{d that it was permissible for a city to use eminent domain to take the home of a Connecticut woman for the purpose of economic development. ll. Respect the decision of the voters to reject Proposition 90 in November 2006, a measure that included eminent domain reform but also included unrelated provisions that would have subjected taxpayers to enormous financial liability from a wide variety of traditional legislative and administrative actions to protect the public welfare. E. Provide additional protection for property owners without including provisions, such as those in Proposition 90, which subjected taxpayers to liability for the enactment of traditional legislative and administrative actions to protect the public welfare. F. Maintain the distinction in the California Constitution between Section 19, Article I, which establishes the law for eminent domain, and Section 7, Article XI, which establishes the law for legislative and administrative action to protect the public health, safety and welfare. G. Provide a comprehensive and exclusive basis in the California Constitution to compensate property owners when property is taken or damaged by state or local governments, without affecting legislative and administrative actions taken to protect the public health, safety and welfare. SECTION 2: AMENDMENT TO THE CALIFORNIA CONSTITUTION Section 19 of Article I of the California Constitution is hereby amended to read: Sec. 19. (a) Private property maybe taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation. (b) The State and local governments are prohibited from acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person. (c) Subdivision (b) of this Section does not apply when State or local government exercises the power of eminent domain for the purpose of protecting public health and safety; preventing serious, repeated criminal activity; responding to an emergency; or remedying environmental contamination that poses a threat to public health and safety. (d) Subdivision (b) of this Section does not apply when State or local government exercises the power of eminent domain for the purpose of acquiring private property for a Public work or improvement. (e) For the purpose of this Section: I. "Conveyance" means a transfer of real property whether by sale, lease, gift, franchise, or otherwise. 2. "Local government" means any city, including a charter city, county, city and county, school district, special district, authority, regional entity, redevelopment agency, or any other political subdivision within the State. 3. "Owner-occupied residence" means real property that is improved with a single family residence such as a detached home, condominium, or townhouse and that is the owner or owners' principal place of residence for at least one year prior to the State or local government's initial written offer to purchase the property. Owner-occupied residence also includes a residential dwelling unit attached to or detached from such a single family residence which provides complete independent living facilities for one or more persons. 4. "Person"means any individual or association, or any business entity, including, but not limited to, a partnership, corporation, or limited liability company. 5. "Public work or improvement" means facilities or infrastructure jar the delivery ofpublic services such as education, police, fire protection, parks, recreation, emergency medical, public health, libraries, jIood protection, streets or highways, public transit, railroad, airports and seaports; utility, common carrier or other similar projects-such as energy-related, communication-related, water-related and wastewater-related facilities or infrastructure; projects identified 6y a Stale or local government jar recovery from natural disasters; and private uses incidental to, or necessary for, the Public work or improvement. 6. "State" means the State of California and any ojits agencies or departments. SECTION 3. By enacting this measure, the voters do not intend to change the meaning of the terms in subdivision (a) of Section 19, Article I of the California Constitution, including, without limitation, "taken," "damaged," "public use," and "just compensation," and deliberately do not impose any restrictions on the exercise of power pursuant to Section 19, Article I, other than as expressly provided for in this measure. SECTION 4. The provisions of Section 19, Article I, together with the amendments made by this initiative, constitute the exclusive and comprehensive authority in the California Constitution for the exercise of the power of eminent domain and for the payment of compensation to property owners when private property is taken or damaged by state or local government. Nothing in this initiative shall limit the ability of the Legislature to provide compensation in addition to that which is required by Section 19 of Article I to property owners whose property is taken or damaged by eminent domain. SECTION 5. The amendments made by this initiative shall not apply to the acquisition of real property if the initial written offer to purchase the property was made on or before the date on which this initiative becomes effective, and a resolution of necessity to acquire the real property by eminent domain was adopted on or before 180 days after that date. SF,CTION 6. The words and phrases used in the amendments to Section 79, Article I of the California Constitution made by this initiative which are not defined in subdivision (d), shall be defined and interpreted in a manner that is consistent with the law in effect on January 1, 2007 and as that law may be amended or interpreted thereafter. SECTION 7. The provisions of this measure shall be liberally construed in furtherance of its intent to provide homeowners with protection against exercises of eminent domain in which an owner-occupied residence is subsequently conveyed to a private person. SECTION 8. The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SECTION 9. In the event that this measure appears on the same statewide election ballot as another initiative measure or measures that seek to affect the rights of property owners by directly or indirectly amending Section 19, Article I of the California Constitution, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and each and every provision of the other measure or measures shall be null and void. ITEM NO. iog DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE VOTE OF SUPPORT FOR MEASURE B Background: On January 4, 2008 the City Council voted unanimously to request that the Board of Supervisors place a measure on the ballot for the repeal of Measure G and the adoption of the minimum state limits for medical marijuana. The letter of support is included as Attachment 1. On January 8 the Board of Supervisors voted to place a measure on the June 3, 2008 ballot for the repeal of Measure G and the adoption of the minimum state limits. The resolution for the election and the initiative to be voted on are included as Attachments 2 and 3. The item to be voted on at the June 3 election has been designated Measure B. Measure B, if adopted, will repeal Measure G and adopt the minimum state limits for medical marijuana. Senate Bill 420 provides that a qualified patient or primary caregiver may possess 6 mature marijuana plants and 8 ounces of dried marijuana. Further, if a patient has a recommendation from a physician for a greater amount, then the patient may have an amount consistent with the physician's recommendation. Several citizens spoke under Public Comments at the April 2 City Council meeting requesting that the Council take a position in support of Measure B. Council under "Council Reports" directed that this item be placed on the next agenda for further consideration. RECOMMENDED ACTION: Discuss and decide if the Council wishes to take a position in support of Measure B on the June 3, 2008 ballot. If Council desires to endorse Measure B they may do so by calling for a vote at the meeting. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Councilmember McCowen Prepared by: Linda Brown, City Clerk Coordinated with: Pat Thompson, Interim City Manager, Councilmember McCowen Attachments: 1. Letter to the Board of Supervisors urging repeal of Measure G and adoption of minimum state limits 2. Resolution calling for an election on the possible repeal of Measure G 3. Text of the measure to be voted on at the June 3, 2008 election _., l Pat Thompson, Interim City Manager Attc,chment # ~ January 7, 2008 Honorable Board of Supervisors 1 Mendocino County ,, 501 Low Gap Road Ukiah, CA 95482 RE: Repeal Of Measure G And Adoption Of The State Limits For Medical Marijuana Honorable Chair Wattenburger and Members of the Board: The Ukiah City Council, at a Special Meeting held January 4, voted unanimously (5-0) to support a ballot measure for the repeal of Measure G and adoption of the state guidelines for the cultivation and possession of medical marijuana. The Council also unanimously supports final adoption of the ordinance introduced December 11, 2007 which prohibits the cultivation of more than 25 plants per pazcel. Senate Bi11420 contains guidelines which provide ample protection for the rights of medical marijuana patients and cazegivers. If the threshold amounts aze not sufficient for the needs of a patient, then the patient may have an amount consistent with the recommendation oftheir physician. Medical marijuana patients do not need an artificially high plant count; they only need a recommendation from their physician. Measure G, despite claims about its original intent, has been used to defend commercial growing operations, including the growing of hundreds of plants by a single "cazegiver." The concentration of commercial growers in Mendocino County has resulted in well documented and widespread abuses. These abuses constitute an ongoing and increasing threat to the environment and to the health, safety and welfare of the citizens of Mendocino County. Measure G, however well intentioned it may have been at the time it passed, has made the marijuana problem in our County worse. We believe the repeal of Measure G will restore some sanity and balance to a situation that is clearly out of control. Opponents of Measure G claim that a groundswell of public opinion favors repeal, while proponents maintain that it retains widespread support. The only way to resolve these conflicting claims is to put the issue on the ballot and let the voters decide. Therefore, the Ukiah City Council encourages you to place a measure on the June ballot for the repeal of Measure G and the adoption of the state limits. S cerely, ~°~, Douglas F. Crane ~.•'~/' Mayor, City of Ukiah 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Attc,c;l-~ment # ~ RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MENDOCINO, STATE OF CALIFORNIA CALLING FOR AN ELECTION TO PRESENT TO THE VOTERS OF THE COUNTY A PROPOSED ORDINANCE TITLED "THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS" AND ORDERING CONSOLIDATION OF SAID ELECTION WITH THE STATEWIDE PRIMARY ELECTION CALLED FOR JUNE 3, 2008 WHEREAS, Elections Code section 9140 authorizes the Board of Supervisors to submit to the voters, without a petition, an ordinance for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding, regular or special election and, receiving the majority of votes cast, the ordinance shall be repealed amended, or enacted accordingly and, WHEREAS, on January 8, 2008, the Board of Supervisors of Mendocino County considered and voted by a majority vote to submit to the voters the Ordinance entitled "The Repeal Of Mendocino County Code Chapter 9.36 Cannabis Personal Use Ordinance For Mendocino County, And New Guidelines For Maintenance And Possession Of Medical Marijuana"; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors does hereby declare and order the proposed Ordinance, attached hereto as exhibit "A", to be submitted to a vote of the qualified electors of Mendocino County on the June 3, 2008 election in the following manner: 1. There shall be included on the ballot to be marked by all Mendocino County voters, in addition to any other matters required by law, a ballot measure in substantially the following form: Shall the ordinance titled "The Repeal Of (Measure G) Mendocino County Code Chapter YES 9.36 Cannabis Personal Use Ordinance For Mendocino County, And Adoption Of New Guidelines For Maintenance And Possession NO Of Medical Marijuana That Do Not Exceed The Minimum State Limits" be approved? A (+) placed in the voting square after "YES" shall be counted in favor of the adoption of the proposed ordinance. A (+) placed in the voting square after "NO" shall be counted against the adoption of the proposed ordinance. 2. The ballot to be used at the election shall be, both as to form and matter contained therein, such as may be required by law. 3. The County Clerk is hereby authorized, instructed, and directed to provide and furnish any and all official ballots, notices, printed matter, and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct this election. 4. The County Clerk is further directed to take the necessary and appropriate action to provide the election officers, polling places, and voting precincts. 5. In accordance with Elections Code section 9160, the elections official shall transmit a copy of the measure to the County Auditor and County Counsel. 6. In accordance with the provisions of the Elections Code of the State of California, the County Counsel is directed to prepare an impartial analysis of the measure. 7. The polls for this election shall be open during the hours required by law and this election, with respect to the foregoing ballot measure, shall be held and conducted as provided by law for the holding of County initiative elections. 8. Notice of the time and place of holding this election together with any other notices required by law shall be given by the County Clerk. 9. Arguments for and against the measure may be submitted in conformity with Elections Code section 9161, et seq. BE IT FURTHER RESOLVED that the Board calls an election of the measure described herein and orders the election to be consolidated with the statewide primary election called for June 3, 2008. The foregoing Resolution introduced by Supervisor ,seconded by Supervisor and carried this ,day of , 2008, by the following vote: AYES: NOES: ABSENT: WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED. ATTEST: KRISTI FURMAN Clerk of the Board JIM WATTENBURGER, Chair anu~r~rr~ '# 3 The People of the County of Mendocino ordain as follows: "THE REPEAL OF (MEASURE G) MENDOCINO COUNTY CODE CHAPTER 9.36 CANNABIS PERSONAL USE ORDINANCE FOR MENDOCINO COUNTY, AND ADOPTION OF NEW GUIDELINES FOR MAINTENANCE AND POSSESSION OF MEDICAL MARIJUANA THAT DO NOT EXCEED THE MINIMUM STATE LIMITS Section 1 Purpose. The purpose of this ordinance is to eliminate the abuses created by the increased and uncontrolled production of recreational and medical marijuana while protecting the rights of legitimate medical marijuana patients and primary caregivers. It does so by repealing Measure G and establishing guidelines for possession of medical marijuana for medical purposes that are consistent with state law. Section 2 Findings. On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996 known as Proposition 215, which permits seriously ill residents of the state, who have a doctor's recommendation, to use or possess marijuana for medical purposes without fear of criminal liability. Proposition 215 is codified in Health and Safety Code section 11362.5. 2. On November 7, 2000, the voters of Mendocino County approved an initiative known as Measure G (administratively codified as Mendocino County Code Chapter 9.36), the stated purpose of which was to establish a maximum limit of plants and weight for cultivation and possession of marijuana for personal medical and recreational use in Mendocino County, and prohibit the expenditure of public funds for enforcement of marijuana laws against cultivators and users in possession of quantities below that limit, which was identified by the Measure as twenty-fve (25) adult flowering female marijuana plants or the equivalent in dried marijuana. 3. On October 12, 2003, the Governor of the State of California signed SB 420. Codified in sections 11362.7 through 11362.83 of the Health and Safety Code, SB 420 was adopted to address implementation of Proposition 215 and to facilitate the prompt identification of qualified patients and their designated primary caregivers in order to avoid unnecessary arrest and prosecution of these individuals. 4. SB 420 establishes minimum guidelines for the maintenance and possession of medical marijuana. Health and Safety Code section 11362.77(a)-(f) provides that a qualified patient or primary caregiver may possess no more than eight (8) ounces of dried marijuana per qualified patient and that a qualified patient or primary caregiver may also maintain no more than six (6) mature or twelve (12) immature plants per qualified patient. If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's needs, the qualified patient or primary caregiver may possess an amount that is consistent with the qualified patient's needs. 5. Health and Safety Code section 11362.77(c) allows counties and cities to retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits. 6. On August 7, 2007, the Board of Supervisors, in accordance with Health and Safety Code section 11362.77(c) and recognizing the stated purpose of Measure G as it related to medical use only, adopted a policy, which allowed qualified patients or primary caregivers to maintain twenty-five (25) plants and to possess no more than two (2) pounds dried marijuana per qualified patient. 7. The effect of Measure G has been to increase public safety issues surrounding the uncontrolled production of marijuana either for medical or recreational use, and has jeopardized the health, safety and welfare of the people of Mendocino County. Section 3 Repeal Of Mendocino County Code Chapter 9.36. Mendocino County Code Chapter 9.36, Cannabis Personal Use Ordinance for Mendocino County, is hereby repealed. Section 4 Limits For Possession Of Marijuana For Medical Purposes. A qualified patient or primary caregiver may possess or maintain for medical purposes only those amounts as set forth in Health and Safety Code section 11362.77 and as amended by State or Federal legislation. Section 5 Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. ITEM NO. ioh DATE: Aori116.2008 UKIAH CITY COUNCIL AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDMENT NO. 07-33, AMENDING UKIAH MUNICIPAL CODE, DIVISION 3, CHAPTER 7 (SIGNS) AND DIVISION 9, CHAPTER 2 (ZONING) TO ALLOW TEMPORARY A-FRAME/SANDWICH BOARD SIGNS WITHIN AND OUTSIDE THE PUBLIC RIGHT-OF-WAY, OTHER OBJECTS TO BE PLACED WITHIN THE PUBLIC RIGHT-OF-WAY, AND MINOR SIGN CODE AMENDMENTS REGARDING BANNERS AND SIMILAR OBJECTS, MURALS, SIGNS ON AWNINGS, SIGN FRAMES, FREEWAY LOGO SIGNS, COMMUNITY-ORIENTED SIGN PROGRAM, AND OTHER MINOR ISSUES (CONTINUED). SUMMARY: On April 2, 2008 the City Council conducted a public hearing and by a 4 -1 vote introduced an ordinance amending Division 3, Chapter 7 (Signs) and Division 9, Chapter 2 (Zoning) to allow temporary portable signs on private property and in the public right-of-way subject to an encroachment permit and other criteria governing location, number, time of use and other factors; temporary objects (such as cafe tables and chairs, street furniture, racks and tables) in the public right-of- way subject to an encroachment permit and other criteria governing location, time of use and other factors; use of banners and similar devices for business openings and special activities; and other minor amendments to clarify or streamline the code. The purpose of this agenda item is to formally adopt the ordinance. RECOMMENDED ACTION: Adopt the Ordinance amending Ukiah Municipal Code, Division 3, Chapter 7 (Signs) and Division 9, Chapter 2 (Zoning) to allow temporary portable signs on private property and in the public right-of-way and temporary objects in the public right-of-way, subject to an encroachment permit and other criteria; and other minor amendments to clarify or streamline the sign code. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the ordinance and provide alternative direction to Staff. Citizen Advised: N/A Requested by: Ukiah City Council Prepared by: Pamela Townsend, Senior Planner Coordinated with: Pat Thompson, Interim City Manager and David Rapport, City Attorney Attachments: 1. Ordinance for adoption. _- ~ ~ /~/. APPROVED,, 9 ~ ~1c4;c-~~„-~ Pat Thompson, Inte m City Manager ORDINANCE NO. ATTACHMENT1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTERS 7 (SIGNS) OF DIVISION 3 AND CHAPTER 2 (ZONING) OF DIVISION 9 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 9265 of the Ukiah City Code, Division 3, Chapter 7 (Signs) and Division 9, Chapter 2 (Zoning) are amended to allow portable signs and other objects, including those placed in the public right-of-way, and provide for other minor sign code amendments regarding banners and similar objects, signs on awnings, sign frames, freeway logo signs, community-oriented sign program, and other minor issues as indicated on the attached Exhibit ..A „ SECTION TWO The amendment to Chapter 7 of Division 3 of the Ukiah City Code includes amending Section 3222 (Building, Encroachment, and Electrical Permits) to provide a procedure for issuance of encroachment permits for signs; adding subsection O to Section 3224 (Signs Exempted from Permit Requirements) to exclude signs prohibiting offstreet parking on private property from the requirement for a sign permit; amending subsections H and K of Section 3225 (General Sign Provisions) to allow awning signs to be approved by the Planning and Community Development Department and to limit use of banners and similar signs; adding subsection L to Section 3225 (General Sign Provisions) to allow acommunity-oriented uniform sign program authorized by the City Council; amending subsections D, F, G, M and N of Section 3226 (Prohibited Signs) consistent with other amended sections, and amending subsection A5 of Section 3227 (Permitted Sign Area, Encroachment, Height, Number, illumination and Movement) to allow temporary portable signs subject to standards and criteria; and amending Section 3232(10) (Prohibited Signs) consistent with other amendments. SECTION THREE The amendment to Chapter 2 of Division 9 of the Ukiah City Code includes adding subsection F to Section 9176 (Certain Uses Permitted) to allow temporary accessory objects such as cafe tables and chairs, street furniture, racks and tables, placed in the public right-of- way, subject to standards and criteria. SECTION FOUR This amendment to Chapter 7 of Division 3 and Chapter 2 of Division 9 of the Ukiah City Code is necessary to assist in the fulfillment of the General Plan Community Design and Economic Development Elements and Redevelopment Agency Plans by maintaining a sense of place, increasing interest in commercial businesses and the downtown area, and providing for the safe and unobstructed movement of pedestrians while maintaining a visually attractive and uncluttered environment. In particular, allowance for portable signs and other objects in the public right-of-way is intended to: 2 Promote shopping, dining, business activity in commercial and industrial zones while maintaining an attractive and uncluttered appearance. Increase pedestrian traffic and interest in street level businesses. Protect the public safety and reduce obstacles to pedestrians while reducing liability to property owners and the City. SECTION FIVE The amendments in Exhibit "A" are exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15061 because, based on the information contained in the administrative record, it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment as follows: 1. The City Fire Department, Building Inspector, and Public Works Departments have been consulted and it is concluded that the proposal would not create health or safety issues affecting persons or property in the area. 2. The temporary placement of small signs in commercial and industrial zones and certain objects accessory, including placement on public sidewalks, will not disturb the environment or create visual impacts. 3. Other proposed amendments are administrative in nature or reduce potential existing visual impacts. SECTION SIX This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION SEVEN This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on April 2, 2008 by the following roll call vote: AYES: Councilmember Thomas, McCowen, Rodin, and Mayor Crane NOES: Councilmember Baldwin ABSENT: None ABSTAIN: None Passed and adopted on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 3 ATTEST: Linda Brown, City Clerk Douglas F. Crane, Mayor 4 EXHIBIT A Ordinance No. SECTION ONE Section 3222 of the Ukiah City Code is hereby amended to read as follows: Section 3222: BUILDING, ENCROACHMENT, AND ELECTRICAL PERMITS: A building permit shall be required for any sign which, in the opinion of the Chief Building Official, constitutes a structure or structural alteration. An electrical permit shall be required for any sign to be served by electricity. An encroachment permit shall be required from the City Public Works Department for any sign located within or projecting into the public right-of-way. Applications for encroachment permits under this Chapter shall be filed with the Public Works Department accompanied by a plot plan sufficient to show the details of the proposed sign size, height, any other information deemed necessary by the Planning Director or Public Works Director, and application fees established from time to time by Resolution of the City Council adopted in accordance with the procedures required by law. The Public Works Director retains the right to revoke any issued encroachment permit for a sign in the right-of-way determined to be a nuisance or detrimental to the public safety or convenience. SECTION TWO Subsection O of Section 3224 of the Ukiah City Code is hereby added to read as follows: Section 3224: SIGNS EXEMPTED FROM PERMIT REQUIREMENTS: O. Signs prohibiting parking on private property in conformance with Section 7389 of Chapter 3 of Division 8 (Traffic). SECTION THREE Subsections H and K of Section 3225 of the Ukiah City Code are hereby amended and Subsection L is hereby added to read as follows: Section 3225: GENERAL SIGN PROVISIONS: H. Awning signs are allowed subject to review and approval by the Planning and Community Development Department and securing an encroachment permit from the Public Works Department when located within the public right-of-way. Sign area shall be calculated as defined in Section 3200.05. These shall not be considered as projecting signs. K. Banners, pennants and balloons (but not other gas filled figures) may be placed on an occupant's property for: (1) a maximum of thirty (30) consecutive days per year to announce the opening of a new business (including new management); and (2) a maximum forty-five (45) days per year to advertise special activities or promote the business. The Director of Planning and Community Development shall review and approve plans for such signage to ensure that it offers no hazard to the safe movement to traffic and does not block permanent identification signs on neighboring properties. L. Signs installed pursuant to a uniform community-oriented sign program designed to provide direction, information or recognition to places, events, culture or other distinguishing aspects of the City of Ukiah. The sign program application specifying signage area, type, size, height, location, design, colors, materials and other information to ensure the sign program will enhance the vitality5 and character of the City of Ukiah shall be reviewed by the Design Review Board and such sign program authorized by the City Council. SECTION FOUR Subsections D, F, G, H, M and N of Section 3226 of the Ukiah City Code are hereby amended to read as follows: Section 3226: PROHIBITED SIGNS: D. Banners, pennants, searchlights, twirling signs, balloons or other gas-filled figures placed on an occupant's property or in the public right-of-way, except as otherwise provided by this Chapter. F. Portable or wheeled signs, except the following: 1. Real estate signs not exceeding six (6) square feet per side placed on the offered property. 2. Temporary portable signs as provided by this Chapter. G. Any sign that utilizes visible guy wires, angle irons and iron frame structures, unless construction is otherwise impractical, provided that decorative metal frames may be approved by the Director of Planning and Community Development when consistent with a historical or architectural style exhibited on the property. M. Off-premise signs: Off-premises signs shall not be permitted within the City limits, except the following: 1. Real estate "open house' signs not exceeding six (6) square feet placed on private property with permission of the property owner (directional type). Such signs shall be allowed only during hours of open house. 2. Temporary portable signs as provided by this Chapter. N. Corner Properties: Free standing, projecting, portable and other detached signs from the ground level to eight feet (8') in height shall be prohibited in the area formed by measuring at the property line a distance of thirty feet (30') from the point of intersection of the two (2) streets, and connecting at these lines in triangular fashion, provided that signs within this area may be allowed subject to approval of the Public Works Director and the securing an encroachment permit from the Public Works Department when located within the public right-of-way. SECTION FIVE Subsection A(5) of Section 3227 of the Ukiah City Code is hereby amended to read as follows: Section 3227: PERMITTED SIGN AREA, ENCROACHMENT, HEIGHT, NUMBER, ILLUMINATION AND MOVEMENT: A5. The provisions of this Section do not prohibit in addition to other free standing signs, one (1) portable sign per parcel, subject to the following: a. Sign area shall not exceed six (6) square feet per side and four feet (4') in height. b. The sign shall be removed during hours that the business is not open to the public 6 c. In cases where more than one business is located on a parcel, the total number of signs under this section shall not in the aggregate exceed the following: i. One (1) portable sign per fifty lineal feet (50') of street frontage per parcel. When four (4) or more businesses are located on a parcel under one ownership, one (1) portable sign per four (4) businesses shall be permitted. Except, on parcels within the Downtown Revitalization District where there is no setback between the building and the public right of way Tine and a freestanding or projecting sign is not feasible, one (1) sign per business shall be allowed, not exceeding one (1) sign per fifteen (15) lineal feet of street frontage per parcel. ii. The sign(s) allowed by this section shall be placed along the street frontage of the business; or may be oriented to parking areas, pedestrian malls or internal courts on the same parcel. iii. Parcels with no public street frontage other than the access way (flag lots) shall be allowed one (1) off-premise sign, regardless of the number of businesses, placed near the primary entrance to the parcel with either the approval of the owner of the property where the sign is placed or with the issuance of an encroachment permit if located within the public right of way. d. The sign shall at all times present a tastefully designed and well-maintained appearance. Notwithstanding their temporary nature, such signs shall not be made of cardboard or similar materials which exhibit a makeshift or haphazardly constructed or designed appearance. e. Notwithstanding Section 6170 of Chapter 3 of Division 7, signs allowed by this Section may be placed within the public right-of-way, provided an encroachment permit has been issued by the Public Works Department and compliance therewith is maintained. In addition: i. Signs in the public right-of-way shall be maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles, and insure visually impaired pedestrians can detect the sign safely. Supporting members should be located within the footprint of the sign to prevent tripping; any projection shall be flat and measure no more than one-half inch (0.5") in height above the sidewalk surface. Dome-shaped support bases are prohibited. The sign shall not be secured to trees, hydrants, street signs, or any other infrastructure by any means. The sign shall not be illuminated. ii. Sign placement shall provide for the safe and unobstructed movement of pedestrians and vehicles including adequate sight distance to the satisfaction of the Planning Director and Public Works Director. The placement of signs shall maintain a minimum five foot (5') wide clear space on any sidewalk or pedestrian path and be coordinated with other elements to provide for the public convenience, reduce hazards, and maintain an uncluttered and unobstructed appearance. Signs shall be situated so that neighboring businesses and all legal signs are visible to pedestrians and motorists. f. Deviations from the provisions of this subsection, excluding the requirement for issuance of an encroachment permit for signs placed in the public right-of-way, may be allowed pursuant to the approval of a Use Permit. 7 SECTION SIX Section 3232(10) of the Ukiah City Code is hereby amended by deleting the A-frame/sandwich board illustration. SECTION SEVEN Section 9176 of Chapter 2 of Division 9 of the Ukiah City Code is hereby amended by adding subsection F to read as follows: Section 9176: CERTAIN USES PERMITTED: F. Temporary accessory objects placed in the public right-of-way. Notwithstanding Section 6230 of Division 7 of Chapter 3, the temporary placement of cafe tables and chairs accessory to an eating establishment and street furniture, such as benches and landscape planters, may be placed proximate to an existing legal use subject to the following. Racks, tables, bins and other merchandise are prohibited, except as part of a civic, patriotic or special event of general public interest taking place within the City, subject to a special events permit, or between 12:00 Noon on Fridays and close of business on Sundays, subject to the following. 1. Placement of any temporary accessory object within any public right-of-way is prohibited without securing an encroachment permit issued by the Public Works Department, including compliance with insurance requirements and any conditions placed thereon to ensure the public safety and convenience and compliance with this Section. Applications for encroachment permits under this Section shall be filed with the Public Works Department accompanied by a plot plan sufficient to show the details of the object's size, height, location and any other information deemed necessary by the Planning Director or Public Works Director, and application fees established from time to time by Resolution of the City Council adopted in accordance with the procedures required by law. Notwithstanding any provision of this Section, the Public Works Director retains the right to revoke any issued encroachment permit for any object determined to be a nuisance, detrimental to the public safety or convenience, or noncompliant with this Section. The placement of all objects shall comply with all requirements and orders of the Fire Marshal. 2. The location and dimensions of temporary accessory objects shall be coordinated with other elements and shall provide for the safe and unobstructed movement of pedestrians and vehicles and visual attractiveness to the satisfaction of the Planning Director and Public Works Director and as follows: a. The location of temporary objects shalt maintain a minimum width of five feet (5') of space on the sidewalk or pedestrian path clear of obstructions caused by trees, hydrants, posts, poles and any other infrastructure or objects, and providing accessibility to site and building entryways, accessible parking and accessible passenger loading zones, and cross walks. Objects shall not obstruct more than fifty percent (50%) of the width of any sidewalk or pedestrian path that is ten feet (10') or wider, excluding the strip of land adjacent to the street where sign poles, hydrants and other infrastructure are located. b. Temporary accessory objects shall be placed adjacent to the building, unless infeasible or an alternative location would be more consistent with this Section as specified by an encroachment permit. Objects shall be situated so that neighboring businesses and all legal signs are visible to pedestrians and motorists. 8 c. Temporary accessory objects shall be located and maintained free of appendages or conditions that pose a hazard to pedestrians and vehicles, and insure visually impaired pedestrians can detect the object safely. Supporting members should be located within the footprint of the object to prevent tripping; any projection shall be flat and measure no more than one-half inch (0.5") in height above the sidewalk surface. Dome-shaped support bases are prohibited. Platforms or sidewalk coverings prohibited. Temporary accessory objects shall not be secured to trees, hydrants, street signs, or any other infrastructure by any means. 3. Temporary accessory objects shall be removed during hours that the business is not open to the public, with the exception of landscape planters or other approved encroachments that are consistent with the provisions of this Section as determined by the Planning Director and too heavy or not reasonably feasible to move each day as determined by the Public Works Director. 4. Temporary accessory objects shall at all times present a tastefully designed and well- maintained appearance. Furniture and objects placed by the same business shall be visually or thematically similar. Cafe table umbrellas situated so as to not pose a hazard due to tipping or injury are allowed, provided they are of muted solid color, canvas type (no vinyl or plastic) and designed specifically for outdoor patio use. Podiums, heat lamps and service objects are prohibited. Furniture and other objects shall not have any signage, logos, or other commercial representations. All objects shall be maintained in good condition, without visible fading, dents, tears, rust, corrosion, or chipping or peeling paint, and of durable and sufficiently sturdy construction so as to not pose a hazard or blow over with normal winds. Planters must have installed healthy live plants at all times. 5. Deviations from the provisions of this Section, excluding the requirement for issuance of an encroachment permit for objects placed in the public right-of-way, may be allowed pursuant to the approval of a Use Permit. ### 9 ITEM NO. loi DATE: April 16.2008 UKIAH CITY COUNCIL AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND DIRECTION ON IMPLEMENTATION OF DOWNTOWN UKIAH PARKING IMPROVEMENT STUDY SUMMARY: On January 16, 2008 the Council received the Downtown Ukiah Parking Improvement Study (December 27, 2008 Final Draft Report) and referred the plan to an ad hoc parking committee to make recommendations to the Council on a preferred implementation plan. Committee representatives met March 11 and 18, 2008. Amain focus of the committee, the downtown parking shuffle, is symptomatic of problems with the existing parking program. Staff believe that in order for the parking program to be self-funded, replacement of existing meters, consistent enforcement (requiring slightly increased staffing) and revised penalties, revisions to the permit program, and other recommended priorities on page 2 must be implemented. The parking committee supported a public meeting focusing on School Street in the downtown core, arranged by Main Street and coordinated with staff, to discuss parking time zones and potential acceptability of charging for parking within this area. (continued on page 2) RECOMMENDED ACTION: Direct staff to proceed with the Priority 1 parking improvement implementation plan. ALTERNATIVE COUNCIL POLICY OPTION: Provide other direction as determined by the Council. Citizen Advised: Members of ad hoc Parking Study Committee Requested by: Pat Thompson, Interim City Manager Prepared by: Pamela Townsend, Senior Planner Coordinated with: Pat Thompson, Interim City Manager; Sage Sangiacomo, Community/General Services Director; and Chris Dewey, Police Chief Attachments: 1. Agenda Summary Report, January 16, 2008 (excluding attachment) 2. Minutes of January 16, 2008 City Council Meeting 3. Summary of March 11 and 18 Parking Study Committee Meetings 4. Downtown Ukiah Parking Improvement Study APPROVED: ~" lc.~~°~~,t;;L-~ Pat Thompson, Interim City Manager 1 The need for coordinated actions is emphasized. Walkability of the area, including State Street, and signage should be improved in conjunction with other measures, and the feasibility of a parking garage should be explored. These issues are being addressed under the City streetscape plan (funded by MCOG), redevelopment agency discussions, and the 'form based' zoning project. The parking committee recommends that the Council proceed with the Priority 1 plan at this time. The Priority 2 actions, which build on the Priority 1 plan, would undergo further review prior to implementation. rwKnlNta ImrKUVtmtN I IMPLtMtN I A I IUN PLAN Priorit 1 FY 2008-2009 1. Remove all meters, confirm parking time zone signage is in place in all areas; retain 24- minute free parking spaces on School Street (Public Works, Police) 2. Revise parking program, permit fees and parking fines (Police, Committee review, City Council action) 3. Relocate on-street permit parking to public lots and oversell public lots (such as by 10%, monitor, increase over time as warranted (Police) 4. Make the second parking enforcement officer afull-time position (City Council) 5. Research enforcement efficiency to be achieved with new technologies (Police, City Council) 6. Install kiosks in Lot A as a test case together with clear signage directing people to parking lots (Public Works, Police) 7. Main Street Program and staff to coordinate public meeting within 60 days to evaluate 1.5 versus 2 hour parking and potential acceptability of charging for parking on School Street in downtown core (Main Street, staff) 8. Install back-in diagonal parking on east side of S. School Street between Clay and Seminary Streets if City staff determines this is feasible from an engineering and traffic safety standpoint (Public Works) 9. Evaluate need for each existing loading zone (Traffic Engineering Committee) Priorit 2 • Modify parking time zones as shown in Parking Study Figure 10 with: 0 2-hour on south side of W. Standley St and north side of W. Perkins St, between Oak and Pine Streets o review 24 minute zones (contact nearby businesses) o install time limit signs on W. Mill, between S. State and S. Oak Streets • Evaluate results of Priority 1 program on availability of parking spaces on School Street and determine whether to charge for parking on School Street • Install kiosks in remainder of parking lots, remove meter posts in parking lots • Remove on-street meter posts and install kiosk system within one year from removal of meters unless decision made to contra Priorit 3 and Other • Continuously improve signage identifying parking zones • Review parking agreement with Courts • Address shared parking and curb cut removal thereby creating new spaces • Address streetscape issues as part of streetscape study in progress • Address other measures in the Parkin Stud 2 Attachment # ~ -~ ITEM NO. 5:15 PM DATE: January 16, 2008 UKIAH CITY COUNCIL AGENDA SUMMARY REPORT SUBJECT: PRESENTATION OF FINAL DRAFT DOWNTOWN UKIAH PARKING IMPROVEMENT STUDY SUMMARY: The Downtown Ukiah Parking Improvement Study (December 27, 2008 Final Draft Report) is presented to the Council for review and direction. The study prepared by Whitlock and Weinberger Transportation, Inc. evaluates parking deficiencies, projects future demand, and recommends a program of engineering, management, and enforcement solutions. Study Area: The study area encompasses Walnut/Scott/Norton Streets to Gobbi Street, and Mason/Main Streets to Dora Avenue (Figure 1). The study focuses on the Downtown core (Henry to Seminary and Pine to Mason/Main Streets) including the five City-owned downtown parking lots. Notification: All owners of property within and around the study area, as well as the Traffic Engineering Committee, Chamber of Commerce, Main Street Program, and Mendocino County were notified of this agenda item and availability of the Parking Study online. (continued on aaae 2) RECOMMENDED ACTION: (1) Receive Downtown Ukiah Parking Improvement Study and comment, and (2) refer the Study to an ad hoc parking improvement committee comprised of Police, Public Works, Community Services, and Planning, together with a Council subcommittee if desired, for preparation of an implementation plan for Council review. ALTERNATIVE COUNCIL POLICY OPTION: Provide other direction as determined by the Council. Citizen Advised Requested by: Prepared by: Coordinated with Attachments: APPROVED: Owners of property within and around the study area; Traffic Engineering Committee; Chamber of Commerce; Main Street Program; Mendocino County City Manager Pamela Townsend, Senior Planner Pat Thompson, Interim City Manager; Candace Horsley, City Manager (Retired); Sage Sangiacomo, Community Services Director; and Chris Dewey, Police Chief 1. Downtown Ukiah Parking Improvement Study, Final Draft, December 27. 2007. Pat Thompson, Interim City Manager 1 /-Z Prior Work: As background, the study was initiated in 2003, a public workshop was held and baseline conditions report submitted in 2004, and various development scenarios were examined before proceeding under the assumption that the Courts would remain in the Downtown and the circulation network would remain functionally the same. Key Findings: • There are 276 lot-specific parking permit spaces in Lots A-E, and 28 onstreet parking permit spaces, each with a $25 monthly fee. There is one space available per permit holder (no overselling). • 4451 parking spaces were counted in the study area; with 1649 in the downtown core (635 public onstreet, 442 public lots, 572 private). • Downtown core parking demand is estimated at 646 spaces at 11 AM (1 space/1,725 square feet gross floor area not accounting for vacancies, etc.). At peak hour there is capacity for 323 additional vehicles. • Space occupancy: In the downtown core, overall peak occupancy is only 60%, and this occurs between 11 AM and 12 Noon. Excluding exempt spaces, occupancy of spaces by type (90-minute, 5-hour, etc.) during the peak hour ranged from 35% to 77%. Diagonal spaces on School Street are heavily used. Demand varies in the public lots. Long-term space usage drops significantly during lunchtime when 24-minute spaces are most heavily used. Permit parking is generally 55-60% occupied over the course of a day, while 5-hour and 10-hour spaces have the highest overall demand over the course of a day. • Future demand (page 16): Two development scenarios (one approximating the form-based code) would each increase peak hour space occupancy from 60 to 90%, with peak hour use being 1-2 PM. Issues (page 14): • Time limits are unbalanced and parking rules are unclear in some areas. People shuffle cars around. Enforcement could be improved. • There is a waiting list for parking permits, but only 60% overall occupancy of permit spaces. • Meters are outdated, allocation of parking and loading is inconsistent with land uses, and lot layout and directional signage could be improved. Centrally located and shared parking spaces can substitute for 2-3 single-destination spaces. Parking Recommendations (page 19): Recommendations are categorized under engineering, management and enforcement, with an implementation plan provided beginning on page 26. • Phase 1 includes modifying the permit program and parking time limits in various areas, creating diagonal parking on a portion of School Street, installing a kiosk meter system in parking lots, and revising parking and permit fees. • Phase 2 expands the kiosk system to onstreet parking, increases shared parking, converts most 90-minute parking to 2-hour, and imposes 2-hour limits on convenient parking spaces. • Phase 3 expands Phase 2. • Phase 4 includes future programs when overall peak occupancy exceeds 85%. Conclusion and Staff Recommendation: Delivery of the Study provides an opportunity to improve coordination and direction of the city's parking function, which has been vested with various departments. Staff continues to review the study but has some initial comments: 2 l -.3 1. Consider dedicating Lot E to Conference Center and 2-hour parking (rather than 4-hour parking which is more likely to be consumed by employees) and substitute additional 4- hourparking in the area around Clay St. and Seminary Avenue. 2. Traffic Engineering Committee members on January 8~h provided the following comments: • Fire Marshal: Outside the downtown, narrow streets with extensive parking delays emergency response and in some cases prohibits access to residents, such as Church, Smith, Stephenson and Mill Streets. Parking on these streets should be examined for corrective action. • Include Main Street Program and Downtown Merchants Association on the ad hoc parking committee. • One of the major complaints received is one business complaining of other business owners consuming onstreet parking. • Consider awarding some permit parking as a benefit of the Business License. • Consider that vitality of the downtown core merits a different approach to ensure available and affordable parking. • Make it easier for employees to park in cost effective locations to avoid the parking shuffle. • Consider maintaining 24 minute parking in front of the post office. • Consider 2 hours of free parking in some public lots to encourage their use. • Develop a program with MTA providing bus passes forjurors. • Institute back-in diagonal parking which is safer for vehicular, bike and pedestrian traffic. • Reexamine the recommendations in view of the form-based zoning project. • Increase use of bulb-outs and other facilities to facilitate pedestrian movement and efficient use of parking spaces. • Page 25: Future parking facilities- have incentives and reduced parking requirements for shared public or rip vate parking. • Pages 25 and 26: The 7th bullet on page 27 should reflect the 2nd bullet on page 26: The City should continue to review requests by businesses to provide loading and 24 minute spaces on a case by case basis (rather than developing a permit program). Staff suggests creation of amulti-discipline ad hoc management committee (Police, Public Works, Community Services, Planning, and Council subcommittee if desired) to review recommendations in the Study and prepare an implementation plan of recommended actions, timeline and funding, and management and staffing. The Committee will coordinate with other interested parties. 3 CITY OF UKIAH Attachment # CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 16, 2008 6:00 p.m. Z -/ 4:00 pm Joint Sanitation District Meeting 5:30 pm Presentation of Final Draft Downtown Ukiah Parking Improvement Study Senior Planner Townsend introduced Jim Weinberger, Principal with Whitlock & Weinberger Transportation, Inc., who presented an overview of the Study. Recommended Action: (1) Receive Downtown Ukiah Parking Improvement Study and comment; (2) refer the Study to an ad hoc parking improvement committee comprised of Police, Rublic Works, Community Services, and Planning together with a Council subcommittee if desired, for preparation of an implementation plan for Council review. M/S McCowen/Baldwin to refer the Study to a parking improvement Ad-Hoc Committee to be comprised of the list in the recommended action plus representatives of the Ukiah Main Street Program, Greater Ukiah Chamber of Commerce, Mendocino Transit Authority, Courts, Greater Ukiah Localization Project, the 'Raccoon Lodge' and Councilmember Thomas as the official Council representative. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Baldwin, and Mayor Crane. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 1. The Ukiah City Council met on January 16, 2008, the notice for which being legally noticed on, January 11, 2008. Mayor Crane called the meeting to order at 6:18 pm. Roll was taken at the Joint Sanitation District Meeting with the following Councllmembers present: Thomas, McCowen, Baldwin, and Mayor Crane. Absent: Councilmember Rodin. Staff present: Interim City Manager Thompson, Interim Electric Utilities Director Keller, Electrical Distribution Engineer Kirkley, Police Chief Dewey, Community Services Director Sangiacomo, and Deputy City Clerk Currie. Consultants present: NCPA Don Dame 2. PLEDGE OF ALLEGIANCE Recited at the Joint Sanitation District Meeting. 3. a. Introtluction of Interim Director of Electrlc Utilities-Mike Keller, P.E. Introduction of Mike Keller, Interim Electric Utilities Director, by Interim City Manager Thompson b. Proclamation of the Clty of Ukiah Recognizing Officer Kevin Michael Howland on Recent Award of the Presidential Medal of Valor by President George Bush Mayor Crane read and presented the Proclamation. 4. PETITIONS AND COMMUNICATIONS None. CC 1/16/08 Page 1 of 4 Attachment #~ Summary of Meeting: Ukiah Downtown Parking Study Committee: March 11, 2008 Committee Attendance Raccoon Lodge -Jeff Trouette Main Street Program- Joy Beeler MTA- Bruce Richard Superior Court- Ben Stough Councilmember Thomas Absent: Chamber of Commerce- Nicole Martensen GULP Staff: Trent Taylor Ben Kageyama Pam Townsend Public: Mel Lightbody (County Librarian) Discussion: In downtown, employee shuffle is major problem, business owners also shuffle cars. Many of these also have parking permits, but choose to park closer on the street. Ideas: Charge for parking on School Street, replace meters which do not work, strictly enforce parking laws; collection is a problem, after 5 tickets the car can be towed which is likely to get results, if enforcement and a new system is put in place -give warning for a grace period and then strictly enforce. The City's policy on parking enforcement has been variable. Need County representative on the committee in addition to Superior Court administrator. Staff note: After the March 10 meeting, Alison Glassey was emailed regarding participation. How many people buy permits? Assuming employees parking on the street starting using parking lots, will the lots be full? Staff Note: There are 276 lot-specific permits and 28 onstreet permits. Permit parking is generally 55-60% full. Assuming some people with permits park onstreet, it is improbable that if those people start parking in lots they will over fill them. The overselling of public lots would be increased slowly. Do businesses buy permits for employees? Response: Some businesses buy permits for employees, others have purchased the right to park in private lots. The Court has a contract with the City for 54 spaces and wants to reduce costs when the contract comes up for renewal in 2009. The Court will consider alternative parking arrangements for employees and/or jurors under exceptional circumstances (high profle trials). Volunteers at the library (about 70) can't currently buy a block of permits because they are specific to an automobile. Idea: With unreserved permit parking, the library could purchase several permits for the closest Lot. If a placard hanging from the rear-view mirror is used as the permit, then several permits can be purchased and volunteers could use share those placards. State Street is a psychological barrier to people parking west of State and walking; crossing does not feel safe. People do not want to walk generally. Idea: improve streetscapes, traffic calming (bulb-outs, safe median, etc., improve appearance of parking lots (Lot D). -z Need to construct a downtown parking garage- use redevelopment funds to relocate Dorseys and construct 2-level parking garage. Charge for parking on School Street: ""Staff to research whether there is an agreement that parking on School Street remain free. The most desirable parking is typically the most expensive. This encourages people to park a block away or use the parking lots if public spaces are available. Staff Note: Candace Horsley indicates she believes the Downtown Merchants (a different title in the 80's) came to the City and requested free parking, as part of the downtown improvement plan. They felt that customers would go to the other shopping areas if they had to find change to pay for a meter and the City agreed to make School street free parking--this was before Candace was involved. Charging for parking in lots where there is currently 2-hour free parking (Lot E) deters people from using the lot. Consider allowing a few hours free parking in lots with clear signage directing people to free parking. The permit parking in Lots would probably be in a separate section of the lot from the public parking. The public parking portion of the lot would use the kiosk. Permit parking does not require the kiosk. Install kiosks on School Street. Alternatively, consider placing new parking meters at the parking spaces on School Street- that way people don't have to walk to the kiosk. If you remove the meters first and then install kiosks later, it will appear that you are going from free parking to paid parking, even if there is a time limit on the parking in the interim. Where there are meters, better to go from meters to kiosks concurrently. Jurors could be assigned to the farther Lots. Consider agreement with MTA to bus Jurors from the most underused Lot to the Court before 9 AM. People can walk back. Next meeting: March 18, 9:30 AM, Conf Room C. Review time zones and remainder of implementation program. Implementation: The Committee generally agreed on Priority 1. rnonues • Remove all meters, confirm parking time zone signage is in place in all areas • Revise parking, permit fees and oarkinq fines. • Relocate onstreet permit parking to public lots • Oversell public lots • Install back-in diagonal parking on east side of S. School Street between Clay and Seminary Streets (confirm feasibility) • Make the second oarkinq enforcement officer afull-time oosition • research enforcement efficiency to be achieved with new technologies FOR DISCUSSION ON MARCH 18: Review staff proposed priorities 2 and 3 and specifics in the Parking Study such as time zone recommendations (see Figure 10) 2 3-3 Priorit 2 - to be addressed on • Modify parking time zones • Install kiosks in parking lots, remove meter posts in parking lots • Remove onstreet meter posts and install kiosk system within one year from removal of meters unless decision made to contra Priorit 3 and Other • Continuously improve signage identifying parking zones • Review parking agreement with Courts • Address shared parking and curb cut removal thereby creating new spaces • Address streetscape issues as part of streetscape study in progress • Address other measures in the Parking Study Priority 2 1. Adopt the parking time zones recommended in the Parking Study (Figure 10) with the changes below, in compliance with required procedures. Discussion: Consider the revised parking zones in the Parking Study with the following changes: • 2-hour on south side of W. Standley St and north side of W. Perkins St, between Oak and Pine Sts • review need for loading and 24 minute zones (contact nearby businesses) • install time limit signs on W Mill, between S. State and S. Oak Sts 2. Install kiosks in public lots, remove meter posts in public lots after kiosk trial period. 3. Remove onstreet meter posts within short period year (such as one year) from testing kiosks in public lots to improve aesthetics, pedestrian convenience and ADA compliance on sidewalks. 3 .3-~ Summary of Meeting: Ukiah Downtown Parking Study Committee: March 18, 2008 Committee Attendance Main Street Program- Joy Beeler MTA- Bruce Richard Superior Court- Ben Stough Chamber of Commerce- Nicole Martensen Absent: Raccoon Lodge -Jeff Trouette Councilmember Thomas GULP Staff: Sage Sangiacomo Trent Taylor Rick Seanor Pam Townsend Public: None Discussion: The committee continued review of the implementation program. Jeff Trouette cannot be present. He has talked to the Raccoon Lodge members and they are very opposed to charging for parking on School Street. Installing kiosks wherein people have to walk to the kiosks and back to their cars is very negative. They desire to maintain the 24 minute spaces on School Street. The City should review the files on the parking studies prepared 12 and 18 years ago which covered the same issues. Nicole Martensen stated merchants on School Street she has spoken to are negative toward charging for parking on School Street. Permit parking should be removed from School Street. Regarding permit holders who park on School Street between Henry and Clay Streets, Trent Taylor stated parking enforcement staff indicates that on average 14 cars per day with permits park on School Street, with those being about 50% county employees and 50% business owners. The City of Santa Rosa has gotten results with higher fines and improved enforcement. Joy Beeler indicated meters on School Street remain an issue that merits review and requested a community meeting (with speakers) to discuss the matter including the experiences of others. Joy will coordinate with staff to arrange a meeting within 60 days, inviting the 400 members of the Main Street Program. Sage Sangiacomo indicated the City will pay for space at the Conference Center. Sage suggested the success of Priority 1 programs should be evaluated before deciding whether to charge for parking on School Street. Historically, did parking meters decreased the employee shuffle on School Street? The results of increased and consistent enforcement, higher fines, and other measures should be evaluated. Discussion ensued regarding whether permits should be affixed to a specific car or could be shared by several cars. In the case of the library volunteers, they would want to be able to share one permit, and other businesses with part time employees might want to do the same, esp. with the permit price increasing. Affixing to a specific vehicle is easier from an enforcement perspective. 4 ~j-~ The committee discussed regarding reserving spaces in Lots for special cases such as for library volunteers. The cost of reserved permit spaces for individuals in Lots should be high enough to be a real deterrent; 2 or 3 times the cost of a regular permit may be too low. Reserving particular spaces regardless of the reason reduces the ability to oversell spaces. There is an error in the Study: the southern-most end of Lot D is private. Discussion ensued regarding whether parking on School Street should be 1.5 or 2 hours; 1.5 hours is more of a deterrent to the employee parking shuffle. However, 2 hours allows people more time to eat, shop, etc. without worrying about getting back to the car. People cannot move their car to another space spot in the same block. Bruce Richard stated that alternative transportation- pedestrian, bikes and buses- should be part of the recommendations to the Council. Sage indicated walkability is part of other revitalization efforts. Bruce noted a problem with shared bus and truck loading at loading zones eastbound on Standley west of School St, and westbound on Perkins west of School St, causing buses to block the street. The matter will be referred to the Traffic Engineering Committee. Evaluation of loading zones generally will be added to the proposed implementation program. Rick Seanor stated that City engineering staff was evaluating back in parking on School Street and it may not be feasible. The City is changing city vehicle parking on Clay Street west of Oak Street to back in as a test case. Trent indicated public safety vehicles are using the technique behind City hall. Priority 1 and 2 implementation was modified as follows (underlining) • Remove all meters, confirm parking time zone signage is in place in all areas • Revise parking, permit fees and parking fines. • Relocate onstreet permit parking to public lots • Oversell public lots • Install back-in diagonal parking on east side of S. School Street between Clay and Seminary Streets if City determines this is feasible from an engineerino and traffic safety standpoint • Make the second parking enforcement officer afull-time position • Install kiosks in Lot A as a test case together with clear signage directing people to parking lots; retain the 24-minute free parking spaces on School Street • Main Street Program and staff to coordinate public meeting within 60 davs to evaluate the acceptability of charging for parking on School Street in downtown core • Research enforcement effciency to be achieved with new technologies • Evaluate need for each existing loadino zone. • Modify parking time zones as shown in Parking Study Figure 10 with: 0 2-hour on south side of W. Standlev St and north side of W Perkins St between O~ and Pine Sts o review 24 minute zones contact nearb businesses o install time limit sions on W. Mill between S State and S Oak Sts • Evaluate results of Priority 1 program on availability of parking spaces on School Street and determine whether to charge for parkino on School Street • Install kiosks in remainder of parking lots, remove meter posts in parking lots • Remove onstreet meter posts and install kiosk system within one year from removal of meters ~~~ t0 • Continuously improve signage identifying parking zones • Review parking agreement with Courts • Address shared parking and curb cut removal thereby creating new spaces • Address streetscape issues as part of streetscape study in progress • Address other measures in the Parkin Stud Committee to meet as needed to review details of implementation plan and results of community meeting. The Priority 1 program will be provided to the City Council as soon as possible. 6 ATTACHMENT~_ w-t ra n s1~J/ Whhbck & Weinberger TI9n400KiGOn, inC~ 490 Mentlodno Avenue Suite 201 Sente Rose, CA 95401 voice 707.542.9500 fax 707.542.8590 web www.w-0rens.cam Dr~i+vn#c~wn t~'~h Parking l~n~~~-~ret~~n~ 't~r+~y ~~~ ~e pity of Ukiah Riga br~~C Report D~cemb~r ~~, 2007 Table of Contents Introduction and Background ......................... Page ...........................I Existing Conditions ................................. ...........................4 Parking Issues and Opportunities ...................... .......................... 14 Future Parking Demand and Facilities ................... .......................... 16 Parking Recommendations ........................... ..........................19 Study Participants .................................. ..........................28 Figures I Study Area .................................................... ............... 3 2 Parking Types and Restrictions .................................... ............... S 3 Juror Parking Map ............................................... ............... 7 4 Locations of Short and Long Term Parking ........................... ............... 8 5 Study Area Maximum Observed Parking Occupancy ................... .............. 10 6 Downtown Core Maximum Observed Parking Occupancy ...... I I 7 ........ Occupancy by Time and Type ..................................... .............. .............. 12 8 Potential Main Street Driveway Consolidations ....................... .............. 20 9 Potential Diagonal Parking Extension ............................... .............. 21 10 General Time Limit Recommendations .............................. .............. 22 Tables I Parking Permit Location Descriptions .............................................. 4 2 Parking Supply within Study Area ................................................. 6 3 Summary of Public Parking Conditions in Downtown Core ............................ 9 4 Summary of Land Use Scenarios ................................................. 16 5 Potential Parking Rate Schedule .................................................. 23 Plates I Clay Street Signs and Meters .................................................... 14 2 On-Street Permit Spaces on School Street ......................................... 14 Appendices A Parking District Maps B Projected Peak Hour Parking Demand Data Downtown Ukiah Parking Improvement Swdy for the City of Ukiah -Draft Report ` December 27, 2007 page i w-trans Introduction and Background Introduction The purpose of this study was to determine existing parking conditions in downtown Ukiah, and identify potential engineering, management, and enforcement solutions to enhance and improve downtown parking into the future. A key element in successful and sustainable growth in a City is the efficient use of land, and parking is no exception. Creating efficient use of parking means striking a balance that ensures spaces are available to a diverse set of users with a diverse set of needs, and doing so in a manner that minimizes the number of vacant spaces during peak periods. The parking study was initiated in late 2003, and the Downtown Parking Improvement Study Base Conditions Report was prepared and submitted in 2004. Since that time several potential changes to the downtown environment that could affect parking have been discussed including relocation of the County Courts, establishment of a downtown MTA bus transfer center, and potential reconfiguration of the circulation network Questions regarding these potential changes have since been resolved. The current study assumes that the Courts will remain downtown and that the circulation network will remain functionally similar to its present condition (in other words, no conversions to one-way streets etc. will occur). The following elemenss are included in the report. • Description of existing parking policies and permit program • Data collettion methodology and results • Ident~cation of current parking deficiencies and inefficiencies • Summary of public input regarding downtown parking • Future parking demand projections and need for new facilities • Engineering, Management, and Enforcement Recommendations • Suggested Implementation Strategy Background The City's 1992 Downtown Revitalization Master Plan addressed the issue of parking in the downtown area. Some parking issues were ident~ed in this earlier document, including the inefficient utilization of existing parking resources, the public's perception that there is a lack of parking, and the tendency of downtown employees to fill the downtown parking spaces. Parking was also addressed in the City's Downtown Parking Improvement Program: An Implementation Strategy (or the Management o(Ukiah Downtown Parking District. This document was adopted by the City of Ukiah in 1995, and outlined a set of goals and objectives with regard to parking in the downtown area. Select objettives included focusing employee use in parking lots instead of on-street, increasing awareness and identification of off-street parking lots, and establishing designated juror parking areas. A map showing the Downtown Ukiah Parking Improvement Swdy for the City of Ukiah -Draft Report ~ December 27, 2007 page I '"'-"a"; ?"' 1 ~ kt' re' t x "s .~ ~ O ~ .. ~, _ .~« .~ s~~ ~ ~ ° ~ ~ r ~ ~ ~' S ut py~ C ,r . W#~ Np1µ~5 ~. R ~ r ,J LOT G SNI'fH sT' ~ r a.: ~ ~ ~~~ k. ',o-.' LOT ~. ~~m. •Y' ~ E `3 g~ ~ ' y" ~ .~ ~ . ' ~ N~ ', e ; • e ~ ~R ~~. "' s ' ~NINPRy.A'VE' f ~ 1a=1, ~3~PP~F i ~ ~4 j may. ~.~:~ , ~ ; ~ ~; ~ ~~ ~, ~ ~` a l~ t F ice, .. ~' V ,Ap ~ ~ ~~.~' Y~ ! ~ ~ ~ ~ d '- ~ a ,~ iA ~ ~ ~ ! ~~ 4~ CC~ f ~ r ~ap1 .S.~ Y { y #' st. rN ,~ ~~~p A'} '~ ~ ~~t-d°~ D~ ~S ~r t iM~ ~. ~ , ~ s ~ ~ ~ ~ +s ~ .._ .~ ~ ~ n ~~ , w-trans )J~ ,~ Legend Study Area Downtown Core Area Feet 0 150 300 600 Downtown Ukiah Parking Improvement Study Figure I City of Ukiah Study Area w-tra n~~~1/ .~ Legend Parking Time or Type ~ 24MIN ~ 90MIN 2HR ~SHR IOHR LOADING PERMIT EXEMPT ai?~~+ PRIVATE LOT NONE NO PARKING Feet 0 750 300 600 Downtown Ukiah Parking Improvement Study Figure 2 City of Ukiah Parking Types and Time Limits L I NV tLi L V+ /d V 2 Y Q a Q M ~ L d0 ~ LL C 3 to d L L 7 ~~ ~, 0 L d bQ C .Y L (d a s ni L C ~ 3 ~ o~ ~~ 3 0 o DU The occupanry data was analyzed, and the results are summarized for the entire study area in Figure 5. A more detailed summary of parking occupancy conditions in the downtown core is shown in Figure 6. The following observations can be made of the parking occupancy data summarized in Figures 5 and 6. • The diagonal parking spaces on School Street between Henry Street and Stephenson Street are heavily utilized. • Areas that have the lowest parking demand are on the fringes of downtown, although there are some areas on Main and State Streets within downtown that also experience lower parking demands. • Parking demand varies in each of the five downtown public lots. The majority of long-term juror parking appears to take place on Pine Street and Main Street between Smith and Church Streets. Table 3 gives peak occupancy times and percentages for the different types of public parking in the downtown core (those areas shown in Figure 6). Most parking types experience peak occupanry between I I a.m. and noon. The peak observed occupancy of all downtown public parking spaces during this time was 60 percent In other words, during its most used hour, approximately 60 percent of the parking spaces in downtown are full. Though some areas experience 100 percent occupanq, no overall parking type (90- minute, 5-hour, etc.) was observed to be over 77 percent used during its peak hour. Table 3 Summary of Public Parking Conditions in Downtown Core Parking Type Total Spaces Occupancy During Peak peak Time Occupied Spaces at Peak 24 Minutes 21 71% noon - I p.m. IS 90 Minutes 287 66% I p.m. - 2 p.m. 190 2-Hour 258 53% I I a.m. -noon 136 5-Hour 88 77% I I a.m. -noon 68 10-Hour 56 77% I I a.m. -noon 43 Unrestricted 37 32% 10 a.m. - I I a.m. 12 Fxempt 4 100% I p.m. - 2 p.m. 4 Permit 306 61 % I I a.m. -noon 187 Loading 20 35% noon - 1 p.m. 7 Total 1077 60% 1 I a.m. -noon 646 Downtown Ukiah Parking Improvement Swdy for the City of Ukiah -Draft Report ` December 27, 2007 page q w.-trans w-t ra n s~~1/ .~ Legend Downtown Occupancy ~ 0% - 50% 51%-75% 76% - 90% i~ 91 % - 100% Feet 0 100 200 400 Downtown Ukiah Parking Improvement Study Figure b City of Ukiah Downtown Core Maximum Observed Parking Occupancy The surveyed parking demand data indicates a maximum downtown parking. demand of 646 spaces at I I:00 a.m. The peak parking demand in the downtown area can therefore be estimated at approximately 0.58 spaces per thousand square feet of building floor area, which also equals one parking space per 1,725 square feet of floor area. It is important to consider that this is only a rough estimate of parking demand and does not account for elemenu such as empty buildings, commercial vacancy rates, or substantial parking demand changes experienced by non-commercial uses (such as the Courts). Downtown Ukiah Parking Improvement Study for the City of Ukiah -Draft Report ` December 27, 2007 page 13 w-trans • Outdated Facilities -The evolution of surrounding land uses appears to have outpaced changes to the parking facilities and policies at some locations. For example, curb cuts and red curbs exist where there are no longer driveways, and some loading zones exist where they are no longer needed. Comments Received at Public Workshop A public workshop was held on January 22, 2004, with members of the Downtown Merchants Association and the Ukiah Main Street Program. The data, as given in the Existing Conditions settion of this report, was presented and participanu were given the opportunity to comment on the data and on parking issues that they see in the downtown area. Following are some of the comments received that are not already ident~ed as issues above. • Better signage would let visitors know there are other places to park besides School Street. • Jurors are parking on the block of School Street adjacent the Courthouse. • Installing bulb-outs on State Street to improve pedestrian circulation would have the negative impact of eliminating parking spaces. • A parking garage should be built adjacent to or over the top of Henry Street. • Businesses between State Street and Main Street could make better use of back doors, allowing employees and visitors to park on either street and easily access the business. • Meters keep people away from downtown and are counter-productive. • The existing 24-minute spaces are working well. • Parking enforcement should also take place on Saturdays. The attendees of the public workshop concurred with the reasonableness of the colletted data based on their everyday experience with parking in the downtown area. Downtown Ukiah Parking Improvement Study for the City of Ukiah -Draft Report December 27, 2007 Page I S "°"rra"~ Scenario B would allow 57,000 square feet of additional development to occur with iu balanced mix of office, restaurant and retail uses. As with Scenario A, the projected weekday peak hour of parking demand would increase from 60 percent to 90 percent, with peak demand shifting to the I:00 to 2:00 p.m hour. The projected peak hour parking demand data for the two land use scenarios is provided in Appendix B. Future Parking Facilities According to the publication Parking Management Best Practices, American Planning Association, 2006, public parking facilities serving multiple destinations are often occupied 100 or more hours a week, while private spaces serving a single destination are generally occupied just 20 to 40 hours per week. In other words, centrally-located public parking spaces can often substitute for two to three private, single-destination spaces. The concept of "shared parking" includes providing common parking facilities for multiple uses. Shared parking results in a very efficient parking supply since the same spaces can accommodate different use's demands that occur at different times of day. With shared parking in a downtown environment, fewer spaces are needed to accommodate the same amount of development compared to segregated single-use parking lots. As indicated above, downtown Ukiah can absorb a certain amount of new development without having to provide additional parking spaces. In reality,. market forces typically dictate that at least a small amount of parking will be provided as part of new construction. For example, newer urban apartmenu and condominiums often provide one parking space per unit, with any additional demand created by second vehicles or visitors being accommodated by shared spaces on surrounding streets or other parking facilities. In order to ensure that these efficient "shared" parking facilities continue to accommodate downtown parking demand, the City should allow developers to pay an in-lieu parking fee rather than construct single- use spaces on-site. The collected fees would be used to construct and/or subsidize common parking facilities to be built in the future. The City currently has a Downtown Parking and Business Improvement District in which the in-lieu fees would apply (City Code section 2605.5). A map of the district is provided in Appendix A. The optimal locations of future parking facilities will also be determined by development patterns. New public parking spaces may be included in private developments, either through public-private ventures or through incentives such as subsidization of parking construction costs. Another option would be to construct two to three level garages on the sites of existing public parking lots. Impact of County Courts A sign cant component of the existing downtown parking demand is related to the County Criminal Justice Center, particularly on jury selection days. Both the County of Mendocino and City of Ukiah expect the courts to be relocated in the future, either to another location downtown or to a more suburban location. Any expansion or relocation of the courts downtown would need to include additional parking supply, likely offsetting some of the on-street demand that currently takes place. A relocation of the Criminal Justice Center out of the downtown core would lower overall parking occupancy. Downtown Ukiah Parking Improvement Study for the City of Ukiah - Drak Report w_irans December 27, 2007 Page 17 fy Parking Recommendations Following is a set of recommended improvements to improve downtown parking conditions. It is expected that these improvements would be implemented over many years; some could take place in the near-term, while others may be unneeded until parking occupancies rise with increased infill and development. A suggested implementation program providing some direttion on timing is presented following the recommendations. Engineering Consolidate driveways and parking lots where possible, particularly along the Main Street Corridor and on Standley Street between Main and Mason Streetr, as shown in Figure 8. Install diagonal parking spaces along the east side of School Street between Clay Street and Seminary Avenue, as shown Figure 9. • Replace curbs and on-street parking where former driveway curb cuts have been abandoned. Management Time Limits An exhibit showing the recommended locations of downtown parking by type and time limit is shown in Figure 10. The exhibit is intended to provide an overall framework and logical parking pattern that may be implemented in the downtown core area, ratherthan a compulsory representation of how individual parking spaces should be designated. Further, changes to current time limitr and permit areas would likely take place over a number of years (see "Implementation" section below for further information). • Eliminate the 90 minute and 5 hour parking restriction categories. The 90 minute category would generally be replaced by 2 hour, and the 5 hour category generally replaced by 10 hour. Create a new 4 hour parking category to accommodate longer shopping and/or dining trips in the downtown core. The 4-hour spaces would be located in Lot E and a portion of Lot C. • Remove all meters in parking lots and replace with multi-space parking kiosks. Implement 2-hour time limits for on-street spaces within the core downtown area and along State Street, and limit parking to 10 hours for spaces on peripheral streets. Pricing and Fee Collection Remove all parking meters and replace with multi-space parking kiosks, with a minimum of one kiosk per block face and one kiosk per public parking lot provided. • The most efficient parking management prattices use pricing to create efficient turnover and maintain parking space availability for the intended users. All prime parking spaces in the central business distritt should ultimately have hourlyfees. The City should coordinate with downtown businesses in developing Downtown Ukiah Parking Improvement Study for the City of Ukiah -Draft Report December 27, 2007 Page 19 w-trans w-t ra n s1/Jj Downtown Ukiah Parking Improvement Study Figure 9 City of Ukiah Diagonal Parking Opportunity a plan to implement hourly fees for all prime public spaces. Should parking demand in the commercial core sign~cantly increase in future years, this may include implementing hourly parking fees on School Street. • The most desirable, centrally-located parking spaces should cost more than spaces in peripheral areas. • Daily parking (10 hour spaces) should have an hourly rate that is slightly discounted from shorter-term parking, though should remain more expensive than the equivalent rates for monthly parking permits. • If an imbalance occurs in the future in which centrally-located prime parking spaces have average occupancies exceeding 90 percent, while spaces in peripheral areas have excess capacity, consider using pricing as a means of balancing parking usage. • A sample public parking fee rate schedule for on-street and surface lot spaces is shown in Table 5. The schedule allows the City to set the base hourly rate, which is then used as the basis for determining all other rates. Prior to implementing rate changes, the Ciry may wish to conduct a more thorough financial analysis of parking revenues and costs than was possible in developing this sample rate schedule. Table 5 Sample Parking Rate Schedule Parking Type Current Rate Modified Rate (sample) Rate Basis On-Street Spaces 2 Hour Spaces $0.18/hour $0.25/hour (Base) 24 and 30 Minute Spaces none $0.25 per 24-30 min (Base) x 1.00 Daily (10 Hour) Spaces per hour $0.17/Four $0.20/hour (Base) x 0.80 . maximum per day ........................................ $1.70/da .............................Y $2.00/day (Base) x 8.00 Public Lot Spaces 4 Hour Spaces - $0.25/hour (Base) x 1.00 10 Hour Spaces $0.17/hour $0.20/hour (Base) x 0.80 Unreserved Monthly Permit $20-25.00/month $25.00/month (Base) x 100 Reserved Monthly Permit $25.00/month $75.00/month (Base) x 300 • Over time as parking demand increases in the downtown area, the City should consider modifying the hourly fee rates for prime spaces to vary by time of day. Prices may be highest during the periods of greatest demand (10:00 a.m. to 5:00 p.m., for example) and lower during "shoulder" periods. This type of parking space pricing can both increase efficiency and generate revenue. Electronic parking fee collection at kiosks make varying rates feasible. uowntown Ukiah Parking Improvement Study for the City of Ukiah -Draft Report ~ December 27, 2007 page 23 w-trans • The City may wish to pursue an agreement with the Mendocino County Courcs in creating a designated juror parking area in Lot D, which is currently underutilized but only two blocks away from the courchouse. Information and Wayfindinr • Maintain a uniform signing format along key roadways and at intersettions that inform drivers of the locations of long-term public parking lots. • Provide signs at and within parking lots that clearly designate long-term parking and permit parking areas. • Coordinate with the Downtown Merchants' Association and Main Street Program to develop downtown parking maps for customers. Parking maps could also be incorporated into tourism-related brochures for downtown. Future Parking Facilities • Should new zoning regulations facilitating an intensification of uses be implemented for the downtown area, the City should consider revisions to its in-lieu parking fee program to fund the construction of shared-use parking facilities. The City is currently conducting a development impact fee study which will include analysis of this issue. The boundaries of the City's existing Downtown Parking and Business Improvement District are shown in Appendix A. • The City should implement policies that create incentives for developers to provide shared parking, particularly at larger developments. Such incentives may include reductions in assessment distritt and/or in-lieu parking fees ff the developer provides publicly-available shared-use spaces. • The City should update parking requirements to allow parking reductions for mixed-use developments and projects including publicly-available shared parking spaces. Developers may need to support such reductions with a shared parking analysis study. • Additional downtown parking spaces should be provided when overall peak period occupancies consistently exceed 90 percent. The City should track average occupancies, which are currently in the 60 percent range, in order to reasonably predict the likely need for new parking facilities several years in advance of when it attually occurs. The recommended parking kiosk systems are able to track this type of usage data. • As parking lot consolidations and new shared parking facilities are constructed, the City should consider inclusion of related improvements such as screening, lighting, landscaping, signage, and street furniture. Residential-Commercial Areas • Implement a residential parking permit program if it is determined that "spillover" parking from downtown commercial uses is adversely affecting adjacent residential areas. • In order for a neighborhood to qualify for a permit program, the majority of residenu must be in favor Downtown Ukiah Parking Improvement Study for the City of Ukiah -Draft Report ~~~ w-trans ~J/ December 27, 2007 Page 25 /r/ • Create an additional block of diagonal parking on the east side of School Street between Clay Street and Seminary Avenue. • Revise the areas where signed 10-hour parking exists, focusing such spaces in areaz on the periphery of downtown (see Figure 10 for general guidance on the time restriction locations). • Eliminate the 5-hour parking time restriction category. • Convert Lot E and the northwest portion of Lot C to 4-hour parking. • Remove parking meters in all public parking low, and replace with a kiosk system. Conduct public outreach on the use of parking kiosks within public lots, and use as a trial basis before implementing on-street kiosks in Phase 2. Develop a permit program for businesses to request installation of loading zones and short-term 24-30 minute spaces. Review and update the parking rate strutture in a manner to that shown in Table 5. Review and update parking fines on an ongoing basis. • Establish an evaluation/monitoring program to identify parking impacts and problems. Phase 2 • Eliminate the 90-minute parking time restriction category, converting most of the spaces to 2-hour spaces (see Figure 10 for general guidance on the time restriction locations). • Remove all on-street parking meters and replace with a kiosk system. • Impose 2-hour limits on the most convenient parking spaces. • Arrange shared parking agreements at a few sites where owners are most cooperative. • Re-establish on-street parking where driveways have been abandoned. Phase 3 • Install on-street parking fee collection kiosks on all central business distritt sweets where priced parking occurs. • Encourage more shared parking agreements. • Change zoning codes to encourage shared parking (may be completed earlier az component of form- based code adoption). Downtown Ukiah Parking Improvement Study for she City of Ukiah -Draft Report ` December 27, 2007 Page 27 w-t`ans Study Participants and References Study Participants Pri ncipal-i n-Charge: Senior Planner: Graphics: Data Collection: Report Review: References Steve Weinberger, P.E., PTOE Zachary Matley, AICP Deborah Dunn, Zachary Matley Elizabeth Cordtz, Jennifer Rhodes Dalene J. Whitlock P.E., PTOE Downtown Revitalization Master Plan, City of Ukiah, 1992 Downtown Parking Improvement Program: An Implementation Strategy (or the Management of Ukiah Downtown Parking District, City of Ukiah, 1995 Parking Generation, Third Edition, Institute of Transportation Engineers, 2004 Parking Management Best Practices, Todd Litman, American Planning Association, 2006 Shared Parking, Second Edition, Urban Land Institute, 2006 The High Cost of Free Parking, Donald Shoup, American Planning Association, 2005 UKI030 Downtown Ukiah Parking Improvement Swdy for the City of Ukiah -Draft Report ~ w-YranS December 27, 2007 Page 29 Appendix A Parking District Maps Downtown Ukiah Parking Improvement Study for the City of Ukiah -Draft Report ~ December 2007 w-cans Ukiah Downtown Parking and Business ~N ImproWement Area il' Ti"" ~. l_' i i , ~ ~ ~ i O~ ~ ~ 1 ~ it ~ {. __ ~' , {_Ae ~ 1' { 1 1' Yr'.~ t r 1 4 ~ j ~ I 1 ~~{ 11, '~ ' Y' A ~~ ~ ~. i' K ~, 8 ~' _i i lY .i ^t ,~ r 'j ,~ ~ i i~ ,_ t \~~f i u~ ~~ 1. ~ 41.i 1. J Q ~ yb u` ) ~ .;1 , ~ 1~+fk"wee ~ 3 , ~~~ ~ ~~ i ~?~ V~~ . s :~ J e `f ~1 p ` 1 , J i E ~{ Jt 1 '. ~ f'~~~ i,. i` . 51 ~~ ,~. 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' G Y N W N m ~ p Wm h O N 8 m m a pp Y ~ NN m N W N ~ N m ~ p YI m O 0 ~ m Nl N ~ ~ ~ n~ ~ ~ ~ m N ~ W a n ~ m ~ ~ e~ ^ ~NY a n ~ m m ~ W a g~ y m N g . a ~ ~a ~ m ~ ~ m N ~ m e rv~ m ~ ~ ~ o u ~ '~r e, NY m ~ ~ m ~ ~ m a~ ~ mg g M ~' ~ o Q M ~A NY W I~1 ~ m N O m W 'I~ ~ ~ m m ~ s ~ o ~ o_ ry o~ rve m ~ rv m W $ W av~ m mN ~ ~ o ~ < W n W v~ ~` N N m m N m O m OO W m 0 m Y I~ W C m m H H ' N m ~ m << m N O YY W 0011 m O W l n N N W CI l J O N m ' m ~ ' N 1 C m 0 m c ~ j m ~ ' ~ ~ O f ] ~ N m ~ N ~ ~ ~ 4) m W ~ ~ ~ a n p ~ ~ ~ ~ ~ ~ Ys O g U K u W W F ~ o w 'gg L ~ K V U W W W ~ W ~ W LL ~~ ~lnm & y RR~ Q m TTT~ N ITEM NO. 10.i .. DATE: Apri116.2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF A REVISED CONSENT TO SALE [TRANSFER STATION CONTRACT] AND A REVISED ASSIGNMENT AND CONSENT [WASTE COLLECTION CONTRACT] SUMMARY: This item was continued from the April 2, 2008, City Council meeting to see if David Carroll, John Shea and Bruce McCracken (the "Buyers") of the Taylor Drive Transfer Station and the City's waste collection franchise would agree to take more green and wood waste to Cold Creek Compost ("CCC"). Under the proposed revisions to Consent to Sale [Transfer Station Contract] and the Assignment and Consent [Waste Collection Contract] presented to the City Council on April 2, the Buyers would be obligated to take all green waste collected at the curbside in Ukiah to CCC, unless or until another comparable composting facility were available in Mendocino County. However, they would not be required to take green and wood waste received at the Transfer Station to CCC. The City Council continued this item for two weeks, because CCC's lawyer indicated that its composting operation was not viable, if it did not receive all of Ukiah's green waste. Approximately 200 tons per month is collected from the curbside. According to the Buyers, the total of all green and wood waste currently received at the Transfer Station, including the green waste collected at the curbside, averaged 503 tons per month over the last six months. Approximately 20% of this total comes from self-haulers who come from outside the City. Based on these figures 400 tons per month represents the total green waste collected from sources in the City. Continued on RECOMMENDED ACTION: Approve revised agreements as contained in Attachments 1 and 2. ALTERNATIVE COUNCIL POLICY OPTIONS: Refuse to approve revised agreements which will effectively prevent a sale of the business from Jim Ratto to the Buyers. Citizen Advised: Requested by: David Carroll, John Shea and Bruce McCracken Prepared by: David J. Rapport, City Attorney Coordinated with: Mayor Douglas Crane; Council member John McCowen Attachments: Attachment 1 -Consent to Sale [Transfer Station Contract] Attachment 2 -- Assignment and Consent [Waste Collection Contract] Attachment 3 -April 11, 2008 Letter from Therese Cannata APPROVED: Pat Thompson, Interim City Manager April 16, 2008 Page 2 of 4 On April 8, 2008, the subcommittee met with the Buyers, Martin Mileck and his consultant. Emmett Jones, Mike Sweeney from MSWMA and the City Attorney also attended. The meeting addressed two issues: (1) the Buyers proposal to take additional green waste to CCC and (2) the financial impact on the Buyers and the City of an increase in the gate fee at the Portrero Hills Landfill. At the meeting, an effort was made to get CCC to state the amount of green waste, expressed as tons per month, it needs in order to process into compost all of the materials it currently receives at its facility. Martin Mileck said that it needed all of the material it had been receiving, which he estimated at approximately 500 tons per month. The Buyers made the following proposal. They would agree to take the following amounts of green waste to CCC on the following terms: 1. The Buyers will deliver an annual average of 200 tons per month of Green Waste Material to CCC and agrees to pay a CCC gate fee not to exceed the fee currently charged by CCC which is $32/ton. This material will be collected from the curbside in Ukiah and delivered directly to CCC. 2. The Buyers will deliver or arrange for the delivery of an additional annual average of 200 tons per month of Green Waste Material to CCC, but will not pay any gate fee to CCC to accept this material. The source for this material is at the discretion of the Buyers. 3. The total average annual amount to be delivered to CCC under items 1 and 2 above is 400 tons/month. The actual tonnage delivered in any one month will be subject to seasonal variations affecting the amount of green waste available to the Buyers from their sources. 4. All of the green waste will be delivered to CCC by Transfer Vehicles un- ground but pre-sorted. 5. CCC must continue to accept sheet rock from the Buyers at no charge. Martin Mileck and his consultant stated at the meeting that they were not prepared to respond to this proposal, but would respond at a later time. On April 11, 2008, CCC's attorney emailed the letter attached as Attachment 3. The letter rejects the Buyer's proposal and, instead, seeks 550 tons per month for which CCC will charge $28/ton. This is essentially the same proposal CCC made in the contract that was presented to the City Council on April 2. In response to an inquiry from the subcommittee after the meeting, the Buyers have agreed to take the 400 tons/month to CCC for not less than one year after escrow closes on their purchase of the businesses. This matches the request from CCC and 2 April 16, 2008 Page 3 of 4 should provide some certainty to CCC and allow it some time to find additional sources of green waste. The Buyers indicated that because of the increase in landfill costs, they must increase the amount they divert through recycling. To accomplish that, they have hired additiona employees for the Transfer Station who separate out wood and green waste from all of the delivered refuse, whether mixed with other refuse or delivered separately. Through these efforts they have been able to divert approximately 125 tons/month of additional wood and green waste. The Buyers maintain that they should not be required to take this material to CCC, which would have gone to a landfill, but for their efforts to extract this material from the waste stream, and to pay CCC to accept this material, when Buyers have other, more profitable markets for it. In the April 11 letter, CCC proposes a credit for 25 tons/month, if Buyers bring more than 550 tons to CCC, in recognition of the Buyers efforts to increase waste diversion. The subcommittee concluded that the proposed 400 tons per month comes close to providing CCC with the amount of green waste it says it needs to keep its operation viable. While the average of $16 per ton, which the Buyers offer to pay CCC to accept this material, is less than the $28 per ton sought by CCC, the subcommittee concluded that the offer represents a reasonable compromise given the waste collection rates recently approved by the City Council, the Buyers increased landfill and fuel costs and the alternative markets for green waste available to Buyers. The subcommittee based its judgment on the priorities endorsed by the City Council at the April 2 meeting which were in the following order: (1) protecting the City's ratepayers; (2) the financial viability of the City's waste collection contractor; and (3) the preservation of commercial composting opportunities in the County. The subcommittee also based this recommendation on its assessment of the effect on both the City and CCC, if the City Council were to refuse to approve the sale of these businesses to Buyers. That assessment concluded that both the City and CCC would be in a worse position, if Jim Ratto retained ownership of the businesses and continued to perform under the existing contracts without the concessions agreed to by the Buyers in the attached agreements. On the second issue, pursuant to the confidentiality agreement, the Buyers provided information to the subcommittee on the gate fee they are negotiating with Portrero Hills and the savings they can achieve based on the increased waste diversion described above. Based on the figures they provided and a review of those calculations by Emmett Jones and Mike Sweeney, the subcommittee is satisfied that the increased landfill costs will not impact the rates approved in March or jeopardize the provisions in the Transfer Station Agreement that do not allow an increase in the Transfer Station gate fee based on an increase in landfill gate fees. Attached as Attachments 1 and 2, respectively, are revised agreements approving the sale of the Transfer Station and assignment of the waste collection contract. The April 16, 2008 Page 4 of 4 agreements are in redlined format showing the changes from the versions presented on April 2. As you can see, the transfer station agreement incorporates and obligates the Buyers to comply with their offer to deliver 400 tons/month of green waste to CCC on the terms discussed above for a minimum period of one year and for as long as a licensed composting facility comparable to CCC is not available in Mendocino County. The agreement approving the assignment of the waste collection contract substitutes $32/ton for the "reasonable fee" in the prior version. With these changes and the previous revisions, the subcommittee recommends approval of the agreements. The revised agreements continue to obligate the Buyers to recycle green waste in accordance with state law requirements, and to limit biomass conversion so that the City receives full credit under AB939 for all of the waste diverted by Buyers from the landfill. 4 ATTACHMENT 1, -Formatted: Font: Bold ~~, CONSENT TO SALE __ _-._.__._. ~ ---_.__., (TRANSFER STATION CONTRACT( ~ '~., Formatted: Tabs: 0",_Centered THIS ASSIGNMENT AND CONSENT (the "Agreement") is made this _ day of April, 2008, by and between the City of Ukiah, a municipal corporation ("City"), Solid Wastes Systems, Inc., a Califomia corporation ("SWS"), North Bay Corporation, a Califomia corporation ("Affiliate'), and Yulupa Investments, LLC, a California limited liability company ("Yulupa"), collectively. "the P,arti~s "" with reference to the Following: A. City, SWS and Affiliate are parties to that certain Agreement dated November 20, 2001. as amended April 17, 2002 (the "Contract"), for the operation of the Ukiah transfer station ("Transfer Station"), a copy of which is attached hereto as Exhibit A. B. At a closing to be held on or about April 24, 2008, all the outstanding shares of S W S will be sold to David Carroll, John Shea and Bruce McCracken and/or their family tmsts ("Buyers") and the real property located at 3151 Taylor Drive. Ukiah, Califomia, also known as Mendocino County Assessor Parcel No. 184-140-13 (the "Property"), that houses the Transfer Station will be sold to Yulupa (the "Closing"). D. Under the Contract "Contractor shall not directly or indirectly, voluntarily or involuntarily assign, morcgage, pledge or encumber any interest in all or a pan of the contract and shall not transfer any controlling stock or ownership interest in Contractor or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Contract providing services hereunder without the prior written consent of the City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph." F:. Subject to the terms and conditions as further stated herein, the artier' wish to_document _ _ Deleted: Pence: ___ --- City's consent to the sale of the stock in S W S to Buyers and the sale of the Property to Yulupa (col Iectively, the "Sale'), and to eontirm the status of the Contract, on the terms herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth and other consideration the receipt and adequacy of which are hereby acknowledged, _ theFartics hereby agree as follows _ - ceieted: Parties ~i I. Approval. Subject to the conditions as set forth in paragraph 3 below, each of which must be satisfied prior to or at the Closing S W S shal I continue to possess all of its right, title and interest in the Contract. S W S hereby agrees to continue to keep, perform, fulfill and be bound by all of the terms, covenants and conditions required to be kept, performed, and/or fulfilled by it under the Contract from and after the Closing. As of the Closing, Affiliate hereby assigns, conveys. transfers and sells to Yulupa all oC Affiliate's right, title and interest in the Contract. Yulupa hereby agrees to continue to keep, perform, fulfill and be bound by all of the terms, covenants and conditions required to be kept, performed, and/or fulfilled by Affiliate under the Contract from and after the Closing. 2. Release oC Affi Bate. Subject to the conditions as set forth in paragraph 3 below, each of which must be satisfied prior to or at the Closing Affiliate shall be forever released from all duties and obligations, to the extent assigned to and assumed by Yulupa, under the terms of the Contract. Thereafter, Affiliate shall have no liability with respect to the Contract or the performance of any obligations thereunder or any breach or default under the terms thereof, to the extent that such liabilities and/or obligations relate to the Contract and arise after the Closing. 3. Consent to the Sale. Subject to the following. each of which must be satisfied prior to or at the Closing, City hereby consents to the Sale: a. All deeds of trust encumbering the Property prior to the Closing shall be conveyed and removed as encumbrances on the Property, and the Property shall not be used as security for any loans or other debts for the remaining term of the Contract. b. A Memorandum oC Agreement approved by City shall be recorded, providing notice of the City's lease and purchase rights under the Contract. c. The Ratto Group of Companies Inc., a California corporation (the "Ratto Group"), shall execute in a form approved by the City and be bound by an agreement that guarantees the performance of S W S and Yulupa under the Contract for a period of three (3) years from the Closing. d. Before it may use a different landfill for the disposal of refuse or garbage accepted at the Transfer Station, SWS shall obtain prior approval from City to use a properly licensed landfill other than the Portrero Hills landfill, such approval not to be unreasonably withheld. The City's City Manager is authorized to grant that approval. The City shall have no obligation to approve an increase in the gate fee at the Transfer Station on account of increased gate fees or transportation costs associated with the use oCa different landfill or continued use of Portrero Hills landfill. e. SWS may take to the facility located at 4200 North State Sheet, Ukiah, California ("North State Street Facility") green and wood waste delivered by self-haulers or contract waste haulers to the Transfer Station for as long as more than Sl)% of the voting stock of Pacific Recycling Solutions, Inc., a California corporation ("PBS"). is owned by Buyers or any of them and PRS operates the Facility in accordance with all governmental approvals and legal requirements and provided that PRS accepts such waste in accordance with the Agreement for the Receipt of Green and Wood Waste between PRS and SWS, dated September I, 2007 and a copy of which is attached hereto as Exhibit B ("Green Waste Agreement'), or any successor agreement with the same terms and conditions. "1'he term of the Green Waste Agreement including the provision providing For a cost of living increase only in the gate fee after September 1, 2012, coincides as to SWS with the remaining term of the Contract and the City shall be deemed a third party beneficiary oC the Green Waste Agreement. This consent to take these materials to the North State Street Facility is conditioned on PRS and SWS, in disposing throueh biomass conversion of green or wood waste received from all sources in Meudocino County eomplymg w_ nh and _ not exceeding the limit in Public Resources Code §41783.1 (curzently ICI,% (21 eomplymg with [ht Offer_ to Deliver Green Waste m Cold Creek Comoos[ ("CCC'l attached hereto as Exhibit C. for aperiod of one year commencing at the Closing or until such time as CCC is no longer the only licensed comoosi~ facility in Mendocino Countv that is licensed to accent and is savable of aeeCDlilte the full ranee oC inputs now accepted by CCC including Ukiah rg Ben waste. whichever occurs last and (31 CCC agrees to and accepts such green waste in accordance with the terms set forth in Exhibit C. Assienee agrees that it will not_claim_ more than S30,per ton_(.adjusted for. the cost_of_lionx ifapplicable) for disposing of Breen waste or wood waste collected within the City of Ckiah echether such material is taken to the Norttt State Street facility or to CCC Nonvithstandinegnv provision in the Contract to the contran~, Assignor agrees that it will not charee more than $38 ner ton ad~usted For the cost of living if aonlicable under the Contract) for Breen or wood waste which is accented at tlCe Transfer Station. resardless of whether such materials are taken to the North State Street facilih= or to CCC. The City reserves the right to approve or disapprove the use of anv comnostine facilii`~ used by PRS or SWS other than CCC. such approval not to be unreasonably withheld. The Cih~ retains this control, in Dart. tO ~iromote the development and availability of cost _i DeIMeA: through biomas effective and accessible composting opportunities for all sources of comnostable materials. including re~en and wood waste venerated in the Coun ~. f S W S shall not chazge more than $14.95 for each appliance accepted for disposal at the Transfer Station, unless a different race is approved by the City. If in the future, SWS is reimbursed by the City, the ratepayers or any govemmental or private industry program for all or part of the cost to accept or process appliances, the tee charged by SWS shall be reduced by the amount oCthat reimbursement. g. SWS shall not sock a rate increase at the Transfer Station based on any reduction in Transfer Station revenues resulting from the City authorizing Ukiah Waste Solutions, Inc. to take green and wood waste or single stream recycling to the North State Street Facility. h. If PRS receives all required governmental approvals for a materials recovery facility ("MRF") at the North State Street Facility and for as long as more than 50% of the voting stock of PRS is owned by Buyers or any of them and PRS operates the MRF in accordance with those approvals and all other legal requirements, the City consents to S W S taking recyclable materials delivered to the Transfer Station by self-haulers or contract waste haulers to the MRF in addition to its existing approval to take such materials to the Timber Cove Recycling, Inc. facility located at 3417 Standish Avenue in Santa Rosa California. i. SWS shall use its best efforts to maintain in full force and effect the Recyclable Materials Agreement between S W S and Timber Cove Recycling. Inc., dated August 13, 2007 and attached -- - - hereto as Exhibit, for the remaining term of the Contract and the parties to that contract agree that the _.. - -~: oeteted: c City shall be deemed a third party beneficiary of that agreement. Section 9.03(a) of the Contract is amended to read as follows: "Co initiate default proceedings under this Section, the City shall give written notice to Contractor and its Surety describing the nature of the default and the City's intention to declare Contractor in default. Contrnctor may be declared to be in default if it fails to cure the default within thirty (30) days of receipt of the City's notice; provided, however, that if the nature of the default is such that it cannot be cured within thirty (30) days, Contractor shall not be declared to be in default as long as it commences a cure within thirty (30) days of receipt of the notice from the Ciry and diligently pursues such cure to completion. If Contractor fails to so cure the default, and unless Contractor promptly shows cause to the City"s satisfaction why it should not be declared in default under the Contract, the City may declare Contractor in default and notify Contractor and its Surety of such declaration, in which event the consequences of such default as provided in Section 9.02 shall apply. Notwithstanding the foregoing, Contractor shall be liable for liquidated damages as provided in Section 9.02 from the date the Ciry gives written notice as provided in this Section until the Contractor cures the default in accordance with this Section." k. "Che City shall continue its current self-hauling practices with respect to solid waste produced by City government operations. 4. Contract in Effect. The Contract is in full force and effect, and, except as provided herein. has not been modified, altered or amended in any respect and contains the entire agreement between the _ arties wrth respect to the operation of the Transfer Station ~ oelMee: v,.de~ ~ 5. No Default. SWS, Affiliate and City are not in any respect in default in the performance _- of the terms and provisions of the Contract, nor to any~,uch Party knowledge is there now any tact or oeletea: verrys ' condition which, with notice or lapse of time or both, will become such a default. S W S and Affiliate have not assigned, transferred, sublet or hypothecated their interest under the Contract, or any portion thereof. 6. No Offsets. Neither SWS or Affiliate nor City has any claim, charge. defense or offset under the Contract or otherwise, against charges due or to become due thereunder, nor has any~uch Partv _. - Deleted: v,.ry asserted any such claim, charge, defense or offset. - ~" 7. Governing Law. This Agreement shall be governed by, and interpreted and enforced under, the laws of the State oC California, without giving effect to conflict oC laws principles. S. Counteparts. This Agreement may be signed in two (2) or more counterparts. each of which shall be deemed an original but when taken together shall constitute one and the same instrument. -- Formatted: NumCOntHalf 9. No Third Panv Beneficiaries. The Parties intend this Agreement for the sole benefit of the Parties and do not confer or intend to confer anv rights under this Agreement or anv rieht to enforce this Agreement on anv person or entity who is not one of the Parties. IN WITNESS WHEREOF, the artws have executed this Agreement effective as of the day and --.- - Deleted: yanles year first above written. CITY OF UKIAH sy: SOLID WASTES SYSTEMS, INC. ey: NORTH BAY CORPORATION ey: YULUPA INVESTMENTS, LLC - Formatted: Right: 1.75", Col #1 width: 5.75" By: ATTACHMENT2 ASSIGNMENT AND CONSENT WASTE COLLECTION CONTRACT THIS ASSIGNMENT AND CONSENT (the "Agreement") is made this day of14pril_, 2.0__0__8. -~rtnatted: Nat Highlight ~~ by and between the City of Ukiah, a municipal corporation ("City"), Solid Wastes Systems, Inc., a California corporation (`Assignor"), and Ukiah Waste Solutions, Inc., a California corporation ("Assignee"), collectively. "the Parties' with reference to the following: A. City and Assignor are parties to that certain Contract for Collection, Transportation and Disposal of Garbage. Refuse, and Rubbish, and Recycling oC Recyclable Materials from within the City of Ukiah between Assignor and City dated March 23, 1992, as amended May 9. 1997, August 21, 1998 and November 7, 2001 (the "Contract"), for the hauling and disposal of waste from the City, a copy of which is attached hereto as Exhibit A. 6. David Carroll, John Shea and Bruce McCracken and/or their family trusts ("Buyers") are the sole shareholders of Assigncc. C. At a closing to be held on or about April 24, 2008, the Contract will be assigned from Assignor to Assignee (the "Closing"). D. Under the Contract: "Contractor shall not directly or indirectly, voluntazily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of the contract and shall not transfer any controlling stock or ownership interest in Contractor or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Contract providing services hereunder without the prior written consent of the City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph." E. The arties wish to document Ctty's consent the assignment of the Contract from Assignor to Assignee (the "Assignment"), and to confirm the status of the Comract on the terms herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth and other consideration the receipt and adequacy of which are hereby acknowledged, the arties hereby agree as follows: I . Assignment. From and after the Closing. Assignee shall possess all of Assignor's right title and interest in the Contract. Assignee hereby agrees to keep, perform, fulftll and be bound by all of the terms, covenants and conditions required to be kept, performed, and/or fulfilled under the Contract from and after the Closing. 2. Consent to Assignment. Subject to the conditions, as set forth below, each of which must be met prior to the Closing, City hereby consents to the Assignment: p. _ Assignee confirms its agreement to the City's 3year rate review, as required by the Contract, completed on arch 5 2008. b. In addition to the City's existing approval of Assignor's taking green and wood waste to the Transfer Station at 3151 'Caylor Drive, Ukiah, Califomia (the "Transfer Station"), the City consents to Assigncc taking wood and green waste collected in the City under the Contract directly to the ~, Deleted anp ea ___) D~IMed: parties _ ___~ t ortnatted: Not Highlight i De1Med: _ 1 Formatted: No[ Highlight facility located at 4200 North State Sheet, Ukiah, California ("North State Street Facility") which is operated by Pacific Recycling Solutions, Inc., a California corporation ("PRS"), for as long as (I) more than 50% of the voting stock of PRS is owned by Buyers or any of them, (2) the City is allowed to inspect the faeiliry to verify that materials brought to the facility by U W S under this agreement are properly weighed and accounted for, (3) PRS operates the facility in accordance with all governmental approvals and legal requirements, (q) PRS accepts such waste in accordance with the Agreement for the Receipt of Green and Wood Waste between PRS and Assignor, dated September I, 2007 and attached hereto as Exhibit B ("Green Waste Agreement"), or any successor agreement with the same terms and conditions, (5) the term of the Green Waste Agreement, including the provision providing for a cost of living increase _ only in the gate fee after September I, 2012, coincides as to -ssi nee with the remaining term of the --, Deletes: nssignor Contract and the City is recognized by Buyers as having the status of a third party beneficiary of the Green ------- Waste Agreement, (6) in disposing of green or wood waste through biomass conversion PRS complies with and does not exceed the limit in Public Resources Code §41783.1 (currently 10%), and (7) either PRS disposes of green waste collected at curbside in the City under the Contractpy_ ssi°nec ("Ukiah green _ ------- ~ ceieeea: aad gro°^a waste") at Cold Creek Compost ("CCC") or Assignee tapes such green waste directh~ to CCC (A) as long ,- -- - Deletes: PRs as CCC js licensed to accept Ukiah green waste, (B) as long as CCC is m full compliance w ith its license, _.. (Deleted: (A) (C) for the longer of one vest from the Closing or until CCC is not the only licensed composing facility in Mendocino County that is licensed to accept and is capable of aeecpting the full range of inputs now accepted by CCC, including Ukiah green waste, and (D) as long as CCC charges PRS. Asslgn,or or Assignee agate fecXhat~ioes not exceed $32/tag The City reserves the right t_o approve or disapprove the _ --- --- Deleted: aasoaame use of any composting facility used by PRS Assignor or Asstenee other than CCC, such approval not to be'~ _ Deletes: m aecepr ukian green waste. unreasonably withheld The City retains this control, in part, to promote the development and availabthty 'A aaaoname fea" as °sea natal^, mesas of cost effective and accessible composting opportunities for all sources of comoostable materials a fee wmm~ is sabswmiany below the gore fee charged under the Geen Waste IrlCladlR$green and WOOd WdSte eg neratGd 1^ the CoUnry. ~ Agreement ens which is reasonable given the circumstances slating to c. If PRS receives all required governmental approvals for a materials recovery I o-ansp°nati°2 delivery ana eonaidon (e.g., already ground) of the Ukiah green facility ("MRF") at the North State Street Facility and for as long as more than 50% of the voting stock of waste aaa me marks rots°°n matedai. PRS is owned by Buyers or any of them and PRS operates the MRF in accordance with those approvals ! me city rcaerr-es me agnt, in its sole ~ and all other Ic al re uirements, the Ci conscnis to Assi nec talon rec ~clable materials current) sin le g 9 tY g g 1 ( Y g aisaeuon, m derermine_basea o^ the beat information available ro it, whether the fee stream recyclables) collected in the City under the Contract directly to the Notth State Street Facility in is tea=°name in me evem addition to its existing approval of taking such materials to ilia Transfer Station. oe~: ace aaa PRs cannot agree. '~. The Ciry Manager or his or her designee ~ d. Pazagraph 21 oC the Contract shal I be amended to read as follows: '~ may make mat aerertniaati°n wkn a agnt ' of appeal by either CC( °r PRS m the I Cirv ('ouncil. "The Contractor shall provide and continue in force throughout the life of the agreement a standby letter of credit, or other security approved by City, in the amount of Three Hundred'ihousand Dollars ($300,000) as security for the faithful performance by Contractor of each and every term, covenant and condition of this Contract by Contractor agreed to be performed, provided that the cost of such letter of credit or other security shall be included in Contractor's costs for rate making purposes." e. Assignee confirms its commitment to work closely with Ukiah Unified School District to increase its diversion from the waste stream of recyclables at schools within the City. E Assignee shall provide the City with information about its commercial customers in the City which is requested by City, including, but not limited to, names, addresses, type oC service, and account information. g. Assignee shall obtain written approval from the City to the use of a landfill other than Portrero I Iills Landfill, such approval not to be unreasonably withheld. The City's City Manager is authorized to grant that approval. h. The Ratto Grouo of Companies Inc._ a California eomoration, shall execute in a form alnnroecd by the Clh~ and be bound by an a,~canent that guarantees the perform mce of the Assie~nee under the Contract for a period gf three _ 3 vcan from the Clos_inv; 3. Contract in Effect. 'Che Contract is in full force and effect, and, except as provided herein, has not been modified, altered or amended in any respect and contains the entire agreement between the attics with respect to the hauling and disposal of refuse in the City. - Deleted: penics 4. No Default. Neither Assignor nor City is in any respect in default in the performance of the terms and provisions of the Contract, nor to either~uch Partvs- knowledge is th__ere_now any fact or _____ _ _. . Deleted: pe.rys ~ condition which, with notice or lapse of time or both, will become such a default. Assignor has not J assigned, transferred, sublet or hypothecated its interest under the Contract, or any portion thereof. 5. No Offsets. Neither Assignor nor City has any claim, charge, defense or offset under the Contract or otherwise, against charges due or to become due thereunder, nor has either~h Party asserted _. oetete~do pa.ryn~ry 1 any such claim, charge, defense or offset -- 6. Govemine Law. This Agreement shall be governed by, and interpreted and enforced under, the laws of the State of California, without giving effect to conflict of laws principles. 7. Counterparts. This Agreement maybe signed in [wo (2) or more counterparts, each of which shall be deemed an original but when taken together shall constitute one and the same instrument. '- -_ -~ - Formatted: NumCOntHalf ' 9. No Third Party Beneficiaries. "fhe Parties intend this Agreement for the sole benefit of the Parties and do not intend to confer any rights under this Aerccmcnt or,any right to enforce this Agreement on a~Qerson or entity who Is not one of the Panics. IN WITNESS WHEREOF, the attics have executed this A reement effective as of the da and ~- ~ g Y -_ 1 ~ Deleted: oxnles ` year first above written. - -~~- CITY OP UKIAH Bv: SOLID WASTES SYS'CEMS, INC. Bv: UKIAH WASTE SOLUTIONS, INC. EXHIBIT A CONTRACC EXHIBIT B AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE This Agreement ("Agreement') is made and entered into effective this h' day of September 2007, by and between Pacific Recycling Solutions, Inc., a California corporation ("PRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"), and Solid Waste Systems. Inc., a California corporation ("SWS"). RECITALS A. PRS owns and operates a green waste and wood waste processing facility in Mendocino County, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials'). C. SWS holds a contract with the Ciry of Ukiah for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste, and U W S holds a contract with the City of Ukiah for the collection and disposal of solid waste. SWS and UWS desire to enter into an agreement with PRS which will provide for disposal of 10,000 tons annually of Materials at the Facility. In consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: I. Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yazd waste, provided that dead trees and branches may not exceed six (6) inches in diameter and Cour (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process' shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at S W S's transfer station or collected by U W S, as provided for under their contracts with the City of Ukiah, and delivered by SWS or UWS to the Facility, on the terms herein. 3. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS or UWS, SWS and UWS shall pay PRS a fee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 3 herein (the"Processing Rate"). Fees shall be paid by S W S and U W S within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. 4. Adjustment of Processing Rate: The Processing Rate of "shirty Dollars ($30) per ton shall be held constant for the first five (5) years, provided that, at the beginning o(the sixth (6'") year and annually thereafter the Processing Ratc will be increased by a percentage equal to the percentage increase, if any_ in the Consumer Price Index, All Items, Cor the San Francisco-Oakland 6 Metropolitan Area published by the United States Department of Labor, Bureau oC Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee or tax ("Government'1'ax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Government Tax, either at the per ton mte of such Tax or if such'1'ax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an UWS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of the Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted Processing Rate. 5. Term of Agreement: This Agreement shall expire as to each of S W S and U WS on the expiration of its respective contract with the City oC Ukiah, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or UWS, on the other, shall be entitled to terminate this Agreement in the event of the other party's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in the event of such party's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the cast of bankruptcy. the petition is removed or withdrawn within thirty (30) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection oCnnn-conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non- conforming Materials at the Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit FRS's right to reject such non-conforming Materials. SWS or L'WS shall bear all costs associated with inspecting, testing and rejecting any non- conforming Materials. Each party agrees to comply with all laws applicable to such party in the performance of its duties hereunder. 7. Amount of Waste to be Delivered: SWS and UWS estimate that they will deliver an aggregate minimum of 30 tons per day and an aggregate maximum oC 75 tons per day of Materials to the Facility. 8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours. 9. Attorney's Fees: If am litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney's Cees and expenses incurred in connection with such litigation. 10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and FRS. I I. Confidentiality: Neither party shall disclose the Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow S W S or U W S to 7 disclose the Processing Rate as may be reasonably requested or required by a franchisor under a franchise agreement. 12. Counterparts: This Agreement may be executed in wunterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Beneficiary: The City of Ukiah is a third party beneficiary of this Agreement. Date: Date: Date: Paci£c Recycling Solutions, lnc. By: David Carroll Solid Waste Systems, Inc. By: John Shea Ukiah Waste Solutions, Inc. By: John Shea EXHIBIT A CONTRACT EXHIBIT B AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE This Agreement ("Agreement") is made and entered into effective this I~` day of September, 2007, by and between Pacific Recycling Solutions, Inc., a California corporation ("PRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"), and Solid Waste Systems, Inc., a California corporation ("SWS"). RECITALS A. PRS owns and operates a green waste and wood waste processing facility in Mendocino Connty, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials"). C. SWS holds a contract with the City of Ukiah for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste, and UWS holds a contract with [he City of Ukiah for [he collection and disposal of solid waste. SWS and UWS desire to enter into an agreement with PRS which will provide for disposal of 10,000 tons annually of Materials at the Facility. [n consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: I. Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, pmnings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process" shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at SWS's transfer station or collected by UWS, as provided for under their contracts with the City of Ukiah, and delivered by SWS or UWS to the Facility, on [he terms herein. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS or UWS, SWS and UWS shall pay PRS a fee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 3 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. 4. Adjustment of Processing Rate: The Processing Rate of Thirty Dollars ($30) per ton shall be held constant for the first five (5) years, provided that, at the beginning of the sixth (6'") year and annually thereafter the Processing Rate will be increased by a percentage equal to the percentage increase, if any, in the Consumer Price Index, All Items, for the San Francisco-Oakland Metropolitan Area published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any govemmen[ having jurisdiction over the Facility should impose any fee or tax ("Govemment Tax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Govemment Tax, either a[ [he per ton rate of such Tax or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an UWS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of the Processing Rate, PRS shall deliver to SWS and U W S written notice stating the adjusted Processing Rate. 5. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the expiration of its respective contract with the City of Ukiah, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or Uws, on the other, shall be entitled to terminate this Agreement in the even of the other party's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in [he event of such party's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (30) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection ofnon-conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non-conforming Materials a[ [he Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit PRS's right to reject such non-conforming Materials. SWS or UWS shall bear all costs associated with inspecting, testing and rejecting any non- conforming Materials. Each party agrees to comply with all laws applicable to such party in the performance of its duties hereunder. 7. Amount of Waste to be Delivered: SWS and UWS estimate that they will deliver an aggregate minimum of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility. 8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thm Saturday during normal operating hours. 9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under [his Agreement, or concerning any provisions of this Agreement, the prevailing party in such litigation shall be entitled, in addition ro such other relief deemed appropriate by the court, to reasonable attorney's fees and expenses incurred in connection with such litigation. 10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS. 11. Confidentiality: Neither party shall disclose [he Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow S W S or U W S to disclose the Processing Rate as may be reasonably requested or required by a franchisor under a franchise agreement. 12. Counterparts: This Agreement may be executed in counterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Beneficiary: The City of Ukiah is a third party beneficiary of this Agreement. Date: Dale: Date: Pacific Recycling Solutions, Inc. By: David Carroll Solid Waste Systems, Inc. By: John Shea Ukiah Waste Solutions, Inc. By: John Shea Exhibit C Solid Waste Systems, Inc. -Offer to Deliver Green Waste to Cold Creek Compost Solid Waste Svstems Ina("SWS"1 will deliver or arrange for the deliverv of green waste to the Cold Creek Compost facility in Potter Valley ("CCC") in the following amounts and on the following terms: 1. Ukiah Waste Solutions Inc. ("UWS"~, a corporation under common ownership with SWS, will deliver an annual average of 200 Tons Per Month of Green Waste Material to CCC and agrees to pay a CCC Bate fee not to exceed $32/ton. This material will be collected from the curbside in Ukiah and delivered directly to CCC. 2. SWS will deliver or arranz'~for the deliverv of an additional annual averaee of 200 Tons Per Month of Green Waste Material to CCC. but will not pay any gate fee to CCC to accept this material. The source for this material is at thediscretion of SWS. 3. The total averaee annual amount to be delivered to CCC under items 1 and 2 above is 400 tons/month. The actual tonnage delivered in any one month will be subject to seasonal variations affecting the amount of green waste available to S WS from its sources. _ 4. All of thegreen waste will be delivered to CCC by Transfer Vehicles un-ground but pre-sorted. 5. CCC must continue to accept sheet rock from SWS/UWS at no charge. - Formatted: Font Times New Roman, 11 pt 10 EXHIBIT. __._ __... ueletetl:c RECYCLABLE MATERIALS AGREEMENT [TIMBER COVE] ~AI~I~A~L~, CIHI~I~1G ~ O'~LOOHE ILILIP Attorneys at Law AttGC;hment # 3 Therese Y. Cannata tcannata@ccolaw.com April 11, 2008 By E-Mail and U.S. Mail David Carroll Bruce McCracken Pacific Recycling Solutions, Inc. 4260 North State Street Ukiah, California 95482 By Email and U.S. Mail David J. Rapport Law Offices of Rapport and Marston 405 West Perkins Street Ukiah, CA 95482 B_v Email and U.S. Mail By Email and U.S. Mail Councilman John McCowen The Honorable Douglas Crane Ukiah City Council Mayor of City of Ukiah 300 Seminary Avenue 300 Seminary Avenue Ukiah, California 95482 Ukiah, California 95482 Re: Colcl Creek Compost, Lxc. Gentlemen: The most recent proposal by Dave Carroll and his partners falls significantly short of what Cold Creek Compost, Inc. (CCC) will need -both as to green waste supply and dollars for tip fees. CCC rejects it and urges the City of Ukiah to reject it. However, CCC continues to believe that this problem can be solved, provided we all cleazly understand the issues presented. We therefore present these comments and a two part alternative proposal for all to consider. Very truly yours, cc: Michael Sweeney Martin Mileck CA TA, CHING & O'TOOLE LLP THERESE Y. CANNATA - 100 Pine Street, Suite 1775 San Francisco, CA 9411 I Tel: 415.409.8900 ^ Fax: 415.409.8904 ^ www.ccolaw.com San Francisco ~ Walnut Creek April 11, 2008 Cold Creek Compost, Inc. A Counter Offer A. Be it Resolved - A Resolution by the City Counsel Cold Creek proposes that the City Council pass the following resolution, which simply asszn•es a green waste material supply to CCC arzd caps the rate that CCC can charge. The details that have been discussed in prior proposals will be resolved by the parties (or not). But with this resolution, the City will have its garbage service contracts in place and retain the important option of having a local compost facility to ensure that the City cmz meet its AB 939 waste diversion requirements. YYe obviously understand that the wording would be re-worked to conform to City legal requirements and customary practices. But here's the gist: 1. The City of Ukiah recognizes the need to comply with the waste diversion requirement under AB 939, and that by supporting Cold Creek Compost, Inc. (CCC), a local composting facility, the City preserves the ability, now and in the future, to compost materials at affordable prices. It is further recognized that CCC supplies the City's residents and the local agricultural community with high quality and affordable compost. 2. In order to ensure that CCC receives sufficient green waste materials to make compost, as well as a market rate tip fee for receipt of those materials, the City shall require all green waste materials that is either collected from the curbside or delivered to the Ukiah Transfer Station be delivered to CCC for a tip fee not to exceed the sum of $28 per ton. This tip fee shall be reviewed by the City every two years in order to consider adjustments as may be necessary to ensure quality waste management services in the City. 3. The City further requires that CCC work in cooperation with the City and Yulupa Companies, who own and operate the Ukiah Transfer Station as well as provide to the City related waste collection and hauling services, to increase the amount of compostable materials in order to reduce the amount of materials that must be delivered to landfill facilities. CCC shall report within six months of the date of this resolution on its progress in obtaining permission from the appropriate regulatory agencies to receive residential and restaurant food waste as well as soiled paper materials. CCC and the Yulupa Companies shall set targets for substantially decreasing landfill materials and report to the City of Ukiah annually. CCC shall work with the Yulupa Companies to prepaze and circulate educational materials to the community about what can and cannot be sepazated for composting. B. A Proposed CCC and Yulupa Companies Agreement CCC obviously wants a written contract with the Yulupa Companies. It's first offer was -1- for a very competitive price (tip fee) in exchange for a five yem• contract (i.e. commitment fi^om the Yulupa ('mm~rznia.cl. Dm~e Carroll and h_c partnertc hove expressed r'eServntinnc nhmi_t entering into a written contract with CCC regarding the supply of green waste materials, preferring instead to delegate that decision and control to the City of Ukiah. One rationale is that the pr^incipals of the Yulupa Companies believe that they can site and establish a fitlly permitted facility before the end of this year. (Mr. Carroll mentioned 6 months as his estimated time.) CCC believes that once the dust settles in this dispute, and Mr. Carroll recognizes that CCC is here to stay, the pm^ties will find that there are significant business advantages to wa^lcing together in the community. Accordingly, CCC tries once mare to propose contract terms that may prove mutually beneficial to the Yulupa Companies and CCC: 1. The Yulupa Companies have indicated that they incur a cost in separating coznpostable wood waste materials from garbage loads that would otherwise go to landfill. In recognition of this expense, CCC would be willing to issue a monthly credit to the Yulupa Companies equivalent to the tip fees for 25 tons. In addition, CCC would continue to take the sheetrock/gysmnmoterial from the Yulupa Companies at no chazge if sepazated. However, if not separated (that is, mixed in with the green waste), CCC would issue additional credit an equivalent in tip fees for 25 tons. Yulupa thereby saves the expense of separating this material but the deliveries do not increase their tip fees. Both credits are conditioned on delivery to CCC of at least 550 ton of green waste materials. 2. CCC will accept at its facility an additional quantity of up to 75 tons of green waste material at no charge to Yulupa (presumably the Lake County green waste materials), which it will use to exchange the ash with PALCO. 3. CCC agrees to work cooperatively with the Yulupa Companies to reduce the quantity of material that goes to landfill. The first step is to review with the Yulupa companies the materials that can be sepazated and composted already, such as soiled paper and waxed cardboard. The second is to move forward on the necessary permitting for all forms of local food waste. The third is to work together to publicize the new composting option, and get the customers to do more (and most of) the sorting. CCC would, in this regard, commit to organizing monthly meetings with representatives of the Yulupa Companies, city and county representatives for the purpose of rapidly increasing the quantity of materials diverted away from landfill. 4. Regarding the contract term, price and other conditions, CCC suggests that the parties take this in small steps. CCC would agree by contract to the $28 tip fee for a one year contract and agree not to approach the City for even a CPI based increase during that time period. Mr. Carroll may well pursue a further composting facility during that time. CCC may determine in that one yeaz that it cannot make ends meet with the reduction to a below market rate tip fee. But by the end of one year, some of the "unknowns" will be known, and this will make these decisions better informed. -2- ASSIGNMENT AND CONSENT [WASTE COLLECTION CONTRACT THIS ASSIGNMENT AND CONSENT (the "Agreement") is made this _ day of April, 2008, by and between the Ciry of Ukiah, a municipal corporation ("City"), Solid Wastes Systems, Inc., a Califomia corporation ("Assignor"), and Ukiah Waste Solutions, Inc., a California corporation ("Assignee"), collectively, "the Parties," with reference to the following: A. City and Assignor are parties to that certain Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclable Materials from within the City of Ukiah between Assignor and City dated March 23, 1992, as amended May 9, 1997, August 21, 1998 and November 7, 2001 (the "Contract"), for the hauling and disposal of waste from the City, a copy of which is attached hereto as Exhibit A. B. David Carroll, John Shea and Bruce McCracken and/or their family tmsts ("Buyers") are the sole shareholders of Assignee. C. At a closing to be held on or about April 24, 2008, the Contract will be assigned from Assignor to Assignee (the "Closing"). D. Under the Contract: "Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of the contract and shall not transfer any controlling stock or ownership interest in Contractor or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Contract providing services hereunder without the prior written consent of the City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph." E. The Parties wish to document City's consent the assignment of the Contract from Assignor to Assignee (the "Assignment"), and to confirm the status of the Contract, on the terms herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth and other consideration the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: 1. Assignment. From and after the Closing, Assignee shall possess all of Assignor's right, title and interest in the Contract. Assignee hereby agrees to keep, perform, fulfill and be bound by all of [he terms, covenants and conditions required to be kept, performed, and/or fulfilled under the Contract from and after the Closing. 2. Consent to Assignment. Subject to the conditions, as set forth below, each of which must be met prior to the Closing, City hereby consents to the Assignment: a. Assignee confirms its agreement to the City's 3 year rate review, as required by the Contract, completed on March 5, 2008. b. In addition to the City's existing approval of Assignor's taking green and wood facility located at 4200 North State Street, Ukiah, California ("North State Street Facility") which is operated by Pacific Recycling Solutions, [nc., a California corporation ("PRS"), for as long as (1) more than 50% of the voting stock of PRS is owned by Buyers or any of them, (2) the City is allowed to inspect [he facility to verify that materials brought to the facility by UWS under this agreement are properly weighed and accounted for, (3) PRS operates the facility in accordance with all governmental approvals and legal requirements, (4) PRS accepts such waste in accordance with the Agreement for the Receipt of Green and Wood Waste between PRS and Assignor, dated September I, 2007 and attached hereto as Exhibit B ("Green Waste Agreement"), or any successor agreement with the same terms and conditions, (5) the term of [he Green Waste Agreement, including the provision providing for a cost of living increase only in the gate fee after September 1, 2012, coincides as to Assignee with the remaining term of the Contract and the City is recognized by Buyers as having the status of a third party beneficiary of the Green Waste Agreement, (6) in disposing of green or wood waste through biomass conversion PRS complies with and does not exceed the limit in Public Resources Code §41783. I (currently 10%), and (7) either PRS disposes of green waste collected at curbside in the City under the Contract by Assignee ("Ukiah green waste") at Cold Creek Compost ("CCC") or Assignee takes such green waste directly to CCC (A) as long as CCC is licensed to accept Ukiah green waste, (B) as long as CCC is in full compliance with its license, (C) for the longer of one year from the Closing or until CCC is not the only licensed composing facility in Mendocino County that is licensed [o accept and is capable of accepting the full range of inputs now accepted by CCC, including Ukiah green waste, and (D) as long as CCC charges PRS, Assignor or Assignee a gate fee that does not exceed $32/ton. The City reserves the right to approve or disapprove the use of any composting facility used by PRS, Assignor or Assignee other than CCC, such approval not to be unreasonably withheld. The City retains this control, in part, to promote the development and availability of cost effective and accessible composting opportunities for all sources of compostable materials, including green and wood waste generated in the County. c. If PRS receives all required governmental approvals for a materials recovery facility ("MRF") at the North State Street Facility and for as long as more than 50% of the voting stock of PRS is owned by Buyers or any of them and PRS operates the MRF in accordance with those approvals and all other legal requirements, the City consents to Assignee taking recyclable materials (currently single stream recyclables) collected in the City under the Contract directly to the North State Street Facility in addition to its existing approval of taking such materials to the Transfer Station. d. Paragraph 21 of the Contract shall be amended to read as follows: "The Contractor shall provide and continue in force throughout the life of the agreement a standby letter of credit, or other security approved by City, in the amount of Three Hundred Thousand Dollars ($300,000) as security for the faithful performance by Contractor of each and every term, covenant and condition of this Contract by Contractor agreed to be performed, provided that the cost of such letter of credit or other security shall be included in Contractor's costs for rate making purposes." e. Assignee confirms its commitment to work closely with Ukiah Unified School District to increase its diversion from the waste stream of recyclables at schools within the City. f Assignee shall provide the City with information about its commercial customers in the City which is requested by City, including, but not limited to, names, addresses, type of service, and account information. g. Assignee shall obtain written approval from the City to the use of a landfill other than Portrero Hills Landfill, such approval not to be unreasonably withheld. The City's City Manager is authorized to grant that approval. h. The Ratto Group of Companies Inc., a California corporation, shall execute in a form approved by the City and be bound by an agreement that guarantees the performance of the Assignee under the Contract for a period of three (3) years from the Closing. 3. Contract in Effect. The Contract is in full force and effect, and, except as provided herein, has not been modified, altered or amended in any respect and contains the entire agreement between the Parties with respect to the hauling and disposal of refuse in the City. 4. No Default. Neither Assignor nor City is in any respect in default in the performance of the terms and provisions of the Contract, nor to either such Party's knowledge is there now any fact or condition which, with notice or lapse of time or both, will become such a default. Assignor has not assigned, transferred, sublet or hypothecated its interest under the Contract, or any portion thereof. 5. No Offsets. Neither Assignor nor City has any claim, charge, defense or offset under the Contract or otherwise, against charges due or to become due thereunder, nor has either such Party asserted any such claim, charge, defense or offset. 6. Governing Law. This Agreement shall be governed by, and interpreted and enforced under, the laws of the State of California, without giving effect to conflict of laws principles. 7. Countemarts. This Agreement maybe signed in two (2) or more counterparts, each ofwhich shall be deemed an original but when taken together shall constitute one and the same instrument. 9. No Third Party Beneficiaries. The Parties intend this Agreement for the sole benefit of the Parties and do not intend to confer any rights under this Agreement or any right to enforce this Agreement on any person or entity who is not one of the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the day and year first above written. CITY OF UKIAH By: -ts: SOLID WASTES SYSTEMS, INC. By: Its: UKIAH WASTE SOLUTIONS, INC. By: Its: EXHIBIT A CONTRACT ,. . EXHIBIT A CONTRACT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF GARBAGE, REFUSE, AND RUBBISH, AND RECYCLING OF RECYCLABLE MATERIALS FROM WITHIN THE C[TY OF UKIAH This Agreement is entered into on March z3 199.2_, in Ukiah, California by and beztiveen the City of Ukiah, a municipal corporation with its principal place of business located at 300 Seminary Avenue, Ukiah, California 95482 ("City"), and Solid Wastes Sys- tems, Inc., a California corporation with its principat place of business located at 940 Waugh Lane, Ukiah, California 95482 ("Contractor"). In consideration of the mutual promises contained herein, the parties hereby agree as follows: I. FRANCHISE Contractor is hereby granted the sole and exclusive right and franchise to collect, transport and dispose of refuse, garbage and rubbish, and to recycle recyclable materials generated by all sources within the corporate limits of the City of Ukiah, in accordance with the provisions of the Ukiah Municipal Code and state law for the term specified in Ar- ticle 2 hereof. Enforcement of such exclusive right, where requested by the Contractor, shall be at Contractor's expense. 2. TERM OF THE CONTRACT The term of this agreement, shall be for ten (10) years commencing on npril 1 , 1992, and terminating at midnight on March 31 , 2002, unless terminated earlier pur- suant to paragraph 20 herein; provided, however, that at the end of said ten year term, the agreement shall be extended for an additional term of five (5) years on the same terms and conditions, unless either party gives notice of termination ninety (90) days prior to midnight march 31 2002. At the election of Contractor and with the concurrence in writing of City, this Agreement can be extended for such additional term or terms as the parties shall agree. 1 3. AGREEMENT TO PERFORM WORK Contractor agrees to perform the work of collecting, transporting and disposing of all refuse, garbage and rubbish generated by all sources within the corporate City limits of the City of Ukiah, said collection being mandatory as to residential units, all in the manner, at the times and under the rules and conditions set forth in the Specification dated Septem- ber 14, 1974, a copy of which is attached hereto, designated Exhibit "A" and incorporated herein by reference as if fully se[ forth. Contractor further agrees to comply with the condi- tions of Chapter 5 of Division 5 of the Municipal Code. Section 15 of the aforementioned specifications is modified hereby to provide that the rates shall be as set forth in Exhibit "B" attached hereto and made a part hereof by this reference or as may be modified in accor- dance with [his Agreement hereafter. 4. PAYMENT j Contractor just received a rate adjustment expected to be effective until June 1993. Beginning July 1, 1993, Contractor shall be paid based on rates that will increase each year for the next two years by an amount equivalent to 75% of the percentage change from the previous year in the U.S. Department of Labor ("DOL"), Bureau of Statistics, Consumer Price Index ("CPI"), U.S. Cities Average, March to March ("Contract CPI"). In addition, the City shall add to the garbage rate any amounts necessary to fully compensate the Con- tractor for any increase in the gate fee charged to the Contractor for disposing of refuse at the City owned landfill. Prior to the third year, commencing on Ju]y 1, 1995, the City Coun- cil shall conduct a rate hearing pursuant to UCC sections 3950-3957 to determine what, if any, adjustment should be made to the garbage collection rates in the third or subsequent years, taking into consideration the annual audits of the Contractor's operations and all other factors deemed relevant by the City Council. Thereafter, unless the City Council should determine otherwise at any rate hearing conducted pursuant to Ukiah City Code (UCC) sections 3950-3957, the rates shall automatically increase annually every two years by the Contract CPI and any increase in the gate fees charged to the Contractor at the 2 landfill. The City Council shall conduct a rate hearing in every third year pursuant to UCC sections 3950-395?. 5. FRANCHISE PAYMENTS Contractor agrees to pay to City as and for the rights granted hereunder an amount equal to fifteen percent (15%) of the Contractor's annual gross revenue from Contractor's operation under this Contract. Section 13 of Exhibit "A" is incorporated herein as if fully set forth. 6. GARBAGE COLLECTION BILLING City has responsibility for all residential and commercial garbage collection billing. The City shall receive a fee of three percent (3°~°) of the said amounts billed and collected for this service, all in accordance with Section 12 of Exhibit "A". 7. COLLECTION OF STREET CONTAINERS 11 i -owned street refuse con- A. Contractor shall make regular collections from a C ty tamers in the downtown area located on public streets or sidewalks without charge to City. The City shall maintain all its refuse containers in the downtown area. B. Contractor shall provide collection and recycling services and recycling con- tamers to the City and all properties owned by the City free of charge. Contractor shall maintain in good condition all recycling containers provided to the City without charge to the City. 8. SCOPE OF RECYCLING SERVICES A. Curbside Recycling. Under a Recycling Service Manager, Contractor shall per- form curbside recycling services in the City of Ukiah as follows: (i) Collection. From all residential units that receive individual can garbage service Contractor shall collect and remove all Recyclable Materials, which are segregated and placed in or adjacent to recycling containers at the curbside on public streets and from commercial and multi-family residential customer shall collect and remove all Recyclable Materials which are segregated and placed in recycling containers at a location mutually 3 acceptable to the Ciry and Contractor. In addition, Contractor shall separately collect all yard waste set out for collection by residential or commercial customers on the usual col- lection day, provided that the yard waste is placed in a container clearly identifiable as con- taining yard waste, or, in the case of branches, cut to lengths of four feet or less and neatly bound together. (ii) Recyclable Materials Defined. For the purposes of this Agreement, Recyclable Materials has the meaning provided in UCC Section 4480 K, 1-6 and includes yard waste. "Yard waste" means yard waste which consists of discarded natural vegetative substances suitable for decomposition into a usable agricultural soil amendment, as deter- mined by the City Manager or his or her designee, not including household food waste. (iii) Time of Collection. Contractor shall collect the Recyclable Materials placed at the curbside for collection once each week, regardless of weather conditions. To the extent possible, collection will be on the same day of the week as garbage collection service. Collection schedules need not be maintained on the following holidays: January 1, Thanksgiving, and December 25. Collection which would normally occur on such holidays shall be rescheduled as mutually agreed upon by Contractor and City's Recycling Coor- dinator. (iv) Container Purchase and Distribution. (1) Residential containers. Contractor shall purchase, at Contractor's sole cost and expense, and shall distribute one set of recycling containers to all residential units. Residential containers are described in Exhibit C entitled "Recycling Containers", at- tached hereto and incorporated herein by this reference, or other similar containers mutually agreed upon by Contractor and City's Recycling Coordinator. Following the dis- tribution of containers as provided herein, Contractor shall not be required to purchase or provide additional recycling containers unless requested to do so by the City's Recycling Coordinator. The ownership of the recycling containers purchased by Contractor under this Agreement shall be and remain with Contractor, unless this Agreement is terminated 4 as provided in paragraph 20. (2) Commercial and multi-family unit containers. Contractor shall provide suitable recycling containers for all commercial, roll-off box and multi-family gar- bage customers to accomodate all Recyclable Materials as further provided herein. (a) Small quantity containers. For small quantities of Recycl- able Materials, the commercial recycling containers may be the same as those used for single-family residences and shall be provided to commercial customers on the same terms as they are provided to residential customers under subsection 8.A (iv)(1). (b) Large quantity containers. For larger quantities of Recycl- able Materials, including yard waste, the commercial or multi-family recycling containers shall be wheeled plastic containers, dedicated recycling dumpster-type containers, sec- tioned dumpster-type containers, or other container systems approved by the City Recy- cling Coordinator. For these types of containers, the Contractor may charge a monthly rental fee not to exceed the actual cost of providing and maintaining the container. The Contractor shall provide the City with a current list of such rental charges. After the An- nual Audit due March 15, 1993, the City Council may consider whether and shall have the right to require the Contractor to use all or part of the income received from the sale of Recycled Materials collected from commercial customers to reduce the rental charge for large quantity commercial recycling containers. (v) Replacement of Containers. The parties acknowledge that from time to time a customer may damage or destroy the small quantity recycling containers supplied by Contractor. City agrees that it will encourage the customer to replace said recycling con- tainers at the expense of the customer. To this end, Contractor shall make sets of three (3) such recycling containers available for purchase by any customer at a price not to exceed Contractor's actual cost for such containers. The parties also acknowledge that from time to time containers may be stolen from the curb. When notified of such occurrence, Con- tractor shall replace up to one set of three (3) containers per year for any one customer, at 5 no charge to the customer. (vi) Transportation of Materials. Contractor shall transport recyclable materials to a central location approved by the City Recycling Coordinator for sorting and preparation for sale or recycling. Unless approved by the Recycling Coordinator, it shall constitute a material breach and grounds for termination of this Agreement for Contractor to dispose of any recyclable materials at a landfill or in any other fashion that does not guarantee the recycling of the collected materials. (vii) Labor and Costs. Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform curbside collection pursuant to this Agreement. (viii) Missed Pick-uos. In case of a missed pick-up called in by a resident, Contractor shall collect the Recyclable Materials from such resident within' twenty-four (24) hours. All calls relating to missed pick-ups shall be logged in by Contractor and such log shall be available for inspection by City. If the missed pick-up was caused by the cus- tomer, the cost of the subsequent collection may be charged to the customer. B. Public Awareness Program. Contractor shall develop and implement that por- tion of the Public Awareness Program designated "Contractor's Responsibilities" described in Exhibit D, entitled "Public Awareness Program", attached hereto and incorporated herein by this reference. C. Reports. Contractor shall file with the City written reports of Contractor's per- formance under this Agreement as more particularly set forth in Exhibit E, entitled "Reports", attached hereto and incorporated herein by this reference. D. Sale of Recyclable Materials. Contractor shall sell all Recyclable Materials col- lected from the curbside by Contractor pursuant to this Agreement at fair market value. Revenue obtained from such sales shall be retained by Contractor but shall be considered by the City Council as off-setting income, when the City Council conducts rate hearings as provided in paragraph 4 of this Agreement and sets rates for refuse collection and recy- 6 cling. E. Expansion of Program. Contractor and the City shall continue developing and implementing plans and schedules for expanding the recycling program in connection with the development of a waste management plan under Chapter 1095 of the Statutes of 1989 ("AB 939"). 9. SCHEDULE OF PERFORMANCE Contractor shall perform those services set forth in Section 8 of this Agreement in accordance with a schedule to be established by the City Manager or his designee after consultation with the Contractor, In the event unforeseen circumstances arise which would cause a delay in performance, said Schedule of Performance may be modified accordingly by the mutual written agreement of City and Contractor. City's Recycling Coordinator is authorized to modify said Schedule of Performance on behalf of City. 10. CITY'S RESPONSIBILITIES A. Public Awareness Program. City shall participate in the Public Awareness Program as provided in Exhibit D of this Agreement. B. Protection of Materials. City agrees to take such steps as it deems necessary to protect Contractor's ownership of all Recyclable Materials placed ai the curbside for col- lection by Contractor under the terms of this Agreement, including enforcement of its anti-scavenging ordinance (Ordinance No. 893). Any enforcement at Contractor's request shall be at Contractor's expense. MISCELLANEOUS PROVISIONS 11. PERSONAL EQUIPMENT Contractor shall acquire, provide, maintain and repair at its sole cost and expense such equipment, materials, supplies, etc. as Contractor needs for its use for the proper con- duct of the aforesaid services which are not simply tools and other instrumentalities provided customarily by employees. 12. COMPLIANCE 7 Contractor, in the conduct of the services contemplated hereunder, shall comply with all statutes, State or Federal, and all ordinances, rules and regulations enacted or issued by the City Council of the City of Ukiah. 13. INDEPENDENT CONTRACTOR Both parties hereto in the performance of this agreement will be acting in an inde- pendent capacity and not as agents, employees, partners, or joint ventures of one another. Neither Contractor nor its employees are employees of City and are not entitled to any of the rights, benefits or privileges of City employees including, but not limited to, medical or workers' compensation insurance furnished by City. The parties intend to and have en- tered into a bona fide independent contract and nothing herein is a subterfuge to avoid making the Contractor an employee of the City. Contractor agrees to provide its employees with all legally required benefits and to withhold from their wages all taxes as required by law. Contractor agrees to indemnify and hold City harmless from and against any claim for unpaid taxes or benefits which are based in whole or in part on a claim that Contractor's employees are City's employees. 14. HOLD HARMLESS To the maximum extent permitted by law Contractor shall assume the defense of, and indemnify and save harmless, the City and each and every officer, employee and agent thereof from all suits, actions, damages, claims, or loss of every name and description to which the City may be subjected or put because of or arising out of Contractor's perfor- mance under this Agreement. Contractor shall have no duty to indemnify City for claims of damage causled by the active and sole negligence of City and its officers or employees. In providing the indemnification of City provided in this Agreement, Contractor agrees to provide for all costs of any necessary legal defense including, but not limited to, expert wit- ness fees and other litigation expenses, and all attorneys' fees incurred in defending or deemed by City necessary to defend any claim, whether actually filed in any court or not. 15. INSURANCE REQUIREMENTS 8 Contractor shall comply with the insurance requirements contained in the attached Exhibit F which is incorporated herein by reference. 16. AUDIT Contractor shall maintain full and accurate books of account for its operations un- der this Agreement in accordance with generally accepted accounting principles, at its principal office located at 940 Waugh Lane, Ukiah, California, and the City, its officers, agents or employees shall have the right to inspect and examine all such books and support- ing records during normal business hours. Contractor shall provide the City with an annual audit of Contractor's books and records pertaining to all the operations covered by this Agreement, on or before March 15 of each year. The audit shall cover the audit period January 1 to December 31. The audit shall be prepared by an independent Certified Public i Accountant satisfactory to both parties, and shall be paid for by Contractor. 'T'he auditor shall prepare a report with opinions showing the income, expenses, liabilities, and assets of the operations covered by this Agreement in accordance with generally accepted account- ing principles. Each year's audit and report shall be submitted to the City Manager or other person designated by him or her for his/her review. The report shall include a separate schedule of all income and expenses of the recycling operations. 17. ASSIGNMENT The Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge, or encumber any interest in all or part of this contract and shall not transfer any controlling stock or ownership interest in Solid Wastes Systems, Inc, or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Agreement providing services hereunder without the prior written consent of the City Council. The City Council shall have the right to deter- mine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph. Any action requiring City Council ap- proval under this paragraph that occurs without such approval shall give City the right to 9 terminate this Agreement without prior notice to Contractor or its successors or assigns. 18. INSOLVENCY OF CONTRACTOR•TERMINAT[ON OF AGREEMENT Either the appointment of a receiver to take possession of all or substantially all of the assets of Contractor, or a general assignment by Contractor for the benefit of creditors, or any action taken by or suffered by Contractor under any insolvency or bankruptcy act shall constitute a breach of this Agreement by Contractor and shall, at the option of City, provide it with the right to terminate this Agreement without prior notice to Contractor or its successors or assigns. 19. PERMITS AND LICENSES Contractor, at its sole expense, shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Contractor to per- form the work and services described herein, including, but not limited to, I'a business license from the City. 20. TERMINATION A. Except as otherwise specifically provided .elsewhere in this Agreement, in the event Contractor materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agreement, City shall notify Contractor in writing of the nature of such default. Within thirty (30) days fol- lowing such notice: (i) Contractor shall correct the default; or (ii) In the case of a default not capable of being corrected. within thirty (30) days, Contractor shall commence correcting the default within thirty (30) days of City's notification thereof, and thereafter correct the default with diligence. B. If Contractor fails to correct the default as provided above, City, without further notice, shall have al( of the following rights and remedies which City may exercise singly or in combination: (i) The right to declare that this Agreement together with all rights granted 10 Contractor hereunder are terminated, effective upon such date as City shall designate; (ii} The right to license others to perform the services otherwise to be per- formed by Contractor hereunder, or to perform such services itself; and (iii) The right to rent or lease the equipment from Contractor for the pur- pose of cor]ecting, transporting and processing garbage and/or recyclables which Contrac- tor is obligated to collect, transport and process pursuant to this Agreement, for a period not to exceed eighteen (18) months. In the case of equipment not owned by Contractor, Contractor shall assign the City, to the extent Contractor is permitted to do so under the in- strument pursuant to which Contractor possesses such equipment, the right to possess the equipment. If City exercises its rights under this subsection B, City shall pay the Contractor the reasonable rental value of the equipment so taken for the period of the City's posses- sion thereof. (iv) The right to immediate possession and ownership of all containers furnished by Contractor under paragraph 8A(iv). The City shall pay Contractor for such containers the lesser of fair market value or an amount computed as follows: divide the purchase price of the containers by 144 and multiply the result by the number of full months that have elapsed since February 15, 1990, at the date Contractor's right to perform under this Agreement is terminated. C. In the event City materially defaults in the performance of any of the material covenants or agreements to be kept, done or performed by it under the terms of this Agree- ment, Contractor shall notify City in writing of the nature of such default. Within thirty (30) days following such notice: (i) City shall correct the default; or (ii) In the case of a default not capable of being corrected within thirty (30) days, City shall commence correcting the default within thirty (30) days of Contractor's notification thereof, and thereafter correct the default with diligence. D. If City fails to correct the default as provided above, Contractor, without further it notice, shall have all of the following rights and remedies which Contractor may exercise singly or in combination: (i) The right to declare that this Agreement together with all rights granted City hereunder terminated; and (ii) The right to bring suit against the City for breach of contract. 21. PERFORMANCE BOND The Contractor shall provide and continue in force throughout the life of the agree- ment the bond of a surety company or its equivalent approved by City in the amount of Fifty Thousand Dollars ($50,000.00) conditioned upon the faithful performance by Con- tractor of each and every term covenant and condition of this Contract by Contractor agreed to be performed. ~ 22. WORKER'S COMPENSATION INSURANCE Before beginning the work the Contractor shall furnish to the City satisfactory proof that it has secured, for the period covered by the work under this contract, full payment of compensation to all persons whom it may employ directly or through subcontractors, in car- rying out the work contemplated under this contract, in accordance with the "Worker's Compensation and Insurance Act;' Division IV of the Labor Code of the State of Califor- nia and any acts amendatory thereof. Such insurance shall be maintained in full force and effect, during the period covered by this contract. The Contractor shall sign and file with the City a Worker's Compensation Certifi- cate prior to performing any work. 23. INSPECTION The City, its officers, agents or employees shall at all times have the right to inspect and observe every aspect of Contractor's business operation to determine whether the serv- ices being provided by Contractor are being performed in a workmanlike and professional manner. In exercising this right, Contractor shall provide the City with access to all of its business facilities so that the City, its officers, agents or employees can observe every aspect 12 of Contractor's business operation. 24. PATENTS The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in performing the work or providing the services required under this Agreement. 25. SUBCONTRACTING Contractor shall not subcontract with any independent Contractor to perform the work or services required under this Agreement without the express written consent of City. If the City authorizes a subcontractor to perform any work or services under this Agreement and said subcontractor does not perform said work or services to the satisfac- tion of the City Manager, the subcontractor shall immediately be removed from performing said work or services upon receipt by Contractor of the City Manager's written' request to do so and said subcontractor shall not be employed again by Contractor to perform any work under this Agreement. 26. PUBLIC CONVENIENCE AND SAFETY The Contractor shall so conduct its operations so as to cause the least possible obstruction and inconvenience to the public and to traffic. 27. LAWS The Contractor shall keep itself fully informed of all existing and future State, Federal and Municipal laws and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of administrative bodies or courts having any jurisdiction or authority over the same, and adhere thereto. 28. WAIVER OR MODIFICATION No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. 13 29. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 30. PREVIOUS AGREEMENT Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by this Agreement and such prior agreement shall have no further force or effect. 31. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement. 32. NOTICE Whenever notice to a party is required by this Agreement, it shall be deemed given when deposited with proper address and postage affixed thereto in the U.S. Mail or when personally delivered as follows: CITY: UiCIAII CIVIC CENTER 300 Seminary Avenue Ukiah, CA 95482 ATTN: City Manager CONTRACTOR: JAMES SALYERS, President Solid Wastes Systems, Inc. 940 Waugh Lane Ukiah, CA 95482 33. DUPLICATE ORIGINALS This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. 34. FORUM SELECTION Contractor and City stipulate and agree that any litigation relating to the enforce- ment or interpretation of this Agreement, arising out of Contractor's performance or relat- 14 ing in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. 35. AUTHORITY Contractor warrants that James Salyers has been duly authorized by Contractor to enter into this contract on behalf of Contractor. 15 IN WITNESS WHEREOF, City of Ukiah and Contractor have executed this Agree- ment this 23 day of March SOLID WASTES SYSTEMS, INC. 1992 in Ukiah, California. CI F HIAH ~' tty anager BY~ ~f' n,9 TA1 rest ent (S: \FROM LI SA\U\CONT\ RECYCLE) City of Ukiah, California Certified To Be A True and Exact Copy Date ~. City Clerk ~~16 U,r,/,.c.y' 16 Date: .~~~ 3 ~ 9 Z- EXHIBIT A City of Ukiah Standards for Refuse Collection Collection Contract September 1974 SECTION 1. SCOPE OF WORK The work to be done consists of furnishing all labor, supervision and administration, methods and processes, implements, tools, machinery and materials, vehicles and equipment, which are necessary and required to collect, transport and dispose of refuse originating within the corporate limits of the City of Ukiah, California, except as herein specified, all in accordance with the provisions of Chapter 5 of Division 5 of the Ukiah City Code of the City of Ukiah, California, and these standards. SECTION 2. CONTROL OF THE WORK A. The City Manager or his authorized agent shall decide all questions which may arise as to the quality or acceptability of the work performed including the quality of service, and as to the manner or performance and rate of progress of the work, all questions which arise as to the interpretation of the standards, all questions as to the acceptable fulfillment of the contract on the part of the Contractor including complaints of customers alleging inadequate service, and all questions as to claims and compensation. The City Manager's decision may be appealed to the City Council, but he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. The City Council reserves the right to terminate this agreement at any time for any failure to meet the conditions of the standards, City, State or Federal regulations or any agreement entered into between City and franchisee. B. Coordination of Plans, Standards, and Special Provisions These standards, the provisions of the Ukiah Municipal Code, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as [hough occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work. C. Inspection City Officials shall at all times have access to the work during operation, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress and workmanship. D. Appeal; Administrative Board; City Council In the event that any interested person deems himself injured by a determination of the City, such person may appeal in writing to an Exhibit A -1- Administrative Board consisting of the City Manager and City Attorney and Such other City Official designated by City Manager. The Board shall hold a public hearing after notice to the parties within 10 days. The Board's decision shall be in writing and may be appealed to the City Council in [he same manner as to original appeal to the Board, and shall be determined in like manner. SECTION 3. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PllBLIC A. Laws to be Observed The Contractor shall keep himself fully informed of all existing and future State and National laws and all Municipal Ordinances and regulations of the City of Ukiah which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall procure for the period covered by the proposed contract, full compensation insurance with an "Industrial Carrier" as defined by and in accordance with the Provisions of the Act of the Legislature of the State of California known as "Workmens` Compensation Act", approved May 26, 1913 and subsequently amended. The Contractor shall carry for the full period of this contract, public liability insurance as specified by the Ukiah Municipal Code. B. Permits and Licenses Con[ractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. C. Patents The Contractor shall assume all responsibility arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. D. Public Convenience and Safe The Contractor shall so conduct his operation as to cause the least possible obstruction and inconvenience to the public and to traffic. SECTION 4. PROSECUTION AND PROGRESS A. Subletting and Assignment The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work or construction will be considered as employees Exhibit A -2- of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately on the request of the City and shall not again be employed on the work. The contract may be assigned only upon written consent of the City Council of the City of Ukiah. B. Progress of the Flork and Time for Completion The Contractor shall commence work on January 1, 1976 and shall diligently prosecute the same for a period of five (S) years, ending December 31, 1980. Six months prior to the expiration date the City Council shall consider a five (5) year extension of the franchise on the same or different terms as may be mutually agreed to. In the event mutual agreement cannot be reached prior to Detember 31, 1980, all rights and obligations under the franchise shall terminate at 12:00 p.m. midnight December 31, 1980. C. Character of Workman If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the City or shall appear to the City to be incompetent or to act in a disorderly or improper manner to the detriment of the citizens of the City, he shall be discharged immediately on the request of the City, and such person shall not again be employed on the work except that he is entitled an administrative hearing as set forth in Section 2(E). SECTION 5. MATERIALS The Contractor shall furnish for use under these standards all materials required to complete the attached contract. SECTION 6. DESCRIPTION OF WORK The work to be done under these standards consist of: a) Making regular collection of refuse, garbage and rubbish from all dwellings and business establishments which are within the city limits of the City of Ukiah. Collections shall be made from dwellings at least once each week and from business establishments as necessary, but not less than once each week. b) Make such irregular collections of refuse, garbage or rubbish from points within th city limits of the City of Ukiah when and if required. c) Transport all refuse, garbage and rubbish so collected to the City Disposal Area or other disposal area or salvage site as may be directed by the City Manager. Exhibit A -3- SECTION 7. TECHNICAL PROVISIONS 7-01 Scope: These Technical Provisions cover the collection, transportation and disposal of refuse in and for the City of Ukiah. 7-02 Definitions: The following terms when used in interpreting these standards shall have the following meanings: a) "Domestic service" shall mean the Contractor's service provided to all residences within the City of Ukiah to collect refuse, garbage and rubbish. "Commercial service" shall mean the Contractor's service provided to all others than domestic service. b) "Basic domestic service" shall mean weekly collections by Contractor from each domestic subscriber of one container not exceeding 30 gallons in size or 70 pounds 1n weight of garbage, rubbish or refuse which container is located on the subscriber's premises in a location easily accessible to the Contractor and not more than 20 feet to the rear of the building from which such material is accumulated and accessible to the Contractor on an established walkway or driveway. In addition to the one 30 gallon container for garbage, rubbish or refuse contractor shall collect, without additional charge, properly prepared additional disposable containers of rubbish only, provided such container is placed a[ the curb, alley or other place immediately adjacent to the normal loading area for Contractor's truck so as to be easily available for loading onto Contractor's collection equipment. c) "Additional regular domestic service" means the collection by Contractor of one or more 30 gallon containers of garbage, rubbish or refuse at the same time as the basic domestic service is provided, for the payment of an additional charge. d) "Regular commercial service" means the collection of garbage, rubbish or refuse by Contractor from commercial subscribers as often as is necessary and not less than once each week. 7-03 Other Definitions - Terms: Which are defined or explained in the Ordinance, plans, contract drawings or supplementary documents shall be interpreted and shall have the same meanings as if defined herein. 7-04 Collection: a) The Contractor shall make regular collection of refuse, rubbish and/or garbage from each dwelling or business establishment. The Contractor shall, wherever possible, make such collections on the same day or days of each week. b) Rates for regular collections more frequently than once per week shall be computed at the monthly rate for one weekly collection times the number of collections per week. c) Hours of collection shall be those established from time to time by the Contractor and approved by the City. Exhibit A -4- d) In the event any container is defective, overweight, located in wrong area or otherwise in violation of the rules, regulations or ordinances of this City, the Contractor may leave such container with its material uncollected, in which case he shall tag the container prominently indicating the violation. A copy or portion of such tag indicating the location and type of violation shall be retained by Contractor. Persistent violations or the resident's failure to provide adequate and sanitary containers shall justify collection by the City after 2 day's written notice to the resident and to the City and such correction shall constitute a lien on the property comprising the residence. e) When requested the Contractor shall make collection of refuse, garbage and/or rubbish from any dwelling, or business establishment or City facility within 24 hours of receiving the request, verbally, by phone or in writing at his established place of business. The Contractor shall at all times maintain an office within the City of Ukiah with a telephone having a listed number, such office to be operated not less than five (5) days per week. f) When in the interests of health or safety, the City Health Officer -~ or the City require the immediate removal of any refuse, garbage and/or rubbish, the Contractor shall remove said matter promptly. g) Contractor shall provide collection service to all municipal buildings, parks, and street collection boxes at no charge to City. The frequency of collection shall be as requested by City. 7-OS Transportation: a) The Contractor shall provide sufficient trucks necessary to efficiently render the service covered by these standards. All trucks shall be as required in Chapter 5 of Division 5 of the Ukiah Municipal Code. Wet garbage shall be transported in water tight containers. Every truck or container used in the collection and removal of refuse, garbage and/or rubbish shall be kept well painted and clean inside and out. b) The Contractor shall conduct his operations in the public streets, alleys and ways in strict accordance with all traffic regulations of the City of Ukiah and the State of California. He shall cause a minimum delay of traffic by his operations. c) Should any refuse be dropped on the City streets or on private property as a result of his operations the Contractor shall remove it immediately. 7-06 Disposal: a) All refuse collected by the Contractor from sources within the City of Ukiah shall be transported to the City Disposal Area located adjacent to the Vichy Springs Road, or other disposal area as directed by the City. Exhibit A -5_ b) The City shall retain sole right of salvage of materials received at the Disposal Area. SECTION 8. SUBSCRIBERS 8-01 Information to Subscriber Residents shall be informed by mail of the provisions of this contract relating to their service and particularly as to rates, container locations, their right to weekly collection in addition to the garbage collection, and additional available service. At least annually Contractor shall, by means designed to reach all City residents inform such persons of the services available to them. SECTION 9. FINANCIAL STATEMENT Contractor stfall pay to the City, prior to December 15th of each year, an amount not to exceed $5,000 as determined by the Director of Finance for the purpose of retaining a Certified Public Accountant whose duty shall be to examine the records of Contractor and prepare a financial statement with opinion showing gross revenues and expenses by type and amount for the Contractor's operations under this agreement for the period ending the following December 31st. Any surplus not paid for audit purposes shall be refunded to Contractor. SECTION 10. COMMERCIAL BULK CONTAINERS The Contractor may, with consent of the owner or occupant of a commercial establishment, motel, hotel, apartment house, building contractor, industry, and similar places, maintain closed bulk containers on such premises. Such containers shall be of a size and type approved by the City. SECTION 11. RESPONSIBILITIES It shall be the responsibility of the Contractor to, at least once each week, pick up properly prepared garbage, refuse, etc. from each occupied residence in the City unless it is determined by him that such garbage, refuse, etc. is being properly disposed of by other means. SECTION 12. BILLING In the interests of economy the Ci[y shall retain responsibility for all billing, both residential and commercial. All bills for services rendered in the City limits shall be processed by the City. The City shall receive a fee for this service of 3~ of the accounts billed. Contractor shall provide all necessary information requested by the Director of Finance. Contractor shall be responsible for all accounts deemed by the Director of Finance to be uncollectible and no payment shall be made [o Contractor in advance of actual collection. Exhibit A -6- SECTION 13. FRANCHISE FEE Contractor shall pay to city a franchise fee equal to 157 of actual collections. Said fee shall be deducted from payments due to Contractor. SECTION 14. DISPOSAL SITE FEES It is the intent of the City to operate the Disposal Site in such a manner that the expenses of Disposal Site operation are fully met by fees. Contractor shall pay disposal site fees as they are set from time to time by the City Council. The budget for 1974-75 contemplates a disposal site fee for compacted yardage of $2.00/cubic yard compacted. In no way shall the right of the City to adjust fees from time to time or to impose new fees be prejudiced nor is there any commitment on the part of City to the current fee schedule. SECTION 15. ADJUSTMENT OF RATES Rates shall be considered firm for three (3) year periods beginning January 1, 1976. The City Council shall review rates thereafter in three (3) year intervals during January. After investigation the Council may make whatever adjustments or changes in rate structure as may appear desirable or necessary to Council. R:PW12 ASR 2/19/92 REFUSE Exhibit A -7- EXIIIBIT B 1 2 3 4 5 s 7 9 10 it 12 13 14 15 IG 17 18 19 20 21 22 23 25 2G I 27 28 ~ RESOLUTION N0. 91-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING REVISED SCHEDULE OF FEES AND RATES FOR GARBAGE COLLECTION SERVICE WHEREAS, the City Council, under terms of its franchise with Ukiah Solid Wastes Systems, Inc., must periodically revise and establish rates for garbage collection services wiChin the City of Ukiah, and WHEREAS, rates for such service must provide for costs of service of said franchisee, and WHEREAS, as Ukiah Solid Wastes Systems, Inc., has presented to the City its requested rate schedule, and WHEREAS, the CiCy Manager has considered said request and made his recommendation, and WHEREAS, the City Council did duly notice and make available the City Manager's report and recommendation for public inspection, all in accordance with the requirements of the Ukiah City Code, and did consider 1n a public hearing the proposed rates of Ukiah Solid Wastes Systems, Inc., and the recommendation of its City Manager at its regular meeting of October 3, 1990. NOW, THEREFORE, SE IT RESOLVED that the City Council hereby finds: 1. An increase of rates is necessary to (a) offset rising costs of operation, (b) offset new landfill tipping fees, and (c) provide a reasonable return to the Ukiah Solid Wastes Systems, Inc. 2. That the race structure is adopted and is set forth below and made a part of this resolution. /l1/lll!lllllfllllll/llllllll/ll/Il/lll/lI//lII////ll//////l//////l/l///l/ ////////////////////////////////////////////////////////////////////////// RESIDENTIAL SERVICE Minimum (10 gal can) 20 Gallon 1 can 2 cans 3 cans 4 cans 30 Gallon 1 can 2 cans 3 cans 4 cans 30 Gallon - BGR* Pack Out '_ 1 can 2 cans 3 cans 4 cans *Note: BGR - Small Truck Run 1 - 105 gal garbage toter 1 - 60 gal compost/yard waste bi-weekly pickup 1 - 90 gal compost/yard waste bi-weekly pickup Upon proof of physical t certain residential customers Curb Pack Out $ 1.80 $ 2.80 3.80 4.80 9.25 11.65 14.20 18.40 19.11 25.51 6.87 8.40 14.31 17.40 21.60 27.00 31.80 37.20 None 12.90 None 26.40 . None 40.05 None 53.64 27.20 None toter 1.20 per month toter 1.25 per month Handicap, the curb service rate may apply to even if they receive the pack out service . SPECIAL SERVICES Call-in Pickup and Disposal Appliances - $10 per stop, plus current disposal charge. Tires - Up to 4 automobile or motorcycle sized tires on regular garbage collection route, $3.00 each. 5 or more automobile or motorcycle sized tires, special trip, $10.00 plus current disposal charge. Larger Truck Sized Tires - Special trip. $10.00 plus current disposal charge. Furniture and Other Items - Special trip. $10.00 plus current disposal charge. 2 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2511 27 28 COMMERCIAL SERVICE Container Size 1/Week 2/Week 3/Week 4/Week 5/Week 6/Week 1 Yard* $ 51 $ 74 N/A N/A N/A N/A 1~ Yard* 58 91 $118 $157 $199 $241 2 Yard* 71 108 146 207 250 291 *Add $1.00 per pickup for locked container service. Cans Rate 1 - 30 gal can $ 9 Toter 1 - 105 gal garbage toter $ 29 Drop Boxes 20 Yard Box Per Dump 146 30 Yard Box Per Dump 184 40 Yard Box Per Dump 221 Compactor 6 Yard Compactor $138 12 Yard Compactor 207 BE IT FURTHER RESOLVED that the rate schedules adopted by this Resolution shall be effective on November 1, 1990. All prior rate schedules in conflict herewith are repealed upon the effective date of the new schedule. All other contract conditions for service remain unaltered and in full effect. PASSED AND ADOPTED this 17th day of October , 1990, by the following roll call vote: AYES: Councilmembers McMichael, Wattenburger, Shoemaekr, Schneiter and Mayor Henderson NOES: None ABSENT: None ABSTAIN: -ti -~~.~-«,~ Jerson, Mayor 3 F XUTRTT !` RECYCLING CONTAINERS Contractor shall provide a set of three (3) "Recycle 3" containers, or other similar containers mutually agreed upon by Contractor and City's Recycling Program Coordinator, to each eligible residence in the City of Ukiah. These containers are specially made of rigid plastic construction for stacking in each other to assist homeowners to participate in the curbside recycling program. One container is used to store bottles, one for cans and one for newspaper. The containers are illustrated below. R:PW12 ASR 2/19/92 REFUSE EXHIBIT D PUBLIC AWARENESS PROGRAM CONTRACTOR'S RESPONSIBILITIES: A. Introductory Packet. Contractor will prepare an Introductory Packet of information regarding the curbside recycling program, approved in advance by City's Recycling Coordinator, and will distribute such packet with the recycling containers to each residential unit. The packet shall include: 1. A letter from the Mayor and the City Council of the City of Ukiah urging the residents to participate in the program. 2. A two-part information card containing specific information to the resident regarding collection day, non-collection holidays, preparation of materials, and other appropriate matters. There will also be a tear-off and mail in card for volunteers. B. Upon request by City, Contractor will assist City in developing a listing of non-participating households in the City. CITY'S RESPONSIBILITIES: A. City will contact all local media to seek coverage of the recycling program to increase citizen awareness of the benefits of recycling. B. City will develop an overall "Promotional Plan" for the curbside recycling program, with goals, strategies and timetables for Contractor and City actions. C. City will encourage volunteers to make contact with neighbors who do not participate in the curbside recycling program and encourage them to participate. Volunteers will either keep track of participants or will receive a listing from the City of the non-participating households. City will hold briefing sessions for volunteers to explain how they may best encourage participation. At these sessions City will distribute printed materials to assist volunteers. D. City will provide necessary funds for any new promotional activities related to the curbside recycling program undertaken by Contractor. E. City will assist Contractor's public awareness efforts wherever able. R:PW12 ASR 2/19/92 REFUSE FYA IRfT F REPORTS Contractor shall submit to the City the following reports, on forms approved by City, during the term of this Agreement: A. MONTHLY PROJECT REPORTS Within five (5) working days after the last day of each month, Contractor shall submit a monthly project report to include at least all of the following: 1. Summaries of tonnages of all Recyclable Materials recovered, by material. Distinguishing between Residential, Commercial and Multi-family programs. 2. Summaries of tonnages of all Recyclable Materials sold, by material. 3. Market prices for all Recyclable Materials collected from curbside and sold by Contractor. The weight receipts shall be available for inspection by City upon request. 4. Residential, Commercial and Multi-family participation rates in terms of weekly set-out counts, and monthly participation ra tes calculated at 2.5 times the average weekly set-out rate. 5. A summary of missed pick-ups by route and explanation of noteworthy experiences, and a summary of telephone calls received by category, including inquiries about the program, missed pickups, and container replacement. 6. A summary of expenses of operating the Residential, Commercial and Multi-family recycling programs, including the monthly costs of labor, equipment, supplies maintenance, insurance and other direct costs. The summary should not include indirect costs. B. QUARTERLY PROJECT STATUS REPORTS Within fifteen (15) working days from the end of each quarter, Contractor shall submit a quarterly project status report to include at least all of the following: 1. Summary of all revenues, tonnages recovered by material, and participation rates. 2. Overall assessment of performance during the quarter. 3. Detailed data to allow analysis of collection and processing equipment handling capabilities. 4. Discussion of problems and noteworthy experiences in program operation. Exhibit E -1- C. QUARTERLY SALVAGE REVENUE STATEMENTS Within fifteen (15) days from the end of each quarter, Contractor shall submit a revenue statement of all sales of Recyclable Materials from the recycling programs sold during the quarter, and an expense statement for the quarter. D. ANNUAL REPORTS On or before July 31 of each year of the term of this Agreement, Contractor shall submit a year-end annual report to include at least the following: 1. A collated summary of the information contained in the quarterly reports, and a summary of the participation rates and tonnages of recovered material. 2. A discussion of public awareness activities and their impact on participation and recovered volumes. 3: A discussion of highlights and other noteworthy experiences, measures taken to resolve problems, increase efficiency and household and commercial participation. Reports shall be submitted to: Recycling Coordinator City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 R:PW12 ASR 2/19/92 REFUSE Exhibit E -2- EXHIBIT F INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidders may be disqualified from award of the contract. Contractor 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 contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor's bid. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Insurance Services office form number GL 0002 (Ed.l/73) covering Comprehensive General Liability and Insurance Services Office forty number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3. Worker's Compensation insurance as required by the Labor Code of the Stale of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits no less than: 1. 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. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Exhibit F -1- 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 contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are [o contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages. a. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the contractor, including the insured's general supervision of the contractor; products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The contractor'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 contractor'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 contractor'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 Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Gity. 3. All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty Exhibit F -2- (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE Contractor 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 workers' 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 Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. R:PW12 ASR 2/19/92 REFUSE Exhibit F -3- AMENDMENT TO THE AGREEMENT ENTITLED "CONTRACT FOR COLLECTION, TRANSPORTATION, AND DISPOSAL OF GARBAGE, REFUSE, AND RUBBISH, AND RECYCLING OF RECYCLABLE MATERIALS FROM WITHIN THE CITY OF UKIAH", EXECUTED ON MARCH 23, 1992 WHEREAS, Solid Waste Systems, Inc., (the "Contractor"),has been granted the sole and exclusive right and franchise to collect, transport, and dispose of refuse, garbage and rubbish, and to collect and recycle for market recyclable materials, generated by all sources within the corporate limits of the City of Ukiah (the "City"), pursuant to the provisions of an agreement executed on March 23, 1992, and entitled "Contract for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish and Recycling of Recyclable Materials from Within the City of UI<iah" (the "Agreement"1; WHEREAS, the Contractor desires that the terms of the Agreement be extended five (5) years thereby permitting the Contractor to amortize the cost of contemplated improvements at the Contractor's place of business from which he provides service to Ukiah, and WHEREAS, the contemplated improvements will enhance recycling programs that benefit the City of Ukiah. NOW, THEREFORE, in consideration of the facts as recited above, the City and the Contractor hereby agree to amend the Agreement by incorporating the following amendments: AMENDMENTS 1. In the event the Contractor, within one (1) year from the date of this Agreement is executed, obtains all required permits and approvals and commences construction of a recycling facility and redemption center at the Contractor's Taylor Drive site in substantial conforrnance to the facility depicted in Exhibit "A", attached and incorporated herein by reference, and completes construction within 180 days thereafter the five (5) year term stated in Article 2 of the Agreement shall be changed to a ten 110) year term and the date stated in Article 2 of the Agreement as the date the term of the Agreement terminates shall be changed from Midnight, March 31, 2002, to Midnight, March 31, 2007. 2. Section 16 of the Agreement is amended to provide that the Contractor shall also be obligated to maintain books of account and to provide the audit described in that Section for any other entity which is legally controlled by the Contractor and which performs any of the obligations of the Contractor under the Agreement. 3. The Contractor warrants that ~~S-~ ~ S has been duly authorized by the Contractor to execute this Ame dment on behalf of the Contractor. Upon execution of this Amendment, the provisions of this Amendment shall become binding upon both parties of the Agreement and shall modify any conflicting provisions of the Agreement, pursuant to the provisions of Paragraph 28 of the Agreement. In witness w ereof, the City and the Contractor have executed this Amendment this ~~ day of ~- 1997, in Ukiah California. SOLID WASTE SYSTEMS, INC. CITY OF UKIAH BY ATTEST: Colleen B. Henderson City Clerk B:TRAN SFER.] Bls ~ _ Candace Horsley, City M Hager City of Ukiah, California Certified To Be A True and Exact Copy 9/~~/~~ ~~ ~~~~~ Oate ~~6N ~~ City Clerk AMENDMENT TO THE AGREEMENT ENTITLED "CONTRACT FOR COLLECTION, TRANSPORTATION AND DISPOSAL OF GARBAGE, REFUSE, AND RUBBISH, AND RECYCLING OF RECYCLABLE MATERIALS FROM WITHIN THE CITY OF UKIAH", EXECUTED ON MARCH 23. 1992. RECITALS: 1. Solid Waste Systems, Inc. ("Contractor"), and the City of Ukiah ("City"), have executed an agreement dated March 23, 1992 and entitled "Contract for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish and Recycling of Recyclable Materials from Within the City of Ukiah" Ithe "Franchise Agreement"); 2. The Contractor and the City also have entered a contract executed on May 7, 1998, and entitled "Transfer Station Contract Between City of Ukiah and Solid Waste Systems, Inc." ("Transfer Station Contract"); 3. Pursuant to the provisions of Article 15 of the Transfer Station Contract the City has agreed to amend the Franchise Agreement whereby the date for the termination of the Franchise Agreement shall be extended to the date for the termination of the Transfer Station Contract; provided, however, that nothing in Article 15 shall prohibit the contractor and City from extending the Franchise Agreement beyond the termination of the Transfer Station Contract. 4. On May 9, 1997, the parties amended the Franchise Agreement by executing the Amendment to the Agreement entitled "Contract for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish, and Recycling of Recyclable Materials from within the City of Ukiah, executed on March 23, 1992 {"Amendment"). AGREEMENT: Now, therefore, in consideration of the above recited facts, the City and the contractor hereby agree to the following: 1 . Section 1 of Amendment is hereby voided. 2. Article 2, "Term of the Contract", of the Franchise Agreement is hereby amended to read as follows: "The term of this Agreement shall be for a period of 10 years from the date of the start of operation of the Transfer Station pursuant to Section 2.02 of the "Transfer Station Contract" between the City of Ukiah and Solid Waste Systems, Inc., executed on May 7, 1998, unless terminated earlier pursuant to Paragraph 20 of this Agreement. The term of this Agreement shall be extended an additional 10 years on the same terms and conditions if the Transfer Station Contract is extended an additional 10 years pursuant to the provisions of Article 14 of the Transfer Station Contract. Nothing in this Agreement shall prohibit the parties from extending this Agreement beyond the termination of the Transfer Station Contract. Upon the mutual written agreement of the parties, this Agreement may be extended for such additional term or terms as the parties shall agree." 3. Upon execution of this Agreement, the provisions of this second amendment to the Franchise Agreement shall become effective and shall supersede and replace the provisions in Section 1 of the Amendment and Article 2 of the Franchise Agreement. Unless expressly modified by this Agreement all other provisions of the Franchise Agreement and the Amendment shall remain in full force and effect. 4. This Agreement may be executed in one or more duplicate originals, each bearing the original signatures of the parties. When so executed, each such duplicate original shall be admissible to prove the existence and terms of this Agreement. In witness whereof, the Cit and the Contractor have executed this Amendment this ~l day of 1998, in Ukiah, California. SOLID WASTE SYSTEMS, INC. CITY OF UKIAH Sh~fidan Malone, Mayor ATTEST: Secretary Marie Ulvila, City Clerk 8:114GREEM ENT.2 SOLID W ASTE1 City of Ukiah, California Certified To Be A True end Exact Copy Date CbHesrt9iiendarsonrCityClerk ~A~E u.~/~,[,g AMENDMENT TO WASTE COLLECTION AGREEMENT BETWEEN CITY OF UKIAH and SOLID WASTES SYSTEMS, INC. AMENDMENT TO CONTRAC'T' FOR COLLECT[ON, TRANSPORTATION AND DISPOSAL OF GARBAGE, I2EI'USE, AND RUBBIS[3, AND RECYCLING OF RECYCLABLE MATEKIALS FKOM WITH TIIE CITY OF UKIAH This Agreement between the City of Ukiah, a municipal corporation, and Solid l~/asie Systems, lnc., a California corporation, amends specified sections of the Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclable Materials from within the City of Ukiah, dated March 23, 1992 ("Franchise Agreement"). These amendments to the Franchise Agreement are made and entered in Ukiah, California, on November~2001 ("Effective Date"). 1. Except as specifically set forth in this Agreement, all of the terms and conditions of the Franchise Agreement remain in full force and effect. 2. Section 2 of the Franchise Agreement is amended to read as follows: 2. TCR1~1 OF THE CONTRACT The term of this agreement, shall be for fifteen years, commencing on October 1, 2001, and terminating at midnight on September 30, 2016, unless terminated earlier pursuant to paragraph 20 herein; provided, however, that at the end of said fifteen year term, the agreement shall be extended for an additional term of five (5} years on the same terms and conditions, unless either party gives notice of termination ninety (90) days prior to midnight September 30, 2016. At the e]ection of Contractor and with the concurrence in writing of City, this Agreement can be extended for such additional ierm or terms as the parties shall agree. 3. Section 4 of the Franchise Agreement is amended to read as follows_ 4. PAYMENT Beginning October 1, 2001, Contractor shall be paid based on rates that will increase each year for the next two years by an amount equivalent to 75% of the percentage change from the previous year in the U. S. Department of Labor ("DOE"), Bureau of Labor Statistics, Consumer Price Index ("CPF'), All-U.S. Cities Average, June to June ("Contract CPI"). .Prior to the third year, commencing on October l , 2004, the City Council shall conduct a rate hearing pursuant to UCC sections 3950-3957 to determine what, if any, adjustment should be made to the garbage collection rates, in the third or subsequent years, taking into consideration the annual audits of the Contractor's operations, the reports submitted pursuant to Section 8.D of this Agreement, and all other factors and information deemed relevant by the City Council. Thereafter, unless the City Council should determine otherwise at any rate hearing referenced herein, the rates shall automatically increase or decrease annually every two years by the Contract CPL. 2 4. Section 6 of the Franchise Agreement is amended 1o read as follo~a~s: 6. GARBAGE COLLECTION ftILL[NG City has responsibility for all garbage collection billing. The City shall receive a fee of tluee percent (3%) of the said amounts billed and collected for this service, all in accordance with Section 12 of Exhibit "A," except a billing fee will not be collected on commercial accounts billed directly by Contractor In addition, Contractor shall pay to the City a contract coordination and oversight fee of $ ] 0,000.00 each year. 5. Section 8, subsections D and G of the Franchise Agreement are amended to read as follows: ll. Sale of Recyclable Materials. Contractor shall sell all Recyclable Materials collected from the curbside or from commercial accounts by Contractor pursuant to this Agreement for fair market value. For purposes of this Agreement fair market value equals $30,000.00 as of the )affective Date . Contractor shall keep accurate records of the quantities of Recyclable Materials collected under this Agreement and of its receipts from the sale of Recyclable Materials. Every tlvee years, at the same time that rates are reviewed pursuant to Section 4 of this Agreement, the Contractor shall file a report with the City containing its actual receipts for Recyclable Materials and any other information reasonably requested by the City that reflects the fair market value of Recyclable Materials. The City shall review the Contractor's report and may review any other records maintained by the Contractor. Revenue obtained from the sale of Recyclable Materials shall be retained by Contractor but shall be considered by the City Council as off- setting income, when the City Council conducts rate hearings as provided in paragraph 4 of this Agreement and sets rates for collection and recycling. E. Expansion of Proeram. Contractor and the City shall continue developing and implementing plans and schedules for expanding or improving the recycling program in connection with the development of a waste management plan under Chapter 1095 of the Statutes of 1989 ("AB 939"). In expanding or improving the program, the City may approve changes in the Contractor's method of picking up, processing or disposing of recyclable materials, including changes in the containers specified in this Section 8. Commencing on or before January 1, 2002, Contractor shall implement aSingle-Stream Recycling Automated Collection System ("System") pursuant to which recyclable materials need not be sorted before pick-up by the Contractor but are co-mingled with each other, but not with solid waste that does not constitute Recyclable Materials. A detailed description of the System shall be prepared by Contractor for the City's review and approval. Once approved by the City, the Contractor shall operate the system in compliance with the approved written description. Wherefore, this Agreement is entered by the parties nn the Effective Date. 3 THE CITY OF UKIAH, a municipal corporation ATTEST: "Contractor" U'a' SOLID WASTE SYSTEMS, INC., A California corporation ay: By: Ry: ~~ tcs: ~7Z~ /~~,f~/C~~C _J ~ecrcinry EXHIBIT B WOOD AND GREEN WASTE EXHIBIT B AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE This Agreement ("Agreement") is made and entered into effective this 1 ~' day of September, 2007, by and between Pacific Recycling Solutions, Inc., a California corporation ("PRS"), Ukiah Waste Solutions, [nc., a California corporation ("UWS"), and Solid Waste Systems, Inc., a California corporation ("SWS"). RECITALS A. PRS owns and operates a green waste and wood waste processing facility in Mendocino County, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials"). C. SWS holds a contract with the City of Ukiah for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste, and UWS holds a contract with the City of Ukiah for the collection and disposal of solid waste. SWS and UWS desire to enter into an agreement with PRS which will provide for disposal of 10,000 tons annually of Materials at the Facility. In consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: 1. Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process" shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at SWS's transfer station or collected by UWS, as provided for under their contracts with the City of Ukiah, and delivered by SWS or UWS to the Facility, on the terms herein. 3. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS or UWS, SWS and UWS shall pay PRS a tee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 3 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. 4. Adjustment of Processing Rate: The Processing Rate of Thirty Dollars ($30) per ton shall be held constant for the first five (5) years, provided that, at the beginning of the sixth (6'~') year and annually thereafter the Processing Rate will be increased by a percentage equal to the percentage increase, if any, in the Consumer Price Index, All Items, for the San Francisco-Oakland Metropolitan Area published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee or tax ("Government Tax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Government Tax, either at the per ton rate of such Tax or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an UWS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of [he Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted Processing Rate. Term of Agreement: This Agreement shall expire as to each of SWS and UWS on the expiration of its respective contract with the City of Ukiah, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or Uws, on the other, shall be entitled to terminate this Agreement in the event of the other party's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in the event of such party's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (30) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection of non-conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non- conforming Materials at the Facility. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit PRS's right to reject such non-conforming Materials. SWS or UWS shall bear all costs associated with inspecting testing and rejecting any non- conforming Materials. Each party agrees to comply with all laws applicable to such party in the performance of its duties hereunder. 7. Amount of Waste to be Delivered: S W S and UWS estimate that they will deliver an aggregate minimum of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility. 8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours. 9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney's fees and expenses incurred in connection with such litigation. 10. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS. 1 1. Confidentiality: Neither party shall disclose the Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow SWS or UWS to disclose the Processing Rate as may be reasonably requested or required by a franchisor under a franchise agreement. 12. Counterparts: This Agreement may be executed in counterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Beneficiary: The City of Ukiah is a third party beneficiary of this Agreement. Date: Pacific Recycling Solutions, Inc. By: David Carroll Date: Solid Waste Systems, Inc. By: John Shea Date: Ukiah Waste Solutions, Inc. By: John Shea CONSENT TO SALE ~7RANSFER S"I'ATION CONTRAC"1'~ "THIS ASSIGNMENT AND CONSENT (the "Agreement") is made this day of April. 2008, by and between the City of Ukiah, a municipal corporation ('P'ity'"), Solid Wastes Systems, Inc., a California corporation ("SWS"), North Bay Corporation, a California corporation ("Affiliate"), and Yulupa Investments, LLC, a California limited liability company ("Yulupa"), collectively, "the Parties," with reference to the following: A. City, SWS and Affiliate are parties to that certain Agreement dated November 20, 2001, as amended April 17, 2002 (the "Contract"), for [he operation of the Ukiah transfer station ("Transfer Station"), a copy of which is attached hereto as Exhibit A. B. At a closing to be held on or about April 24, 2008, all the outstanding shares of SWS will be sold to David Carroll, John Shea and Bruce McCracken and/or their family trusts ("Buyers") and the real property located at 3151 "faylor Drive, Ukiah, California, also known as Mendocino County Assessor Parcel No. 184-140-13 (the "Property"), that houses the Transfer Station will be sold to Yulupa (the "Closing"). D. Under the Contract: "Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of the contract and shall not transfer any controlling stock or ownership interest in Contractor or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Contract providing services hereunder without [he prior written consent of the City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph." E. Subject to the terms and conditions as further stated herein, the Parties wish to document City's consent to the sale of the stock in SWS to Buyers and the sale of the Property to Yulupa (collectively, the "Sale"), and to confirm the status of the Contract, on the terms herein. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter se[ forth and other consideration the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows: 1. Annroval. Subject to the conditions as set forth in paragraph 3 below, each of which must be satisfied prior to or at the Closing, SWS shall continue to possess all of its right, title and interest in the Contract. SWS hereby agrees to continue to keep, perform, fulfill and be bound by all of the terms, covenants and conditions required to be kept, performed, and/or fulfilled by it under the Contract from and after the Closing. As of the Closing, Affiliate hereby assigns, conveys, transfers and sells to Yulupa all of Affiliate's right, title and interest in the Contract. Yulupa hereby agrees to continue to keep, perform, fulfill and be bound by all of [he terms, covenants and conditions required to be kept, performed, and/or fulfilled by Affiliate under the Contract Irom and after the Closing. 2. Release of Affiliate. Subject to the conditions as set forth in paragraph 3 below, each of which must be satisfied prior to or at the Closing, Alliliale shall be forever released from nll duties and ohligations, to the extent assigned to and assumed by Yulupa, under the terns of the Contract "I'hemafier, Affiliate shall have no liability with respect to the Contract or the perfimnance of any obligations thereunder or any breach or default under the terms thereof, to the extent that such liabilities and/or obligations relate to the Contract and arise after the Closing. 3. Consent to the Sale. Subject to the following, each of which must be satisfied prior to or at the Closing, City hereby consents to the Sale: a. All deeds of tmst encumbering the Property prior to [he Closing shall be conveyed and removed as encumbrances on the Property, and the Property shall not be used as security for any loans or other debts for the remaining term of the Contract. b. A Memorandum of Agreement approved by City shall be recorded, providing notice of the City's lease and purchase rights under the Contract. c. The Ratto Group of Companies Inc., a California corporation (the "Ratto Group"), shall execute in a form approved by the City and be bound by an agreement that guarantees the performance of SWS and Yulupa under the Contract For a period of three (3) years from the Closing. d. Before it may use a different landfill for the disposal of refuse or garbage accepted at [he Transfer Station, SWS shall obtain prior approval from City to use a properly licensed landfill other than the Portrero Hills landfill, such approval not to be unreasonably withheld. The City's City Manager is authorized to grant that approval. The City shall have no obligation to approve an increase in the gate fee at the Transfer Station on account of increased gate fees or transportation costs associated with the use of a different landfill or continued use of Portrero Hills landfill. e. SWS may take to the facility located at 4200 North State Street, Ukiah, California ("North Stale Street Facility") green and wood waste delivered by self-haulers or contract waste haulers to the Transfer Station for as long as more than 50% of the voting stock of Pacific Recycling Solutions, Inc., a California corporation ("PRS"), is owned by Buyers or any of them and PRS operates the Facility in accordance with all governmental approvals and legal requirements and provided that PRS accepts such waste in accordance with the Agreement for the Receipt of Green and Wood Waste between PRS and SWS, dated September 1, 2007 and a copy of which is attached hereto as Exhibit B ("Green Waste Agreement"), or any successor agreement with the same terms and conditions. The term of the Green Waste Agreement, including the provision providing for a cost of living increase only in the gate fee after September 1, 2012, coincides as to SWS with the remaining term of the Contract and the City shall be deemed a third party beneficiary of the Green Waste Agreement. This consent to take these materials to [he North State Street Facility is conditioned on (1) PRS and SWS, in disposing through biomass conversion of green or wood waste received from all sources in Mendocino County, complying with and no[ exceeding the limit in Public Resources Code §41783. l (currently ] 0%), (2) complying with the Offer to Deliver Green Waste to Cold Creek Compost ("CCC") attached hereto as Exhibit C, for a period of one year commencing at the Closing or until such time as CCC is no longer the only licensed composting facility in Mendocino County that is licensed to accept and is capable of accepting the full range of inputs now accepted by CCC, including Ukiah green waste, whichever occurs last, and (3) CCC agrees to and accepts such green waste in accordance with the terms set forth in Exhibit C. Assignee agrees that it will not claim more than $30 per ton (adjusted for the cost of living, if applicable) for disposing of green waste or wood waste collected within the City of Ukiah whether such material is taken to the North State Street facility or to CCC. Notwithstanding any provision in the Contract to the contrary, Assignor agrees that it will not charge more than $38 per ton (adjusted for the cost of living, if applicable under the Contract) for green or wood waste which is accepted at the Transfer Station, regardless of whether such materials are taken to the North State Street facility or to CCC. The Ciry reserves the right to approve or disapprove the use of any composting facility used by PRS or SWS other than CCC, such approval not to be unreasonably withheld. The City retains this control, in part, to promote the development and availability of cost effective and accessible composting opportunities for all sources of compostable materials, including green and wood waste generated in the County. f SWS shall not charge more than $14.95 for each appliance accepted for disposal at the Transfer Station, unless a different rate is approved by the City. If, in the future, SWS is reimbursed by the City, the ratepayers or any governmental or private industry program for all or part of the cost to accept or process appliances, the fee charged by SWS shall be reduced by the amount of that reimbursement. g. SWS shall not seek a rate increase at the Transfer Station based on any reduction in Transfer Station revenues resulting from the City authorizing Ukiah Waste Solutions, Inc. to take green and wood waste or single stream recycling to the North State Street Facility. h. If PRS receives all required govemmental approvals for a materials recovery facility ("MRF") at the North State Street Facility and for as long as more than 50% of the voting stock of PRS is owned by Buyers or any of them and PRS operates the MRF in accordance with those approvals and all other legal requirements, the City consents to SWS taking recyclable materials delivered to the Transfer Station by self-haulers or contract waste haulers to the MRF in addition to its existing approval to take such materials to the Timber Cove Recycling, Inc. facility located at 3417 Standish Avenue in Santa Rosa, California. i. SWS shall use its best efforts to maintain in full force and effect the Recyclable Materials Agreement between SWS and Timber Cove Recycling, Inc., dated August 13, 2007 and attached hereto as Exhibit D, for the remaining term of the Contract and the parties to that contract agree that the City shall be deemed a third party beneficiary of that agreement. j. Section 9.03(a) of the Contract is amended to read as follows: "To initiate default proceedings under this Section, the City shall give written notice to Contractor and its Surety describing the nature of the default and the City's intention to declare Contractor in default. Contractor may be declared to be in default if it fails to cure the default within thirty (30) days of receipt of the City's notice; provided, however, that if the nature of the default is such that it cannot be cured within thirty (30) days, Contractor shall not be declared to be in default as long as it commences a cure within thirty (30) days of receipt of the notice from the City and diligently pursues such cure to completion. If Contractor fails to so cure the default, and unless Contractor promptly shows cause to the City's satisfaction why it should not be declared in default under the Contract, the City may declare Contractor in default and notify Contractor and its Surety of such declaration, in which event the consequences of such default as provided in Section 9.02 shall apply. Notwithstanding the foregoing, Contractor shall be liable for liquidated damages as provided in Section 9.02 from the date the City gives written notice as provided in this Section until the Contractor cures the default in accordance with this Section." k. The City shall continue its current self-hauling practices with respect to solid waste produced by City government operations. 4. Contract in Effect. The Contract is in full force and effect, and, except as provided herein, has not been modified, altered or amended in any respect and contains the entire agreement between the Parties with respect to the operation of the Transfer Station. 5. No Default. SWS, Affiliate and City are not in any respect in default in the performance of [he terms and provisions of the Contract, nor to any such Party's knowledge is there now any fact or condition which, with notice or lapse of time or both, will become such a default. SWS and Affiliate have not assigned, transferred, sublet or hypothecated their interest under the Contract, or any portion thereof. 6. No Offsets. Neither SWS or Affiliate nor City has any claim, charge, defense or offset under the Contract or otherwise, against charges due or to become due thereunder, nor has any such Party asserted any such claim, charge, defense or offset. 7. Governing Law. This Agreement shall be governed by, and interpreted and enforced under, the laws of the State of California, without giving effect to conflict of laws principles. 8. Coun[eroarts. This Agreement maybe signed in two (2) or more counterparts, each of which shall be deemed an original but when taken together shall constitute one and the same instmment. 9. No Third Party Beneficiaries. The Parties intend this Agreement for the sole benefit of the Parties and do not confer or intend to confer any rights under this Agreement or any right to enforce this Agreement on any person or entity who is not one of the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the day and year first above written. CITY OF UKIAH By: SOLID WASTES SYSTEMS, INC. NORTH BAY CORPORATION By: YULUPA INVESTMENTS, LLC I[s: EXHIBIT A CONTRACT EHHIBIT A AGREEMENT BETWEEN CITY OF UKIAH and SOLID WASTE SYSTEMS, INC. and NORTH BAY CORPORATION TABLE OF CONTENTS pace ARTICLE I. DEF_TNITIONS 6 ARTICLE II. CONTRACTOR RESPONSIBILITIES - 20 2.01. Facilitv Design, Permittir,a and Construction - 20 2.03. Waste Transfer Transportation and Disoos,l Recvclina - - - - - ~ 22 2.04. Operation by Contractor. 23 2.05. Operational Standards. - - 2-4- ~ (;P 2.06. Hours of Operation. 25 2.07. Maintenance 25 2.08. Mobile Equipment 25 2.09. Staffing 26 2.10. Operational Procedures - - 26 2.11. Buy-Back Recvclina - 27 2.12. Drop-Off Recycling 27 2.13. Household Hazardous Waste Recvclina 28 2.14. Yard and Wood Waste Recycling 2g 2.15. Reuse Facilitv. 28 2.16. Onacceptable Waste Prohibited 29 2.17. Refusal of Waste 29 2.18. Title to Waste 29 2.19. Subcontractors - - 2g 2.20. Title. 31 2.21. Permits - 31 2.22. Records and Access 31 2.23. Applicable Law 32 ARTICLE iII . THE CITY'S RESPONSIBILITIES 32 3.01. Waste Flow to Transfer Station. 32 3.02. Competing Facilities 33 3.03. Hazardous Waste Locker Service 33 ARTICLE IV. PAYMENTS 33 9.01. Components of Service Fee 33 9.02. CPI Adjustment 35 9.03. Additional Adjustment of Disposal Cost Component 36 9.04. Taxes or Fees 36 9.05. Billing and Payment - 37 9.06. Construction Costs 37 9.08. Service Fee on Wood Waste and Yard Waste 38 9.09. Self Haul Service Fee. 39 9.10. Load Check Hazardous Waste 39 9.11. Recvclina Fees 39 4.12. Change Orders 40 ARTICLE V. ALLOCP.TION OF RISK; UNCONTROLLABLE CIRCUMSTANCES . 4G 5. 01. Contractor Reliance _ _ ql 5. 02. Uncontrollable Circumstances _ qI 5. 03. Notification ql 5. 09. Alternative Service Arrangements ql 5. 05. Insurable Uncontrolled Circumstances q2 P.RTICLE VI. INDEMNIFICATION 6.01. Hold Harmless . ARTICLE VII. SURETY 7.01. Operational Performance Bond. . 7.02. Construction Performance Bond . 7.03. Material and Labor Bond. 7.09. Defective Material and G~orkmanship Bond 7.05. Notification of Surety Comoar,ies ARTICLE VIII. ASSIGNMENT 8.01. Assignment ART]CLE IX. DEFAULT 9.01. Contractor Default 9.02_ Consequences of Contractor Default. . 9.03. Default Procedure . 9.09. The Citv's Use of Contractor Equipment 9.05. Remedies Not Exclusive ARTICLE X. INSURANCE 10.01. Insurance 10.02. Fire and Damage Insurance ARTICLE Xi. DISPUTE RESOLUTION . 11.01. Independent Engineer . 11.02. Independent Engineer Costs . 11.03. Arbitration for Specified Disputes Only. 11.09. Determination 11.05. Studies and Surveys 11.06. Optional Arbitration ARTICLE XII. OBLIGATION TO PURCHASE . 12.0]. Purchase of Improvements and Equipment 12.02. Purchase or Lease of Site. . ARTICLE XIII. GENERAL PROVISIONS ii __ _ _. _ _ _. 92 92 92 92 93 93 93 44 49 99 9S 95 97 99 51 51 52 52 56 57 57 58 58 59 60 60 60 60 61 62 13. 01. Gcverninc Law. . 1 3. 02. Severability 13. 03. Time of the Essence; No Waiver. 13. 09. ConstrucY_ion of Terms 1:3. 05. Personal Li-ability . 13. 06. Subsidiary Contracts . 13. 07. Independent Contractor . 13. 08. Notices 13. C°. Article, Section and Subsection References 13. ]0. Amendment or Waiver 13. 11. Integration ] . 12. Execution in Counterparts ARTICLE XIV. TERM . 19.01. Term of Contract ARTICLE XV. CONDITION TO CONTRACT 63 63 63 63 F, 3 69 64 69 65 66 66 66 . 66 . 66 67 w AGREEMENT This Contract amends and replaces the Contract made and entered into as of May 7, 1998, by and between the CITY GF UY.IAH, a municipal corporation (the "City"), SOLID WASTE SYSTEMS, INC., a California corporation ("Contractor"), and NORTH BAY CORPORATION, a California corporation ("Owner"). This Amended Contract includes the Amendment to the Contract entered by the parties on August 17, 2000. This Amended contract is made and entered into as of November ~ 001, by the same parties, with reference to the following facts: a. The City is obligated to provide for reliable and economical disposal of solid waste for its citizens. b. The City and Contractor have heretofore entered into an agreement entitled "Contract. for Collection, Transportation and Disposal of Garbage, Refuse and Rubbish and Recycling of Recyclable Materials from Within the City of Ukiah," dated March 23, 1992, and as later amended (the "Franchise Agreement"), granting Contractor the exclusive right of arranging for the collection, removal and disposal of solid waste from within the City. c. Owner owns the real property at 3151 Taylor Drive, Ukiah, California (Assessor's Parcel No. 184-190-13) (the "Site"), which is suitable for construction of a Transfer Station. Owner and Contractor represent and warrant to the City that Owner has by separate agreement with Contractor granted Contractor authority to construct the Transfer Station on the Site and otherwise make use of the Site to perform Contractor's obligations under this Contract. S~UUgemts0lPfran ferSm AMTI I-7 wpd Novan bee 8, 2001 d. Following extensive analysis of the terms and conditions available from different private concerns, the City has determined that the public interest will be served by awarding to Contractor this Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal. NOW, therefore, the parties agree as follows: ARTICLE I. DEFINITIONS For purposes of this Contract, the following terms shall have the following meanings, unless a different meaning is otherwise expressly provided or is evident from the context in which the term is used: 1.01. "Acceptable Waste" means all putrescible and nonputrescible solid waste including but not limited to garbage, rubbish, refuse, paper and cardboard; plant and grass clippings and leaves; commercial, industrial, demolition and construction wastes including non- friable asbestos; mixed wood waste; septage screenings, discarded home and industrial appliances; vegetable or animal solids and semisolid wastes, but excluding source separated recyclable or compostable materials intended for diversion from solid waste disposal or those materials defined herein as Unacceptable Waste. 1.02. "Applicable Law" means a]_1 law, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, or requirements of the United States, State of California (or any other state having jurisdiction over solid waste transportation and disposal services), county, regional or local government authorities, agencies, boards, commissions, courts or other bodies having applicable jurisdiction, that from time to time apply to or govern Performance Obligations, the transfer station, transport services, disposal services, or the performance of the parties' respective obligations hereunder, including any of the S VUV 6rtnISU IATra n fcrSln AMTI I-7 wpJ Novcm bcr 8, 2U(I I 2 foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, and payment of minimum wages. 1.03. "Change in Law" means the occurrence of any event or change in Applicable Law as follows: (a) tree adoption, promulgation, modification, or change in judicial or administrative interpretation occurring after the date hereof which adoption, promulgation, codification, or change in judicial or administrative interpretation relates to any Applicable Law, other than laws with respect to taxes based on or measured by net income or any payrol-1, employment or franchise taxes; or (b) any order or judgment of any federal, state or local court, administrative agency or governmental body issued after the date hereof if: (i} such order or judgment is not also the result of the willful misconduct or negligent action or inaction of the Party relying thereon or of any third party for whom the Party relying thereon is directly responsible; and (ii) the Party relying thereon, unless excused in writing from so doing by the other Party, shall make or have made, or shall cause or have caused to be made, Reasonable Business Efforts in good faith to contest such order or judgment, it being understood that the contesting in good faith of such an order or judgment shall not constitute or be construed as a willful misconduct or negligent action of such Party); or (c) the imposition by a governmental authority or agency of any new or different material S1UWgrm LS01\TranlcrSln AMTI I ~7 wld November 8. 2U01 .3 conditions in connection with the issuance, renewal, or modification of any Permit after the 'Pransfer Station commences full operations in compliance with Contractor's Performance Obligation. 1.09. "Construction Costs" means Contractor's costs arising from the design, engineering, permitting (including compliance with the California Environmental Quality Act ("CEQA")), site preparation,. off-site improvements, construction, paving, utilities and fixed equipment acquisition and installation for the Transfer Station. Construction Costs shall not include any Contractor's costs in preparation of its proposals to the City prior to execution of this Contract, or any costs associated with the recycling processing building which was proposed by Contractor to the City in 1997 and approved by the City, or costs of mobile equipment, office equipment, supplies, or any item which does not constitute a fixture of the Transfer Station. 1.05. "Consumer Price Index" (CPI) means the Consumer Price Index For All Urban Consumers (1982-1984 = 100), U.S. City Average, All Items, published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not. available, "CPI" shall mean such comparable statistics on the purchasing power of the consumer dollar as i-s reasonably agreed on between the City and Contractor. 1.06. "Contract" means this Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal between Contractor and the City. 1.07. "Contractor" means Solid Waste Systems, Inc., a California corporation. Reference to "Contractor" refers to Contractor's subcontractors as well, unless explicitly provided otherwise. Reference to subcontractors includes lower tier subcontractors as S1UV.6^^is01Al YanfcSln AMTI I ~7 w~ul November H, 2001 4 well as those with direr_t contractual relationships with Contractor. 1.08. "Direct Costs" means the sum of (a) payrcll costs directly related to the performance, or management of supervision of any obligation pursuant to the provisions hereof, comprised of compensation plus fringe benefits comprised of vacation, sick leave, holidays, retirement, Workers Compensation Insurance, federal and state unemployment taxes and all medical and health insurance benefits, plus (b) the costs of materials, services, direct rental costs and supplies; which Direct Costs are substantiated by (i) a certificate signed by the principal financial officer of Contractor setting forth the amount of such cost and the reason why such cost is properly chargeable and stating that such cost is a competitive price, if there are competitive prices, secured in an arm's length transaction for the services or materials supplied; ar~d (ii) if the City requests, such additional backup documentation to substantiate any such Direct Cost including invoices from suppliers. 1.09. "Disposal Facility" means the Potrero Hills landfill or a fully-permitted Subtitle D approved solid waste landfill, approved by the City, to which Contractor will transport Acceptable Waste received at the Transfer Station. 1.7.0. "Franchised Waste Haulers" means companies which possess a permit, license or contract from a public agency authorizing them to collect and transport solid waste from residences and/or businesses. 1.11. "Hazardous Waste" means a type of Unacceptable Waste which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment S \U\A 6rmisU l\llunl cr Sin AMl I I-~.wpd 5 No.xmlwr 8, 2UUI when improperly treated, stored, transported or disposed of or otherwise mismanaged; or_ any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law, excluding Recyclable Household Hazardous Wastes, but including: (a) "Hazardous Waste" pursuant to Section 90141 of the California Public Resources Code, regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code; all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Sections 25110.02, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and future amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 California Code of Regulations Sections 2521 and 2522; an d (b) materials regulated as hazardous waste under the Resource Conservation and Recovery Act, 92 U.S.C. Section 6901 et seq., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, state and local laws and regulations; (c) materials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended, and related federal, State of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.; (d) materials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 92 U.S.C. 9601, et seq., as S UM gmiLU iA1 ion kr$In AMl I I-7 wpd November 8 2001 amended, and regulations promulgated thereunder; and (e) materi-als regulated under any future additional or substitute federal, state or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste. If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of "hazardous waste" for purposes of collection, transportation, processing and/or disposal, the broader, more restrictive definition shall be employed for purposes of this Contract. 1.12. "Including" means including without limitation. 1.13. "Independent Engineer" is the engineer named in Article 11 or thereafter chosen in accordance with such Section. 1.14. "MSWMA" means the Mendocino Solid Waste Management Authority, a joint powers agency organized in 1990 by the County of Mendocino, City of Ukiah, City of Fort Bragg, and City of Willits, or any other entity or jurisdiction approved by the City performing services or functions MSWMA is providing or is authorized to provide. 7.15. "Operating Ratio" means Contractor's costs of meeting Performance Obligations, less landfill and processing tipping fees, divided by operating revenues. Operating revenues include sales of recyclables collected at the Transfer Station. Costs of operation do not include facility capital debt service. Any related party payments included in costs of operation shall be not greater than the existing market value for those goods or services. S \UV~grm isa l\T~an(v~rtim.A MT I I-7 w~M NavcmM:r 9, ]OUI ]..16. "Performance Obligations" means the good faith and diligent. performance of each and every obligation and liability of Contractor hereunder, including Transfer Station design, perm.itti.ng, construction, and testing, Transfer Station operation, transportation of Acceptable Waste, Wood Waste, Yard Waste and recyclables, disposal at a City approved landfill, and securing and maintaining performances bonds, insurance and any other performance assurances hereunder, including any conditions of approval contained i.n any Permits issued to Contractor in connection with the construction and operation of the Transfer Station. 1.17. "Permits" means all federal., state, other local. and any other governmental unit permits, orders, licenses, approvals, authorizations, consents and entitlements of whatever kind and however described which ar_e required under Applicable Law to be obtained er maintained by any person with respect to the performance of any obligation hereunder or matters covered hereby, as renewed or amended from time to time. 1.18. "Plans and Specifications" means the detailed construction drawings and specifications for construction of the Transfer Station and the Site, prepared in accordance with accepted industry practice for comparable facilities and signed and stamped by a professional engineer and/or architect, as required by Applicable Law. 1.19. "Reasonable Business Efforts" means those efforts a reasonably prudent business person would expend under the same or similar circumstances in the exercise of such person's business judgment, intending in good faith to take steps calculated to satisfy the obligation which such person has undertaken to satisfy. l U)AAgmnsU I ~Tmnlu Sm ~ Mll I-7 w~xl N~~,.~mi,~,a zuoi 8 1.20. "Self Haulers" means persons delivering Acceptable Waste on their own behalf, and not as a Franchised Waste Hauler. 1.21. "Service Area" means all of Mendocino County. 1.22. "Service Fee" means the charge levied on users of the transfer station to dispose of Acceptable Waste. 1.23. "Site" or "Transfer Station Site" means a portion of the parcel of land at 3151 Taylor Drive, Ukiah, California, Mendocino County Assessor's Farcel No. 189-190-13, which is depicted and described in Exhibit B, attached hereto and incorporated herein. 1,29A. "Subcontractor" means any person or entity contracting with Contractor or any Subcontractor to perform Performance Obligations. 1.29. "Ton" or "tonnage" means a short ton of 2,000 pounds. 1.25. "Transfer Station" means the Transfer Station located on the Site, as described in the Plans and Specifications, including furnishings, building, equipment, parking, signs, fencing and landscaping. 1.2.6. "Uncontrollable Circumstances" means any act, event or condition, whether affecting the Transfer Station or either Party or Contractor's subcontractors, beyond the reasonable control of such Party and not the result of willful or negligent action or inaction of such Party (other than the contesting in good faith or the failure in good faith to contest such action or inaction), which materially and adversely affects the ability of either Party to perform any obligation hereunder comprised of: S0. Mgrme0l \Tran@rSmA MI'I I-7 wpd Novcm6cr b, 2001 9 (a) an act of God, landslide, lightning, earthquake, fire, flood (other than reasonably anticipated weather conditions for the geographic area of the Transfer Station, primary transportation rouges, backup transport routes, primary Disposal Facility and backup Disposal Facility), explosion, sabotage, acts of a public enemy, war, blockade or insurrection, riot or civil disturbance; (b) the failure of any appropriate federal, state, or local public agency or private utility having operational jurisdiction in the area in which the Transfer Station is located, to provide and maintain utilities, services, water, sewer or power transmission lines to the Transfer Station which are required for Transfer Station development or Transfer Station operation; (c) a Change in Law other than any Change in Law adopted by the City, unless such Change in Law is mandated by state, federal or other governmental agency law, regulation or directive. (d) any enforcement of any encumbrance on the Site or on any improvements thereon not consented to in writing by, or arising out of any action or agreement entered into by the party adversely affected thereby; (e) governmental pre-emption of materials or services in connection with a public emergency or condemnation or other taking by eminent domain of any portion of the Transfer Station Site. In event of any condemnation, neither party waives its rights to assert claims in such condemnation proceedings; (f) failure of the California Integrated Waste Management Board to approve a Solid Waste Facilities Permit for the Transfer Station; ti \U\A gr mts0l\Tra nlcr$In AMII I-7 alxl Novc mbcr 8, 2001 1 (q) failure of the Mendocino County Air Quality Management District to grant authority to construct and operate the Transfer Station; (h) failure of the California Water Resources Control Board to issue a Notice of Intent for Construction P.ctivity Stormwater Permit; (i) failure of the local enforcement agency to issue a Solid Waste Facilities Permit; (j) failure of the Mendocino County Planning and Building Department to issue necessary building permits; (k) failure of any other governmental agency or department. to i-ssue any Permit required under Applicable Law for construction or operation of the Transfer Station; (1) freight embargoes, shortages of materials, labor, fixtures or equipment (provided that Contractor furnishes proof that it has made diligent attempts to obtain same) or delays of subcontractors due to such causes, provided that Contractor shall within ten (10) days from the beginning of such delay notify the City in writing of the delay; (m) an order of a state or federal court that prohibits the City from developing, building or operating the Transfer Station; (n) failure of the railroad or rail transport subcontractor to perform its obligations in a timely manner due to circumstances not involving the wrongful or negligent act or omission of Contractor. Uncontrollable Circumstances exclude, without limitation: 5 \UV~yrmtsUl ^~ankrSm AMl 1I-7 wpd I Z Novembu 8, 2001 (i) either Farty's own breach of its obligations hereunder; (ii) adverse changes in the financial condition of either party or Contractor's subcontractors; (iii) the consequences of errors, neglect or omissions with respect to Transfer Station development, transfer services, transport services or disposal services or any other Performance Obligations on the part of Contractor, its employees, agents, subcontractors or affiliates, including errors in Plans and Specifications or the operations plan or failure to comply therewith; (iv) except as otherwise specifically provided herein, the failure of Contractor to secure patents, licenses, trademarks, and the like necessary to meet its Performance Obligations; (v) as to Contractor, the failure of any Transfer Station technology to perform in accordance with Performance Guaranties, unless caused by Uncontrollable Circumstances; (vi) general economic conditions, interest or inflation rates or currency fluctuation; (vii) union or labor work rules, requirements or demands which have the effect of increasing the number of employees employed by Contractor or its subcontractors hereunder or otherwise increasing the cost or burden of Contractor or Contractor's subcontractors of meeting Contractor's Performance Obligations; S AU VrgrtnlsU I A7 ianla5m AM I I I-] ~.~xl Novuntxr 8, 2UU1 1 z (viii) failure of equipmene or any technology used or relied upon in satisfaction of Performance Obligations; (ix) any impact of prevailing wage law, customs or practices on Contractor's Performance Obligations; (x) any increase for any reason in premiums charged by Contractor's or its subcontractors' insurers or the insurance markets generally; (xi) any act, event or circumstance occurring outside of the United States; (x,ii) the failure of any subcontractor or supplier to furnish labor, services, materials or equipment, except the railroad or rail transport subcontractor as provided in subsection (n), above; {xiii) any conditions included in any Permit or other entitlement of use or approval required for the design, construction or operation of the Transfer Station in compliance with Contractor's Performance Obligations; (xiv) failure to exert Reasonable Business Efforts to secure any Permits. 1.27. "Unacceptable waste" means wastes that the Transfer Station may not receive under. this Contract unless authorized by the permits issued for the operation of the Transfer Station, including: (a) animal manures; (b) friable asbestos materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of S VUV~gri ni>01ATennle rSin ~Ml II-].wpd N~~~~m<.e.zooi 1 3 carcinogenic fibrous mineral substances, which may be a Hazardous Waste if iT_ contains more than one percent asbestos; (c) ash residue from the incineration of solid wastes, including municipal waste, infectious waste described in item (8) below, wood waste, sludge, and agricultural wastes described in item (a) above; (d) auto shredder "fluff" consisting of upholstery, paint, plastics, and other non-metallic substances which remains after the shredding of automobiles; (e) dead animals; (f) Hazardous Waste, explosives, ordnance, highly flammable substances and noxious materials; (g) industria]_ solid or semi-solid wastes resulting from industrial processes and manufacturing operations, including cement kiln dust, ore process residues; (h) infectious wastes which have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes from biological laboratories, syringes, needles, blades, tubings, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes, and carcasses used for medical purposes or with known infectious diseases; (i) liquid wastes which are not spadeable, usually containing less than fifty percent (500) solids, including cannery and food processing wastes, landfill leachate and gas condensate, 5 VU Nbim tsU lATranlc6~n AMl'11-7 wNJ November R, ?001 1 ~ boiler blowdown water, grease trap pumpings, oil and geothermal field wastes, septic tank pumpings, rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous Wastes; (j) radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the State Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other state or federal regulation; (k) sewage sludge comprised of human (not industrial) residue, excluding grit or screenings, removed from a waste water treatment plant or septic tank whether in a dry or semidry form; (1) special wastes designated from time to time by the Cal-ifornia Integrated Waste Management Board, including contaminated soil; (m) bulky items which cannot fit within standard roll-off containers or municipal refuse collection vehicles; (n) concrete slab material exceeding 2 fee Y_ on a side and 6 inches thick; (o) tree stumps exceeding 18 inches in diameter; (p) other wastes which are prohibited as a condition of the transfer station's Solid Waste Facility Permit. or wastes excluded by written agreement between Contractor and the City. 1.28. "Viable Market" means a buyer is identified who will pay a price sufficient to cover the handling cost and transportation cost to get the recyclable to the market. S \UV~g~m lsU I \'franlttSm AM'I I I -7 wlul 1 5 November K, 2001 1.29. "Wood Waste" means unpainted lumber and boards separated from mixed solid waste. 1.30. "Yard Waste" means grass clippings, brush, garden trimmings, leaves and similar natural vegetative materials separated from mixed solid waste, but not including tree limbs more than 10 feet in length or 18 inches in diameter. ARTICLE II. CONTRACTOR RESPONSIBILITIES 2.01. Facility Design, Permitting and Construction (a) Design. The Transfer Station shall be designed as a top-load facility with on-the-floor. crushing and compaction, with an adequate number of loading bays for both truck and rail haul and ~,~i_th through-put capacity of at least two hundred (?_00) tons per day average and a peak of four hundred (400) tons per day. The Transfer Station design shall include facilities for drop-off recycling for: (i) Pay Items: Wood Waste, Yard Waste, tires, appliances, including appliances containing CFCs, antifreeze, oil filters; and (ii) Free Items: cans, glass bottles and jars, newspaper, corrugated cardboard, magazines, office paper, box board, plastic containers, milk and juice cartons, foam padding, scrap metals, motor oil and any additional items for which a viable recycling market is identified; and (iii) Buy-Back Items: California Redemption beverage containers. The Transfer Station design shall additionally include a re-use facility where salvageable items such as doors, windows, furniture, appliances, toys and tools may be donated by Self Haulers and made available for give-away or sale to others. Contractor shall construct the Transfer Station in accordance with Plans and Specifications approved by the City Council of the City. Contractor shall submit Plans and Specifications to the City Council for review and approval. The City Council may comment on the ti VU~A ~;rm~stl I~ I ~anfu9n AM7 I I-] wryi Nuvc mba 8, 2001 16 plans and specifications, and Contractor shall use Reasonable Business Efforts to incorporate such comments. The City Council shall approve or comment on the Plans and Specifications within thirty (30} days of Contractor's submission thereof. Any disputes with respect to approval of the Plans and Specifications shall be resolved by the Independent Engineer in accordance with Section 11.03. (b) Permitting and Construction. Contractor will design, permit, construct, equip, start-up and test the Transfer Station on the Site in accordance with Ppplicable Law. If and to the extent that the construction of the Transfer Station is required to be performed by a licensed building contractor, Contractor may, at its option, either obtain the appropriate license and perform such work or retain a licensed contractor to perform such work. If Contractor elects to retain a licensed contractor to perform such work, Contractor will seek the lowest qualified bidder. 2.02. Start of Operations. Contractor will begin full operation of the Transfer Station on June 9, 2001. If, for any reason, the Contractoz cannot commence operations by June 4, 2001, due to any cause, whether or not constituting an Uncontrollable Circumstance, Contractor shall do all of the following: A. Arrange to transport and dispose of Acceptable Waste originating in the City in accordance with ail applicable provisions of this Agreement governing the proper collection and disposal of Acceptable Waste, except for provisions applicable solely to the operation of the permitted transfer station; B. Prior to commencing the out of county transport of Acceptable Waste originating within the City, obtain City approval for a detailed plan 5 \UV~grmts0l\TranltrSln AMTI I-7 wpd Nmcmbu 8, 2001 1 7 describing how Contractor will collect, transport and dispose of Acceptable Waste without a permitted transfer station at the Taylor Street site in accordance with the requirements of this Agreement, including the provisions of this amendment. Contractor understands that City must comply with the California Environmental Quality Act (~~CEQA") prior to approving such a plan. Accordingly, Contractor shall seek City approval of the plan in sufficient time to permit compliance with CEQA prior to the City reviewing and approving the plan. C. In collecting and disposing of Acceptable Waste, comply with the City approved plan, all applicable laws and regulations, including City ordinances, state laws and federal laws; D. Arrange for the collection and disposal of recyclable materials in accordance with sections 2.11 - 2.15; E. Charge for these services in accordance with this Agreement, except that the operating cost component shall remain at the rate for the first year as set forth in Exhibit A, until the Transfer Station is fully operational and open to the public, and that rate shall remain in effect for a full year after the transfer station is fully operational and open to the public. 2.03. Waste Transfer, Transportation and Di~osal Recycling. Contractor will receive Acceptable Waste delivered to the Transfer Station during receiving hours in accordance with Section 2.06 by Self Haulers and Franchised Waste Haulers. Contractor will conduct buy-back, drop-off, household hazardous waste, Yard Waste, and Wood Waste recycling and operate the reuse facility, in accordance with Sections 2.11-2.15, including marketing and transportation thereof, as applicable. For the first five (5) years after the Transfer Station commences operations the Contractor S \UWgmns0l\TranfcrSln AMTI I-2wpd N o~cmbcr R, 2001 1 8 shall transfer and transport Acceptable Waste to the Disposal Facility by truck. Contractor shall evaluate "Road Railers" or an equivalent truck transfer trailer that can be used in both truck and rail haul operations. If, using reasonable business judgment, Contractor determines Road Railers or their equivalent provide a practical means for the transport of Acceptable Waste, it shall use Road Railers to transport Acceptable Waste to the disposal site. At any time after the fifth (5"') such year, City shall have the right as further provided herein to direct Contractor to transport Acceptable Waste by rail rather than truck. When rail transport commences, the Service Fee, payable pursuant to Article 9 of this Contract, shall be based on the actual direct cost to Contractor of transporting Acceptable Waste by rail, but not to exceed the Transportation Cost Component agreed upon by the parties as shown in Exhibit A, subject to the CPI adjustments as provided in Section 9.02. However, Contractor and City shall cooperate in arranging for rail transport of Acceptable Waste and City must approve Contractor's method of soliciting and negotiating a rail haul subcontract and the terms of any such subcontract. Contractor will be responsible for all activities at the Transfer Station and associated with its Performance Obligations, including collecting Service Fees, traffic control, inspection of solid waste, exclusion of Unacceptable Waste, temporary storage of Hazardous Waste removed from other wastes, and distributing informational materials supplied by the City to Self Haulers. Contractor will be responsible for any errors, deficiencies or failure of Contractor's officers, employees, and subcontractors to fully and timely meet Performance Obligations. 2.09. Operation by Contractor. Contractor will directly operate the Transfer Station, including solid waste crushing and loading and recycling buy-back and drop-off. services, using Contractor's own employees, unless ttie City gives prior approval i.n writing to the S \U\A grmisU l\I i~nluSln AMTII~7 a~xl November B, 2(IUI L 9 use of a subcontractor for those services, which approval shall not be unreasonably withheld or delayed. 2.05. Operational Standards. Contractor will: (a) Remove all Acceptable Waste from the tipping floor of the Transfer Station at least once every twenty-four (24) hours. (b) Remove all railcars or truck transfer trailers of Acceptable Waste from the Site as soon as possible, but not more than forty-eight (48) hours from time of loading, unless the Acceptable Waste has been placed in sealed containers. (c) Wash the tipping floor not less than once per week. (d) Keep all recyclables contained in bins or bunkers except as may be otherwise provided for specific items in this Contract. (e) Keep the Site secure from unauthorized entry. (f) Use best management practices to prevent the transmission of detectable odors across the Site boundaries. (g) Ensure that vehicles do not queue onto Taylor Drive. (h) Comply with any operational standards contained in any Permits, entitlements for use or approvals issued in connection with the siting, construction or operation of the Transfer Station. (i)Comply with the operational plan attached hereto as Exhibit C and incorporated herein by this reference. S \lM grtms0l\Tm nlerSmA MTI I-].wpd November 8, 2001 2 ~ 2.06. Hours of Operation. Contractor will. receive Acceptable Waste and Recyclables at the Transfer Station only between the hours of 5 a.m. and 5 p.m. on each Monday through Saturday throughout the year, except for the following holidays: New Year's Day, Thanksgiving Day and Christmas Day. Within this schedule, Contractor may specify different hours for Franchised Waste Haulers and Self-Haulers. No Acceptable Waste or Recyclables will be allowed to enter the Site except during the such hours. 2.07. Maintenance. Contractor will be responsible for all repair, maintenance and replacement of the Transfer Station in order to keep it in sound working order, including, without limitation: the tipping floor surface, driveways, gates, fences, electrical distribute.on systems, ventilation and heating, fire sprinklers, floor drains, walls, doors, roof, restroorns, fixed equipment, and landscaping. Contractor will keep the tipping floor free of major cracks, holes and breaks. Contractor will keep any tractor not equipped with rubber tires or tracks from coming in contact with the tipping floor or driveways. All repairs made by Contractor will be with an identical article or material or an equal approved by the City. 2.08. Mobile Equipment. Contractor will supply at a minimum the following mobile equipment for use in operating the Transfer Station: (a) Rubber-tired front loader; (b) Track loader. Contractor will further supply, or cause its subcontractors to supply, equipment to meet its Performance Obligations with respect to transport of Acceptable Waste, Yard Waste, Wood waste and recyclables, and disposal of Acceptable Waste at the Disposal Facility. S VU~A grmis0 iATren(a Sm AMTI I-7 wpJ Novcmbe~ 8, 7U01 2 1 2.09. Staffing. Contractor shall assign sufficient staff to the Transfer Station to meet the Performance Obligations. Contractor shall assign only competent personnel who are qualified to perform the assigned tasks. All. personnel will possess the required licenses, permit or training for the tasks they perform. Contractor. will use its best efforts to remove any personnel who are incompetent, disorderly, intoxicated, or abusive to the public. Contractor will assign, at a minimum, the following full-time personnel at the Transfer Station: (a) Equipment operator; (b) Gate attendant; (c) Spotter/Operator/Load Checker. In addition, Contractor shall assign a Station Manager/Supervisor with overall responsibility for ranagement of the Transfer Station who is authorized to accept notices from the City and to act for Contractor. Contractor shall provide and comply with periodic staffing plans for City approval which approval shall not be unreasonably withheld. 2.10. Operational Procedures. Contractor will receive, load and transport Acceptable Waste as set forth in the following additional provisions: Traffic Management. Signs at least 3-foot by 3-foot in size will direct Self Haulers to remove recyclable materials in the recycling drop-off area prior to entering the transfer building. Gate attendant will turn back Self Haulers with recyclables to the recycling drop-off area. Self Haulers and Franchised Waste Haulers will be directed to separate areas in the transfer building for dumping. SVU V. grtn~sU lATranlcrSln AM'111~] w~x1 No~em her A, 2001 2 _Vehicle turnaround. Contractor shall ensure that vehicles delivering Acceptable Wastes will be able to begin unloading within 30 minutes of arriving at the entrance to the Site, absent vehicle breakdown or driver negligence. Scalehouse. Cashier in scalehouse will charge all incoming vehicles according to volume or weight. of solid waste, and will keep daily records of all receipts and so]_id waste volumes in a manner approved by the City. Traffic Spotter. An attendant inside the transfer building will direct customers to the correct location to dump, will enforce safety rules, and will check loads for Unacceptable Waste. Safety. Safety procedures will be developed by Contractor for all employee activities, customer recycling, and customer waste dumping, and submitted to the City for review and approval. 2.11. Buk-Back Recycling. Contractor will operate a California Certified Redemption Center at the Transfer Station under permit from the California Department of Conservation which will provide redemption buy-back from the hours of 10 a.m. to 4 p.m. Monday through Saturday. 2.12. Drop-Off Recycling. Contractor will provide and service separate bins to receive the following segregated recyclable items from the public: aluminum cans, tin cans, glass bottles and jars, newspaper, corrugated cardboard, magazines, office paper, box board, plastic containers, milk and juice cartons, foam padding, appliances, tires and scrap metals. No charge will be made to the public for drop-off recycling of the specified recyclables, except for appliances and tires as stated herein. Contractor will accept additional recyclable items when a Viable Market is available. Contractor may cease accepting a recyclable SAUV~gnnisOlATran krtiin AIJI I I-7 wptl N~~~~mna e, ma i 2 3 item upon written agreement by the City that a satisfactory recycling market no longer exists. Contractor will ensure that all recyclables received wi]1 be sold or donated to bona fide recyclers w}~o will divert the materials from disposal. Contractor will retain all revenues from sale of recyclable materials. MSWMA or another entity designated by City shall have the option to provide refrigerant removal from appliances received at the Transfer Station at no cost to the Contractor. 2.13. Household Hazardous Waste Recycli_na. Contractor will provide and service a tank for recycling of used motor oil, at no charge to the public for up to ten (10) gallons per customer per day. Contractor will accept used oil filters and store them in an appropriate container. Contractor will provide and service a tank for recycling of used antifreeze. Contractor will provide and service a container for recycling of used vehicle batteries, which wil]. be accepted from the public without charge. 2.19. Yard and Wood Waste Recyclina. Contractor oaill accept recyclable and compostable Yard Waste and Wood Waste from customers at a designated area. 2.15. Reuse Facility. Contractor will provide a reuse area where salvageable items such as doors, windows, furniture, appliances, toys, and tools may be donated by the Self Haulers and made available for give-away or sale to others by Contractor. Contractor will maximize the recovery of reusable items, subject to the constraints of customer demand and storage space. Any reuse item for which Contractor sets a price for sale will nevertheless be given away without charge if it is not sold within ninety (90) days. Contractor will keep the reuse area in a neat and orderly condition and provide bins, walls or enclosures as necessary to contain reuse items. Contractor shall provide clear written notice to customers that Contractor has the sole ownership and responsibility S VU~AprmLYU IATmNcrSm AMl 117 ..7d N o.em bcr 8, 2001 24 for any reuse .items sold or given away at the refuse facility and that Contractor disclaims any warranty for use or fitness of reuse items. 2.16. Unacceptable Waste Prohibited. Contractor shall not. knowingly accept Unacceptable Waste at the Transfer Station, except for those recyclable household hazardous wastes accepted in the drop-off recycling area. Contractor shall continuously inspect customer vehicles and the tipping floor for presence of Unacceptable Waste. Unacceptable Waste shall be refused and returned to customer, unless the Unacceptable Waste is already dumped on the tipping floor and the vehicle of origin is unknown. Contractor shall accept title to any Unacceptable Waste received at the Transfer Station and safely segregate, contain, store and dispose of it in accordance with Applicable Law. 2.17. Refusal of Waste. On every occasion where Contractor refuses Unacceptable Waste of any description which is brought to the Transfer Station by a customer, Contractor will inform the customer of the most convenient and economical legal option available for disposal of that waste. Written information on such disposal options will be kept available at all times in the scalehouse. 2.18. Title to Waste. Contractor shall accept ownership and title to all waste materials and recyclables at the time of unloading of such materials at the Transfer Station. Ownership shall have no implication with respect to revenue sharing agreements, if any, or Disposal Facility designation provisions, which shall be governed by specific provisions herein. 2.19. Subcontractors. (a) Contractor shall not subcontract to provide any of the services under this Agreement without the prior written approval of the City; the City S.~U~Abrmis0l \ Ranl irSm A MT I I4 wpJ No~em6cr K. 2(101 2 5 must approve the form and content of all subcontracts. (b) Contractor will transport, or cause to be transported, all Acceptable Waste to the Disposal Facility. Contractor acknowledges that transportation is a critical portion of the Performance Obligations hereunder. Contractor may subcontract for such transportation subject to approval by the City of subcontractor and/o r_ terms of the subcontract, which shall not be unreasonably withheld, but Contractor shall remain liable to the City for its Performance Obligations with respect to transportation hereunder. Any subcontract for transportation shall be assignable to the City in event of termination of this Contract or use of the Transfer Station and equipment under Section 9.09. The City shall be named a third-party beneficiary of Contractor's rights under any such subcontract. Such subcontract shall require the subcontractor to provide the City with notice of any breach or default by Contractor thereunder or the termination thereof. (c) Contractor will dispose of all Acceptable Waste at the Disposal Facility and shall secure rights as necessary and sufficient to provide for disposal of such Acceptable Waste for the term thereof. If a Disposal Facility is unable to perform its obligations under any agreement with Contractor and the City has elected option (1) under Section 9.01(c), the City agrees to cooperate with Contractor in arranging for an alternate Disposal Facility and in making any changes to the Disposal Cost Component of the Service Fee necessary to share with the City, on an equitable basis reasonably agreed on by the parties, any decreased costs resulting from using an alternate Disposal Facility, subject, however, to Section 9.03. S'dJ`,Abrm ts0l\hanlirSin AMT11-7 wpd November H, 2001 2 6 (d) Contractor will not direct or transport any Yard Waste received at the Transfer Station to any processor or user that has not been approved by the City. (e) Contractor will not direct any Wood Waste received at the Transfer Station to any processor or user that has not been approved by the City. (f) Contractor will notify the City of the names and addresses of all subcontractors undertaking any work arising from the construction or operation of the Transfer Station. 2.20. Title. During the term of this Contract, title to the Site shall be and remain the property of Owner and title to all improvements on the Site shall be and remain the property of Contractor, and their successors and assigns. 2.21.. Permits. Contractor will obtain and keep in effect all permits required for the Transfer Station at its own expense, including, but not necessarily limited to: Authority to Construct and Permit to Operate from the Mendocino Air Quality Management District; Notice of Intent for Construction Activity Stormwater Permit from California Water Resources Control Board; Solid Waste Facilities Permit from Local Enforcement Agent; and Major Use and Building Permits from Mendocino County Planning and Building Department. Contractor will copy to the City all permit correspondence, permit notices, draft permits and permits. 2.22. Records and Access. Contractor will maintain accurate and daily records of expenditures and revenues arising from this Contract separate from other business activities of Contractor. Contractor will keep and preserve records of all loads of Acceptable Waste, Yard Waste, Wood Waste, Recyclables and household hazardous waste received at the Transfer Station, and will report the total quantities and payments received S VU,A gmvsU IAhanl'aSm A MTI I-7.wpd ~,~ Novcmlxr R, 2001 in each month to the City not later than the tenth (10th) day of the following month. Contractor shall establish an auditable cash management. plan for City's approval which approval shall not be unreasonably withheld. The City's designated representative shall be allowed access to the Site at all times when the Transfer Station is open, and shall be allowed to i-nspect any and all records upon request to verify the record-keeping procedures of Contractor. The City's designated representative shall be allowed access to the Site during non-operating hours upon notification of Contractor's designated representative. Contractor shall keep records of Hazardous Waste disposal as required by Applicable Law. 2.23. Applicable Law. Contractor shall perform all its Performance Obligations under this Contract, and shall cause all its Subcontractors to perform Performance Obligations, in accordance with Applicable Law, including Permits. Contractor shall be solely liable for all fines and penalties that may be imposed on Contractor for violations of Applicable Law, including Permits. ARTICLE III. THE CITY'S RESPONSIBILITIES 3.01. Waste Flow to Transfer Station. Within the limits of its legal and constitutional authority under Applicable Law, the City agrees that all Solid Waste generated within the City shall be directed to the Transfer- Station. No other local government jurisdiction shall be required to direct its solid waste to the Transfer Station. No solid waste from outside the Service Area will be received at the Transfer Station without prior written consent of the City, and the City shall not unreasonably withhold its consent. Contractor shall identify and keep records acceptable to City of the jurisdiction of origin of all Acceptable Waste received at the Transfer Station, and s wwb~,mso i ~r~~~re~s~~ mm~ i-~ w~a November 8, 2001 2 8 those records shall be available upon request to any such jurisdictions or their agents. 3.02. Com~etino Facilities. The City will not participate as owner or operator of any competing large-volume transfer stations or transfer systems for waste, nor will they issue requests for proposals for such competing facilities or systems, except in connection with the termination of this Contract as permitted by its terms. Existing and planned self-haul transfer stations that direct solid waste to the Transfer Station are not considered to be competing facilities. 3.03. Hazardous Waste Locker Service. Subject to the provisions of Section 9.10, MSWMA, at no cost to Contractor, will remove and dispose of Hazardous Waste which Contractor has stored on site in the hazardous waste locker and which MSWMA's household hazardous waste collection vehicle is authorized to transport. Contractor will not place any recyclable household hazardous materials in the hazardous waste locker which can be received in the Transfer Station's drop-off recycling area. Contractor shall not place leaking or open containers in the hazardous waste locker and will not place incompatible materials in proximity to one another. Contractor shall be responsible for removal and disposition of any Hazardous Waste which MSWMA`s vehicle cannot transport. ARTICLE IV. PAYMENTS 4.01. Components of Service Fee. Contractor will collect the Service Fee for use of the Transfer Station. Contractor will not be entitled to any other payments by the City or the public for performance of the work described in this Contract, except as stated herein. The Service Fee shall be stated and charged in dollars per ton, except as noted herein. In no event shall Contractor. charge the users from the City a Service Fee which is higher than it charges any other S \VUgrmIS01\T rnnled~n.A M TII-] wlul NovcmM.7 8, 2001 2 9 user of the Transfer Station. The total Service Fee for solid waste shall consist of the sum of the following components; provided, however, that the initial Service Fee shall be $50.50, which shall remain in effect for waste fr.orn City residents from October 1, 2001 to September 30, 2002 and for all waste from all other users from October 1, 2001 to November 30, 2001, unless the jurisdiction for those users enters a contract directing all Acceptable Waste from that jurisdiction to the Transfer Station for an initial term of fifteen (15) years, in which case Contractor shall charge that jurisdiction the same Service Fee it charges for Acceptable Waste from the City: (a) Operating Cost Component, which shall be the sole compensation to Contractor for operation of the Transfer Station and the handling of recyclables received at the Transfer Station (Contractor may only charge for recyclables pursuant to Section 4.11). The Operating Cost. Component will initially be set at $7.60 per compacted ton, but will be subject to adjustment as provided in Section 4.02. (b) Transportation Cost Component, which shall be the sole compensation to Contractor for transportation of Acceptable Waste to the Disposal Facility. The Transportation Component will initially be set at $11.54 and remain at that amount unti] October 1, 2002 and will thereafter be subject to adjustment as hereafter provided. (c) Disposal Cost Component, which shall be the sole compensation to Contractor for the disposal of Acceptable Waste at the Disposal Facility. At the City's option, the Disposal Cost Component will be set at $19.00 until October 1, 2002, and thereafter be subject to adjustment as provided in Section 9.02 S ~UU 6rm~01ATra nfc5m AMTI IJ wpd Novcm twr $ 2001 3 0 (d) Construction Cost Component, which shall reimburse Contractor for the capital costs incurred in construction of the Transfer Station, pursuant to the terms of this Contract. The amount of the Construction Cost Component will be set pursuant to Section 4.06, "Construction Costs." (e) City Surcharge Component, which shall be set by the City imposed on any Solid Waste received at the Transfer Station as directed by the City and be collected by Contractor and paid monthly to the City to fund certain solid waste services to the public. Contractor shall implement and collect the City Surcharge Component and any change in the City Surcharge Component within thirty (30) days of notice from the City_ Any other member of MSWMA may direct with thirty (30) days' notice that a surcharge, including the MSWMA surcharge, shall be collected and paid monthly by Contractor on any Acceptable Waste originating within its jurisdiction, provided that the same surcharge is collected on any other Solid Waste generated within that jurisdiction, so that Contractor will not be put at a competitive disadvantage. 4.02. CPI Adjustment. On September 30, 2002, and each September 30 thereafter, the Operating Cost Component, the Transportation Cost Component and the Disposal Cost Component, if the City elected option (1) under Section 4.01(c), of the Service Fee will each be increased or decreased by a factor equal to fifty percent (500) of the percentage change in the CPI during the immediately preceding calendar year (January to December); provided, however, that any $VUV~gr misOlATranfa5ln AMI~I I-7 w~xl N~~~me~~ x. zoui 31 increase or decrease shall not exceed five percent (So) in a single year. If the City elects the rail haul option as authorized by paragraph 2.03, each year thereafter, the Service Fee will each be increased or decreased by a factor equal to seventy-five percent (750) of the percentage change in the CPI rather than fifty percent (500). For purposes of calculating the CPI adjustment, the Operating Cost Component shall not include fees or taxes subject to adjustment as provided in Section 4.04. If the City elects option (1) under Section 4.01(c), the Disposal Cost Component shall not include any such fees or taxes. 4.03. Additional Adjustment of Disposal Cost Component. If during the term of this Contract, Contractor's costs for the disposal of Acceptable Waste decreases because of a change of the Disposal Facility, then the savings from such decrease shall be retained by Contractor, up to the amount of any increased costs to Contractor in transporting P.cceptable Waste to the new Disposal Facility. If the amount of the savings from such decrease exceeds the increased costs to Contractor in transporting Acceptable Waste to the new Disposal Facility, then fifty percent (500) of the excess shall be retained by Contractor and the other fifty percent (500) of the excess shall be applied as the City may direct from time to time. This paragraph only applies if the City has selected option 4.01(c)(1) If the City has selected option 4.01(c)(2) 1000 of the savings will automatically be passed through to the City. 4.04. Taxes or Fees. Contractor is solely responsible for payment of all taxes, fees, and utility charges associated with Contractor's Performance Obligations and use of the Site as of the S ~UAA grm 601~T~anlc ~Sm AMl I I-7 mid No~~mn~:~ x, zoai 3 2 date hereof. Contractor shall increase or decrease the Operating and Disposal Component of the Service Fee to offset changes in Contractor's operating costs which result from the imposition or change after the date hereof in the rates of federal, state or local taxes and fees imposed upon and paid by Contractor for the transfer, transport or disposal of Acceptable Waste provided that such taxes or fees apply only to solid waste facilities or solid waste management activities; provided further that if the City elects option (2) under Section 4.01(c), and such fees or taxes are included in the charges of the Disposal Facility, Contractor shall not be entitled to an adjustment to reflect such fees or taxes under this Section 4.04. 4.05. Billing and Payment. During such time as City bills for garbage service under the Contract for Collection, Transportation and Disposal of Garbage, Refuse, and Rubbish, and Recycling of Recyclable Materials From Within the City of Ukiah, dated March 23, 1992, as amended ("Franchise Agreement"), it shall pay Contractor the Service Fee for accepting City's Acceptable Waste at the Transfer Station from City's Franchised Waste Hauler within fifteen days of the date the City receives a bill therefor. 4.06. Construction Costs. (a) Contractor will keep a separate record of all Construction Costs. Upon completion of construction of the Transfer Station, Contractor will present to the City an accounting of all Construction Costs, as documented by receipts and other records. $.AU~A grmis0lAT2nfcrSln AMII I-].wed November 8, 2001 3 3 (b) The Construction Cost Component of the Service Fee in each year of the contract shall be $12.36 per ton (This fee was computed by amortizing actual Construction Costs over 15 years at a 5o simple annual interest rate and assuming annual tonnage of compacted Acceptable Waste of 20,640 and annual cubic yards of self-hauled (uncompacted) Acceptable Waste of 4?,998). (c) The Contractor shall not include a Construction Cost Component in the Service Fee, commencing on the day the actual construction costs, including debt service at the assumed So simple annual interest rate, has been fully repaid based on the actual compacted Acceptable Waste and actual cubic yards of uncompacted self-hauled Acceptable Waste received at the Transfer Station. If the Contract is extended beyond the initial fifteen (15) year term, there shall be no Construction Cost Component in the second term or any subsequent term, regardless of whether the actual construction costs including debt service has been fully repaid. (d) If Contractor recovers from any third party any of the actual construction costs,50o of the net recovery (less any amounts actually spent by Contractor to recover those costs, such as attorneys' fees and litigation expenses, not to exceed a reasonable amount)shall be deducted from the actual construction costs and credited to the repayment of those costs for the purposes of this Section 4.06. 4.08. Service Fee on Wood Waste and Yard Waste. Contractor may charge and collect a Service Fee for Wood Waste and Yard Waste delivered to the Transfer Station in an amount equal to Contractor's Direct S VlMgrtnlsUi CfranlirSln AMT11-7 wpd November R, 2001 3 4 Costs of receiving, handling, transporting and disposing of such materials, plus ten percent (100). 4.09. Self Haul Service Fee. Section 4.09. Self Haul Service Fee. Contractor may elect to levy a charge for delivery of Acceptable Waste from Self Haulers which is based on volume, instead of weight. The initial self haul service fee shall be $10.75 per cubic yard, of which $6.71 is subject to the fee adjustment provisions of Sections 4.02 and 4.03 of this Agreement. The Construction Cost Component of the self haul fee, which is $2.70, shall be deducted from the self haul fee in accordance with Section 4.6 (c) 4.10. Load Check Hazardous Waste. Contractor acknowledges that MSWMA currently provides household hazardous waste collection and the removal of collected Hazardous Waste which have been removed from the waste stream through the load check programs. This Contract is made on the assumption that MSWMA service will be available for load check hazardous waste will continue to be provided without cost to Contractor. If the same or a similar service from MSMWA is no longer available, the parties shall meet and in good faith renegotiate Operating, Transport and Disposal Components of the Service Fee to reasonably compensate Contractor for additional costs to Contractor, if any. 4.11. Recycling Fees. Contractor may charge and collect fees approved by the City per item of appliances, tires, used oil filters and antifreeze, respectively, delivered to the Transfer Station, in amounts equal to Contractor's Direct Costs of transporting such materials to processing or recycling facilities and paying processing or recycling fees thereof, plus ten percent (10%) to compensate 5.AUV~grmis0lARan krSln AAA'I'I I-7 w!d No.embcr $ 200! 3 S Contractor for handling such recyclables; provided, however, if three of the four current members of MSWMA executed ten (10)-year agreements with Contractor which obligate the agencies to direct their waste stream to the Transfer Station, the ten percent (10%) additional charge to the Recycling Fee shall not be charged during the term of such contracts. 4.12. Chanae Orders. (a) The City may direct a Change Order to the final Plans and Specifications, both before and after the completion of construction of the Transfer Station. The total of Construction Costs shall be adjusted to reflect any such Change Order, and the required completion date may be extended if required to carry out the Change Order. (b) The City may direct a Change Order in the scope of Performance Obligations, including Transfer Station operations, transport services or locations and/or disposal services, at any time. The Operating and Disposal Component of the Service Fee shall be adjusted if necessary to offset any increased or decreased costs to Contractor arising from such a Change Order. (c) Any disputes between Contractor and the City concerning the impacts of a Change Order on costs or completion date shall be decided by the Independent Engineer as provided by Section 11.03. ARTICLE V. ALLOCATION OF RISK; UNCONTROLLABLE CIRCUMSTANCES S VUV.grm ls0 iATra n (cdln AMTI1-7 w1vJ 3 6 Nnvcm her b, 2001 5.01. Contractor Reliance. Contractor warrants that prior to entering into this Contract, it has examined carefully and acquainted itself with: (a) all Contract documents, (b) the Transfer Station project, (c) all applicable federal, state, and local laws, regulations, ordinances, codes and rules, and (d) any and all other matters necessary to the performance of this Contract. 5.02. Uncontrollable Circumstances. Breach of Contractor's Performance Obligations and the City's obligations hereunder are excused by Uncontrollable Circumstances that necessarily and unavoidably prevent performance of any component of the project, provided the party claiming prevention exerted due diligence to prevent the occurrence and mitigate the effects of such Uncontrollable Circumstances. 5.03. Notification. The party with knowledge of the occurrence of an Uncontrollable Circumstance shall notify the other of the event and its effect on its Performance Obligations promptly, but in no case more than twenty-four (24) hours after the discovery of the event. Notice shall again be given when the effect of the occurrence of an Uncontrollable Circumstance has ceased. 5.04. Alternative Service Arrangements. Notwithstanding the provisions of Section 5.02, in the event that Contractor fails or is unable to fully and timely meet its Performance Obligations because of an Uncontrollable Circumstance, Contractor shall use its Reasonable Business Efforts to make available to the City feasible alternative arrangements meeting its Performance Obligations, at the prevailing fees then in effect for such services, for the period during S VUU gnnis0lAfrankrSm AMII I-7 wed Nov~n~, s, iooi 3 7 which such event continues. Failure of Contractor to secure alternative arrangements as provided in this Section shall not be deemed a breach of this Contract, provided that Contractor has exercised good faith efforts to make such alternative arrangements. The City has the right to make such alternative arrangements independent of Contractor. 5.05. Insurable Uncontrolled Circumstances. If any of the equipment at the Transfer Station or Contractor's vehicles are damaged or destroyed due to explosion, floods, fire or other events for which Contractor is obligated to carry insurance pursuant to Article 10, Contractor shall act diligently to promptly collect and apply insurance proceeds to the correction or reconstruction of the equipment or vehicles. ARTICLE VI. INDEMNIFICATION 6.01. Hold Harmless. Contractor shall assume the defense of, and indemnify and save harmless, the City, and its officers, officials and employees, from all suits, actions, costs, damages, claims, judgments or losses arising from Contractor's performance, acts, errors, or omissions under the Contract, but excluding liability due to the sole and active negligence or willful misconduct of the City. ARTICLE VII. SURETY 7.01. Operational Performance Bond. Contractor shall provide and continue in force an irrevocable letter of credit with the City designated as sole payee, or a cash deposit, or a performance bond issued by a corporate surety company authorized to issue 5.AUV~yrmis0lA7 mnfcdm AMTI I-7 wed Novcm bcr K, 2U01 3 8 performance bonds by the State of California and approved by the City, to insure the faithful performance by Contractor of its Performance Obligations in the amount of Five Hundred Thousand Dollars ($500,000). 7.02. Construction Performance Bond. Contractor shall furnish a bond of a surety company acceptable to City conditioned upon the faithful performance of all covenants and stipulations under the contract for tree construction of the Transfer Station. The amount of the bond shall be one hundred percent (1000) of the total contract price. 7.03. Material and Labor Bond. Contractor shall furnish a bond of a surety company acceptable to the City in a sum not less than fifty percent (500) of the total Transfer Station construction contract price for the full payment of all persons, companies, or corporations who perform labor upon or furnish materials to be used in the work under the Construction Contract for the Transfer Station, in accordance with the provisions of Civil Code sections 3247 through 3252. 7.04. Defective Material and Workmanship Bond. Contractor shall furnish a bond of a surety company acceptable to the City in a sum not less than five percent (5 o) of the total Transfer Station construction contract price to hold for a period of one (1) year after completion and acceptance of the Work to protect Contractor against the results of defective materials, workmanship and equipment (in addition to any warranties furnished by manufacturers) during that time. This bond must be delivered to Contractor with a copy to the City in a form S vU~ngrmb0l ~ franlmdln AM f l l-7 wryl N~~,~~n~~ a. zuoi 3 9 acceptable to the City before final payment under the construction contract may be made. 7.05. Noti-fication of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this Contract and the Transfer Station construction contract, and they waive the right of special notification of any change or modification of this Contract or the Transfer Station construction contract or of any extension of time, or decreased or increased work, or of the cancellation of said contracts, or of any other act or acts by the City or its authorized agents, under the terms of this Contract or of contractor or its authorized agents under the construction contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this Contract or the Transfer Station construction contract. ARTICLE VIII. ASSIGNMENT 8.01. Assignment. Contractor shall not directly or indirectly, voluntarily or involuntarily assign, mortgage, pledge or encumber any interest in all or a part of the contract and shall not transfer any controlling stock or ownership interest in Contractor or take any other action which would result in any individual or entity other than Contractor as it existed on the effective date of this Contract providing services hereunder without the prior written consent of the City. The City Council shall have the right to determine in its sole discretion whether to approve, conditionally approve or deny any request by Contractor for approval under this paragraph. Any action requiring City Council approval under this S \U\A grtms0l\TranfcrSl n.AMl'I I-7 wlxl 4 O November 8, 2001 paragraph that occurs without such approval shall give City the right to terminate this Agreement without prior notice to Contractor or its successors or assigns. ARTICLE IX. DEFAULT 9.01. Contractor Default. There shall be three classes of default by Contractor in its performance under this Contract: (a) Class A Default includes: (i) Contractor's failure to procure and/or maintain any performance bond, payment bond, or insurance required hereunder; (ii) Contractor filed a voluntary claim for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, or custodian of Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors; (iii) A court having jurisdiction enters a decree or order for relief in any involuntary case brought under any bankruptcy, insolvency, debtor relief or similar law now or hereafter in effect, or Contractor consents to or fails to oppose any such proceeding, or S1U~A yrmtsO lA"Itanl irSin A~d'~II-7. w~~ N oecmbm b, 2001 41 any such court c-nters a decree or order appointing a receiver, liquidator, assignee, custodian, or trustee of Contractor for any part of Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor; (iv) Contractor's failure to transfer all Acceptable Waste from the tipping floor of the Transfer Station in accordance with Section 2.05 and transport such Acceptable Waste to the Disposal Facility on more than three occasions of three or more days' duration in any calendar year. (b) Class B Default includes: (i) Contractor's failure to meet its Performance Obligations with respect to starting operation of the Transfer Station by the time provided in Section 2.02; (ii) Contractor's breach or default under any subcontracts relating to Contractor's Performance Obligations, including subcontracts for transportation and disposal; Contractor's failure to secure provisions in such subcontracts requiring the subcontractor to promptly notify the City of such breaches or defaults; and Contractor's failure to promptly notify the City of such breaches or defaults; (iii) Contractor's failure to deliver Acceptable Waste to the Disposal Facility in accordance with Section 2.03 and Yard Waste S VU V~grtnlsU IATmnlor9 n A M f l 1~ 7 wpd November 8, 20U I 4 2 and Wood (Taste to the City approved facilities in accordance with Section 2.14; (iv) Contractor's failure to divert recyclables from disposal in accordance with Section 2.I2; {v) Contractor's direct or indirect change of control or transfer of a direct or indirect controlling interest in the beneficial ownership of Contractor in violation of Section 8.01. (c) Class C Default includes any other failure by Contractor to fully and timely meet its Performance Obligations. 9.02. Conseduences of Contractor Default. (a) Class A Default. In the event Contractor is declared in default because of a Class A default, the City may at its sole discretion: (i) be released from its obligations under this Contract and use any other method or person to operate the Transfer Station and to transport and/or dispose of solid waste, including direct operation of the Transfer Station by the City or its agents, and may sue for actual damages; (ii) seek performance; judicial remedy of specific S \Uwgrm ls0l \Tranlil S lnA MTlI-7 wlxl NovcmM~.i 8, 2001 43 (iii) pursue any combination of the foregoing or any other remedy provided under this Contract; or (iv) foreclose on the performance bond required by Section 7.01, "Performance Bond." (b) Class B Default. In the event Contractor is declared in default because of a Class B default, Contractor or Surety shall be permitted to remedy the default within fifteen (15) days from notice by the City that Contractor has been declared in default and shall pay to the City, from the date of that notice to the date the default is remedied, liquidated damages in the amount of One Thousand Five Hundred Dollars ($1,500) per day. If the Class B default is not timely remedied, the City may, at its sole option, exercise the remedies provided in subsection (a). (c) Class C Default. In the event Contractor is declared in default because of a Class C default, Contractor or Surety shall be permitted to remedy the default within thirty (30) days from notice by the City that Contractor has been declared in default and from the date of that notice to the date that the default is remedied shall pay to the City liquidated damages in amount of One Thousand Five Hundred Dollars ($1,500) per day. If such default is not timely remedied, the City may, at its sole option, exercise the remedies provided in subsection (a). (d) The amount of liquidated damages stipulated in this Section shall be adjusted S.\UWgrmLS01\TranluSln AMTI I-7 wpJ November $ ZOOI 4 4 annually by the CPI in the same manner as the Service Fee. (e) The parties acknowledge that consistent, efficient Transfer Station Operation is of utmost importance to the City, and the City has considered and relied upon Contractor's representations as to its quality of service commitment in entering into this Contract. The parties further recognize that quantified standards of performance are necessary and appropriate to ensure consistent and reliable service. The parties further recognize that if Contractor fails to meet is Performance Obligations, Self Haulers, Franchised Waste Haulers and the City and the public will suffer damages and that it is and will be impracticable and extremely difficult to ascertain and determine the exact amount of such damages. Therefore, the Parties agree that the above-stated liquidated damages represent a reasonable estimate of the amount of such damages. 9.03. Default Procedure. (a) Notice. To initiate default proceedings under this Section, the City shall give written notice to Contractor and its Surety describing the nature of the default and the City's intention to declare Contractor in default. Contractor may be declared to be in default if it fails to cure the default within thirty (3 Q) days of receipt of the City's notice; provided, however, that if the nature of the default is such that it cannot be cured within thirty (30) days, Contractor shall not be declared to be in default as long as it 5 \lM grm ls0l\T ranlciSm AMTi I-7.w~ November 8, 2001 4 5 commences a cure within thirty (30) days of receipt of the notice from the City and diligently pursues such cure to completion. If Contractor fails to so cure the default, and unless Contractor promptly shows cause to the City's satisfaction why it should not be declared in default under the Contract, the City may declare Contractor in default and notify Contractor and its Surety of such declaration, in which event the consequences of such default as provided in Section 9.02 shall apply. (b) Performance by Surety. In the event that because of a default the City is entitled to order Contractor to discontinue further performance under the Contract and to transfer Contractor's obligation to perform to the Surety, the Surety shall, within twenty-four (24) hours, assume performance of the Contract and, as soon thereafter as possible, but no later than seventy-two (72) hours after the City transfers Contractor's obligations to the Surety, take possession of all vehicle and equipment necessary to perform the work in accordance with applicable law. The Surety's action under this Section shall not relieve it of its obligations under the Contract and the bond. (c) Failure by Surety; the City Substitution. If the Surety fails to effectively and competently assume or continue performance within four (4) days of the effective date of notice from the City, the City may exercise its rights to foreclose on the performance bond. S VU V~gnvs0l ARanfcdmAid"1 I I J wed NovcmL•cr 8, 2001 4 6 (d) Uncontrollable Circumstances. A delay or interruption in the performance of all or any part of the Contract resulting from Uncontrollable Circumstances shall not be deemed a default under this Section, except that, if an Uncontrollable Circumstance occurs and prevents the City or Contractor from performing the Contract for a period in excess of ninety (90) days, then each Contractor and the City shall have the right, in its sole discretion, to terminate this Contract. 9.04. The City's Use of Contractor Equipment. If the Contract is terminated for cause by the City, the City or its agents may utilize all or any portion of Contractor's equipment as is appropriate to operate the Transfer Station. Contractor hereby grants to the City, at no cost to the City, an irrevocable offer to a one (1) year lease, or portion thereof in monthly increments, of any or all of Contractor's equipment at a fair market lease rate in the event the City terminates this Contract for cause. At the time of termination, the City shall give written notice to Contractor of its desire to lease all or a portion of Contractor's equipment by specifying the item of equipment the City desires to lease- With respect to each item of equipment specified, the City may immediately begin using such equipment and may take physical possession of it. The equipment of Contractor shall be returned to Contractor in the same condition as existed at the time when the City obtained the same, with the exception of ordinary and reasonable wear and tear. 9.05. Remedies Not Exclusive. The City's rights and remedies in the event of Contractor's breach and default hereunder are not exclusive. The City's S W \Ayrm~sU i \TnnluSln A MT I I J.wpd 4 7 Novcm ba 8,2001 exercise of one such remedy is not an election of remedies. ARTICLE X. INSURANCE. 10.01. Insurance. Contractor 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 hereunder by Contractor, its agents, representatives, employees or subcontractors. (a) Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office from number GL 002 (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). (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (iii) Builder's risk insurance on "all risk" basis (including collapse) on a completed value form for full replacement value covering the interests of Contractor and the City in all work incorporated in and all materials and equipment for the Project. All materials and equipment in any off-site 5 VU~.4grm¢01ATiank~Sln AMTI I-7 wpd Novemtxr 8, 2001 4 8 storage location the Project, or thereof shall be basis as soon as by Contractor. intended for permanent use in incident to the construction insured on an "all risk" the same have been acquired (iv) Worker's Compensation insurance as required by the Labor Code of the State of California and Employer's Liability insurance, if Contractor has employees who will directly or indirectly provide service or support Contractor in its provision of services under this Contract. (b) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (i) 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. (ii) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. (iii) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the s ww b~m~tu i coo~r,:~s~~ nM r n-~ ,~~ 4 9 N~~~~~~h~~ x. qua i 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 Contractor 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 provisions: (i) General Liability and Automobile Liability Coverages. (A) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor, or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. S \UWgrmIS01\Tranlcdm AMiI I-] apd 50 Na~~e tuber tl, 2001 (B) Contractor's insurance coverage shall be primarily 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 in excess of Contractor'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) Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. (ii) Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by Contractor for the City. (iii) A1.1 Coverages. Each insurance policy required by this Section 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 S ~Utiyrm lsU AlrunlaSm AMT I-7 w~ No~c mbc, K 2001 51 certified mail, return receipt requested, has been given to the City. (e) Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. (f) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and with original endorsements affecting coverage required by this Section. 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 workers' 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 reserved the right to require complete, certified copies of all required insurance policies, at any time. (g) Subcontractors. Contractor shall include all subcontractors and insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 10.02. Fire and Damage Insurance. Upon completion of the construction of the Transfer Station, Contractor shall carry fire insurance with extended coverage endorsements approved by the City, SVlMyrtn6Ul~TranfaStn AMTI i-] wpd November 8, 2001 S 2 jointly in the names of Contractor and the City, covering not less than the full insurable value of all improvements on the Site. Said policy or policies, or copies thereof, shall be deposited with the City, and Contractor shall pay all premiums and other charges payable with respect to such insurance. in the event of damage to any portion of the Transfer Station on the Site, Contractor shall rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform Code standards. The reconstruction required herein shall commence within ninety (90) days after the damage occurs, and shall be pursued diligently to completion. ARTICLE XI. DISPUTE RESOLUTION. 11.01. Independent Engineer. The Independent Engineer shall be selected by mutual agreement of the parties within ten (10) days of the date of this Contract. The Public Works Director of the City shall have the authority to represent the City in the selection of the Independent Engineer. Jim Salyers, or such other manager designated by Contractor, shall have the authority to represent Contractor in the selection of the Independent Engineer. In the event the Independent Engineer resigns or is otherwise unable to perform services hereunder or either party wishes to select a different engineer, each Party shall prepare a separate list of five (5) independent engineers having experience in the design, construction, acceptance and operation of transfer stations, material recovery facilities and yard waste processing facilities, in numerical order with the first preference at the top, and exchange and compare lists. The independent engineer ranking highest on 5'. W\A grmis0l \Tra nlcrSi o.A MT11-7.wpd November 8, 2001 5 3 the two lists by having the lowest total rank order position on the two lists shall be the Independent Engineer. In case of a tie in scores, the Independent Engineer having the smallest difference between the rankings of the two parties shall be selected; other ties shall be determined by a coin toss. If no independent engineer appears on both lists, this procedure shall be repeated. If selection is not completed after the exchange of three lists or sixty (60) days, whichever comes first, then each Party shall select one independent engineer having experience described above and the two engineers so selected shall together select an Independent Engineer. 11.02. Independent Engineer Costs. Parties shall pay the costs of the Independent Engineer in accordance with the provisions hereof; provided, that if no provision is specifically made, the Parties shall share the costs of the Independent Engineer equally for the first three arbitrations or mediations brought in any Contract Year, and thereafter shall be borne by the loser, as determined by the Independent Engineer. 11.03. Arbitration for Specified Disputes Only. Following the Parties mutual good faith efforts to resolve disputes listed in this Section below for a period of no less than thirty (30) days, or prior to the start of operations of the Transfer Station in accordance wi-th Section 2.02, ten (10) days, the Parties shall each give the Independent Engineer Notice detailing the dispute together with a written statement of each Party's position thereon. Parties shall simultaneously exchange copies thereof. The S.\lMgrmrsO RTranlc rSm AMTI I-7 w,xl November R, 2001 5 q determination of the Independent Engineer with respect to these specific disputes shall be binding: (a) the City appzoval of plans and specifications for Transfer Station construction; (b) the City acceptance of Transfer Station; (c) Contractor accounting of actual Construction Costs of Transfer Station; (d) adjustments in Construction Costs, Service Fee or completion date due to Change Orders directed by the City; (e) any other disputes which both Parties agree to submit to the Independent Engineer for determination on a binding basis. Both Parties shall, in good faith and in writing, promptly provide the Independent Engineer with any and all information and documentation the Independent Engineer requires or requests in order to make its determination. Each Party shall simultaneously provide the other Party with copies thereof. Neither Party shall communicate orally with the Independent Engineer unless the other Party is privy thereto. Neither Party shall communicate in writing with the Independent Engineer unless it simultaneously sends copies of such communication to the other Party, in the same manner that it sends such communication to the Independent Engineer. 11.04. Determination. The Independent Engineer shall make its determination based on the submissions of the Parties, the provisions hereof, and other S.\U\A gym is01\T~a nl'crSln AMT11-7.wpJ S S Naoemkxr 8, 2001 factual determinations it may make regarding the matter in dispute. 11.05. Studies and Survevs. The Parties may request the Independent Engineer to conduct studies and surveys with respect to breaches or disputes hereunder. Cost of such surveys and studies shall be paid as the Parties may agree. 11.06. Optional Arbitration. In addition to the specified disputes that will be submitted to the Independent Engineer, any other dispute may be referred to binding or non-binding arbitration under procedures that the Parties shall adopt. Contractor and the City mutually agree to conduct such arbitration. ARTICLE XII. OBLIGATION TO PURCHASE 12.01. Purchase of Improvements and Equipment. Upon termination of this Contract for any reason, Contractor shall have the obligation to sell to the City and the City shall have the option to purchase, (1) the improvements constructed by Contractor on the Site ("improvements"), and (2) the equipment used by Contractor to meet its Performance Obligations in operating the Transfer Station and transporting Acceptable Waste and Recyclables to a Disposal Site and other markets (the "equipment") Such option shall be exercised by written notice to Contractor and Owner given not less than six (6) months prior to the date of termination, unless termination is the result of Contractor's default as set forth in Article 9 of this Contract. In the event this Contract terminates as a result of Contractor's default City shall have the right to exercise its purchase option, if it gives S.\UWgrm~s01\TranluSln AMTI I-7.wpd 5 6 November 8, 2001 notice to Contractor and Ovaner of such election within sixty (60} days after the Contract is terminated. The purchase price that the City shall pay Contractor for the improvements shall be a sum equal to the total Construction Costs, less that portion of the Construction Costs amortized and paid through the Construction Cost Component of the Service Fee through the date of termination. The purchase price that the City shall pay Contractor for the equipment shall be its cost less depreciation calculated on a straight- line basis over the estimated useful life. If the Contract remains in effect for the initial fifteen (15) year term, the City shall pay nothing for the Improvements, even if some portion of the actual construction costs remains unpaid by collection of the Construction Cost Component of the Service Fee. 12.02. Purchase or Lease of Site. Upon termination of this Contract for any reason, the City shall have the option to purchase the Site from Owner, and Owner shall have the obligation to sell the Site to the City, if the City has elected to purchase the improvements pursuant to paragraph 12.01. The purchase price that the City shall pay Owner for the Site shall be a sum equal to the lesser of (ij $487,000 increased by the percentage increase in the CPI between the date of this Contract and the date of termination, or (ii) the then actual fair market value of the Site; provided, however, that in no event shall the minimum purchase price be less than $487,000. The purchase and sale of the Site shall be on a then "as- is" basis, and otherwise on commercially reasonable terms then applicable to the purchase and sale of real property, including the right of City to demand indemnification from Contractor for hazardous or toxic S \UV~grmrs0l\TranlcrSm A1A Il I-7 wpd Naremlmr B. 2001 5 waste contamination arising prior to City's purchase of the Site and Contractor's obligation to convey to the City clear, unencumbered fee title to the Property. If the Contract is not terminated until the end of the initial fifteen (15) year term, the purchase price shall be zero ($0.00). Alternately, at the option of the City exercised by written notice to Owner given within ninety (90) days of the date of termination, the City shall lease the Site from Owner and Owner shall lease the Site to the City, for a lease term of not less than ten (10) years, at the then fair market lease value of the Site (less any value attributable to the improvements) and otherwise on commercially reasonable terms then applicable to the ground lease of real property. The parties shall select and share the cost of an appraiser to determine the fair market value or fair market lease value of the property. If they cannot agree on a single appraiser, they may each produce an appraisal report by an appraiser of their choice. If the separate appraisals are within ten percent (l00) of each other, fair market value shall be the average of the two appraisals. If the appraisals differ by more than ten percent (l0o), the two appraisers shall select a third appraiser to review the appraisal reports and determine which report represents the fairest appraisal. The appraisal selected by the third appraiser shall constitute the fair market value or fair market lease value of the Site. The parties shall each bear the expense of their separately selected appraisers and share equally the cost of the third appraiser. ARTICLE XIII. GENERAL PROVISIONS S LLJ~grmis0lATra nfcr5m AMll l-7 w1x1 Nove mbcr %, 2001 5 8 13.01. Governing Law. This Contract is made in and shall be construed under the laws of the State of California, and any actions filed hereunder shall be filed in the County of Mendocino, State of California. 13.02. Severability. If any Contract provision is held void, invalid, or unenforceable under any applicable law, the remaining provisions of the Contract shall remain in effect and bind the parties; however, the parties shall negotiate in good faith to amend the Contract to effectuate the intent of any void, invalid, or unenforceable provision, if permissible under applicable law. 13.03. Time of the Essence; No Waiver. Time is of the essence in this Contract. The City's or Contractor's failure to object to a breach of any Contract provision is not and shall not be construed as a waiver of that provision. The payment or acceptance of compensation to any breach is not and shall not be deemed an acceptance of that breach. Any waiver must be in writing. 13.04. Construction of Terms. Unless otherwise specified in the Contract, words describing material or work that have a well known technical or trade meaning shall be construed in accordance with the well known meaning generally recognized by solid waste professionals, engineers and trades. 13.05. Personal Liability. This Contract is not intended to create or result in any personal liability for any public official or the City employee or agent, nor shall the Contract be construed to create that liability. S'\UV~grmtsU l ^tanlcrSm AMT 11-7 wIW Novcmhcr 8, 1 W I 5 9 13.06. Subsidiarv Contracts. No contract between Contractor and its subcontractors, officers, employees or agents, including all contracts relating to construction, use, operation of the Transfer Station, transportation vehicles or disposal site, shall prevent, expressly or in effect, Contractor from performing its obligations under this Contract. 13.07. Independent Contractor. Contractor shall perform all work under this Contract as an independent contractor. Contractor is not and shall not be considered an employee, agent, subagent, or servant of the City for this Contract or otherwise; Contractor's subcontractors, employees, or agents are not and shall not be considered employees, agents, subagents, or servants of the City for this Contract or otherwise. Nothing in this Contract shall be construed as creating a partnership or joint venture between Contractor and the City or as giving the City a duty to supervise or control the acts or omissions of any person performing services or work under the Contract. 13.08. Notices_ A11 demands, directions, selections, option exercises, orders, requests, proposals, comments, acknowledgments, approvals, consents, certifications, waivers and other communications made hereunder shall be in writing and deemed served when: (a) delivered in person to the person to whom it was intended; (b) if sent by certified mail or other carrier, return receipt requested, to that person at the person's last known business address; or (c) if sent by facsimile (confirmed promptly by the means described in clause (a) or (b) of this Section). The date or time of service shall be three (3) business days after the date or time the relevant document was mailed to that S \UW yrmts0l \Tra nlcrSin A M I' I I -7 wpd 6 O November 8, 2001 address; one (1) business day after the relevant document was fared to that fax number; and the same day if personally delivered to the specified person and/or address. Contractor shall address all notices and correspondence to the City to the City's representative as follows: City Manager City of Ukiah Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 FAX: (707)463-6204 The City shall address all notices and correspondence to Contractor to Contractor's representative as follows: James Ratto, CEO Solid Waste Systems, Inc. P.O. Box 1916 3417 Standish Ave. Santa Rosa, CA. 95402 FAX: (707)586-5543 The addresses and phone numbers for the representatives of the Parties may be updated by written notice as necessary. 13.09. Article, Section and Subsection References. Any Articles, Sections or subsections mentioned in this Contract by number only, without reference to another document, refer to those Articles, Sections or subsections contained in this Contract. A11 Article, Section or subsection headings contained in this Contract are for convenience and S'.\IJ\Agrmts0l\TranfcrSm.A MT 114.wpd November 8, 2001 6 1 reference only. They are not intended to define or limit the scope of any provision of this Contract. 13.10. Amendment or Waiver. Neither this Contract nor any provision hereof may be changed, modified, amended or waived except by written instrument signed by the Parties. 13.11. Integration. This Contract and the Franchise Agreement contain the entire agreement between the Parties with respect to the transactions contemplated hereby. This Contract shall completely and fully supersede all prior understandings and agreements between the Parties with respect to such transactions, including those contained in the "Offer for Construction and Operation and Solid Waste Transportation and Disposal" previously signed by Contractor and approved by the City Council of the City. 13.12. Execution in Counterparts. This Contract may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Contract. 13.13 No Third Party Beneficiaries Intended The terms of this Contract are intended for the benefit of Contractor, City and Owner only and not for the benefit of any third parties. Third party beneficiaries are not created or intended. ARTICLE XIV. TERM 14.01. Term of Contract. The term of the Contract shall continue for fifteen (15) years beginning on the date of the start of operation of the Transfer Station S:\NggrmisU I \Tranl arSm.AM I I I -7 wpd Novcmbcr 8, 2(101 6 2 pursuant to Section 2.02,as amended, unless terminated earlier pursuant to terms of the Contract. ARTICLE XV. CONDITION TO CONTRACT In entering this Contract, City agrees to amend the Franchise Agreement extending the date for the termination of the Franchise Agreement to the date on which the term of this Contract terminates; provided, however, that nothing in this Article 15 shall prohibit the parties from extending the Franchise Agreement beyond the termination of this Contract. IN WITNESS WHEREOF, this Contract was executed by the parties as of the date first written in above. Date: /f~~l~~~l~`,2~~r 2001 "City" THE CITY OF UKIAH, a municipal corporation By :' ~ Its : ~~TL~ .~1J~J~C~i~E~~'~ ATTEST: S\UW grm ts0l \TranfcrSm AMT I I-7.aTd 6 3 Novembcr 8, 2001 Date: Q %j~~Z ~~ 2001 Date : til~y~~~~ ~~ 2001 "Contractor" SOLID WASTE SYSTEMS, INC., A California corporation By: alyers~ ~Jice-President `~ / Date: / 2001 "Owner" NORTH BAY CORPORATION, a California corporation By: ~~~~/ ~z,~~' ,Secretary S VlM gnms0lATrenfe rSm AMl 114.wpd November 8, 2001 64 President Fa..:l F~1T uC.. OPERATIONS PLAN TAYLOR DRIVE TRANSFER STATION Solid Waste Systems, Inc. (SWS) will obtain bids for construction from qualified contractors to construct atop-load facility with on-the-floor crushing and compaction, with an adequate number of loading bays for both rail haul and truck haul. The lowest responsible bid will be accepted. The site will be built for athrough-put capacity of 200 tons per day average and a peak volume of 400 tons per day. SWS will receive refuse and recyclables at the transfer station during permitted hours of operation. During hours of operation, in addition to accepting waste for disposal, SWS will also provide recycling buy-back and drop-off services, household hazardous waste recycling services, yard and wood waste recycling, and a re-use facility. A SWS employed gate attendant will either weigh or measure loads being delivered to the site. The gate attendant will inspect for hazardous waste and recyclables, reject any hazardous material discovered, and refer the site user to the recycle or re-use area for recyclables. After paying the site attendant for the waste to be disposed, the site user will then be directed to the refuse disposal area. Once at the tipping area an attendant inside the transfer building will direct site users to the correct location to dump, and the attendant will check loads as they are unloaded for unacceptable waste. Loads that are clean wood or yard waste will be directed to the area where wood and yard waste is consolidated. Once on the tipping floor the waste will be `walked on" by the track loader to crush and compact it. Using grubber-tired front loader tractor the waste will then either be added to the refuse consolidation pile, or loaded directly into the rail cars or transfer trailers. Wastes will be removed from the tipping floor at least every 24 hours. Loaded rail cars or transfer trailers will be transported to the landfill as soon as possible, but not more than 48 hours from time of loading. STAFFLNG PLAN SWS will employ competent personnel who are qualified to perform the assigned tasks. All personnel will possess the required licenses, permit or training for the tasks they perform. SWS will not allow any incompetent, intoxicated, or impolite employees at the transfer station or recycling area. SWS will employ the following personnel at the transfer station and recycling area: 1) Equipment Operator -responsible for using track loader to crush and compact waste, consolidating refuse and wood/yard waste to make room on tipping floor, and loading rail cars or transfer trailers. 2) Spotter/Operaior/I,oad Checker -responsible for directing self-haulers and franchise haulers to correct location for dumping as well as directing loads of wood or yard waste to the proper area, check for inappropriate wastes, aid the equipment operator in compacting refuse with the track loader during peak times. 3) Buy-BacklDrop-Off/Reuse Area (Recyclinel Attendant -responsible for performing the operations in the State Certified Redemption Center, directing users of the drop-off recycling azea as well as the reuse azea. 4) Gate Attendant -responsible for inspecting loads for acceptable waste, recyclables, hazardous waste, and wood or yard waste as a preliminary load-check. Will also act as cashier to charge incoming vehicles according to volume or weight of waste, and will keep daily records of all receipts and volumes of different types of materials delivered to the site. A more detailed description of operations of the transfer facility is contained in Sections 2.01 through 2.17 in the Contract for Transfer Station Construction and Operation and Solid Waste Transportation and Disposal. The operations and staffing of the site will also be described in much more detail in the Mendocino County Use Permit application, the California Solid Waste Facility Permit, and through the CEQA process. AMENDMENT TO TRANSFER STATION CONTRACT BETWEEN CITY OF UKIAH AND SOLID WASTE SYSTEMS, INC. This agreement is made and entered in Ukiah, California, on Apri117, 2002, by and between the CITY OF UKfAH ("City"), a general law municipal corporation, and SOLID WASTE SYSTEMS, INC., a Califomia corporation (" Contractor"). This agreement amends the REVISED TRANSFER STATION AGREEMENT between the parties, dated August 17, 2000 ("Contract"). Except as expressly amended by this agreement, all other terms and conditions of [he Contract remain unchanged and in full force and effect. Section 2.12 of the Contract is amended to read as follows: 2.12. Drop Off Rec cline. Contractor will provide and service sepazate bins to receive the following segregated recyclable items from the public: aluminum cans, tin cans, glass bottles andjars, newspaper, corrugated cardboard, magazines, office paper, box board, plastic containers, milk andjuice cartons, foam padding, appliances, tires and scrap metals, when scrap metals are contained in loads of one (I) cubic yard or less. No charge will be made to the public for drop-off recycling of the specified recyclables, except for appliances and tires as stated herein. Contractor will accept additional recyclable items when a Viable Market is available. Contractor may cease accepting a recyclable item upon written agreement by the City that a satisfactory recycling market no longer exists. Contractor will ensure that all recyclables received will be sold or donated to bona Sde recyclers who will divert the materials from disposal. Contractor will retain all revenues from sale of recyclable materials. MSWMA or another entity designated by City shall have the option to provide refrigerant removal from appliances received at the Transfer Station at no cost to the Contractor. Section 4.1 I of the Contract is amended to read as follows 4.11. Recvcling_Fees . Contractor may charge and collect fees approved by [he City per item of appliances, tires, used oil filters, antifreeze, and scrap metals, when scrap metals are delivered in loads of greater than one (I) cubic yard, respectively, delivered to the Transfer Station, in amounts equal [o Contractor's Direct Cosu of transporting such materials to processing or recycling facilities and paying processing or recycling fees thereof, plus ten percent (10%) to compensate Contractor for handling such recyclables; provided, however, if three of the four current members of MSWMA executed ten (10)-yeaz agreements with Contractor which obligate the agencies to direct their waste stream to the Transfer Station, the ten percent (10%) additional charge to the Recycling Fee shall not be charged during the term of such contracu, WHEREFORE, this agreement is entered on the date first written above. SOLID WASTE SYSTEMS, INC. CITY OF UK[AH By: ~ ~ By;!L~S' it Ashiku, Mayor AT'f ST: gy; ~?!~c!?~L~ Marie Ulvila, Ciry Clerk EXHIBIT B WOOD AND GREEN WASTE EXHIBIT B AGREEMENT FOR RECEIPT OF WOOD AND GREEN WASTE This Agreement ("Agreement") is made and entered into effective this 1 s' day of September, 2007, by and between Pacific Recycling Solutions, Inc., a California corporation ("PRS"), Ukiah Waste Solutions, Inc., a California corporation ("UWS"), and Solid Waste Systems, Inc., a California corporation ("SWS"). RECITALS A. PRS owns and operates a green waste and wood waste processing facility in Mendocino County, California (the "Facility"). B. The Facility is fully permitted to accept and process Green Waste and Wood Waste, as defined below ("Materials"). C. SWS holds a contract with the City of Ukiah for the operation of the Ukiah Valley Transfer Station for the receipt, collection, transportation and disposal of municipal, commercial and industrial solid waste, and U W S holds a contract with the City of Ukiah for the collection and disposal of solid waste. SWS and U WS desire to enter into an agreement with PRS which will provide for disposal of 10,000 tons annually of Materials at the Facility. [n consideration of the aforementioned recitals and upon the terms and conditions herein set forth, the parties hereto agree as follows: 1. Definitions: The following terms shall have the respective meanings set forth below: "Green Waste" shall mean green trimmings, grass, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings, dead trees, small wood pieces and other types of organic yard waste, provided that dead trees and branches may not exceed six (6) inches in diameter and four (4) feet in length. "Wood Waste" shall mean clean pieces of unpainted and untreated wood. "Process" shall mean handle, grind or chip and recycle Materials. 2. Agreement to Accept Materials: PRS agrees to accept and Process all Materials collected at SWS's transfer station or collected by UWS, as provided for under their contracts with the City of Ukiah, and delivered by SWS or UWS to the Facility, on the terms herein. Processing Rate: As consideration for the receipt and proper Processing by PRS of the Materials delivered by SWS or UWS, SWS and UWS shall pay PRS a fee of Thirty Dollars ($30.00) per ton for Materials received by PRS at the Facility from SWS and UWS, respectively, as adjusted pursuant to Paragraph 3 herein (the "Processing Rate"). Fees shall be paid by SWS and UWS within thirty (30) days of receipt from PRS of a written invoice detailing the amount of Materials received by PRS for each month. 4. Adjustment of Processing Rate: The Processing Rate of Thirty Dollars ($30) per ton shall be held constant for the first five (5) years, provided that, at the beginning of the sixth (6"') year and annually [hereafter the Processing Rate will be increased by a percentage equal to the percentage increase, if any, in the Consumer Price Index, All Items, for the San Francisco-Oakland Metropolitan Area published by the United Stales Department of Labor, Bureau of Labor Statistics ("Index"), for the preceding year, using the Index published for the month nearest the beginning and the month nearest the end of such year. Notwithstanding any other provision herein, to the extent any government having jurisdiction over the Facility should impose any fee or tax ("Government Tax") on the Facility associated with the Processing of Materials, the Processing Rate shall be increased by the amount of such Government Tax, either at the per ton rate of such Tax or if such Tax is not assessed on a per ton basis, in the proportion that the total tonnage of Materials PRS reasonably projects to accept from SWS an U WS during the period for which the Government Tax will pertain compared with other users of the Facility. On each adjustment of the Processing Rate, PRS shall deliver to SWS and UWS written notice stating the adjusted Processing Rate. Term of Agreement: This Agreement shall expire as to each of SWS and U WS on the expiration of its respective contract with the City of Ukiah, including extensions, subject to earlier termination, as follows. PRS, on the one hand, and either of SWS or Uws, on the other, shall be entitled to terminate this Agreement in the event of the other party's material breach hereof unless such breach is cured within thirty (30) days after written notice thereof. This Agreement shall terminate automatically as to any party in the event of such party's insolvency, bankruptcy, assignment for the benefit of creditors or other debt reorganization unless, in the case of bankruptcy, the petition is removed or withdrawn within thirty (30) days. 6. Type of Waste: PRS shall only accept, and SWS and UWS shall only be entitled to provide, Materials not containing any prohibited substances or hazardous waste. PRS shall be entitled to inspect the Materials and reject and/or return to SWS or UWS any Materials that are not in conformance with the standards set forth herein. Notice of rejection ofnon-conforming Materials shall be given in writing prior to the close of business on the day PRS receives such non- conforming Materials at the Facility. Failure to provide written notice in accordance with the Terms of the preceding sentence shall forfeit PRS's right to reject such non-conforming Materials. SWS or UWS shall bear all costs associated with inspecting, testing and rejecting any non- conforming Materials. Each party agrees to comply with all laws applicable to such party in [he performance of its duties hereunder. 7. Amount of Waste to be Delivered: S WS and UWS estimate that they will deliver an aggregate minimum of 30 tons per day and an aggregate maximum of 75 tons per day of Materials to the Facility. 8. Time of Delivery: SWS and UWS shall be entitled to deliver Materials to the Facility six (6) days a week, Monday thru Saturday during normal operating hours. 9. Attorney's Fees: If any litigation is commenced between PRS and SWS or PRS and UWS to collect any sums due under this Agreement, or concerning any provisions of this Agreement, the prevailing party in such litigation shall be entitled, in addition to such other relief deemed appropriate by the court, to reasonable attorney's fees and expenses incurred in connection with such litigation. 10. Binding Etfect: This Agreement shall be binding upon and inure to the benefit of the successors and assigns of SWS, UWS and PRS. 1 I . Confidentiality: Neither party shall disclose the Processing Rate to any person except with the express written permission of the other, which permission shall not be unreasonably withheld. Without limiting the generality of the foregoing, PRS shall agree to allow SWS or U WS to disclose the Processing Rate as may be reasonably requested or required by a franchisor under a franchise agreement. 12. Counterparts: This Agreement may be executed in counterparts, and shall be effective when fully executed by all of the parties. The parties agree to accept signatures transmitted by facsimile. 13. Third Party Beneficiary: The City of Ukiah is a third party beneficiary of this Agreement. Date: Pacific Recycling Solutions, Inc. By: David Carroll Date: Solid Waste Systems, Inc. By: John Shea Date: Ukiah Waste Solutions, Inc. By: John Shea Exhibit C Solid Waste Systems, loc. -Offer to Deliver Green Waste to Cold Creek Compost Solid Waste Systems, Ina("SWS") will deliver or arrange for the delivery of green waste to the Cold Creek Compost facility in Potter Valley ("CCC") in the following amounts and on the following terms: L Ukiah Waste Solutions, Inc. ("UWS"), a corporation under common ownership with SWS, will deliver an annual average of 200 Tons Per Month of Green Waste Material to CCC and agrees to pay a CCC gate fee not to exceed $32/ton. This material will be collected from the curbside in Ukiah and delivered directly to CCC. 2. SWS will deliver or arrange for the delivery of an additional annual average of 200 Tons Per Month of Green Waste Material to CCC, but will not pay any gate fee to CCC to accept this material. The source for this material is at the discretion of SWS. 3. The total average annual amount to be delivered to CCC under items 1 and 2 above is 400 tons/month. The actual tonnage delivered in any one month will be subject to seasonal variations affecting the amount of green waste available to SWS from its sources. 4. All of the green waste will be delivered to CCC by Transfer Vehicles un-ground but pre-sorted. 5. CCC must continue to accept sheet rock from SWS/UWS at no charge. Exhibit D RECYLABLE MATERIALS AGREEMENT [TRIMBER COVE] EXHIBIT A TYPES. STANDARDS & SPECIFICATIONS OF RECYCLABLE MATERIALS Material Specifications During the course of operations, any changes to the material specifications for any inbound commodity will be agreed to by both parties prior to introduction of the new commodity. Residential Materials Materials collected through curbside recycling include: glass bottles and jars, tin and aluminum cans, aluminum foil, plastic food and beverage containers (#1-#7) and milk and juice cartons, newspaper, OCC, magazines, junk mail, chipboard, white and office paper, and telephone books. Inbound materials may not contain more than 5% reject material. Commercial Materials Clean Corrugated Containers Consists of baled or loose corrugated containers having liners of either test liner, jute or kraft. Prohibitive materials ..............................................I Total Outthrows may not exceed ................................5°./0 Mixed Office Paper Consists office fiber waste including envelopes, files, file folders, white ledges color ledger, CPO, copy paper (coated or uncoated), brochures, forms and associated staples, clips, bindings and bands. Prohibitives include glass, food, shredded paper, restroom waste and hospital waste. Total outthrows may not exceed 5%. Page 5 EXHIBIT B PRICE SCHEDULE $25/ton P.O.B. Page 6 EXHIBIT D PROPRIETARI' AND CONFIDENTIAL INFORMATION RECYCLABLE MATERIALS AGREEMENT This RECYCLABLE MATERIALS AGREEMENT is entered into by and between Timber Cove Recycling, Inc. (`'Buyer') and Lake County Waste Solutions, Inc., Clearlake Waste Solutions, Inc., Ukiah Waste Solutions, Inc. and Solid Wastes Systems, Inc. (collectively, "Seller"). Seller and Buyer shall collectively be referred to herein as the "Parties." WLIEREAS, Seller and its affiliates are in the business of collecting and transporting solid waste and recyclable materials; and WHEREAS, Buyer wishes to purchase and Seller wishes to sell recyclable materials collected by Seller and its affiliates. i~OW, THEREFORE, in consideration of Che mutual covenants and promises contained herein, Seller and Buyer hereby agree as follows: 1. Recyclable Materials. During the term of this Agreement, Buyer agrees to purchase and Seller agrees to sell up to an aggregate maximum of ?0,000 tons per year of all of the type(s) of recyclable materials identified in Exhibit A attached hereto and incorporated herein collected by Seller or its affiliates within the California counties of Mendocino and Lake, including, without limitation, the California cities of Ukiah and Clearlake, or generated at Seller's Ukiah transfer station ("Recyclable Materials"). "fhe Recyclable Materials shall meet the standards and specifications set forth in Exhibit A or such other standards and specifications as shall be agreed upon in writing by Seller and Buyer. 2. Delivery; Inspection. Delivery of the Recyclable Materials shall be made from Seller to Buyer's facility located at 3417 Standish Avenue in Santa Rosa_ California and commonly know as the Materials Recycling Facility (the "MRF") in accordance with a schedule as agreed upon in advance by Buyer and Seller. Buyer shall be entitled to inspect the Recyclable Materials and, in accordance with this Section, shall have the right to reject and return to Seller any Recyclable Materials that are not in conformance with the standards and specifications set forth in Exhibit A. Notice of rejection of non-conforming Recyclable Materials shall be given by Buyer to Seller in writing prior to the close of business on the day Buyer receives such non- conforming Recyclable Materials. Failure to provide written notice in accordance with the terms of the preceding sentence shall forfeit Buyers right to reject non-conforming Recyclable Materials. Buyer shall not be obligated to pay the purchase price for non-conforming Recyclable Materials that are rejected in accordance with this Section but shall bear all costs associated with inspecting, testing and rejecting any non-conforming Recyclable Materials. 3. Pricing;_Payment Buyer shall pay Seller the price per ton set forth in Exhibit B attached hereto and incorporated herein for each type of Recyclable Materials that is received and not rejected by Buyer in accordance with Section 2. The Recyclable Materials shall be weighed at Seller's or Buyer's facility, as agreed by the parties, and proof of weight shall be provided to Seller. Seller shall, on a monthly basis, transmit an invoice to Buyer showing the Page 1 types and number of tons of Recyclable Materials received by Buyer hereunder during the preceding month and the total amount due therefor. Buyer shall remit to Seller the full amount due no later than the fifteenth (15th) day of the month following the month in which Recyclable Materials were received by [3uyer. Each late payment shall be subject to a late fee of one and one-half percent (1-1 /2%) and shall bear interest at the higher of 10% per annum or the highest rate permitted by applicable law until paid in full. 4. Term: Default; Termination. 4.1 Subject to Section 9 below, the term of this Agreement shall be for a period commencing on the last date set forth on the signature page hereof and ending on the later of December 31, 2020 or the expiration date of the longest franchise or operating agreement of Seller or any of its affiliates (including any extensions thereof) pursuant to whidi Seller or such affiliate delivers Recyclable Materials to Buyer. 4? If at any time either Party determines or becomes aware that the other Party is in default under or has breached any of the terms of this Agreement, the non-defaulting Party shall provide written notice to the other Party as to the nature of such default. If the defaulting Party fails to make any payment due hereunder within five (5) days, and/or fails to cure any default in the performance of any other obligation under this Agreement within thirty (30) days, after receipt of such written notice, the non-defaulting Party shall have the right to terminate this Agreement upon giving written notice; provided, however, that, other than for failure to make any payment hereunder, in the event the defaulting party shows cause why it should be entitled to reasonable additional time to cure a default, the non-defaulting Party shall allow such reasonable additional time to cure. 5. Representations and Warranties. In performing this Agreement, each of the Parties shall fully comply with all applicable federal, state and local laws, ordinances, decisions, orders, rules or regulations. Each of the Parties shall. and shall cause any carrier with which it contracts to, handle and transport the Recyclable Materials in a safe and workmanlike manner and all of the Parties' driver personnel and any carrier with which the Parties contract are. and shall at all times relevant to the performance of this Agreement remain, properly licensed and otherwise fully qualified to perform the services required hereunder. By the commencement date of this Agreement and throughout the term of this Agreement and any extension thereof, each Party shall be duly licensed, permitted and authorized pursuant to all applicable federal, state and local laws to handle and transport the Recyclable Materials and each Party's facility or facilities will have been issued all licenses, permits and authorizations required by all applicable federal, state and local laws to handle Recyclable Materials. 6. Indemnification. Each Party hereto (the °Indemnitor") hereby agrees to indemnify, hold harmless and defend the other Party, and its owners, officers, directors, employees and agents (collectively, the "Indemnitees"), from and against any and all liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, judgments and costs and expenses incidental thereto, including reasonable attorneys' fees (collectively, "Damages"), which any or all of the Indemnitees may hereafter suffer, incur, be responsible for or pay out as a result of personal injuries, property damage, or contamination of or adverse effects on the Page 2 environment, to the extent directly or indirectly caused by, or arising from or in connection with the breach of any representations and warranties set forth in this Agreement of, the Indemnitor. or any negligent or intentional actions or omissions or willful misconduct of the Indemnitor, its employees_ officers, owners, directors or agents in the performance of this Agreement or the transportation, handling or disposition of the Recyclable Materials by the Indemnitor, its employees or subcontractors. Such indemnity shall be limited to exclude Damages to the extent they arise as a result of any negligent or intentional actions or omissions or willful misconduct of the Indemnitees or their employees, officers, owners, directors or agents. ]f any claims indemnified against under this paragraph have the potential far coverage under any insurance, then the indemnities set forth in this Agreement shall apply only to the extent the amount of any indemnified claim exceeds all amounts collected under any insurance covering such claim. Before pursuing recovery under this indemnity, the Indemnitees shall exhaust all recovery available for such claim from insurance. 7. Insurance. Each of the Parties shall obtain and maintain during the term of this Agreement commercial general liability insurance which conforms to the industry standard for the services being performed by each hereunder and workers' compensation insurance that complies with applicable state statutory requirements. 8. Assi ng ment. This Agreement shall be binding upon the successors and assigns of the Parties hereto: provided, that no assignment of this Agreement shall be binding upon the other Party without the other Party's consent, which consent shall not be wveasonably withheld or delayed; and provided further, that no assignment shall be valid and binding which endeavors to relieve the assigning Party of any obligations to make payments hereunder which accrued prior to the date of assignment or in which the assignee does not affirmatively agree, in writing, to assume all obligations of the assignor under this Agreement. 9. Force Maieure. Except for the obligation to pay for Recyclable Materials received by Buyer, the performance of this Agreement may be suspended to the extent that and for so long as either Party's obligations hereunder are delayed or hindered by a cause or causes beyond the reasonable control of such Party. Such causes shall include, but not be limited to, acts of God, landslides, lightning. forest fires, storms, floods, freezing, earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots. breakage, explosions, or other similar causes. The parties further acknowledge that (a) the cities and counties served by Seller and its affiliates may have the right to direct Recyclable Materials to a facility other than the MRF and Seller and such affiliates shall not be under any obligation to deliver to the MRP or sell to Buyer hereunder Recyclable Materials so directed to another facility; and (b) Seller and its affiliates are in the process of creating their own materials recovery facility and shall be under no obligation to continue to deliver to the MRF or sell to Buyer hereunder Recyclable Materials that can be accepted at such new facility. 10. General Provisions. (a) No waiver by either Party of any one or more defaults or breaches by the other in the performance of this Agreement shall operate or be construed as a waiver of any Page 3 00/13J2007 17:18 707-Sd6-1360 lAW l~F1fES PAGE 05/07 defaults ar breache~ whether of a lt7re or drfferem c ttarseter. If any provision of this Agreement is declared invalid ~r lme~nfvrceable, thee such portion shall be deemed to be sevraabie fmm this Agttxment ands .not affect the n~nlainder hereof (b)~s Agreement and alt Exlnbits hereto represent the entire wrderstaading between the Parti and na representations, slatemeats ar' agteemmts, tmless agreed to by the Parties in writing, i modify,~change, amend or otherwise affect the obligations tmdertakem is this Agreement. This Agtt~ment may only be amended by a writterr agreement executed by Sel]er and J3uyer. ~ (c) pll notices under this Agreement shall be is writing and shall ba effective if delivered personall ar sent by certified maz7, postage prepaid, ar by overnight cagier or confirmed facsimile m the addresses set forth tm the sigaattae page hereto or to such other address as either Party shalt specify by written notice so given. Any notice seat by mail shall be deemed given and r~ceived titres (3) busitress days efts the date deposited in the mail. Any notice given by nal delivery or cant by overnight cauia ar confirmed facsimile shall be deemed given upon eipt. (d) '~'he validity, intaptetation and performance of this Agreement shall be g+ovemed and m acootdaace with the internal laws of the state of California, irrespective of chf law principles, and applicable federal laws and regulatiems. EXECUTED sad effective as of the latest date set forth below." Timber Cove Ttecyc~ing, Inc. C&S Waste Solutions -Uldab Transfer, Inc. .. ' ~ ~.~i'j'YNi' ld ~: Daze: d' - ~ 3 - +~ ~~ Address for receipt b f notices: I t I *or an the date Exhibit I. bate- a ' ~ i °' Address for receipt of notices: for the Stock and Asset Prachase Agreement to w1deL this agreement is RECYC[.AatE MATERW.~AQRpF1yFXr.Final Page 4 ~z trl 1~:.1 USER April 15, 2008 Ukiah City Council Ukiah City Hall 300 Seminary Avenue Ukiah, CA 95423 To the members of the Ukiah City Council: This letter is to voice our support of the waste franchise transfer to Ukiah Waste Solution [nc. /Solid Waste Solution Inc. These companies are the first we have ever seen come to Ukiah with a holistic plan to manage the waste stream generated here. There are very optimistic guidelines set forward by the state for diversion and Ukiah/Solid waste have the tools in place to do the job well for the foreseeable future. In their business dealings with us they have shown meat interest in recapturing and reusing any material that can have a second life. Ukiah/Solid waste have put forward a huge investment into a top notch, centrally located facility along with investments into industry leading processing equipment. These assets give them the ability to manufacture a marketable product, located where their customers can get to it. Our company was started 30 years ago to handle wood residuals from sawmill operations. We began taking material that had been destined for landfills and diverted them into the nursery and landscape market. We are recobmized leaders in our business for our environmental accomplishments as well as our on going efforts to reduce our carbon footprint as well. We have installed nearly 150,000 square feet of indoor processing, storage, and distribution space. We are converting our power equipment to electric where possible and our entire fleet runs on biodiesel. Many of the materials that will be generated by Ukiah/Solid Waste Solutions will find there way to our markets. We have worked for the last 30 years to generate a market that can support these materiels. In the last year we marketed and sold 2700 yards of compost and well over 15.000 yards of ground cover into the landscape market. Both of these products are based on wood/~een waste products. While they are a very small part of our husiness their demand is growing quickly. C~L~CJA W 370 Santana Drive • Cloverdale, California 95425 707/431-1111 • FAX 707/894-2916 Reuser,lnc Page 2 4/15/2008 We feel comfortable, for the first time, there is a waste handler who is willing to work with local businesses that aze willing to work with them. This will end up with the people of Ukiah having the best chance they have ever had to reach the goals we all shaze which aze less waste going to the landfill, more being recycled. Ukiah Waste Solutions and Solid Waste Solutions have made the commitment to help our area meet those goals and we encourage you strongly to approve this transfer. Sincerely, Merle Reuser Reuser, Inc. MR/dsr ITEM NO. 101 DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF A REVISED CONSENT TO SALE [TRANSFER STATION CONTRACT] AND A REVISED ASSIGNMENT AND CONSENT [WASTE COLLECTION CONTRACT] This matter is continued from the previous meeting and additional information will be provided at or prior to the upcoming meeting. Please refer to material provided on the prior Council agenda of April 2, 2008 for background material up to that meeting. Continued on Page 2 RECOMMENDED ACTION: Approve revised agreements, when presented to the City Council. ALTERNATIVE COUNCIL POLICY OPTIONS: Refuse to approve revised agreements or direct the subcommittee and staff to negotiate different terms Citizen Advised: Requested by: David Carroll, John Shea and Bruce McCracken Prepared by: David J. Rapport, City Attorney Coordinated with: Mayor Douglas Crane; Council member John McCowen Attachments: --_, ~_ APPROVED: l{_ Pat Thompson, Interim City Manager pl%ptd. GA f F~ 1 ~ `d' 693 t t~: 1NG.' PO 6'JX 910. ~ pAau 'aitilnlG GO ~ p0 v ~ p A ~, n O ~. ~ , .. ~. i O ~ ~' ,... .1 .} ~ ~_ vmcyi> ,~ r rn v m -o w --~ 0 -a r _- _ . _ 1 f /"/f 111 /11. /7~ ~ c;, S Western M Manufactured Housing Communities Assoc,a?ion April 10, 2008 Hon. City Council City of Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Mayor & Councilmembers: The Western Manufactured Housing Communities Association (WMA) is a non-profit trade association representing the owners and operators of manufactured home communities and mobilehome parks throughout the state of California. Founded in 1945, WMA is one of the oldest, largest and most respected associations of its kind in the United States. It has come to our attentron that your Council will take up the matter of rent control at your April 16`" meeting. This is a very serious action. WMA and its member communities in Ukiah are firmly opposed to the City adopting a rent control ordinance. Rent control is a highly controversial and complex private property regulation that dramatically affects mobilehome community owners, residents, citizens and taxpayers. In the last two years- after carefully listening to all sides -these eleven Northern California jurisdictions chose not to move forward with rent control: Antioch, Ceres, Citrus Heights, Lathrop, San Joaquin County, South Lake Tahoe, Stanislaus County, Susanville, West Sacramento, Yolo County and Yuba County. AI{ cited the extraordinary wst (Citrus Heights alone estimated costs of more than $200,000 a year; without litigation) of administering and defending a rent control ordinance and the lack of a legal cause or findings that would justify such a regulation. Rent centrol measures placed on the ballot in Sacramento County and Amador County have also gone soundly down to defeat in years past. In recent cases, both at the state and federal levels the courts have placed a heavier burden on local jurisdictions to enact rent corrtrol. Studies are required to determine the legal, objective need for rent control and the regulation must have clearly defined objectives. Has the City conducted such a study? Northern California Regional Office 1667 Columbus Road ~ West Sacramento. CA 95691 phone 916.374.2702 fax 916.374.2703 email rtlj2003rFi~sbcglobaLnet I web www.evma.org ____ _:Ji.~~. <_ In January, the U.S. District Court in San Francisco - in a 8(1-page decision written by Judge Vaughn Walker -found the City of San Rafael's rent control ordinance unconstitutional. The epic, detailed ruling culminated years of litigation and cost the taxpayers of San Rafael and the owners of Contempo Marin Mobilehome Community many, many millions of dollars. It is not known whether or not the City of San Rafael will appeal the decision to the U.S. Nimh Circuit Court of Appeals. WMA and our Ukiah community owners would like to assist the City in identifying and implementing effective ahernatives to rent control. We hope you will invite us to the table and intlude us in the discussion. We look forward to hearing from you on this very important matter. Respectfully, DOUG JOH Regional Representative Government & Public Affairs cc: Interim City Manager City Clerk Ukiah Mobilehome Community Owners ~~,cti1 r~111,U: ~td'~-5LR2L~'11,1,"C CL,tin ~O'?.'I_'.iL". ~;;~ (r~, ~' , r I ~,~.I-,I', L. 4 uhle°t: ~ >: 'hodr•.ta Bee acr, Data: 4Jn. :11 Mnr .!60tl 11 IS.'i3 -UIUt) From: 'LvgY ne, n8rie- n1r„1u ;[:' ~'. ~]Iy~nUCi0t~7u~]Ef,at orrn. T°: ;ch.~rmu eai•HUgloba^.i~.rr %~ i~ The M~de~to Deliver ~ Lmail ~ Publish Library. Modesto Text 2003-2008 1,~~;~;~-,vin. ~'U~ -~ , Print - Cos~r .'V ndow Bee Document Search ~'Cext Search ~ Logout NJOrd Count 816 Headline LEAVING IS LAST OPTION Py9L'HILE NOME CAN'T BE MOVED, SOLD; RENT TOO HIGH /MBHERM/IMAGES/PHOTOS/1 /5/2/200 70 7 1 0//1 0 81 MOVE. EPS Origin BY TIM'4tGf~AN, BEE STAFF WRITER Day WEDNESDAY Publication Date 1/10/2007 Section LOCAL NEWS Page 61 Edition ALL Type Memo Corrections Dateline Body Text W hen the rent in her .r bile tx;me park began rising rapidly, Jan Busby helped found Stanislaus Mobilehome Owners Advocates to seek a countywide solution. She soldiered on when she was diagnosed with cancer, working wRh the group when radiation treatments and surgery recovery time allowed. Now Busby is losing her ;,o,x,e. A resident of Momingside ?!!or;,!e +;nrna Park on Claribel Road north of Modesto ,Busby said she has seen her rent increase by more than $200 a month since 2003. The 69-year-old said she has $290 a month from her Social Security check after paying $495 for rent, water and septic services at the park. What's left has to cover food, utilities, car insurance, clothes and other expenses, she said. RT Enterprises, which operates Momingside, did not return phone calls Tuesday. "I can't afford to run my air conditioning. WRh the rent increases, it's just unbearable. 1 can't stay;' Busby said. "I can't do it no more." http://us.f825.maiLyahoo.com/ym/ShowLetter?box=%40B%4OBulk&Msgld=5402_1305... 03/31 /2008 Busby is w+3lkiny away fr~orn her modest, single-wide trailer because no one will buy it Moving the is ditficult because it costs several thousand dollars, and most parks in the county won't accept older trailers. Ii the space rent is high, trailers are difficult to sell. Stanislaus Mobilehome Owners Advocates and others brought the problem to the attention of local officials during the past year. The group says large rent increases at several parks around the county were forcing senior citizens on fixed incomes from their homes. County and city officials who have been meeting to find a solution are considering a park rent control ordinance. An ordinance proposal will need the approval of the county Board of Supervisors and the city councils. That will come too late for Busby. KEEPING THE HEAT OFF THE SAVE MONEY Busby hasn't been running her furnace this winter. She wears warm clothes to compensate. An anonymous donor sent her a new, energy efficient space heater, and she sleeps in an easy chair beside it. Sleeping in the chair helps ease the pain of her osteoporosis, Busby said. She said she will leave at the end of this month to live with her son in Fallon ,Nev. "I'm not too happy about it, but I have no choice. I swore I would never live with my kids;' she said. Her son and daughter have their own families and problems to deal with, Busby said. Busby spent most of her life in San Jose ,growing up and raising a family there. She divorced 35 years ago and never remarried. She had a variety of jobs, including work for a telephone company and an aerospace company, tending bar and waitressing. Apartment rents were expensive in San Jose , so when Busby retired eight years ago, she moved to Stanislaus County , to the Morningside park. The used trailer cost her $4,000. Busby remodeled the kitchen, bought a new heater and settled in. The rent was $245 a month. She applied for jobs to make ends meet. But no one wanted to hire a 61-year-old woman, she said. Finally the Area Agency on Aging got her a job as a ~ : -- care worker. Busby worked three hours a day and did fine until her osteoporosis got worse. She couldn't lift the 95- year-old woman she was caring for and had to retire again to Social Security. Busby said she still could make ends meet. Lance Ellis owned Morningside, and rent increases were a modest $10 or $15 every other year. Then the park was sold to RT Enterprises of Modesto in 2003. Rents rose rapidly, Busby and other group members say. Successive increases of $60, $60 and $65 left many residents scraping to get along, and some were Losing their homes, said Sally Studer, another group organizer. CAN'T FIX WHATS WRONG WITH _~.~~. ~_ ~ --.: Busby admRs that her couldn't pass an inspection, because the deck needs work and the heater doesn't work property. She said she doesn't have the money to fix them. Her last radiation treatment was in November, and her cancer is in remission, Busby said. But she is scheduled for more radiation treatment in June and will have to find doctors in Nevada . Medical has covered her treatment costs, Busby said, but other expenses have been overwhelmed by the rent payments. http://us.f825.mail.yahoo.com/ym/ShowLetter?box=%40B%40Bulk&Msgld=5402_1305... 03/31 /2008 t1'. h,l LL'10~'; bt'li-iC!.'J^'ll rC 6(.~:~.~ W:°.~'"'C ~. "I?'s real tough. I cut down a lot of stuff. You have to cut down. I can't tell you the last time I bought a brand new pair of shoes," she said. Leaving her trailer, the plants she nurtured and the friends she made will be difficult, Busby said. "This was supposed to be my last place before I died. We shouldn't have to do this at our age. The park owners don't have any compassion. I hope they don't have to go through it someday " Bee staff writer Tim can be reached at 578-2349 or tmoran@modbee.com. illus?rarion PHOTOS (2) Grz.pr~ir. 1'~^r.t (DEBBIE NODA /THE BEE) owner Jan Busby, 69, can't afford her rent anymore, so she is leaving it to live with her son in Nevada . 'I'm not too happy about it, but 1 have no choice,' Busby said as she packed. She plans to be out of Momingside , _: Park by the end of the month. modbee Prev Page Portions of this dowment were generated by MediaServer VVBAMaproduct of II1C Sult«f1rC ~~u11Slt'llctlUll ~~Olil )7;; I1) Dave Lyghtle Assistant managing editor The Modesto Bee 209.578-2315 Jlyghtle@modbee com http://us.f825.mail.yahoo.com/ym/ShowLetter?box=%40B%40Bulk&MsgId=5402_1305... 03/31 /2008 ~ i ~~ , t a~u~o: v~a.~t - ~c^a,l, ~n,,, u,t <<,~,~nai.ncr. Subject: !r:rrt inc::!r•rc: eee d:r~ Data: '•lan 31 Mdr JpOH lt. l6 -i4 0700 Frump ~. yQYI~E, t)ii ~rH - IN Ud fYdO" 71yyl Alf"Ip (~G:7e1CP'.. U)T.• T°: ;Cfld(~tIDrt9t-~.000IUptl nci _ c~; . Print ~ Cloa:~ '.'Uind:w a'1 Thy M~de~~~ Bye Deliver ~ Email ~ Publish Library-. Modesto Text 20032006 Document Search ~ Text Search ~ Logout 'Nord Cunt B45 Headline COUNTY MOVING ON RENT CONTROLS '~tlr,Bli_E i~4 c>twlr PARK REPRESENTATIVES CALL IT RUINOUS TO INDUSTRY Origin BY TIM "AORAN, BEE STAFF WRITER Day THURSDAY Publication Date 1/18/2007 Section LOCAL NEWS Page 61 Edition ALL Type Memo Corrections Dateline Body Text 'J!rbile f7ome park representatives pleaded to head off arent-control ordinance in Stanislaus County , but members of a committee studying the problem said they had no aRemative. The group of county and city representatives has been meeting since Juty to find a solution to rapidty rising rm,d-;sie noiae park rents that are pushing low-income people and senior citizens on fixed incomes out of their ~r,m^s. Attorneys for the county and several cities are recommending a rent control ordinance similar to one proposed in Citrus Heights . The ordinance would allow rent increases equal to the consumer price index, up to a 6 percent ceiling, and would set up a hearing process if a park owner felt profits were too low. Rents could rise 10 percent when a r_,i,;le '~ a,ee is sold, and the cost of capital improvements could be passed along to residents if a majority of them approved. '!a. r;>~ - : ~ , ~ park owners Tuesday said such an ordinance would be a disaster for responsible owners who haven't been pushing up rents. 'This hurts every owner," said Geri Nave of Pacific Diversified, which owns small parks in Ceres and Modesto . http://us.f825.mail.yahoo.com/ym/ShowLetter?box=%40B%40Bulk&MsgId=5465_ 1650... 03/3 I /2008 ~A1cti! 1d `JJV_ ~, •.-~C't2. '.i'_'C Cl iL `:?U.1. t'C'. _. A rent-wntrol ordinance drops the value of a park by 10 percent immediately and by 25 percent ever the life of the ordinance, Nave said. Most of the county's parks charge rents below market rates, said R. Douglas Johnson of the'JVestern Manufactured Housing Communities Association. A rent ordinance would force them to raise rents to market value, he said. The county will pay hundreds of thousands of dollars in legal fees to defend the ordinance, Johnson said. Citrus Heights incurred those costs and wound up not approving the ordinance that was developed, he said. Committee members said that they hate the idea of a rent control ordinance, but see no alternative. The committee blames one company, Equity Lifestyle Properties of Chicago, for steep rent hikes. But a group of .. park residents pushing for rent control say several other parks in the county also are pushing rents up quickly. The result is that elderty and low-income people, many with medical problems, are being forced out of d-: _ ,committee members said. "I don't like dealing with this topic," said county Supervisor Jim DeMartini. "But I talked to a 70-year-old woman last week -- she had $1,100 to live on, and her rent was $700. It had doubted in the last year. I really feel for these people --they are old, retired, poor and lot of them are sick. We really have a problem, especially with the elderly being abused and victimized." "Everyone in the room would like an alternative," Supervisor Bill O'Brien said. "But we can't see seniors kicked out on the roadside anymore." Johnson suggested long-term leases as a solution, but Ceres City Councilman Ken Lane said his city tried that with Equity Lifestyle Properties and found the leases had problems. Leases took state-mandated rights from residents, and residents weren't allowed to study the documents before signing, committee members said. 'THIS IS A DESPERATE SITUATION' William C. Schweinfurth, who manages Friendly Village in Modesto ,said his park subsidizes tenants who are below the poverty rate, and suggested that the cities and county could do the same. Modesto City Councilman Will O'Bryant said the committee will study the county's .... ;rents over the past few years. The responsible parks won't be hurt too much by the ordinance, he said, because their rent increases already are close to the consumer price index. ~, rent control is gaining popularity throughout the state, he added. "The citizens of the city, the county and the state are not going to let local govemment put 80-year-old people out on the street," O'Bryant said. "This is a desperate situation. These people are going to be homeless -- mothers, grandmothers. This just can't be allowed to happen." Nave said she subsidized some widows now, but would stop 'rf a rent control ordinance is approved. "Those will be gone; I can't do subsidies and rent control," she said. LAW WOULD HAVE SUNSET CLAUSE Ceres Mayor Anthony Cannella called the statement a threat. "You have to live with yourself if you want to cut subsidies to widows," he said. Deborah Howard, government affairs director of the Central Valley Association of Realtors, suggested using government redevelopment money to form a co-op where residents shared ownership of the park. That suggestion comes too late, committee members said. The committee has been meeting for six months and wants to get something in place. http://us. f825. mail.yahoo.com/ym/ShowLetter?box=%40B%40Bulk& MsgId=5465_ 1650... 03/31 /2008 V I tom'. Y cL IUU'. ~ldll ~r,'!d:1 r7~1P rr„ ti.~:4'_,'.U `?0.'.I1C'. "We didn't s4ui. with rent control; we ended up with it," DeMartini said. ~ ~ n_ - The proposed ordinance would have a sunset clause after five years and an annual review to make sure it is working, committee members said. The committee is close to a f nal draft that will be sent to the city councils and the Board of Supervisors. Bee staff writer Tim can be reached at 578-2349 or tmoran@modbee.com. For past coverage of the rent-control issue and , go online to www. modbee. com/reports/mobilehome. Illuetr~ti~n GrapFnr, T~rtt Keywords modbee Prev Page Portions of this document were generated by MadiaServer WBAMaproducl of i~~1C SultN HrC (~r~tl ~t l'LICUOII (~i x!11 ii.; Ili Dave Lyghtle Assistant managing editor The Modesto Bee 209.578-2315 ilyghtlea^_,modbee com http://us.f825.mail.yahoo.com/yrn/ShowLetter?box=%40B%40Bulk&MsgId=5465_1650... 03/31 /2008 1 '. Ct '. Y ill Ulf: _bl~l (- SC Y'.H r117U,fC'. G',S ~r ~'.p h~l~_Pe`_ S u4~laet: ',u '.h NI .,1Hdtl 6ae ".!s, ~i Oatn: 'nor it "1>_r i00H 7.2: J.?? 070v Fume r<I "'tle, ['1?v.; . 14.-,d+~,,p" .,1 '/yttl ~e'.d4G7L'pp.r.Um . To: ..~„canv~~ tn5bcgiantd.n tt ~'A~C ~. ll` i Print ~ Close',Undcw ~,~~ .~ Thy Msd~~tr~ Bye lleliver ~ L~:mail ~ Publish Library-. Modesto Tex+. 2D03-2008 Document Search ~ Text Search ~ Logout Word Count. 822 Headline COALITION TARGETS P+tt=~B~i_E '*C~E PARKS GROUPS: RESIDENTS NEED LAWS TO COMBAT SKYROCKETING RENTS Origin BY TIM R?IC 2AN, BEE STAFF WRITER Day FRIDAY Publication Date 1/26/2007 Section LOCAL NEWS Page B2 Edition ALL Type Memo For past coverage of =~;cT .Sa ;;o,r; ~ park rent increases, go to WWw.modbee.conVreports/mobilehome. Corrections Dateline Body Text A coalition of mo?;Ete ;;~;,ne owners groups and other organizations is lobbying state legislators to stiffen laws governing +nob;le hc,i,e parks. The group incudes Neighborhood Friends, the Golden State Manufactured Home Owners League and the California Mobilehome Resource and Action Association. The Califomia NAACP also is involved, according to Rs legislative advocate, James Sweeney. Across the state, some ,n;,bite ?~on+q park owners have increased rents rapidly, forting residents on fixed incomes to sell or walk away from their r „~ ~~; _. The group is advocating a range of legislation that includes: ' Prosecuting financial swindles or scams against senior citizens under criminal law rather than civil law. Forcing seniors from their ; -,.1,, ~., >„_ , ;with unreasonable rent increases would fall under the proposal. ' Designating manufactured .,r.r•rrs as affordable housing under Regional Housing Needs Assessment laws. The designation would preserve the housing for 30 years and make residents eligible for tax credits and housing subsidies, according to Glenn Bell of Sylmar-based Neighborhood Friends. 'Criminally prosecuting businesses that repeatedly violate the Califomia Business and Professions http://us. f825.mail.yahoo.com/ym/ShowLetter?box=%40B%40Bulk&MsgId=5500_ 1845... 03/31 /2008 :ode. Businesses would be rated from A to F, and those with more than five complaints of damage or njcry in a 30-day period cr 40 c;amplaints in a year would be subject to prosecution. ' Protecting cities and counties frorn Lawsuits stemming from actions such as rent control ordinances. `Allowing park residents to opt out of forced condominium cenversions. ' Making it more difficult for seniors~~only parks to convert to all-age parks. Bell said the proposals are designed to prevent large corporations owning parks from ignoring state laws and using lawsuits to intimidate municipalities that pass rent control ordinances. STANISLAUS, CITIES CONSIDER RENT CONTROL Stanislaus County's city and county officials are considering a rent control ordinance for parks, inGUding acost-sharing formula to defend against such lawsuits. Belt said other municipalities have rescinded rent control measures after expensive litigation -not because they were losing, but because they no longer could afford to defend endless appeals. The coalition has met with state Sen. Alex Padilla, D-Pacoima, and Assemblywoman Sally Lieber, D- San Jose. Bill Maybie, chief of staff for Padilla, said the senator's office is preparing a bill to address some concerns the coalition raised. "Our remedy may not be the exact remedy they are pursuing," he added. The Padilla bill would address the kinds of costs ~ot~'.',• park owners can pass along to residents, Maybie said. Details of the bill are being worked out, he said. CONDO-CONVERSION LEGISLATION PLANNED Lieber said she would be supporting a bill to establish minimum standards for converting . ,, parks to a condominium format. The tactic lifts rent control laws and is threatening to .:,, .... :, resideMS, she said. "It really terrifies senior ~•.~ ~sn;+ owners in particular," Lieber said. "It's nearly impossible to relocate to another _> _; r. _ ,: , park. They experience a loss of equity in their ,and for a lot of seniors, that's the sum total of their life savings" On the other proposals, Lieber wm- mented, "They raise some good issues. We have to settle on just a few priorities." .park owners have contended that the problems stem from a couple of large corporations, and that most park owners maintain reasonable rents. Rent control and other laws aimed at the few problem companies punish the entire industry, they argue. "We are just becoming aware of this new group;' said R. Douglas Johnson, regional representative for government and public affairs for the Western Manufactured Housing Communities Association. "If ultimately they develop legislation harmful to our industry, the WMA will vigorously defend against it," Johnson said. Sweeney, the California NAACP's legislative advocate, said the civil rights group hasn't endorsed any legislation because specific bills have not been written. "Are we interested? Yes. Are we attending the meetings? Yes. Do we think there is abuse? Yes," Sweeney said. "People on fixed income, the frail, the el- dedy, people of color, inhabit We want to make sure people are treated fairly and within the law." AARP KEEPING AN EYE ON ISSUE http://us. f825.mail.yahoo.com/yrn/ShowLetter?box=%40B%40Bulk&MsgId=S 500_ 1845... 03/31 /2008 ti _. . ~,: _ , -,t. __ . . 'agc _~ o _ The California branch of HARP also is watching the coalition, said Charles Mason, associate state director for advocacy. "We are very interested in the issue -more than half of owners are over 50," Mason said. "We are interested in seeing some kind of reforms," he said, but added that AARP is not endorsing the coalition's proposals. "We will most likely be a part of the coalition if they come up with something we can support," Mason said. "We want to make sure we look at the proposals thoroughly." Bell said some legislative staffers have told him they are unaware of the issue, despite numerous newspaper articles about ~ ~ park problems. Bell urged residents to write local legislators to make them aware of the problems. Bee staff writer Tim can be reached at 57&2349 or tmoran~modbee.com Illustration Graphic 7exY modbee Prev Page PoAions of Mis document were generated try MediaServer NBAMaproduQ Of i~lc SUIht:AIC (~i~nalrUCttUn C ~~Ilt~~al:) Dave Lyghtle Assistant managing editor The Modesto Bee 209.578-2315 diyghtle@modbee com http://us.f825.mail.yahoo.com/ym/ShowLetter?box=%40B%40Bulk&MsgId=5500_1845... 03/31 /2008 ITEM NO: lla MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND DIRECTION REGARDING THE DEVELOPMENT OF A MOBILE HOME RENT STABILIZATION PROGRAM AND ORDINANCE Background: In early March 2008, mobilehome owners from Rancho Del Rey Senior Mobilehome Park in the City of Ukiah, under the auspices of a group called Senior Mobilehome Owners Task Force, prepared a request to the Ukiah City Council recommending the adoption of a senior mobilehome park rent stabilization ordinance. The packet of background material was given to Council Members McCowen and Thomas. At a subsequent city council meeting, the two council members informed the City Council of the tenant's request and indicated an interest in meeting with the City Manager to discuss the matter of a rent stabilization ordinance under Council Comments. A meeting was held to discuss the matter and also the concerns raised in the material provided by the residents of Rancho Del Rey. It was determined that the City Manager would first attempt to reach the new park owner, RT Enterprises of Modesto, to determine the reason for the recent rent increase and to see what their future rent increases might entail. It took three weeks for a response from the park owner's representative. It was learned that the 2008 space rent increase was related to three factors: the increase in property taxes after purchasing the park in 2007 (from $16,000 per year to $60,000 per year for the new owner), the belief that there had been no increase in two years leading up to the purchase, and the pass through of garbage fees. The total increase was $51 per month including the refuse fee of $11, which had previously been part of the space rent. The new per space rent per month was now $395, an increase, according to the tenants of 14.8%. Consumer Price Index for the same year was noted at 2.6%. The representative of the park owner indicated that future increases would be only once per year and Continued on page 2 RECOMMENDED ACTION: That the Mayor and Council discuss the matter of Mobilehome Rent Stabilization and direct staff on how to proceed in regard to the request made by the Senior Mobilehome Owners Task Force. ALTERNATIVE COUNCIL OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Approvet+:- - Ordinance City of Concord, Attach. B Ordinance City of Windsor, Attach. C Windsor's lower rent increase settlement, Attach. D Mobilhome Park Owners, Tenants Council Members John McCowen and Benj Thomas Pat Thompson David Rapport Rancho del Ray Mobilehomeowners space rent increases, Attach. A Patricia Thompson, Interim City Manager up to $20 per month although there was no written statement of intent requested by the City at the time of the phone conversation. No independent analysis has been made of the financial documentation of space rent increases provided by the Rancho del Rey mobilehomeowners included as Attachment A to this staff report. However, it is characteristic of problems cited in other communities where space rents have escalated creating a hardship on seniors. In this case, it should be noted that a property sale took place generating a portion of the somewhat large increase. It may also be true that increases in other Ukiah mobile home parks have been modest or in line with annual cost of living increases. There are typically low vacancy rates in mobile home parks, the homes are not easily moved, and many tenants are on low and very low fixed incomes. The option to move to another location within the same community is typically infeasible. Numerous communities throughout California have implemented rent stabilization ordinances. The nature of how they operate are somewhat similar in that they typically restrict rent increases to once per year after formulating a base year rent, and allow for exceptions due to capital expenses, increases in taxes, and other utility pass- through costs and government mandated expenses. In addition there is a requirement in such ordinances for administrative fees to be assessed against the park owner (with 50% in most cases to be passed through to the home owners) to pay for the cost of the program. In addition to ordinances from the City of Santa Rosa and Tuolumne County provided as part of Attachment A, staff has further provided copies of Ordinances from the cities of Concord (Attachment B) and Windsor (Attachment C). The Press Democrat recently ran an article on a negotiated settlement for a lower rent increase in Windsor (Attachment D), which came about as part of the purchase of a 336-unit senior citizens park by a new non-profit corporation that was using Tax Exempt Bonds. This case did not appear to follow the Windsor rent stabilization ordinance. It is, however, illustrative of the ongoing efforts by tenants to work on solutions to proposed rate increases. Analysis: The development and implementation of a mobile home park rent stabilization ordinance is generally initiated by a city following a study of the issues involved leading up to a request for an ordinance, including the number of park spaces, vacancy rates and rents. Most of the ordinances provided herein contain the specific reasons or "findings" as a prelude to the adoption of each ordinance. The methods and criteria for cities to follow in establishing permitted maximum rents are set forth in state law (see Mobilehome Residency Law contained in Attachment A, specifically Article 4.5 Rent Control). Forms and criteria for establishing fair rates of return in each city vary and should be prepared by qualified individuals. Notices and petitions for increases by the park owners and petitions for rent decreases by mobilehome owners must also be developed along with a process of notification to each party, and a methodology for deeming each application complete and eligible to proceed. In some larger cities, these functions are assigned to the city's Housing and Community Development Department where there is sufficient qualified staff who deal with housing and rent issues on an ongoing basis. In other cities, the Clerk or City Manager orhis/her designee is given the task of arranging for an in-depth review of materials provided by the opposing parties, meeting and advising tenants and managing the hearing process including the hiring of an arbitrator or convening the Hearing Board. Some cities encourage a meeting between the parties before a formal rent review hearing takes place. Others offer mediators for this preliminary process. For the final hearing, some cities use a council appointed Citizen Hearing Board. Several appear to avoid a citizen panel and require professional arbitrators with backgrounds in law, hold a CPA, are a member of the American Arbitration Association or have served as a California judge. No independent analysis has yet been done in Ukiah to determine the pro's and cons of each. It is known that the City of Concord is now revamping its process in light of past complications and lawsuits. The Assistant City Attorney has recommended three changes to the Concord ordinance: (1) using a professional arbitrator rather than a hearing panel appointed by the City Council; (2) allowing rent increases, not to exceed 10%, upon a transfer of ownership or possession of a space in a mobilehome partk; and (3) raising the automatic rent increase allowed under the ordinance from 60% of CPI to 100%. In Attachment E, the Assistant City Attorney explains the reasons for these recommendations. In the few ordinances obtained for this initial discussion, it appears the method of paying for the costs of this program vary. Most do charge administrative fees to the Parks and the homeowners purported to cover all costs. How the full budget for the program is developed in each instance needs further review. Some charge costs of each hearing to the affected parties while it appears that others may assess an across the board fee each year. In any case, there will be initial costs to develop and implement such a program. Because the retention of affordable mobile home space rent is a key component of housing for seniors, staff is checking to see what alternatives there are such as the Housing Set Aside funds from the Redevelopment Agency to establish such a program should the Council chose to move in this direction. Summary The matter of mobile home rent stabilization is something many cities and counties have pursued. There have been many successes and also many lawsuits associated with these ordinances. As you can see from Attachment E, the City of Concord incurred in the Concord Communities hearings approximately $117,000 in legal fees for outside attorneys to respectively advise the Board and the Council. He also notes that Special Rent Increase proceedings in Concord have required the expenditure of considerable staff time and resources obtaining, reviewing, and providing copies of the typically voluminous documentation submitted by the respective parties, preparing a detailed staff report with recommendations, and providing administrative support during the public hearings. By even the most conservative estimate, well over 1000 hours of City Attorney's Office/Housing Division staff time were expended on the Concord Communities hearings. It would be important for the City Council to discuss their interest in this subject, hear from any affected tenants or park owners and then decide the best option to pursue. In some cases, cities have been successful in assembling a task force of park owners and mobilehome owners to review the matter and come up with cooperative guidelines or a Memorandum of Understanding. This process stops short of an ordinance. Such efforts do not have teeth, unfortunately, and one or more park owners could opt not to participate. If Council does wish to pursue the matter more formally, direction should be given to the City Manager to come back with a proposal as to how to fund a qualified firm to review the existing factors in the City of Ukiah necessitating the need for an ordinance and to recommend the most current and successful ordinance and program that could address rent stabilization in Ukiah. Finally, it should also be pointed out that Proposition 98 on the June 2008 ballot, if approved by the voters, would prohibit this form of rent control. Financial Impact: There will be financial implications of pursuing and implementing a rent stabilization ordinance. Most of the upfront costs may need to be borne by the City or the Redevelopment Agency. Ongoing costs can and should be charged to the Park Owners and tenants as is the case in most cities who have developed such programs. The exact amount of each of these figures will not be known until further research is undertaken. DUE TO THE VOLUME OF THE ATTACHMENTS NAMED IN ITEM 11 a, REGARDING MOBIL HOME RENT STABILIZATION, THESE DOCUMENTS MAY BE VIEWED AT: 300 Seminary Ave, Ukiah, CA c/o City Clerk's Office ATTACHMENT "A" SENIOR MOBILEHOME OWNERS TASK FORCE PREPARED REPORT SENIOR MOBILEHOME OWNERS TASK FORCE SENIOR MOBILEHOME OWNERS TASK FORCE March 5, 2008 RE: UKIAH CITY SENIOR MOBILEHOME PARK STABILIZATION ORDINANCE We are mobilehome owners at Rancho Del Rey Senior Mobilehome Park (hereafter known as the Park) located at 660 Leslie Street, in the City of iJkiah. We occupy 96 rental spaces in the Park. On October 5, 2007, the Park was sold to RT Enterprises of Modesto, California. On November 1, 2007, we were notified that on February 1, 2008, the rent would be increased to $51.00 above the previous monthly space rent. (Attachments A, B, &C) This is a space rent raise of 14.8% which does not compare favorably with the annual Consumer Price Index (CPI) of August 2007, which was 2.6% and the Cost of Living Adjustment (COLA), the Federal Social Security inflation rate which was 23% (updated 10/17/07). On December 21, 2007, a certified letter signed by 80 Park homeowners (Attachment D) was sent to RT Enterprises (Park owner), the Regional Manager, and hand-delivered to the On-Site Manager. The letter requested a meeting to discuss the raise of 14.8% and RT Enterprises' park policies. A signed certified receipt, dated 12/26/07 (Attachment E), confirmed the date of delivery. There was no response. In early January 2008, the Regional Manager, Freda Decamp, who resides in Taft, California, visited the Park's On-Site Manager. While here she made no attempt to meet with us. After she left the Park, the On-Site Manager was contacted and asked if a meeting was possible. He said that Ms. DeCamp's response was: "No meeting. We have bills to pay." Given the refusal of RT Enterprises to meet with us, we decided to meet among ourselves to develop a strategy, which would offer us some protection from future unreasonable rate increases that might lead to loss of our independence and our mobilehomes at the Park. An article written in the Modesto Bee (Attachment F) heightened our fears. According to this article, RT Enterprises made rapid space rental increases forcing an elderly woman from her mobilehome at Morningside Mobile Home Park. In order to have protection from unrestricted space rent in Senior Mobilehome Parks, we ultimately decided, as our only viable recourse, to go to the Ukiah City Council and ask for their support and assistance in resolving this life-altering matter. 1. The physical removal and relocation of a mobilehome from a rented or leased space will be at a substantial cost and inconvenience to mobilehome owners, with the possibility of severe damage and deprecation of value to the mobilehome. 2. The age of a mobilehome makes it economically impractical for mobilehome owners to move their home from one park to another within the City. 3. There is a shortage of sites for the placement of mobilehomes within the City. 4. Mobilehomes are an important source of housing for seniors of low and moderate income, who as a group are unable to afford unreasonably large rent increases, like our recent 14.8% increase. 5. A large number of seniors living in mobilehomes live on small fixed incomes. These seniors may spend a substantial amount of their income on rent and may not be able to afford other housing within the City. 6. Because there is an extremely low vacancy rate in mobilehome parks within the City, the park owners have the ability to impose unreasonably large rate increases. 7. The State of California Mobilehome Residency Law (Attachment G) allows or permits owners of mobilehome parks to increase the rent with 90 days notice and with no regard to the annual CPI and COLA rates. 8. Without the adoption of rent control or rent stabilization ordinances, park owners may increase space rents substantially and often within the City. 9. Resale of a mobilehome becomes virtually impossible when space rent becomes unaffordable. 10. Because of rent increases and space shortage in mobilehome parks, regulation is necessary to assure that economic hardship does not occur to senior citizens who are on fixed incomes. RECOMMEND: We, at Rancho Del Rey Senior Mobilehome Park, recommend that the Ukiah City Council adopt a senior mobilehome park rent stabilization ordinance for the City of Ukiah (Attachment H, ordinance samples). This ordinance will protect senior mobilehome owners from unreasonable space rent increases. The ordinance will at the same time enable park owners to obtain a fair return on their investment. On behalf of the Senior Mobilehome Owners Task Force, I remain, Respectfully yours, David Vilner Enclosures A. RT Enterprise Letter 10/24/07 B. RT Enterprise Letter 10/27/07 C. Rent Increases & Comparative Analysis D. Homeowner Letter Signatures (80) 12/21/07 E. Certified Homeowner Letter to Park owner/received 12/26/07 F. Modesto Bee Article G. California Mobilehome Residency Law H. Santa Rosa Rent Control Ordinance/Tuolumne Rent Control Ordinance 5703 McHenry Ave., Modesto, CA 95356 (209) 523-3344 hone (209) 523-3084 Fax October 26, 2007 ANDY 8 KATHY SCHAPMIRE 660 LESLIE STREET#56 UKIAH, CA 95482 RE= RENT INCREASE - xazvcxo DEL xEl, sso LESLiE sTEEET, uxtax ca ssasz DEAR RESIDENT(S), NOTICE OF CHANGE OF TERMS OF TENANCY THIS IS TO INFORM YOU THAT AT THE EXPIRATION OF NINETY (90) DAYS AFTER THIS NOTICE, YOUR TENANCY OF PREMISES DESCRIBED ABOVE AND OCCUPIED BY YOU OR OTHERS WILL BE CHANGED AS FOLLOWS EFFECTIVE FEBRUARY 1. 2008 POUR CURRENT BASE RENT OF $344.00 WILL INCREASE $51.00, TO THE NEW MONTHLY RENTAL RATE OF 395.00 PER MONTH. THANK YOU FOR RESIDING IN OUR COMMUNITY, IF YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE FEEL FREE TO CONTACT OUR REGIONAL MANAGER.` Freda Decamp PO Box 155 Taft CA 93268 (661) 623-2552 Phone (661) 745-3004 Fax PLEASE SEE BELOW FOR THE EXAMPLE OF YOUR NEW BASE RENT AND PASS THRU UTILITY ITEMS EFFECTIVE FEBRUARY 1, 2008 Baee Rent $395.00 - Sewer~ $24.95 ~- Refuse~ $1100 ~} $430.95 ' SINCERELY, RANCHO DEL REY CINDY LONG OFFICE MANAGER RT Enterprises email 1'tenterpllsesCa3clearwire.net 5703 McHenry Ave., Modeeto, CA 95356 209.523.3344 Phone * 209.523.3084 Fax OCTOBER 24, 2007 ANDY 8 KATFIY SCHAPMIRE 660 LESLIE STREETN56 UKIAH, CA 95482 Dear Resident(s) RANCHO DEL REY 660 LESLIE STREET UHIAH CA 95482 Pursuant to Section 798.41 of the California Civil Code, notice is hereby given that effective February 1, 2008 Rancho Del Rey MHP will begin to separately bill for Refuse service in the Mobffe Home Paris. Civil Code Section 798.41 provides, in pazt: "Any separately billed utility fees and charges shall not be deemed to be included in the rent charged for those spaces under the rental agreement, and shall not be deemed to be rent or a rent increase for purposes of any ordinance, rule, regulation, or initiative measure adopted or enforced by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent, provided that at the time of the initial separate billing of any utility fees and charges, the rent chargeable under the rental agreement or the base rent chargeable under the terms of a local rent control provision, is simultaneously reduced by an amount equal to the fees and charges separately billed. The amount of this reduction shall be equal to the average amount charges to the park management for that utility service for that space during the twelve (12) months immediately preceding notice of the commencement of the separate billing for that utility service." Civil Code Section 798.41 also specif tally provides that: "Utility services to which this section applies are natural gas or liquid or propane gas, electricity, water, cable, television, garbage or refuge service, and sewer service." The average amount charged to park management for Refuse utility usage for your space in the pas[ twelve (12) months is as follows: Refuse $11.00 per month. Your billing statement, effective as of the first of February, 2008 will reflect the reduction in rent due to the elimination of Refuse from being included within rent and will also affect your space's pro-rata expense for Refuse as a separate line item for the utffity. A copy of the most recent monthly billing statements for the utility services for Refuse will be on display in the onsite office for your convenience. If you have any questions or concerns please contact our Regional Manager, Freda Decamp, PO Box 155, Taft CA 93268, (661) 623-2552 Phone " (661) 745-3004 Fax. Base Rent: $344.00 Sewer $24.95 Refuse: $11.00 $379.95 Sincerely, RA~NCjH~O DEL REY Cind~y~Lcng Office Manager HISTORY OF RANCHO DEL REY MONTHLY SPACE RENT INCREASES IN CONTRAST WITH CPI & COLA (1990-2008) 1 2 YEAR RENT % CPI COLA 1990 $190.00 5.4% 4.7% 1991 $200.00 5.3% 4.3% 5.4% 1992 $210.00 5.0% 3.0% 3.7% 1993 $217.50 3.6% 3.0% 3.0% 1994 $218.50 0.5% 2.6% 2.6% 1995 $228.50 4.6% 2.8% 2.8% 1996 $237.50 3.9% 2.9% 2.6% 1997 $242.50 2.3% 2.3% 2.9% 1998 $242.50 0.0% 1.6% 2.1 1999 $250.00 3.0% 2.2% 1.3% 2000 $265.00 6.0% 3.4% 2.5% 2001 $265.00 0.0% 2.8% 3.5% 2002 $275.00 3.8% 1.6% 2.6% 2003 $285.00 3.6% 2.3% 1.4% 2004 $300.00 5.3%* 2.7% 2.1% 2005 $320.00 6.7% 3.4% 2.7% 2006 $345.00 7.8% 3.2% 4.1% 2007 $355.00 2.9% 2.9% 3.3% 2008 $395.00 14.8%* 2.6% 2.3% • Note: Change of ownership. Before 2008 space rent included refuse. In 2008 refuse fee was removed from base space rent and charged with sewer separately to mobilehome owners. 1 - CPI: htt~~;.'~c~c~cbis.~,!n'cni; ~gOOgIe.COm~ 2 - COLA: leahy.senate.gov/issues/socialsecurity/co1a101904.pdf (google.com) •c w ~, z o ~, v ~. z o o x ° ~' z W d a F" ~ b d d ~ 7 ~ ~ ~~ ~Z d Q O ~A p O ~ ~ M en (fl ~ d a V H N ~ ~ 4~] W G 'a o ~ ~ O O ~ ~ ~ ~, ~ N ~ y N d L ~ ~ d p P. ,~^, d Cr .'~' 0 ~ya/a~ ~ .d G `~ o r N ~' O ~~ A ~ p aS C W ~~+GNO p+. ++~ ~ yc :, y ~ F' ~ a" 7'' OS p 7 0` %' '~^ Q i V] L~ x ~'~U H~~ 7`f' a ~ O~ ~ Z~ d~ '~ C3 ~~"3, UM"a pNr~ ~ V `y ~ d~ ~' u b ~' ~~ 'L '~ f N O nA O O C r o M EH b d 7 A 0 °o UM9 y ~ L ~ or0 r M ~ O Q~ ~ N d ~ ~ .!' ~„ ~' ~" O "f'+ 0 d r 7 "~ .O N ~ 4 Y ... p~~, ~ N 'ate ~7.~ d ~ ~i/1 (~ C' o 'd O U' ~ ~'' ~ Z (~ ~ ~ {. C W ~ ~ , ~" OOD~ p W~ ~Q~ . f ~ O i Y ~o~*n 'z, d i, ~y ,r, '~ u~ 0 z w w z ~ ~' o ~ ~ x q q d ~ i O "C: ~ u G O C -~ '~, H p ~+ O ~' O S O O ~ O ~ ~ ~ M 6H .~ ~ ~~ p' p. t" °~ a+ N o< d ~ 0 s ~' 0 ,~ N T ~ y '~ ~ Q` x o d A aUw ~~ ° ~ ,a c ~ m FO ~ a~i ,tam ~~~~ O, O~ Q w 0 r r O ~, N O ~ N VY y O ~ O a ~ ~ ~ H ,,,! !~ r ll MN ~ 0 ~~ ~ ~ r 1+~ d R ~ ~ ~ ~ ~ ~ ~ ~ d ~ ~ •~ ~ `~ ~ F N ~ M '~ Vl ~ v O S M ~ ~ T o p+ o d' N ~ ~ R Fy O a~i G y ~../ m N ~ Y ~ ~ ~ W e' o, d ov,,, ~ c ~ d x ad ~U ~~ ~ ~ ar d N ~~ 3a~ L ~ Rancho Del Rey Senior Mobilehome Pazk 660 Leslie Street Space 19 Ukiah, CA 95482 December 21, 2007 Mr. Randy Thomas R.T. Enterprises 5703 McHenry Ave. Modesto, CA 95356 Dear Mr. Thomas: As you know, the residents of Rancho Del Rey Senior Mobilehome Pazk received the 90- day notice of an increase of $51.00 in the monthly space rent. Many of these residents live on fixed incomes (social security and pensions) and know that this amount of increase monthly will impact adversely in their ability to pay for food, utilities, medications, doctor visits, transportation costs, and daily necessities. Many of us have been living in this Park for over 20 years and even some more than 30 years. Those of us who have done so had hoped to live out our retirement years here in the Pazk. Many of us aze in fear of losing our independence and home at Rancho Del Rey. Also we fear future rate increases that will drive us from the Pazk to an unknown situation. And for many of us at our age this is a terrible and frightening concept. We would like to sit down and talk together with the possibility of reaching a middle ground that will be mutually beneficial and give us the opportunity to meet your goals without jeopardizing our quality of life and independence. We look forwazd to hearing from you as soon as possible with a date to meet here in lJkiah at the On-Site Manager's office. On behalf of the concerned residents, who have signed this letter, I am sincerely yours, David Vilner cc: Freda Decamp Harry & Nema Swank Signatures of Concerned Residents _~_ ~c'i j v Y~~~~ o. ~~i `/ L~ cTi(~ . Signatures of Concerned Residents l-1 D ~~ %- S1~{iRtUY //, u ^ Complete items 1, 2, and 3. Also completr ttem 4 if ResMded DeNveryls desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailplece, or on the front if space permits. 1. AR~Ie Addressed to: M9. ~ ~L/ri~~u aT ~ ~ ~` Awe s~3 M A Signature B. Received by(Porrted Name) b delivelyaddreBS dMferen[ from kern 1 f ^ Ye: H YES, enter delivery arMrevs below: 4 No ~r~U ~6a berY~Q1 Mor~~i C~ 9~.3.fV 3.ServlceType ^ CertlOed Mail ^ E~reea Mall ^ Registered O Return Receipt for Mercharrtlise ^ Insured Mall ^ C.O.D. 4, ResMcted peliveN/ /G.hq Fee) p Yes 2. ArticleNUmber 7pp6 215Q 0002 8231 2267 (frensler Iran ss.-----T--~-- - PS Fonn 3811, February 2004 Domestic Return Receipt ~~~ ~~ rktsw r I AT&T Yahoo! Mail - schapmire@sbcglobal.net Page 1 of 2 Arai Yahon' Mali Search: ~~~" ~~~~ weleome, solo InAs help ~;,,.. ~~j~/~~ pm boglob,.. Maii Mome Ali-New Mail Tu[ora!s ~,,,,_- tie7VV= [Sign Out, Member Center] MAID C]assie -- _-, -. Mail i Contacts Calendar Notepad Mail Upgrades • Options --- Chetk Mall Compose r- feerch Meq seerdr the Web ' Get FREE Phones Prevl0u9 ~ Next ~ Back to Messages ~: at AT&T! ~, IleplY ~ hrwerd . fpem Meve... ti. /olden (Add - Edi[] Thle mee68Qe IB no! Bagged. (Flag Message • Mark as Unread ] Printable View Inbox fubJect: Tim Moran story Draft Dete: Mon, t7 Dec 2007 08:23:07 -0600 Sent "Snlltrer, Vang1E - ModeltD" cV5n0%CrtpMdd6ee.l'AR1Y ~ Add to Adtlress Book From: BUIk 14) (Empty] ~ Add Mobile Alert Trash (Empty) To. schapmlre~stxploDSl.nM fnrch fhortoub WOMAN WON'T BE LEAVING MOBILE___H_OM__E__ P_ ARK EMPTY-HANDED BY TIM MORAN, BEE STAFF WRITER My Photos THURSDAY Publication Date 1 /1 1 /2110 7 LOCAL NEWS Page BI F,dition ALL My Attachments Jan Busby won't have to walk away from her mobile home with nothing after all. Busby, 69, is being foroed from her home in Momingside Mobile Home P ark noM of Modesto ! !'1 see your credit ! .score -free _ by rapid rent increases. In an article in Wednesday's Bee, $usby said she could no Ion er the g Pay rent and couldn't move or sell the home, either. Netflix a Try for Free' The mobile homes are expensive [o move, and very few parks will accept older mobile homes. They are difficult to sell in parks with high rent. Look younger wah Mydroderm After the article appeared, Momingside Mobile Home Park owner, RT Enterprises, called and offered her 52,000 for the home, Busby said Wednesday. $300,000 Mortgage Only $965lMOnth! RT Enterprises did not return a phone call Wednesday. Busby paid $4,000 for the mobile home eight years ago. The money will help her with moving expenses, Busby said. She's planning to move N with her son N Fallon, Nev., at the end of the month. Other offers have come in, including one to help her financially to stay in the park Busby said she couldn't accept the offer. "That's too mue:h," she said. Busby helped start an advocacy group last year to lobby for rent control in Stanislaus County mobile home parks. Several parks in the county have been aggressively raising rents, forcing people on fined incomes out, according to the group, S[anislaus Mobilehome Owners Advocates. Ot7icials from the county and cities have been meeting in an ad hoc committee to consider a rent http://us. f825.mail.yahoo.com/ym/ShowLetter?MsgId=2970_74014_ 142_2242_2308_0_... 12/17/2007 AT&T Yahoo! Mai'. - sc iapm~ro;cc s ~ ~ ~~~ ,_ _ ~ .. . control ord ~nauce, t5hich would have to be approved by each city and the Stanislaus County Board of tiupcrrisurc to take effect. F3ee stall writer Tim Moran can be reached at 578-2349 or tmorxn(u7jnodbee.com. *ts n~udbr-.cola View previous mobile home stories at ww~~.modbee.coMrelxms/mptrilchome. Illastrntiun PHOTO f 1) !, rnphic Text (DEBBIE NODA / TftE BEE) Jan Busby, being forced out by rent increases, has been oRered $2,000 for her mobile home by RT E'nterprises, owntr of Momingside Mobile Home Park, where she lives. Srvwurds modbee Vangie Snuffer Sr. Newsroom Assist. The Modesto Beerwww.modbee.com 209.5782397/vsntdFer~modbee.tbm 209.238 4581-fax DN~G RtDly . tbrward ~ yam Move.. Previous i Neat I Back [e Messages Save Message Text I FuU Heatlers Ctt~clt M1rt1 tompoN f~DreN M~tl larch the Wpb COpyngM 2001 m vanoo~ Inc. Pnvacy PWicy I Tenns or Service I Send teetlback I Help http://us.f825.mail.yahoo.com/ym/ShowLetter?MsgId=2970_74014_ 142_2242_2308_0 ... I2/ 17/2007 California Civil Code Provisions Mobilehome Residency Law (Effective January 1, 2008) ©2008 - Western Manufacttued Housing Communities Association CONTENTS Article 1. General 798 Citation and Application of Chapter 798.1 Application of Definitions 798.2 Management 798.3 Mobilehome 798.4 Mobilehome Park 798.6 Park 798.7 New Construction 798.8 Rental Agreement 798.9 Homeowner 798.10 Change of Use 798.11 Resident 798.12 Tenancy 798.13 Tenancy; smte employee housing 798.14 Notices; Delivery Article 2. Rental Agreement 798.15 Required Contests; Writing; Copies of MRL to Homeowners 798.16 Inclusion of Other Provisions 798.17 Long-Term Agreement; Exemption from Rent Regulation 798.18 Period of Written Agreement; Comparable Monthly Charges for One Year as for Month-to-Month Tenancy 798.19 Waiver of Rights; Public Policy 798.19.5 Transfers of Mobilehomes 798.20 Discrimination 798.21 Non-Principal Residence; Exemption from Rent Regulations 798.22 Recreational Vehicles; Designated Areas 798.23 Application of Rules to Park Owners 798.23.5 Subletting Article 3. Rules and Regulations 798.24 Common Area Facilities; Hours of Operation 798.25 Amendments; Notification to Homeowners 798.25.5 Arbitration 798.26 Right of Entry by Management 796.27 Zoning or Use Permits; Leases; Notification to Homeowners 798.28 Name, Business Address & Phone of Mobilehome Park Owner; Disclosure 798.28.5 Vehicle Removal 798.29 Mobilehome Ombudsman; Name, Address & Phone; Posting of Sign 798.29.5 Utility Interuptions Article 4. Fees and Charees 798.30 Notice of Rent Increase 798.31 Authorized Fees 796.32 Charges for Unlisted Services; Notice 798.33 Pets 798.34 Guests; Senior Caregivers 798.35 Immediate Family 798.36 Rule Enforcement, Maintenance of Premises 798.37 Entry, Installation or Hookup Fees; Landscaping sad Maintenance Charges 798.375 Tree, Driveway Maintenance Responsibility 798.38 Utility Meter Service; Billimg; Rate Schedule 798.39 Security Deposits 798.40 Security Liens; Mumal Agreement; Separate Statements 798.41 Separately Slated Utility Services; Exemption from Rent Control; Reduction in Rent 798.42 Violations of MRL; Fines; Penalties; Prohibitions from Passing Through 798.43 Mastec-metered Utilities; Use of Homeowner's Meter for Common Area 798.43.1 Master-metered Utilities; CARE program notification 798.44 Sale of Liquefied Petroleum Gas (Propane) Article 4.5 Reut Control 798.45 Exemption; New Constmc[ion 798.49 Pass-Through of Government Fees Article 5. Homeowner CommueicaNon d Mee ' e 798.50 Statement of Legislative Intent 798.51 Rental Agreements/Rules; Prohibitions; Meetings; Public Officials; Canvass and Petitions 798.52 Homeowner/Residents; Actions Article 5.5 Homeowners Meet~gs with Manag;went 798.53 Management; Meetings with Homeowners; Requests; Matters for Discussion; Notice Article 6. Termination of Tena~ 798.55 Protection from Actual or Constructive Eviction; Termination or Refusal to Renew; Reasons; Notice; Time 798.56 Authorized Reasons for Termination; Copies to Legal Owners 798.56a Rights & Responsibilities of Legal Owners 798.57 Sm[ememt of Reasons in Notice 798.58 Making Site Available for Purchaser of Mobilehome 798.59 Notice by Homeowner; Time 798.60 Application of Other Laws 798.61 Abandoned Mobilehomes; Disposition Article 7. Transfer of Mobilehome or Mobilehome Park 798.70 Advertising 798.71 Listing or Showing Mobilehome by Park Owner or Manager; Written Authorization; Prohibitions 798.72 Transfer or Selling Fee; Request for Service; Prohibitions 798.73 Removal Upon Sale to Third Party; Conditions 798.73.5 Sale or Transfer of Mobilehome to Remain in Park; Repairs or Improvements 796.74 Prior Approval of Purchaser; Grounds for With- holding; Informing Homeowner; Financial Report/Refund Time-Frame for Approval 798.74.4 Sale or Transfer of Mobilehome; Required Docu- ments; Manufactured Home and Mobilehome Transfer Disclosure Statement 798.74.5 Information for prospective tenants 798.75 Sale or Transfer of Mobilehome to Remain in Park; Required Documents; Unlawful Occupants 798.75.5 Mobilehome Pazk Remml Agreement Disclosure Form 798.76 Purchaser, Compliance with Adults Only Rule 798.77 Waiver of Rights; Public Policy 798.78 Rights/Responsibilities of Heir or joint Tenant of Owner 798J9 Foreclosure of Mobilehome; Sale to Third Party 798.80 Sale of Park; Listing; Notice to Residents 798.5 l Sale or Listing of Used Mobilehome; Prohibited Acts of Management 798.82 School Facilities Fee 798.83 Repairs to Space Upon Transfer or Sale Article 8. Actions Proceedings end Penalties 798.84 Notice of Impending Action by Homeowners to Park Management 798.85 Attorney's Fees and Costs 798.86 Willful Violation by Park Owner; Additional Penalty 798.87 Public Nuisance 798.88 Rule Violations; Imjumc[ion Article 9. Subdivisions Cooperatives and Condominiums 799 Definitions 799.1 Application of Article 799.1.5 Advertising 799.2 Listing or Showing Mobilehome by Ownership or Management; Written Authorization 799.2.5 Resident-owned mobilehome park; Right of entry 799.3 Sale [o Third Party; Prohibition Against Required Removal (cont.) 799.4 Prior Approval of Purchaser; Grounds far Withholding 799.5 Purchaser, Compliance with Adults Only Rule 799.6 Waiver of Rights; Public Policy 799.7 Otility Interruptions 799.8 School Facilities Fee 799.9 Live-in Heatth Care 799.10 Political signs Article 1. General 798. This chapter shall be known and may be cited as the "Mobilehome Residency Law." 798.1. Unless the provisions or context otherwise requires, the following definitions shall govern the construction of [his chap- ter. 798.2. "Management" means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in con- nection with matters relating to a tenancy in the park. 798.3. (a) "Mobilehome" is a structure designed for human habitation and for being moved on a street or highway under permit pursuant m Section 35790 ofthe Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. (b) "Mobilehome," for purposes of this chapter, outer than Section 798.73, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, track campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met: (1) The trailer or other recreational vehicle occupies a mobilehome site in [he park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1,1991. (2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. "Mobilehome" does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20). 798.4. "Mobilehome pazk" is an azea of land where two or more mobilehome sites are rented, or held out for rent, to accommo- date mobilehomes used for human habitation. 798.6. "Park" is a manufactwed housing community as de- fined in Section 18210.7 of the Health and Safety Code, or a mobilehomepark. 798.7. "New Construction" means any newly constructed spaces initially held out for rent after January 1, 1990. 798.8. "Rental agreement" is an agreement between the man- agement and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental agreement. 798.9. "Homeowner" is a person who has a tenancy in a mobilehome park under a rental agreement. 798.10. "Change of use" means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park role or regulation. A change of use may affect an entire pazk or any portion [hereof "Change of use" includes, but is no[ limited to, a change of the park or any portion thereof to a condominitun, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park aze to be sold. 798.11. "Resident" is a homeowner or other person who law- fully occupies a mobilehome. 798.12. "Tenancy" is the right of a homeowner to the use of a site within a mobilehome pazk on which to locate, maintain, and oc- cupy amobilehome, site improvements, and accessory stmctwes for human habitation, including the use of the services and facilities of the pazk. 798.13. (a) This chapter does no[ apply to any area owned, operated, or maintained by the state for [he purpose of providing employee housing or space for a mobilehome owned or occupied by an employee of the state. (b) Notwithstanding subdivision (a), a state employer shall provide [he occupant of a privately owned mobilehome that is situ- ated in an employee housing area owned, operated, of maintained by the state, and that is occupied by a state employee by agreement with his or her state employer and subject to the terms and condi- tions of that state employment, with a minimtun of 60-days' notice prior to terminating the tenancy for any reason. 798.14. Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner or deposited in [he United Stales mail, postage prepaid, addressed [o the homeowner at his or her site within the mobilehome park. Article 2. RentalAgreement 798.15. The rental agreement shall be th writing and shall con- tain, in addition to the provisions otherwise required by law to be included, all of the following: (a) The term of the tenancy and the rent therefor. (b) The roles and regulations of the park. (c) A copy of dte text of this chapter shall be attached as an exhibit and shall be incorporated into the rental agreement by refer- ence.Management shall provide all homeowners with a copy of this chapter prior to February 1 of each year, if a significant change was made in the chapter by legislation enacted in the prior year. (d) A provision specifying that (i) it is the cesponsibility of the management to provide and maintain physical improvements in the common facilities in good working order and condition and (2) with respect to a sudden or unforeseeable breakdown or deterioration of these improvements, the management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterio- ration and bring [he improvements into good working order and condition after management knows or should have known of the breakdown or deterioration. For purposes of this subdivision, a rea- sonable period of time to repair a sudden or unforeseeable break- down or deterioration shall be as soon as possible in situations affecting a health or safety condi[ion, and shall not exceed 30 days in any other case except where exigent circumstances justify a delay. (e) Adescription of the physical improvements to be provided the homeowner during his or her tenancy. (f) A provision listing those services which will be provided at the time the rental agreement is executed and will continue [o be offered for the term of tenancy and the fees, if any, to be chazged for those services. (g) Aprovision stating that management may charge a reason- able fee for services relating to the maintenance of the land and premises upon which a mobilehome is situated in the event the ho- meowner fails to maintain the land or premises in accordance with the roles and regulations of the park after written notification to the homeowner and the failwe of the homeowner to comply within 14 days. The written notice shall state the specific condition to be cor- rected and an estimate of the charges to be imposed by management if the services aze performed by management or its agent. (h) All other provisions governing the tenancy. 798.16. (a) The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a par[ of this chapter. (b) Management shall return an executed copy of the rental agreement to the homeowner within 15 business days after manage- ment has received the rental agreement signed by the homeowner. 798.17. (a) (1) Rental agreements meeting Ore criteria of subdi- vision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes amaximum-amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of sub- division (b) shall prevail over conflicting provisions of an ordinance, rule, regulatioq or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof If [he rental agreement is not extended and no new rental agreement in excess of 12 months' duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concern- ingtent regulation, if any. (2) In the first sentence of the first paragraph of a rental agree- ment entered into on or after January 1, 1993, pursuant to this sec- tion, [here shall beset forth a provision in at least 12-point boldface type if Ore rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the homeowner that the rental agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximtrm amount that a landlord may charge a tenant for rent. (b) Rental agreements subject to this section shall meet all of Ore following criteria: (1) The rental agreement shall be in excess of 12 months' dura- tion. (2) The rental ageement shall be entered into between the management and a homeowner for the personal and actual residence of Ore homeowner. (3) The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement. (4) The homeowner who executes a rental agreement offered pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of the homeowner's execu- tion ofthe rental agreement. (c) If, pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant [o Section 798.18, a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun. [n the event the homeowner elects to have a rental agreement for a term of 12 months or less, including amonth-to-month rental agree- ment, the rental agreement shall contain the same rental charges, terms, and conditions as the rental agreement offered pursuant [o subdivision (b), during the first 12 months, except for options, if any, contained in the offered rental agreement to extend or renew the rental agreement. (d) Nothing in subdivision (c) shall be construed [o prohibit the management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursu- ant to [his section. (e) With respect to any space in a mobilehome pazk that is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a home- owner for rent, and notwithstanding any ordinance, rate, regulation, or initiative measure, a mobilehome park shall not be assessed any fee or other exaction for a pazk space that is exempt under subdivi- sion (a) imposed pursuant to any ordinance, mle, regulation, or ini- tia[ivemeasure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for Ore purpose of defraying the cost of administration thereof. (t) A[ the time the rental agreement is first offered to the home- owner, [he management shall provide written notice to [he home- owner of the homeowner's right (1) to have at least 30 days to in- spect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of the acceptance of a rental agreement. The failure of the management [o provide the written notice shall make the rental agreement voidable at the homeowner's option upon the homeowner's discovery of Ore failure. The receipt of any written notice provided pursuant [o this subdivi- sion shall be acknowledged in writing by the homeowner. (g) No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically ex- tends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the home- owner. (h) This section does not apply to or supersede other provi- sions of this part or other state law. 798.18. (a) A homeowner shall be offered a [ental agreement for (I) a term of l2 months, or (2) a lesser period as the homeowner may request, or (3) a longer period as mutually agreed upon by both the homeowner and management. (b) No rental agreement shall contain any terms or conditions with respect to chazges for rent, utilities, or incidental reasonable service chazges that would be different during the first 12 months of the rental agreement from the corresponding terms or conditions that would be offered to the homeowners on a month-to-month ba- sis. (c) No rental agreement For a term of 12 months or less shall include any provision which authorizes automatic extension or re- newal of, or automatically extends or renews, Ore rental agreement beyond the initial term for a term longer than 12 months at the sole option of either the management or the homeowner. 798.19. No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions ofArticles 1 to 8, inclusive, ofthis chapter. Any such waiver shall be deemed contrary to public policy and void. 798.19.5. A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or any other provision that grants to management the right of first refusal to purchase a homeowner's mobilehome that is in the park and offered for sale to a third party pursuant to Article 7 (commenc- ing with Section 798.70). This section does not preclude a separate agreement for separate consideration granting the park owner or management a right of first refusal to purchase the homeowner's mobilehome that is in the park and offered for sale. 798.20. (a) Membership in any private club or organization that is a condition for tenancy in a park shall not be denied on any basis listed in subdivision (a) or (d) of Section 12955 of the Govern- ment Code, as those bases aze defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code. (b) Notwithstanding subdivision (a), wiOt respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined m Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of this code and subdivisions (n), (o), and (p) of Section 12955 of [he Government Code shall apply to subdivision (a). 798.21. (a) Notwithstanding Section 798. l7, if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not tented [he mobilehome to another party, it shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that the landlord may charge a tenant for rent. (b) Nothing in this section is intended to require any home- owner todisclose information concerning his or her personal finances. Nothing in this section shall be construed to authorize management to gain access to any records which would otherwise be confidential or privileged. (c) For purposes of this section, a mobilehome shall be deemed to be the principal residence of the homeowner, unless a review of state or county records demonstrates that the homeowner is receiv- ing ahomeowner's exemption for another property or mobilehome in [his state, or unless a review of public records reasonably demon- strates that the principal residence of the homeowner is out of state. (d) Before modifying the rent or other terms of tenancy as a result of a review of records, as desribed in subdivision (c), the management shall notify the homeowner, in writing, of [he proposed changes and provide the homeowner with a copy of the documents upon which management relied. (e) The homeowner shall have 90 days from the date the notice described in subdivision (d) is mailed to review and respond to the notice. Management may not modify the rent or other terms of ten- ancyprior tothe expiration of the 90-day period or prior [o respond- ing, mwriting, to information provided by the homeowner. Manage- mentmay not modify the rent or other terms of tenancy if the home- ownerprovides documentation reasonably establishing that the in- formation provided by management is incorrect or that [he home- owner isnot the same person identified in the documents. However, nothing in this subdivision shall be constmed to authorize the ho- meowner to change the homeowner's exemption status of the other property or mobilehome owned by the homeowner. (f) This section does not apply under any of the following conditions: (1) The homeowner is unable to tent or lease the mobilehome because the owner or management of the mobilehome parkin which the mobilehome is located does not permit, or the rental agreement limits or prohibits, the assignment of [he mobilehome or the sublet- ting of the park space. (2) The mobilehome is being actively held available for sale by the homeowner, or pursuant to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 ofDivision 4 of the Business and Professions Code, or a mobilehome dealer, as defined in Section 18002.6 ofthe Health and Safety Code. A homeowner, real estate broker, or mobilehome dealer attempting to sell a mobilehome shall actively market and ad- vertise the mobilehome for sale in good faith to bona fide purchasers for value in order to remain exempt pursuant to this subdivision. (3) The legal owner has taken possession or ownership, or both, of the mobilehome from a registered owner through either a surrertder of ownership interest by the registered owner or a foreclo- sure proceeding. 798.22. (a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined by Section 799.29 unless [he mobilehome park has a specifically designated area within [he park for recreational vehicles, which is separate and apart from the area designated for mobilehomes. Recreational vehicles maybe located only in the specifically designated area. (b) Any new mobilehome park that is developed after January 1, 1982, is not subject to the provisions of this section until 75 per- cent of the spaces have been rented for the first time. 798.23. (a) The owner of the pazk, and any person employed by the pazk, shall be subject to, and comply with, all park rules and regulations, to the same extent as residents and their guests. (b) Subdivision (a) of this section does not apply to either of [he following: (1) Any mle or regulation that governs the age of any resident or guest. (2) Acts of a pazk owner or pazk employee which are under- taken to fulfill a park owner's maintenance, management, and busi- ness operation responsibilities. 798.23.5. (a) (I) Management shall permit a homeowner to rent his or her home that serves as the homeowner's primary resi- dence or sublet his or her space, under [he circumstances described in paragraph (2) and subject to the requirements of this section. (2) A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or het home and this is con- firmed in writing by an attending physician. (b) The following provisions shall apply to a rental or sublease pursuant to this section: (1) The minimum term of the rental or sublease shall be six months, unless the management approves a shorter term, but no greater than 12 months, unless management approves a longer term. (2) The management may require approval of a prospective renter or sublessee, subject to the process and restrictions provided by subdivision (a) of Section 798.74 for prospective purchasers of mobilehomes. Aprospective sublessee shall comply with any rule or regulation limiting residency based on age requirements, pursuant to Section 798.76. The management may chazge a prospective subles- see acredit screening fee for the actual cost of any personal refer- ence check or consumer credit report that is provided by a consumer credit reporting agency, as defined in Section 1785.3, if the manage- ment or his or her agent requires that personal reference check or consumer credit report. (3) The renter or sublessee shall comply with all rules and regulations of the pazk. The failure of a renter or sublessee to comply with the roles and regulations of the park may result in the termina- tion ofthe homeowner's tenancy in the mobilehome pazk, in accor- dance with Section 798.56. A homeowner's tenancy may not be terminated under this paragraph if the homeowner completes an ac- tion for unlawful detainer or executes a judgement for possession, pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure within 60 days of the home- ownerreceiving notice of termination of tenancy. (4) The homeowner shall remain liable for the mobilehome park rent and other park charges. (5) The management may requve the homeowner to reside in the mobilehome park for a term of one year before management per- mitsthe renting or subletting of a mobilehome or mobilehome space. (6) Notwithstanding subdivision (a) of Section 798.39, if a se- curity deposit has been refunded to the homeowner pursuant to subdivision (b) or (c) of Section 798.39, the management may require the homeowner to resubmit a security deposit in an amount or value not to exceed two months' rent in addition to the first month's rent. Management may retain this security deposit for the duration of the term of the rental or sublease. (7) The homeowner shall keep his or her current address and telephone number on file with the management during the term of rental or sublease. If applicable, the homeowner may provide the name, address, and telephone number of his or her legal representa- rive. (c) A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any. Atttcle 3. Rules and Regulations 798.24. Each common azea facility shall be open or available to residents at all reasonable hows and the hours of the common area facility shall be posted at the facility. 798.25. (a) Except as provided in subdivision (d), when the management proposes an amendment to the park's rules and regula- tions, the management shall meet and consult with the homeowners in the pazk, they representatives, or both, after written notice has been given to all the homeowners in the park 10 days or more before the meeting. The notice shall set forth the proposed amendment to the park's roles and regulations and shall state the date, time, and location of the meeting. (b) Except as provided in subdivision (d) following the meet- ingand consultation with the homeowners, the noticed amendment to the park's rules and regulations may be implemented, as to any homeowner, with the consent of [hat homeowner, or without the homeowner's consent upon written notice of not less than six months, except for regulations applicable to recreational facilities, which may be amended without homeowner consent upon written notice of no[ less than 60 days. (c) Written notice [o a homeowner whose tenancy commences within the required period of notice of a proposed amendment to the pazk's roles and regulations under subdivision (b) or (d) shall con- stitutecompliance with this section where the written notice is given before the inception of the tenancy. (d) When the management proposes an amendment to the park's rules and regulations mandated by a change in the law, in- cluding, but not limited to, a change m a statute, ordinance, or gov- etmnental regulation, the management may implement the amend- ment to the park's rules and regulations, as to any homeowner, with the consent of that homeowner or without the homeowner's con- sent upon written notice of no[ less than 60 days. For purposes of [his subdivision, the management shall specify in the notice the citation [o the statute, ordinance, or regulation, including the sec- [ionnumber, that necessitates the proposed amendment to the pazk's rules and regulations. (e) Any amendment to the pazk's rules and regulations that creates a new fee payable by the homeowner and [hat has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable. 798.25.5. Any role or regulation of a mobilehome park that (a) is unilaternlly adopted by the management, (b) is implemented with- out the consent of [he homeowners, and (c) by its terxrts purports [o deny homeowners their right to a trial by jury or which would man- date binding arbitration of any dispute between the management and homeowners shall be void and unenforceable. 798.26. (a) Except as provided ut subdivision (b), the owner- ship or management of a park shall have no right of entry to a mobilehome without the prior written consent of the resident. The consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and driveways, for maintenance of the premises in accordance with the rules and regulations ofthe park when the homeowner or resident fails to so maintain the premises, and protection of the mobilehome pazk a[ any reasonable time, but not in a manner or at a time that would interfere with the resident's quiet enjoyment. (b) The ownership or management of a park may enter a mobilehome without [he prior written consent of the resident incase of an emergency or when the resident has abandoned the mobilehome. 798.22 (a) The management shall give written notice to all homeowners and prospective homeowners conceming the follow- ing matters: (1) the nature of the zoning or use permit under which the mobilehome pazk operates. If the mobilehome pazk is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice. (2) The duration of any lease of the mobilehome pazk, or any portion thereof, in which the management is a lessee. (b) If a change occurs concerning the zoning or use permit under which the pazk operates or a lease in which the management is a lessee, all homeowners shall be given written notice within 30 days of that change. Notification regarding the change ofuse ofthe park, or any portion thereof, shall be governed by subdivision (g) of Sec- tion 798.56. Aprospecfive homeowner shall be notified prior to the inception of the tenancy. 798.28. The management of a mobilehome pazk shall disclose, in writing, the name, business address, and business telephone num- ber ofthe mobilehome pazk owner upon the request of a homeowner. 798.28.5. (a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle other than a mobilehome that is pazked in the park when there is displayed a sign at each entrance to the pazk as provided in paragraph (I) of subdivision (a) of Section 22658 of the Vehicle Code. (b)(1) Management may not cause the removal of a vehicle from a homeowner's or resident's driveway or a homeowner's or resident's designated parking space except if management has first posted on the windshield of the vehicle a notice stating management's intent to remove the vehicle in seven days and stating the specific park rule that the vehicle has violated thatjustifies its removal. After the expiration of seven days following the posting of the notice, management may remove a vehicle that remains in violation of a rule for which notice has been posted upon the vehicle. If a vehicle rule violation is corrected within seven days after the rule violation no- tice is posted on the vehicle, the vehicle may not be removed. If a vehicle upon which a rule violation notice has been posted is re- moved from the park by a homeowner or resident and subsequently is returned to the park still in violation of the role stated in the notice, management is not required to post any additional notice on the vehicle, and the vehicle may be removed after the expiration of the seven-day period following the original notice posting. (2) [f a vehicle poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have a vehicle removed from his or her driveway or designated parking space, the requirements of pazagtaph (1) do not apply, and management may remove the vehicle pursuant to Section 22658 ofthe Vehicle Code. 798.29. The management shall post a mobilehome ombuds- man sign provided by the Department of Hohsing and Community Development, as required by Section 18253.5 ofthe Health and Safety Code. 798.29.5. The management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours' written advance notice of an interruption in utility service of more than two hours for the maintenance, repair, or re- placement offacilities ofutility systems over which the management has control within the park, provided that the intemtption is not due to an emergency. The management shall be liable only for actual damages sustained by a homeowner or resident for violation of this section. "Emergency," for purposes of this section, means the interrup- tion ofutility service resulting from an accident or act of nature, or cessation of service caused by other than the management's regular or planned maintenance, repair, or replacement of utility facilities. Article 4. Fees and Charges 798.30. The management shall give a homeowner written no- tice ofany increase in his or her rent at least 90 days before the date of the increase. 798.31. A homeowner shall not be chazged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not be chazged a fee for obtaining a lease on a mobilehome lot for (1) a term of 12 months, or (2) a lesser period as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutually agreed upon by both the homeowner and management. 798.32. (a) A homeowner shall not be charged a fee for ser- vices actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by. We man- agement, at least 60 days before imposition of the chazge. (b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or chazge has a limited dwation or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or chazge is billed to the homeowner. 798.33. (a) No lease agreement entered into, moth&ed, or re- newed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the park, subject to reasonable rules and regulations of the park. This section may not be construed to affect any other rights provided by law to a homeowner [o keep a pet within the pazk. (b) A homeowner shall not be charged a fee for keeping a pet in the pazk unless the management actually provides special facilities or services for pets. If special pet facilities aze maintained by the management, the fee charged shall reasonably relate to the cost of maintenance of the facilities or services and the number of pets kept in We pazk. (c) For purposes of [his section, "pet" means any domesti- catedbird, cat, dog, aquatic animal kept wiWin an aquarium, or other atilmal as agreed to between the management and the homeowner. 798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay wiW him or her for more than a total of 20 con- secutive days or a total of 30 days in a calendaz year. A person who is a guest, as described in this subdivision, shall not be required to register with the management. (b) A homeowner who is living alone and who wishes to share his yr her mobilehome wiW one person may do so, and a fee shall not be imposed by management for Wat person. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change We terms and con- ditions ofthe rental agreement between management and the home- owner. The guest shall comply with We provisions of the roles and regulations of the mobilehome park. (c) A senior homeowner may share his or her mobilehome wiW any person over 18 years of age if that person is providing live-in healW care or live-in supportive care to the homeowner pursuant to a written treatment plan prepared by the homeowner's physician. A fee shall not be charged by management for Wat person. That person shall have no rights of tenancy in the pazk, and any agreement be- tween We homeowner and the person shall not change the terms and conditions of We rental agreement between management and the homeowner. That person shall comply with the rules and regulations of [he mobilehome park. As used in this subdivision, "senior home- owner" means a homeowner who is 55 years of age or older. (d)A senior homeowner who resides in a mobilehome pazk that has implemented rules or regulations. limiting residency based on age requirements for housing for older persons, pwsuant to Section 798.76, may shaze his or her mobilehome with any person over I S years of age if this person is a pazent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in sup- portive care, or supervision pwsuant to a written treatment plan prepared by a physician and swgeon. Management may not chazge a fee for [his person. Any agreement between We senior homeowner and this person shall not change the terms and conditions of the rental agreement between management and the senior homeowner. Unless otherwise agreed upon, pazk management shall not be re- quired tomanage, supervise, or provide for this person's care during his or her stay in the mobilehome park. This person shall have no rights of tenancy in We pazk, but shall comply with the rules and regulations of the mobilehome pazk. Aviolation of the mobilehome park rules and regulations by this person shall be deemed a violation of the rules and regulations by [he homeowner pursuant to subdivi- sion (d) of Section 798.56. As used in [his subdivision, "senior homeowner" means a homeowner who is 55 years of age or older. 798.35. A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, We "immediate family" shall be limited to the homeowner, his or her spouse, their parents, their children, and [heir grandchil- dren under 18 years of age. 798.36. (a) A homeowner shall not be chazged a fee for the enforcement ofany of the roles and regulations of the park, except a reasonable fee may be charged by management for the maintenance or cleanup, as described in subdivision (b), of the land and premises upon which the mobilehome is situated in the event the homeowner fails to do so in accordance with the rules and regulafions of the pazk aRer written notification to the homeowner and the failwe of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the chazges to be imposed by management if the services ate performed by man- agement or its agent. (b) (1) If management determines, in good faith, War the re- moval of a homeowner's or resident's personal property from the land and premises upon which the mobilehome is situated is neces- sary to bring We premises into compliance wiW We reasonable roles and regulations of We pazk or the provisions of We Mobilehome Parks Act (Part 2.1 (commencing wiW Section 18200) of Division 13 of the Health and Safety Code) of Title 25 of the California Code of Regulations, management may remove We property to a reasonably secwe storage facility. Management shall provide written notice of at least 14 days of its intent to remove the personal property, includ- ing adescription of the property to be removed. The notice shall include the role, regulation, or code justifying We removal and shall provide an estimate of the chazges to be imposed by management. The property to be removed shall not include the mobilehome or its appurtenances or accessory structwes. (2) The homeowner or resident shall be responsible for reim- bursing to management We actual, reasonable costs, if any, of re- moving and storing We property. These costs incurred by manage- ment in correcting the roles violation associated with the removal and storage of the property, are deemed reasonable incidental ser- vice charges and may be collected pwsuant [o subdivision (e) of Section 798.56 if a notice of nonpayment of the removal and storage fees, as described in paragraph (3), is personally served on the ho- meowner. (3) Within seven days from the date the property is removed to a storage area, management shall provide the homeowner or resi- dent awritten notice that includes an inventory of We property re- moved, the location where the property may be claimed, and notice Wat We cost of removal and storage shall be paid by the resident or homeowner [f, within 60 days, the homeowner or resident does not claim the property, the property shall be deemed to be abandoned, and management may dispose of the property in anymanner. The homeowner' s or resident's liability for storage chazges shall not exceed 60 days. If the homeowner or resident claims [he property, but has no[ reimbursed management for stomge costs, management may bill those costs in a monthly statement which shall constitute notice of nonpayment, and the costs shall become the obligation of the homeowner or resident. If a resident or homeowner communicates in writing his of her intent to abandon the property before 60 days has expired, management may dispose of the property immediately and no further storage charges shall accrue. (4)1f management elects [o dispose of the property by way of sale or auction, and the funds received from the sale or auction exceed the amount owed to management, management shall refund the difference to the homeowner or resident within 15 days from the date of management's receipt of the funds from the sale or auction. The refund shall be delivered to the homeowner or resident by first- class mail postage prepaid to his or her address in the pazk, or by personal delivery, and shall include an accounting specifying [he costs of removal and storage of the property incurred by manage- ment in correcting the rules violation and the amount of proceeds realized from any sale or auc[ioa. If a sale or auction of the property yields less than the costs incurred by management, the homeowner or resident shall be responsible for [he difference, and this amount shall be deemed a reasonable incidental service chazge and may be collected pursuant to subdivision (e) of Section 798.56 if a notice of nonpayment of [he removal and storage fees, as described in paza- graph (3), is personally served on the homeowner If management elects to proceed under this section, it may not also terminate [he tenancy pursuant to subdivision (d) of Section 798.56 based upon the specific violations relied upon to proceed under this section. In any proceeding under this section, management shall bear the bur- den of proof that enforcement was undertaken in a nondiscrimina- tory, nonselective fashion. 798.37. A homeowner may not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy ex- cept for an actual fee or cost imposed by a local governmental ordi- nance or requirement directly related to [he occupancy of the spe- cific site upon which the mobilehome is located and no[ incurred as a portion of [he development of [he mobilehome park as a whole. However, reasonable landscaping and maintenance requirements may be included in the park rules and regulations. The management may not require a homeowner or prospective homeowner [o purchase, rent, or lease goods or services for landscaping, remodeling, or main- tenance from any person, company, of corporation. 798.325 (a) With respect to trees on rental spaces in a mobilehome pazk, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and [he costs thereof, upon written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation. In [he case of a dispute over that assertion, the pazk man- agement or ahomeowner may request an inspection by the DepaR- men[ of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Pazks Act (Part 2.1 (commencing with Section 18200) of Division 3 ofthe Health and Safety Code) in order to determine whether a violation of [hat act exists. (b) With respect to trees in the common azeas of a mobilehome park, pazk management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof. (c) Park management shall be solely responsible for the main- tenance, repair, replacement, paving, sealing, and the expenses re- lated to the maintenance of all driveways installed by park manage- men[ including, but not limited to, repair of root damage to driveways and foundation systems and removal. Homeowners shall be respon- sible for the maintenance, repair, replacement, paving, sealing, and the experses related to the maintenance of a homeowner installed driveway. A homeowner may be chazged for the cost of any damage [o the driveway caused by an act of the homeowner or a breach of the homeowner's responsibilities under the rules and regulations so long as those rules and regulations aze not inconsistent with the provisions of this section. (d) No homeowner may plant a tree within [he mobilehome pazk without fvst obtaining written permission from the manage- ment. (e) This section shall not apply to alter the terms of any rental agreement in effect prior to January 1, 2001, between the pazk man- agement and [he homeowner regazding the responsibility for [he maintenance of trees and driveways within the mobilehome pazk, except that upon any renewal or extension, the rental agreement shall be subject to this section. This section is not intended to abrogate the content of any existing rental agreement or other written agree- men[sregazding trees or driveways that are in effect prior to January 1, 2001. (t) This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001. (g) Any mobilehome pazk mle or regulation shall be in compli- ance with this section. 798.38. (a) Where the management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cos[ of the chazges for the period shall be separately stated along with [he opening and closing readings for his or her meter. The management shall post in a conspicuous place, the pre- vailingresidential utilities rate schedule as published by [he serving utility. (b) If a third-party billing agent or company prepazes utility billing for the park, the management shall disclose on each resident's billing, the name, address, and telephone number of the billing agent or company. 798.39. (a) The management may only demand a security de- posit on orbefore initial occupancy and the security deposit may not be in an amount or value in excess of an amount equal to two months' rent that is charged at the inception of the occupancy, in addition to any rent for the first month. In no event shall additional security deposits be demanded of a homeowner following [he initial occu- pancy. (b) As to all security deposits collected on or after January 1, 1989, after the homeowner has promptly paid [o [he management, within five days of the date the amount is due, all of the rent, utilities, and reasonable service charges for any 12-consecutive-month pe- riod subsequent to the collection of the security deposit by the management, or upon resale of the mobilehome, whichever occurs earlier, the management shall, upon the receipt of a written request from the homeowner, refund to the homeowner [he amount of the security deposit within 30 days following the end of the 12-consecu- tive-month period of the prompt payment or [he date of the resale of the mobilehome. (c) As to all security deposits collected prior to January 1, 1989, upon the extension or renewal of the rental agreement or lease between the homeowner and the management, and upon the receipt of a written request from the homeowner, if the homeowner has promptly paid [o the management, within five days of [he date [he amount is due, all ofthe rent, utilities, and reasonable service charges for the 12-consecutive- month period preceding the receipt of [he written request, the management shall refund to [he homeowner the amount of the security deposit within 60 days. (d) As to all security deposits collected prior to January 1, 1989, and not disbursed pursuant to subdivision (c), in the event that the mobilehome park is sold or transferred to any other party or entity, the selling park owner shall deposit in escrow an amount equal to all security deposits that the park owner holds. The seller's escrow instructions shall direct that, upon close of escrow, the secu- rity deposi[stherein that were held by the selling pazk owner (includ- ingthe period th escrow) for 12 months or more, shall be disbursed to the persons who paid the deposits to the selling park owner and promptly paid, within five days of the date the amount is due, all rent, utilities, and reasonable service chazges for the 12-month period preceding the close of escrow. (e) Any and all security deposits in escrow that were held by the selling park owner that are not required [o be disbursed pursuant [o subdivision (b), (c), or (d) shall be disbursed to the successors in interest to the selling or transferring park owner, who shall have the same obligations of the park's management and ownership specified in this section with respect to security deposits. The disbursal may be made in escrow by a debit against the selling park owner and a credit to the successors in interest to the selling pazk owner. (t) The management shall not be required to place any security deposit collected in aninterest-bearing account or to provide a ho- meownerwith any interest on the security deposit collected. (g) Nothing in this section shall affect the validity of title to real property transferced in violation of this section. 798.40. The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce ajudgtnent ofany court, in a mobilehome Located inthe pazk unless i[ is mutually agreed upon by both the homeowner and man- agement. Any billing and payment upon the obligation shall be kept separate from current rent. 798.4E (a) Where a rental agreement, including a rental agree- ment specified in Section 798.17, does not specifically provide other- wise,the park management may elect to bill a homeowner separately for utility service fees and charges assessed by the utility for ser- vices provided to or for spaces in the park. Any separately billed utility fees and charges shall not be deemed to be included in the rent charged for those spaces under the rental agreement, and shall not be deemed to be rent or a rent increase for purposes of any ordi- nance, rule, regulation, or initiative measure adopted or enforced by any local govemmental entity which establishes a maximum amount that a landlord may charge a tenant for rent, provided that at the time of the initial separate billing of any utility fees and charges the rent chazgeable under the rental agreement or the base rent chargeable under the tetras of a local rent control provision is simultaneously reduced by an amount equal to the fees and charges separately billed. The amount of this reduction shall be equal to the average amount charged to [be park management for that utility service for that space during the 12 months immediately preceding notice of the commencement of the separate billing for that utility service. Utility services to which this section applies are natural gas or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service. (b) This section does not apply to rental agreements entered into prior to January 1, 1991, until extended or renewed on or after that date. (c) Nothing m this section shall require rental agreements to provide for separate billing to homeowners of fees and charges speci- fied insubdivision (a). (d) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. if the fee or charge has a limited duration or is amortized for a specified period, [he expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner. 798.42. (a) The management shall not chazge or impose upon a homeowner any fee or increase in rent which reflects the cos[ to the management of any fine, forfeiture, penalty, money damages, or fee assessed or awarded by a court of law against the management for a violation of this chapter, including any attorney's fees and costs incurred by the management in connection therewith. (b) A court shall consider the remoteness in time of the assess- ment or award against the management of any fine, forfeiture, pen- alty, money damages, or fee in determining whether the homeowner has met the burden of proof that the fee or increase in rent is in violation of this section. (c) Any provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a fee or increase in rent that reflects the cost to the management of any money dam- ages awarded against [he management for a violation of this chapter shall be void. 798.43. (a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electric u[il- ityservice, management shall disclose to the homeowner any condi- tion by which a gas, water, or electric meter on the homeowner's site measures gas, water, or electric service for common area facilities or equipment, including lighting, provided that management has knowl- edge of the condition. Management shall disclose this information prior to the incep- tion of the tenancy or upon discovery and shad complete either of the following: (1) Enter into a mutual written agreement with the homeowner for compensation by management for the cost of the portion of the service measured by the homeowner's meter for the common area facilities or equipment to the extent [hat this cost accrues on or after January 1,1991. (2) Discontinue using the meter on the homeowner's site for the utility service to the common area facilities and equipment. (b) On and after January I, 1994, if the electric meter on the homeowner's site measures electricity for lighting mandated by Sec- tion 18602 of the Health and Safety Code and this lighting provides lighting for the homeowner's site, management shall be required to comply with subdivision (a). 798.43.1. (a) The management of a master-meter park shall give written notice to homeowners and residents on or before Febru- ary I ofeach year in their utility billing statements about assistance to low-income persons for utility costs available under the California Alternate Rates for Energy (CARE) program, established pursuant to Section 739.1 of the Public Utilities Code. The notice shall include CARE information available to master-meter customers from [heir serving utility, to include, at a minimum: (1) the fact that CARE offers a discount on monthly gas or electric bills for qualifying low-income residents; and (2) the telephone number of the serving utility which provides CARE information and applications. The pazk shall also post the notice in a conspicuous place in the clubhouse, or if there is no clubhouse, in a conspicuous public place in the park. (b) The management of amaster-meter park may accept and help process CARE program applications from homeowners and resi- dents in the park, fill in the necessary account or other park informa- tion required by the serving utility to process the applications, and send the applications to the serving utility. The management shall not deny a homeowner or resident who chooses to submit a CARE application to the utility himself or herself any park information, in- cluding autility account number, the serving utility requires to pro- cess ahomeowner orresident CARE program application. (c) The management of amaster-meter park shall pass through the full amount of the CARE program discount in monthly utility billings to homeowners and residents who have qualified for the CARE rate schedule, as defined in the serving utility's applicable rate schedule. The management shall notice the discount on the billing statement of any homeowner or resident who has qualified for the CARE rate schedule as either the itemized amount of the dis- count or a notation on the statement that the homeowner or resident is receiving the CARE discount on the electric bill, the gas bill, or both the electric and gas bills. (d) "Master-meter pazk" as used in this section means "mas- ter-meter customer" as used in Section 739.5 of the Public Utilities Code. 798.44. (a) The management of a park that does not permit mobilehome owners or park tenants to purchase liquefied petroleum gas for use in the mobilehome pazk from someone other than the mobilehome park management shall not sell liquefied petroleum gas to mobilehome owners and tenants within the park at a cost which exceeds 110 percent of the actual price paid by [he management of the pazk for liquefied petroleum gas. (b) The management of a pazk shall post in a visible looation the actual price paid by management for liquefied petroleum gas sold pursuant to subdivision (a). (c) This section shall apply only to mobilehome parks regu- lated under the Mobilehome Residency Law. This section shall not apply to recreational vehicle parks, as defined in Section 18215 of the Health and Safety Code, which exclusively serve recreational ve- hicles, as defined in Section 18010 of the Health and Safety Code. (d) Nothing in this section is intended to abrogate any rights a mobilehomeparkownermayhaveurxierSection798.31 oftheCivilCode. (e) In addition to a mobilehome park described in subdivision (a), the requirements of subdivisions (a) and (b) shall apply to a mobilehome park where requirements of federal, state, or local law or regulation, including but not limited to, requirements for setbacks between mobilehomes, prohibit homeowners or tenants from install- ingtheir own liquefied petroleum gas supply tanks, notwithstanding that the managemer.:of the mobilehome park permits mobilehome owners and parl . ~nants to buy their own liquefied petroleum gas. Article 4.5. ~ Rent Control ,, 198.45. Notwithstanding Section 798.17, "new construction" :.a defined in Section 798.7, shall be exempt from any ordinance, role, regulatioq or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may chazge a tenant for rent. 798.49. (a) Except as provided m subdivision (d), the local agency of any city, including a charter city, county, or city and county, which administers an ordinance, rule, regulation, or initiative mea- sute tha[establishes amaximumamount that management may chazge a tenant for rent shall pennit the management to separately charge a homeowner for any of the following: (I) The amount of any fee, assessment or other charge first imposed by a city, including a charter city, a county, a city and county, the state, or the federal government on or after January I, 1995, upon [he space rented by [he homeowner. (2) The amount of any increase on or after January 1, 1995, in an existing fee, assessment or other charge imposed by any govern- mental entity upon the space rented by the homeowner. (3) The amount of any fee, assessment or other charge upon [he space first imposed or increased on or after January 1, 1993, pursuant to any state or locally mandated program relating to hous- ingcontained in the Health and Safety Code. (b) If management has charged the homeowner for a fee, as- sessment, or other charge specified in subdivision (a) that was in- creased or first imposed on or after January 1, 1993, and the fee, assessment, or other chazge is decreased or eliminated thereafter, the charge to the homeowner shall be decreased or eliminated accord- ingly. (c) The amount of the fee, assessment or other chazges autho- rized by subdivision (a) shall be separately stated on any billing to the homeowner. Any change in the amount of the fee, assessment, or other chazges that aze sepazately billed pursuant to subdivision (a) shall be considered when determining any rental adjustment under the local ordinance. (d) This section shall no[ apply to any of the following: (1) Those fees, assessments, or charges imposed pursuant to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), unless specifically authorized by Section 18502 of the Health and Safety Code. (2) Those costs that are imposed on management by a court pursuant [o Section 798.42. (3) Any fee or other exaction imposed upon management for the specific purpose of defraying the cost of administration of any ordinance, rule, regulation, or initiative measure [hat establishes a maximum amount [hat management may chazge a tenant for rent. (4) Any tax imposed upon the property by a city, including a charter city, county, or city and county. (e) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing [o the homeowner. If the fee or chazge has a lvnited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed [o the homeowner. Article 5. Homeowner Communications and Meetings 798.50. It is the intent of the Legislature in enacting this article to ensure that homeowners and residents of mobilehome pazks have the right to peacefully assemble and freely communicate with one another and with others with respect to mobilehome living or for social or educational purposes. 798.51. (a) No provision contained in any mobilehome park rental agreement, role, or regulation shall deny or prohibit the right of any homeowner or resident in the park to do any of the following: (1) Peacefully assemble or meet th the park, at reasonable hours and in a reasonable manner, for any lawful purpose. Meetings may be held in the pazk community or recreation hall or clubhouse when the facility is not otherwise in use, and, with the consent of the homeowner, in any mobilehome within the pazk. (2) Invite public officials, candidates for public office; or repre- sentatives of mobilehome owner organizations to meet with homeowners and residents and speak upon matters of public inter- est, in accordance with Section 798.50. (3) Canvass and petition homeowners and residents for non- commercial putposesrelating tomobilehome living, election to pub- licoffice, or the initiative, referendum, or recall processes, at reason- ablehours and in a reasonable manner, including the distribution or circulation of information. (b) A homeowner or resident may not be charged a cleaning deposit in order [o use the pazk recreation hall or clubhouse for meetings of resident organizations for any of the purposes stated in Section 798.50 and this section, whether or not guests or visitors from outside the park aze invited to attend the meeting, if a home- owner or resident of the park is hosting the meeting and all homeowners or residents of the park aze allowed to attend. (c) A homeowner or resident may not be required to obtain liability insurance in order to use common area facilities for the pur- poses specified in this section and Section 798.50. However, if alco- holicbeverages are to be served at any meeting or private function, a liability insurance binder may be required by the park ownership or management. The ownership or management of a mobilehome park may prohibit the consumption of alcohotic beverages in the park common azea facilities if the terms of the rental agreement or the roles and regulations of the park prohibit it. (d) A homeowner, organization, of group of homeowners using a recreation hall or clubhouse pursuant to this section shall be re- quved to adhere to any limitations or restrictions regazding vehicle parking or maximum occupancy for the clubhouse or recreation hall. (e) A homeowner or resident may not be prohibited from dis- playing apolitical campaign sign relating to a candidate for election to public office or to dte initiative, referendum, or recall process in the window or on the side of a manufactured home or mobilehome, or within the site on which the home is located or installed. The size of the face of a political sign may not exceed six square feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to I5 days following the election, unless a local ordinance within the jurisdiction where the mobilehome park is lo- cated imposes a more restrictive period of time for the display of such a sign. 798.52. Any homeowner or resident who is prevented by man- agement from exercising the rights provided for in Section 798.51 may bring an action in a court of law to enjoin enforcement of any role, regulation, or other policy which unreasonably deprives a ho- meowner or resident of those rights. Artic1e5.5. Homeowners Meetings with Management 798.53. The management shall meet and consul[ with [he homeowners, upon written request, within 30 days of the request, either individually, collectively, or with representatives of agroup of homeowners who have signed a request to be so represented on the following matters: (a) Resident concerns regarding existing pazk rules that aze not subject to Section 798.25. (b) Standazds for maintenance of physical improvements in the park. (c) Addition, alteration, or deletion of service, equipment, or physical improvements. (d) Rental agreements offered pursuant to Section 798.17. Any collective meeting shall be conducted only after notice thereof has been given to all the requesting homeowners 10 days or more before the meeting. Article 6. Termination of Tenancy 798.55. (a) The Legislature finds and declares that, because of the high cos[ of moving mobilehomes, the potential for damage re- sulting therefrom, the requirements relating to the installation of mobilehomes, and the cost of landscaping or l02 preparation, it is necessary that the owners of mobilehomes occupied within mobilehome parks be provided with the unique protection from ac- tual or cons[me[ive eviction afforded by the provisions of this chap- ter. (b) (1) The management may not terminate or refuse [o renew a tenancy, except for a reason specified in this article and upon the giving of written notice to the homeowner, in the manner prescribed by Section l l62 of the Code of Civil Procedure, to sell or remove, at the homeowner's election, the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent [o the legal owner, as defined in Section 18005.8 of the Health and Safety Code, eachjunior lienholder, as defined in Section 18005.3 of [he Health and Safety Code, and the registered owner of the mobilehome, if other than the homeowner, by United Stales mail within 10 days after notice to the homeowner. The copy maybe sent by regular mail or by eertifred or registered mail with return receipt requested, at the option of the management. (2) The homeowner shall pay past due rent and utilities upon the sale of a mobilehome pursuant to paragraph (1). (c) If the homeowner has not paid the rent due within three days after notice [o the homeowner, and if the first notice was no[ sent by certified or registered mail with return receipt requested, a copy of the notice shall again be sent to the legal owner, each junior lienholder, and the registered owner, if other than the homeowner, by certified or registered mail with return receipt requested within 10 days after notice to the homeowner Copies of the notice shall be addressed to the legal owner, each junior lienholder, and the regis- feted owner at their addresses, as set forth in [he registration card specified in Section 18091.5 ofthe Health and Safety Code. (d) If management obtains a court judgment against a home- owner or resident, the cost incurred by management in obtaining a title search for the purpose of complying with the notice require- ments of this section shall be recoverable as a cost of suit. (e) The resident of a mobilehome that remains ththe mobilehome park after service of the notice to sell or remove the mobilehome shall continue to be subject to this chapter and the rules and regulations of the park, including rules regazding maintenance of the space. (f) No lawful act by the management to enforce this chapter or the rules and regulations of the park maybe deemed or construed to waive or otherwise affect the notice to remove the mobilehome. 798.56. A tenancy shall be terminated by the management only for one or more of the following reasons: (a) Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncom- pliance from the appropriate governmental agency. (b) Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents. (c) (1) Conviction of the homeowner or resident for prostitu- tion, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 24: -Section 288, or Section 451, of the Penal Code, or a felony controllc+i substance offense, if the act resulting in the conviction was comrftitted any- where on the premises of the mobilehome pazk, including, but not limited to, within the homeowner's mobilehome. (2) However the tenancy may not 6e terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome. (d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part- of the rental agreement or any amendment thereto. No ac[ or omission of the homeowner or resident shall consti- tute a failure [o comply with a reasonable rule or regulation unless and until the management has given the horeowner written notice of the alleged role or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that role or regulation, no written notice shall be re- quited for a subsequent violation of the same rule or regulation. Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated. (e) (1) Nonpayment of rent, utility charges, or reasonable inci- dental service charges; provided that the amount due has been un- paidfor aperiod of a[least five days from its due date, and provided that the homeowner shall begiven athree-day written notice subse- quent to [hat five-day period to pay the amount due or to vacate the ]0 tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. Thethree-day written notice shall be given to [he homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of [his notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered [o the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days' notice required for termination of the tenancy. Athree-day notice given pursuant [o this subdivision shall contain the following provisions printed in at least l2-point boldface type at the top of the notice, with the appro- priatenumber written in the blank: "Warning: This notice is the (inseit number) three-day notice for nonpayment of rent, utility chazges, or other reasonable inciden- tal services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.36(e)(5), if you have been given a three-day notice [o either pay rent, utility chazges, or other reason- able incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated." (2) Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior [o the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated. (3) Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendaz days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment. (4) Cure of a default of rent, utility charges, or reasonable inci- dental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a l2- monthperiod. (5) If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in pazagraph (1), no written three-day notice shall be required in [he case of a subsequent nonpayment of rent, utility chazges, or reasonable incidental service chazges. In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of no[ less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in paragraph (b) of Section 798.SS,bycertifiedorregisteredmail, retumreceiptrequested,within 10 days after notice is sent to the homeowner. (6) When a copy of the 60 days' no"rice described th pazagraph (5) is sent to the legal owner, each junior lienholdet, and the regis- tered owner of the mobilehome, if other titan the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendaz days following the mailing of the notice, if all of the following conditions exist: (A) A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12- monthperiod. (B) The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period. (C) The legal owner, junior lienholder or registered owner, if other than the homeowner, is not a fmancial institution or mobilehome dealer. If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from [he pazk described in paragraph (5) shall be re- scinded. (f) Condemnation of the pazk. (g) Change of use of the pazk or any portion thereof, provided: (l) The management gives the homeowners at least IS days' written notice that the management will be appearing before a local governmental board, commissioq or body to request permits for a change of use of the mobilehome pazk. (2) After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months' or more written notice of termination of tenancy. If the change of use requires no local governmental permits, [hen notice shall be given 12 months or more prior to the management's determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use. (3) The management gives each proposed homeowner written notice thereof prior [o the inception of his or her tenancy that the management is requesting a change of use before local governmen- tal bodies or that a change of use request has been granted. (4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs. (5) A notice of a proposed change of use given prior to January I, 1980, that conforms [o the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect a[ the time the notice was given. (h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the hort}eowners or residents a[ the same time that notice is required pursuant to subdivision (g) of this section. (i) For purposes of this section, "fmancial institution" means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, origi- nates, owns, or provides loan servicing for loans secured by a mobilehome. 798.56a. (a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursu- ant toany reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following: (1) Its offer [o sell the obligation secured by the mobilehome to [he management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer m writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which [o exercise one of the other options contained in this section and shall notify management in writing of its choice. (2) Its intention to foreclose on its security interest in the mobilehome. (3) Its request that the management pursue [he termination of tenancy against the homeowner and its offer to reimburse manage- ment for the reasonable attorney's fees and court costs incurred by the management in that action. If this request and offer are made, [he legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorney's fees and court costs, as agreed upon by the management and [he legal owner or junior lienholder, incurred by the management in an action to termi- nate the homeowner's tenancy, on or before the earlier of (A) the 60th calendar day following receipt ofwritten notice from the man- agement of the aggregate amount of those reasonable attorney's fees and costs or (B) the date [he mobilehome is resold. (b) A legal owner, if any, orjunior lienholder, if any, may sell the mobilehome within [he park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met (1) The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option de- scribed in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibili- ties and liabilities of the homeowner owing [o the management for [he 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of [hat notice until the date the mobilehome is resold. (2) Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner orjurtior lienholder commences all repairs and necessary cor- rectiveactions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of ten- ancy was given as well as [he health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calen- dar days of that notice, or before the date that the mobilehome is sold, whichever is earlier. (3) The legal owner, if any, or junior lienholder, if any, complies with the requirements ofArticle 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party. (c) For purposes of subdivision (b), the "homeowner's respon- sibilitiesand liabilities" means all rents, utilities, reasonable mainte- nance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to exist- ingpark rules and regulations. (d) If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bank- ruptcy. (e) Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the manage- ment of its decision pursuant to subdivision (a) within [he period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwith- standing any other provision of law, the management shall have a warehouseman's lien in accordance with Section 7209 of the Com- mercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as stomge, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Sec- tion 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date [he mobilehome is physi- callyvacatedbytheresident,whichever occurseazlier. Uponcomple- [ion of any sale [o enforce the wazehouseman's lien in accordance with Sectiop 7210 of the Commercial Code, the management shall provide the purchaser a[ [he sale with evidence of the sale, as shall be specified by the Departrnent of Housing and Community Devel- opment, that shall, upon proper request by the purchaser of [he mobilehome, register title m the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome. (f) All written notices required by this section shall be sent to [he other party by certified or registered mail with return receipt requested. (g) Satisfaction, pursuant to this section, of the homeowner's accrued or accruing responsibilities and liabilities shall not cure [he default of the homeowner. 798.57. The management shall set forth in a notice of termina- tion, [he reason relied upon for the termination with specific facts to permit determination of the date, place, witnesses, and circumstances concerning that reason. Neither reference to the section number or a subdivision thereof, nor a recital of the language of this article will constitute compliance with this section. 798.58. Tenancy may only be tertnina[ed for reasons contained in Section 798.56, and a tenancy may not be terminated for the pur- pose of making a homeowner's site available for a person who pur- chased or proposes to purchase, or cents or proposes to rent, a mobilehome from the owner of the pazk or the owner's agent. 798.59. Ahomeowner shall give written notice to the manage- ment ofnot less than 60 days before vacating his or her tenancy. 798.60. The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 3159) of Title 3 of Part 3 of the Code of Civil Procedure except as otherwise provided herein. 798.61. (a) (I) As used in this section, "abandoned mobilehome" means a mobilehome about which all ofthe following are true: (A) It is located in a mobilehome park on a site for which no rent has been paid to the management for [he preceding 60 days. (B) It is unoccupied. (C) A reasonable person would believe i[ [o be abandoned. (2) For purposes of this section: (A) "Mobilehome" shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of [he Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of pazagraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code. (B) "Abandoned mobilehome" shall include a mobilehome that is uninhabitable because of its totat or partiai destruction that can- not be rehabilitated, if the mobilehome also satisfies the require- ments of pazagraph (1)- (b)After determining a mobilehome in a mobilehome pazk [o be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in dte abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested. (c) Thirty or more days following posting pursuant to subdivi- 12 lion (b), the management may file a petition in [he superior court in the county m which the mobilehome pazk is located, for a judicial declazation of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing cop- ies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid. (d) (1) Hearing on the petition shall be given precedence over other matters on the court's calendaz. (2) If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest [herein at the hearing, the court shall enter a judgment of abandonment, determine the amount of charges to which [he petitioner is entitled, and award attorney's fees and costs to [he petitioner. For purposes of this sub- division aninterest in the mobilehome shall be established by evi- dence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome. (3) A default may be entered by the court clerk upon request of the petitioner, and a defaultjudgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail. (e) (1) Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and com- plete aninventory of [he contents and submit the inventory to the court. (2) During this period the management shall post and mail notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). (3) At any time prior to the sale of a mobilehome under this section, any person having a right to possession of the mobilehome may recover and remove i[ from the premises upon payment to the management of all rent or other chazges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of [his payment and removal of [he mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure. (f) Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in subdivision (e), the management may conduct a public sale of the abandoned mobilehome and its contents. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under [his section shall be deemed abandoned property and shall be paid into the trea- sury ofthe county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount [o a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as [o the amount paid. (g) Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to subdivision (e). (h) The management shall provide the purchaser at the sale with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by [he State Department of Housing and Community Development or the Department of Motor Vehicles, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, ex- ceptthe lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome. Article 7. Transfer ofMobilehomeorMobilehomePark 798.70. A homeowner, an heir, joint tenant, or personal repre- sentative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of [he mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an "open house," unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be of an H-frame or A- frame design with the sign face perpendicular [o, but not extending into, the street. Homeowners may attach to the sign or [heir mobilehome tubes or holders for leaflets which provide infoanation on the mobilehome for sale, exchange, or rent. 798.71. (a) (1) The management may no[ show or list for sale a manufactured home or mobilehome without first obtaining the owner's written authorization. The authorization shall specify the terms and conditions regazding the showing or listing. (2) Management may require that a homeowner advise man- agement inwritingthat his or her manufactured home or mobilehome is for sale. If management requires that a homeowner advise manage- ment inwcating that his or her manufactured home or mobilehome is for sale, failure [o comply with this requirement does not invalidate a transfer. (b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manu- factured home or mobilehome who was a homeowner at the time of his or her death, or [he agent of any such person other than the management. (c) The management shall not require the selling homeowner, or an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufac- tured home or mobilehome who was a homeowner at the time of his or her death, to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale of a manufac- mredhome or mobilehome as a condition of resale of the home in the pazk or of management's approval of the buyer or prospective 13 homeowner for residency in the park. (d) Nothing in this section shalt be construed as affecting the provisions of the Health and Safety Code governing the licensing of manufactured home or mobilehome salespersons or dealers. 798.72. (a) The management shall not charge a homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through [he death of the owner of the mobilehome who was a homeowner at the time of his or her death, of the agent of any such person a transfer or selling fee as a condition of a sale of his mobilehome within a park unless the management performs a service in the sale. The manage- ment shall not perform any such service in connection with the sale unless so requested, in writing, by the homeowner, an heir, join[ tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or [he agent of any such person. (b) The management shall not chazge a prospective home- owner orhis orher agent, upon purchase of a mobilehome, a fee as a condition of approval for residency in a pazk unless the management performs a specific service in the sale. The management shall not impose a fee, other than for a credit check in accordance with subdi- vision (b) of Section 798.74, for an interview of a prospective home- owner. 798.73. The management may not require the removal of a mobilehome from the park in the even[ of its sale to a third party doting the term of the homeowner's rental agreement dr in the 60 days following the initial notice required by paragraph (1) of subdi- vision (b) of Section 798.55. However, in the event of a sale to a third party, in order to upgrade the quality of the park, the management may require [hat a mobilehome be removed from the park where: (a) It is not a "mobilehome" within the meaning of Section 798.3. (b) [t is more than 20 yeas old, or more than 25 yeazs old if manufactwed after September I5, 1971, and is 20 feet wide or more, and the mobilehome does not comply with the health and safety standards provided in Sections 18550,18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as de- termined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. (c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with the con- struction and safety standazds under Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropri- ate enforcement agency, as defined in Section 18207 of the Hearth and Safety Code. (d) I[ is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its ac- ceptahility to the health and safety of the occupants and to the public, exclusive of its age. The management shall use reasonable discretion in determining the general eonditian of the mobilehome and its accessory structures. The management shall bear [he burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. The management of the park may not re- quire repairs or improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner. (e) The management shall not require a mobilehome to be re- moved from [he park, pwsuan[ to this section, unless the manage- ment has provided to the homeowner notice particularly specifying the condition that permits the removal of the mobilehome. 795.73.5 (a) In the case of a sale or transfer of a mobilehome that will remain in the pazk, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an acces- sory structwe that meet all of the following conditions: (1) Except as provided by Section 798.83, the repay or improve- ment is [o the mobilehome, its appurtenances, or an accessory s[mc- [we that is not owned and installed by the management. (2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes. (3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structwe that is not owned and installed by the management. (b) The management, in the case of sale or transfer of a mobilehome that will remain in the pazk, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory s[ruc- mrethat isnot owned and installed by the management no later than 10 business days following the receipt of a request for this informa- tion, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. (c) The provisions of this section enacted at the 1999-2000 Regular Session of the Legislatwe are declazative of existing law as they pertain to allowing park management to enforce park roles and regulations; these provisions specifically limit repairs and improve- ments that can be required of a homeowner by pazk management a[ the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency. 798.74. (a) The management may require the right of prior approval of a pwchaser of a mobilehomethat will remain in the park and that the selling homeowner orhis orher agent give notice of the sale to the management before the close of the sale. Approval cannot be withheld if the pwchaser has the financial ability to pay the rent and charges of the park unless the management reasonably deter- mines that, based on the pwchaser's prior tenancies, he or she will not comply with the rules and regulations of the pazk. In determining whether the pwchaser has [he financial ability to pay the rent and charges of the park, the management shall not require the purchaser [o submit copies of any personal income tax returns in order to ob- tainapproval for residency in the park. However, management may require the pwchaser to document the amount and sowce of his or her gross monthly income or means of financial support. Upon request of any prospective homeowner who proposes to pwchase a mobilehome that will remain in the park, management shall inform that person of the information management will require in order to determine if the person will be acceptable as a homeowner in the park. Within 15 business days of receiving all of the information requested from the prospective homeowner, the management shall notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application, and the reason if rejected. Dwing this 15-day period the prospective homeowner shall comply with the management's request, if any, for a personal interview. If the approval of a prospective homeowner is withheld for any reason other than those stated in this article, the management or owner may beheld liable for all damages proximately resulting therefrom. (b) If the management collects a fee or charge from a prospec- tivepurchaser of a mobilehomb in order to obtain a financial report or credit raring, the full amount of the fee or charge shall be credited toward payment of the firs[ month's rent for that mobilehome pw- chaser. If, for whatever reason, the prospective pwchaser is rejected l4 by the management, the management shall refund [o the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. 798.74.4. The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclo- sure requirements and provisions set forth in Article I.5 (commenc- ing with Section 1102) of Chapter 2 of Title 4 of Part 4 of the Civil Code. The requirements include, but are not limited to, the use of the Manufactured Home and Mobilehome Transfer Disclosure State- mentset forth in Section 1102.6d of the Civil Code. 798.74.5 (a) Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome park, if the management has been advised that the mobilehome occupying that space is for sale, the management shall give the prospective homeowner a separate document in at least 12-point type entitled "INFORMATION FOR PROSPECTIVE HOMED WNERS,"which includes the following state- ments: "As a prospective homeowner you aze being provided with certain information you should know prior to applying for tenancy in a mobilehome park. This is not meant to be a complete list of informa- tion.Owning ahome m amobilehome park incorporates the dual role of"homeowner" (the owner of the home) and park resident or tenant (also called a "homeowner" in the Mobilehome Residency Law). As a homeowner under the Mobilehome Residency Law, you will be responsible for paying the amount necessary to rent the space for your home, in addition to other fees and charges described below. You must also follow certain rules and regulations to reside in the park. If you are approved for tenancy, and your tenancy commences within the next 30 days, your beginning monthly rent will be $ (must be completed by the management) for space number (must be completed by the management). Additional information re- gardingfuture rent or fee increases may also be provided. In addition to the monthly rent, you will be obligated to pay to the park the following additional fees and chazges listed below. Other fees or charges may apply depending upon your specific requests. Metered utility charges are based on use. (Management shall describe the fee or charge and a good faith estimate of each fee or charge.) Some spaces are governed by an ordinance, rule, regulation, or initiative measure that limits or restricts rents in mobilehome parks. Long-term leases specify rent increases during the term of [he lease. By signing a rental agreement or lease for a term of more than one year, you may be removing your rental space from a local rent control ordinance during the term, or any extension, of the lease if a local rent control ordinance is in effect for the area in which the space is lo- cated. Afully executed lease or rental agreement, or a statement signed by [he park's management and by you stating that you and the management have agreed to the terms and conditions of a rental agreement, is required to complete the sale or escrow process of the home. You have no rights to tenancy without a properly executed lease or agreement or that statement. (Civil Code Section 798.75) If the management collects a fee or charge from you in order to obtain a financial report or credit rating, the full amount of the Fee or charge will be eithercredited towazd your fast month's rent or, if you are rejected for any reason, refunded to you. However, if you are ap- proved by management, but, for whatever reason, you elect not to purchase the mobilehome, the management may retain the fee to defray its administrative costs. (Civil Code Section 798.74) We en- courage you [o request from management a copy of the lease or rental agreement, the pazk's rules and regulations, and a copy of the Mobilehome Residency Law. Upon request, park management will provide you a copy of each document. We urge you to read these documents before making the decision that you want to become a mobilehome park resident. Dated: Signature of Park Manager: Acknowledge Receipt by Prospective Homeowner: (b) Management shall provide a prospective homeowner, upon his or her request, with a copy of the roles and regulations of the park and with a copy of this chapter. (c) This section shall become operative on October 1, 2004. 798.75. (a) An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the pazk, shall contain a copy of either a fully executed rental agreement or a statement signed by the park's management and the prospective homeowner that the parties have agreed [o the terms and conditions of a rental agreement. (b) In the event the purchaser fails to execute the rental agree- ment, the purchaser shall not have any rights of tenancy. (c) In the event that an occupant of a mobilehome has no rights of tenancy and is not otherwise entitled to occupy the mobilehome pursuant to this chapter, the occupant is considered an unlawful occupant if, aRer a demand is made for the surrender of the mobilehome park site, for a period of five days, the occupant refuses [o surrender the site to the mobilehome park management. In the event the unlawful occupant fails to comply with the demand, the unlawful occupant shall be subject to the proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure. (d) The occupant of the mobilehome shall not be considered an unlawful occupant and shall not be subject to the provisions of subdivision (c) if all of the following conditions aze present: (1) The occupant is the registered owner of the mobilehome. (2) The management has determined that the occupant has the financial ability to pay the rent and charges of the park; will comply with the roles and regulations of the park, based on the occupant's prior tenancies; and will comply with this article. (3) The management failed or refused to offer the occupant a rental agreement. 798.75.5. (a) The management shall provide a prospective ho- meownerwith acompleted written disclosure form concerning the park described in subdivision (b) at least three days prior to execu- tion of a rental agreement or statement signed by the pazk manage- mentand the prospective homeowner that the parties have agreed [o the terms and conditions of the rental agreement. The management shall update the information on the disclosure form annually, or, in the event of a material change in the condition of the mobilehome park, at the time of the material change in that condition. (b) The written disclosure form shall read as follows: 15 .u.:..~ as ~~+a.. wrx.re®~~.vrora"`~T.n.r ~~.;.~ ~.w,- - - ~-- .. - 4,.. ~.. 798.76. The management may require that a prospective pur- chaser comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. 798.77. No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such waiver shall be deemed contrary to public policy and shall be void and unenforceable. 798.78. (a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death shall have the right to sell the mobilehome to a third party in accordance with the provisions of this article, but only if all the homeowner's responsibilities and li- abilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome and its premises which have arisen since the death of the homeowner have been satisfied as they have accmed pwsuant to the rental agreement in effect at the fuse of the death of the homeowuer up until the date the mobilehome is resold. (b) In the event that the heir, joint tenant, or personal represen- tative of the estate does not satisfy the requirements of subdivision (a) with respect to the satisfaction of the homeowner's and liabilities to the management which accrue pursuant to the rental agreement in effect at the time of the death of the homeowner, the management shall have the right to require the removal of the mobilehome from the park. (c) Prior to the sale o} a mobilehome by an heir,joint tenant, or personal representative of the estate, that individual may replace the existing mobilehome with another mobilehome, either new or used, or repair the existing mobilehome so that the mobilehome to be sold complies with health and safety standards provided in Sections 18550, 18552, and 18605 of the Health and Safety Code, and the regulations established thereunder. In the event the mobilehome is to be re- placed, the replacement mobilehome shall also meet careen[ stan- dards of the park as contained in the pazk's most recent written requirements issued to prospective homeowners. (d) In the event [he heir, joint tenant, or personal representa- rive of the estate desires to establish a tenancy in [he park, that individual shall comply with those provisions of this article which identify the requirements for a prospective purchaser of a mobilehome that remains in the park. 798.79. (a) Any legal owner or junior lienholder who fore- closes on his or her security interest in a mobilehome located in a mobilehome park shall have the right to sell the mobilehome within the pazk to a third party in accordance with [his article, but only if all of the homeowner's responsibilities and liabilities to the manage- ment regarding rent, utilities, and reasonable maintenance of a mobilehome and its premises are satisfied by the foreclosing credi- tor as they accrve through the date the mobilehome is resold. (b) In the event the legal owner or junior lienholder has re- ceivedfrom the management a copy of the notice of termination of tenancy for nonpayment of rent or other charges, the foreclosing creditoi s tight to sell the mobilehome within the park to a thud party shall also be governed by Section 798.56a. 798.80. (a) Not less than 30 days nor more than one year prior [o an owner of a mobilehome park entering into a written listing agreement with a licensed real estate broker, as defined in Article 1 (commencing with Section 10130) of Chapter 3 ofPart 1 of Division 4 of the Business and Professions Code, for the sale of the pazk, or offering to sell the pazk to any party, the owner shall provide written notice of his or her intention to sell the mobilehome park by first- class mail or by personal delivery to the president, secretary, and treasurer of any resident organization formed by homeowners in the mobilehome park as a nonprofit corporation, pursuant to Section 23701 v of the Revenue and Taxation Code, stock cooperative corpo- ration, or other entity for purposes of converting the mobilehome pazk to condominium or stock cooperative ownership interests and for purchasing the mobilehome pazk from the management of the mobilehome park. An offer to sell a pazk shall not be construed as an offer under this subdivision unless it is initiated by the pazk owner or agent. (b) An owner of a mobilehome park shall not be required [o comply with subdivision (a) unless the following conditions are met: (1) The resident organization has first famished the park owner or pazk manager a written notice of the name and address of the president, secretary, and treasurer of the resident organization to whom the notice of sale shall be given. (2) The resident organization has first notified the park owner or manager in writing that the pazk residents aze interested in pur- chasingthe park. The initial notice by the resident organization shall be made prior to a written listing or offer to sell the park by the park owner, and [he resident organization shall give subsequent notice once each year thereafter that the park residents are interested in purchasing the park. (3) The resident organization has famished the park owner or park manager a written notice, within five days, of any change in the name or address of the officers of the resident organization to whom the notice of sale shall be given. (c) Nothing in [his section affects the validity of title to real property transferred in violation ofthis section, although a violation shall subject the seller [o civil action pursuant to Article 8 (corrtmenc- ingwith Section 798.84) by homeowner residents of the pazk or the resident organization. (d) Nothing in this section affects the ability of a licensed real estate broker, as defined inAriicle 1(commencing with Section 10130) of Chapter 3 of Part 1 of Division 4 of the Business and Professions Code, to collect a commission pursuant to an executed contract be- tweenthe broker and the mobilehome park owner. (e) Subdivision (a) does not apply to any of the following: (1) Any sale or other transfer by a park owner who is a natwal person to any relation specified in Section 6401 or 6402 of the Pto- 16 bate Code. (2) Any transfer by gift, devise, or operation of law. (3) Any transfer by a corporation to an affiliate. As used in this paragraph, "affiliate" means any shazeholder of the transferring cor- poration, any corporation or entity owned or controlled, directly or indirectly, by the transferring corporation, or any other corporation or entity controlled, directly or indirectly, by any shazeholder of the transferring corporation. (4) Any transfer by a partnership to any of its partners. (5) Any conveyance resulting from the judicial or nonjudicial foreclosure of a mortgage or deed of trust encumbering a mobilehome park or any deed given in lieu of such a foreclostre. (6) Any sale or transfer between of among joint tenants or tenants in common owning a mobilehome park. (7) The purchase of a mobilehome park by a governmental entity under its powers of eminent domain. 798.81. The management (I) shall not prohibit the listing or sale of a used mobilehome within the pazk by the homeowner, an heir, joint tenant, or personal representative of the estate who gains own- ership of amobilehome inthe mobilehome pazk through the death of the owner of the mobilehome who was a homeowner at the time of hisor her death, or the agent in the sale of a mobilehome as a condi- tion of approval of the buyer or prospective homeowner for resi- dency in the park. 798.82. The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or mobilehome on a space, on which the construction of the pad or foundation system com- mencedafter September 1,1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the maztufac[uted home or mobilehome may be subject to a school facili- [iesfee under Sections 53080 and 53080.4 of, and Chapter 4.9 (com- mencingwith Section 65995) ofDivision 1 ofTi[le 7 of, the Govem- mentCode. 798.83. In the case of a sale or transfer of a mobilehome that will remain in the pazk, the management of the pazk shall not require repairs or improvements to the pazk space or property owned by the management, except for damage caused by the actions of negligence of the homeowner or an agent of the homeowner. Article S. Actions, Proceedings, and Penalties 798.84. (a) No action based upon the management's alleged failure to maintain the physical improvements in the common facili- ties in good working order or condition or alleged reduction of ser- vice may be commenced by a homeowner unless the management has been given at least 30 days' prior notice of the intention to commence the action. (b) The notice shall be in writing, signed by the homeowner or homeowners making the allegations, and shall notify the manage- ment ofthe basis of the claim, the specific allegations, and the rem- edies requested. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of [he homeowners in the park. (c) The notice may be served in the manner prescribed in Chap- ter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure. (d) For purposes ofthis section, management shall be deemed to be notified of an alleged failure to maintain the physical improve- ments inthe common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency. (e) If the notice is served within 30 days ofthe expiration of the applicable statute of limitations, the time for [he commencement of the action shall be extended 30 days from the service of the notice. (f) This section does not apply to actions for personal injury or wrongful death. 798.85. In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney's fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. 798.86. (a) If a homeowner or former homeowner of a pazk is [he prevailing party in a civil action, including a small claims court action, against the management to enforce his or her rights under this chapter, the homeowner, in addition to damages afforded by law, may, in the discretion of the court, be awarded an amount not to exceed two thousand dollars ($2,000) for each willful violation ofthis chapter by the management. (b) A homeowner or former homeowner of a park who is the prevailing party in a civil action against management to enforce his or her rights under this chapter may be awazded either punitive dam- ages pursuant to Section 3294 of the Civil Code or [he statutory penalty provided by subdivision (a). 798.87. (a) The substantial failure of the management to pro- vide and maintain physical improvements in the common facilities m good working order and condition shall be deemed a public nui- sance. Notwithstanding Section 3491, this nuisance may only be remedied by a civil action or abatement. (b) The substantial violation of a mobilehome park rule shall be deemed a public nuisance. Notwithstanding Section 3491, this nui- sance may only be remedied by a civil action or abatement. (c) A civil action pursuant to this section maybe brought by a pazk resident, [be park management, or in the name of the people of the State of California, by any ofthe following: (1) The district attomey or the county counsel of the jurisdic- tion in which the park, or the greater portion of the pazk, is located. (2) The city attomey or city prosecutor if the park is located within thejurisdiction of the city. (3) The Attorney General. 798.88. (a) In addition to any right under Article 6 (commenc- ing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable rule or regulation of a mobilehome park may be enjoined from the violation as provided in this section. (b) A petition for an order enjoining a continuing or recurring violation of any reasonable rnle or regulation of a mobilehome park maybe filed by the management thereof with the superior court for the county in which the mobilehome park is located. At the time of filing the petition, the petitioner may obtain a temporary restraining order in accordance with subdivision (a) of Section 527 of the Code of Civil Procedure. A temporary order restraining the violation may be granted, with notice, upon the petitioner's affidavit showing to the satisfaction of the court reasonable proof of a continuing or recurring violation of a mle or regulation ofthe mobilehome park by the named homeowner or resident and that great or irrepazable harm would result to the management of other homeowners or residents of the park from continuance or recurrence of the violation. (c) A temporary restraining order granted pursuant to this sub- division shall be personally served upon the respondent homeowner or resident with the petition for injunction and notice of hearing thereon. The restraining order shall remain in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court. 17 (d) Within IS days of filing the petition for an injunction, a hearing shall be held thereon. If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. The duration of the injunction shall not exceed three yeazs. (e) However, not more than three months prior to the expiration of an injunction issued pursuant to this section, the management of the mobilehome pazk may petition under this section for a new in- junction where there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome park's rules upon termination of the injunction. (f) Nothing shall preclude a party to an action under this sec- tion from appearing through legal counsel or in propria persona. (g) The remedy provided by this section is nonexclusive and nothing in this section shall be construed to preclude or limit any rights the management of a mobilehome pazk may have to terminate a tenancy. Article 9. Subdivisions, Cooperatives, and Condominiums 799. As used in this article: (a) "Ownership or management" means the ownership or man- agement of a subdivision, cooperative, or condominium for mobilehomes, or of a resident-owned mobilehome pazk. (b) "Resident" means a person who maintains a residence in a subdivision, cooperative, or condominium for mobilehomes, or a resi- dent-owned mobilehome pazk. (c) "Resident-owned mobilehome park" means any entity other than a subdivision, cooperative, or condominium for mobilehomes, through which [he residents have an ownership interest in the mobilehome park. 799.1. This article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or condo- minium for mobilehomes, or a resident-owned mobilehome pazk in which his or her mobilehome is located or installed. In a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, Articles 1(commencing with Section 798) to 8 (com- mencingwith Section 798.84), inclusive, shall apply only to a resi- dent who does not have an ownership interest in the subdivision, cooperative, or condominium for mobilehomes, or the resident-owned mobilehome park, in which his or her mobilehome is located or in- stalled. 799.1.5. A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the resident of the mobilehome who was a resident at the time of his or her death, or the agent of any of those persons, may advertise the sale or exchange of his or her mobilehome or, if not prohibited by the terms of an agreement with the management or ownership, may advertise the rental of his or her mobilehome by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Any such person also may display a sign conforming to these requirements indicating that the mobilehome is on display for an "open house," unless the park rules prohibit the display of an open house sign. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent. The sign face may not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome pursuant to this section may be ofan H-frame or A-frame design with the sign face perpendicular to, but not ex- tending into, [he street. A homeowner or resident, or an Heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death ofthe resident of the mobilehome who was a resident a[ the time of his or her death, or [he agent of any of those persons, may attach to the sign or their mobilehome robes or holders for leaflets [hat provide information on the mobilehome for sale, exchange, or rent. 799.2. The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident's written authorization. The authorization shall specify the terms and conditions regarding the showing or listing. Nothing contained in this section shall be constmed to affect the provisions of the Health and Safety Code governing the licens- ing ofmobilehome salesmen. 799.2.5. (a) Except as provided in subdivision (b), the owner- ship or management shall have no right of entry [o a mobilehome without the prior written consent of the resident. The consent may be revoked in writing by the resident a[ any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and drive- ways, for maintenance of the premises in accordance with the rules and regulations of the subdivision, cooperative, or condominium for mobilehomes, orresident-owned mobilehome park when the home- owner orresident fails [o so maintain the premises, and protection of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with [he resident's quiet enjoyment. (b) The ownership or management may enter a mobilehome without [he prior written consent of the resident in case ofan emer- gency or when the resident has abandoned the mobilehome. 799.3. The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condo- miniumfor mobilehomes, orresident-owned mobilehome park in the event of its sale to a third party. 799.4. The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain m [he subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park and that the selling resident, or his or her agent give notice of the sale to the ownership or management before the close of the sale. Approval cannot be withheld if the purchaser has [he financial ability to pay the fees and charges of the subdivision, cooperative, or condominium for mobilehomes, or resi- dent-owned mobilehome park unless the ownership or management reasonably de[errrrines [hat, based on the purchaser's prior residences, he or she will not comply with the rules and regulations of the subdi- vision, cooperative, or condominium for mobilehomes, or resident- ownedmobilehome park. 799.5. The ownership or management may require that a pur- chaser of amobilehome that will remain m the subdivision, coopera- tive, orcondominium for mobilehomes, orresident-owned mobilehome pazk comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the provisions of the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. 799.6. No agreement shall contain any provision by which [he purchaser waives his or her rights under [he provisions of this ar- ticle. Any such waiver shall be deemed contrary to public policy and void and unenforceable. 799.2 The ownership or management shall provide, by pos[- ingnotice onthe mobilehomes of all affected homeowners and resi- dents, at least 72 hours' written advance notice ofan interruption in utility service ofmore than two hours for the maintenance, repair, or replacement of facilities of utility systems over which the manage- menthascontrol within the subdivision, cooperative, or condominium 18 for mobilehomes, or resident-owned mobilehome pazk, if the inter- ruption is no[ due to an emergency. The ownership or management shall be liable only for actual damages sustained by a homeowner or resident for violation of this section. "Emergency," for purposes of this section, means the interrup- tion ofutility service resulting from an accident or act of nature, or cessation of service caused by other than the management's regular or planned maintenance, repair, or replacement of utility facilities. 799.8. The management, at [he time of an application for resi- dency, shall disclose in writing to any person who proposes [o pur- chase or install a manufactured home or mobilehome on a space or lot, on which [he construction of the pad or foundation system com- mencedafter September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied, that the manufactured home or mobilehome maybe subject to a school facili- ties fee under Sections 53080 and 53080.4 of, and Chapter 4.9 (com- mencingwith Section 65995) of Division 1 of Title 7 of, the Govem- men[ Code. 799.9. (a) A senior homeowner may share his or her mobilehome with any person 18 years of age or older ifthat person is providing live-in health Gaze, live-in supportive Gaze, or supervision to [he homeowner pursuant [o a written treatment plan prepared by a physician and surgeon. A fee shall not be charged by management for that person. That person shall have no rights of tenancy in, and shall comply with the roles and regulations of, the subdivision, co- operative, or condominium for mobilehomes, or resident-owned mobilehome park. As used in this subdivision, "senior homeowner" means a homeowner or resident who is 55 years of age or older. (b) A senior homeowner who resides in a subdivision, coop- erative, or condominium for mobilehomes, or a resident-owned mobilehome park, that has implemented rules and regulations limit- ing residency based on age requirements for housing for older per- sons, pursuant to Section 799.5, may share his or her mobilehome with any person ] 8 yeazs of age or older if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health Gaze, live-in supportive care, or supervision pursuant to a written treatment plan prepared by a physician and surgeon. A fee shall not be charged by management for that person. Unless otherwise agreed upon, the management shall not be required to manage, supervise, or provide for this person's care during his or her stay in the subdivision, cooperative or condominium for mobilehomes, or resident-owned mobilehome pazk. That person shall have no rights of tenancy in, and shall comply with the rules and regulations of, the subdivision, cooperative, or condominium for mobilehomes, or resi- dent-owned mobilehome park. As used in this subdivision, "senior homeowner" means a homeowner or resident who is 55 years of age or older. 799.10. A resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative, referendum, or recall process in the window or on the side of a manufactured home or mobilehome, or within [he site on which the home is located or installed. The size of the face of apolitical sign may not exceed six squaze feet, and the sign may not be displayed in excess of a period of time from 90 days prior to an election to 15 days following the election, unless a local ordinance within [hejurisdictiontyhere the manufactured home or mobilehome subject to this article is located imposes a more restrictive period of time for [he display of such a sign. In the even[ of a conflict between the provisions of this section and the provisions of Title 6 (com- mencingwith Section 1350) ofPart 4 of Division 2, relating to the size and display of political campaign signs, the provisions of this sec- tionshall prevail. 19 '`7 ": ~: >~\[~rTA ROSi~~ SUMMARY OF MOBIIEHOME RENT CONTROL SANTA ROSA CITY CODE CHAPTER 6-66 (SRCC 6-66) February 1, 2008 This summary is intended as a brief overview of some of the provisions of [he City Code of Mobilehome Rent Control. Full fext of SRCC 6-66 is available upon request. or on the City website at: htpp://srcity.org > Economic Development 6 Housing > Mobilehomes > City Code of Mobilehome Rent Control The City's Department of Economic Development and Housing administers the City's Mobilehome Rent Control Program. The staff contact is Marjorie Jackson, (707) 543-3301, miackson(a~srcitv.org. Rent control applies only to spaces which have a rental agreement term of 12 months or less. Permitted Rent Increases Once within a 12-month period, a park owner may implement a Consumer Price Index (CPI) rent increase, or a fair return rent increase, but not both. An in-place transfer rent increase may be implemented at any time during the year. Annual CPI Rent Increase Once in a 12-month period the rent charged for mobilehcme spaces subject to rent control may increase by the amount of the annual percentage change in August of the CPI, provided it does not exceed 6%. The annual CPI percentage change in August, 2007 was 2.6%. If a mobilehome park owner has received approval for a rent increase upon an in-place transfer of ownership of a mobilehome, then the annual CPI increase for all spaces in the park subject to rent control may be calculated using the higher of either the maximum base rent allowed for in-place transfers (listed below) or the actual rent of the space at the time of the increase. Permitted Rent Increases Upon an In-Place Transfer of Ownership of a Mobilehome The only mobilehome parks in the City allowed to increase rent upon an in-place transfer of ownership of a mobilehome are listed below. Orly two increases are allowed: the lesser of $50 per month upon the first and second transfer, or the maximum base rent currently approved as listed below. After two rent increases are implemented on the same space, no further increase is allowed upon the transfer of a mobilehome on that site. Effective February 1. 2008, Maximum Base Rent Allowed Uoon an In-Place Transfer of Ownership of a Mobilefrorne Coddingtown $444.67 Rancho San Miguel $601.98 Journey's End $401.02 Rincon Valley $444.06 The Orchard $707.77 Santa Rosa Village $438.04 Rancho Cabeza $465.99 Woodcrest $542.92 The maximum base rent listed above has been adjusted by 2.6% to reflect the August, 2007 CPI annual percentage change. Other park owners in the City either did not apply for an in-place transfer rent increase, or were not granted an increase, therefore, are not permitted to increase rents upon an in-place transfer of ownership of a mobilehome. H \Common\Mobilehome\Farms-Masters\Summary_MH-RentControl_20CBFebt .doc Summary of Mobilehome Rent Control (SRCC 6-66) Page 2 of 3 The in-place transfer rule does not apply when a homeowner is evicted, when a homeowner voluntarily and permanently removes the mobilehome; or when new spaces are first rented. If these types of vacancies occur, the base rent for these spaces may be set by the park owner. Fair Return Rent Increase If a park owner provides evidence which proves the owner is being denied a fair return by the operation of rent control, an Arbitrator may authorize an increase in rents based upon the fair return procedure and method of determination outlined in the City Code of Mobilehome Rent Control. Options for Tenancy For Prospective Homeowners A Prospective Homeowner Disclosure Statement form shall be signed by each prospective homeowner upon making application to the park for tenancy. The disclosure will inform them of their tenancy options and requires the park owner to provide a copy of the City Code of Mobilehome Rent Control and other information. A prospective homeowner shall have the right to select a lease or rental agreement of 12 months or less which will be subject to the City's rent control limitations. Long-term leases of 13 months or more may also be offered, and are not subject to rent control. If a mobilehome seller's lease has existing provisions for the lease to be assigned, then the option for tenancy subject to rent control is not required. A park owner cannot require an amendment to an assigned lease which would increase the rent or change the terms of the annual rent increase provision of the lease upon the sale of the mobilehome. Capital Improvement and Replacement Pass Throughs Capital improvement costs, including reasonable financing costs, may be passed through to the residents if a majority of homeowners occupying spaces affected by the pass through consent to the improvement. A capital improvement pass through may be implemented at any time during the year. Capital replacement costs, including reasonable financing costs, may be passed through to the residents. If 50% of the spaces subject to rent control in a park, or 50 spaces, whichever is less, sign a petition objecting to the pass through, an Arbitrator will hold a hearing to determine if it should be allowed, disallowed, or decreased. A capital replacement pass through may be implemented only on the effective date of the annual CPI rent increase or fair return rent increase. Government Mandated Expenses A government mandated expense may be passed through to the residents. If 50% of the spaces subject to rent control in a park, or 50 spaces, whichever is less, sign a petition objecting to the pass through, an Arbitrator will hold a hearing to determine if it should be allowed, disallowed, or decreased. A government mandated expense pass through may be implemented at any time during the year. Utilities A park owner may separately pass through to the residents charges for all utilities, including, but not limited to sewer, water, garbage, cable TV, gas and electricity, and any increases in such charges. Water, gas and electric utilities which are not separately metered cannot be passed through, but may be charged as additional rent. Administrative Fee for Rent Control The cost for the City to administer this program shall be paid by the park owner. The park owner may H1Common\Mobilehome\Forms-Masters\Summary_MH-RentCon(rol_20D8Feb 1.doc Summary of Mobilehome Rent Control (SRCC 6-66) Page 3 of 3 pass through to the affected homeowners one-half of this fee, which is assessed each year. A portion of the fee will pay for most Arbitrations. Rent Freeze and Rent Roll Back If a petition has been received from 50% of the affected homeowners, or 50 spaces, whichever is less, an Arbitrator will hold a public hearing and may prohibit future rent increases for those spaces subject to rent control, upon the Arbitrator's determination that maintenance of a park has been substantially reduced. An Arbitrator may prohibit future rent increases, or order a rent roll back, if it is determined a park owner has instituted a rent increase inconsistent with the City Code. Refusal to Pay Illegal Rent A homeowner may refuse to pay rent in excess of the maximum rent allowed. City Ordinance history of the City Code of Mobilehome Rent Control (SRCC 6-66): Ordinance No. Effective "x648 Mar 5, 2004 3540 Nov 2, 2001 3491 Aug 29, 2000 3480 Jul 28, 2000 3469 Apr 21, 2000 3376 Aug 29, 1998 3360 Apr 24, 1998 3281 Nov 1, 1996 3255 May 3, 1996 3243 Mar 22, 1996 3219 Nov 3, 1995 3217 Oct 27, 1995 3213 Oct 6, 1995 3072 Sep 17, 1993 The City of Santa Rosa does not discriminate on the basis of disability in the admissions or access to. or treamtent of or employment in. its programs or activities. Requests for alternate formats may he made 67 contacting Marjorie Jackson at (707) 543-3301. This information can also be accessed via the interne[ at httn:r~~c~cwsrcih.ore. DEPARTMENT OF ECONOMIC DEVELOPMENT AND HOUSING 90 Santa Rosa Avenue, P.O. Box 1806, Santa Rosa, California 95402-1806 (707) 543-3300 Tel ~ (707) 543-3317 Fax • (707) 543-3318 TDD HaCommon\Mobilehome\Forms-MasterslSummary_MH-RentControl_2008Feb 1.doc Jan.~31 c^f~09 1. c.: '.C -' '_FSE?JET ~RX -- p. 10 Ctulpter G-66 RF.DiT CONIROIr-t~10BII.F1~OME5 ~- - --- - Page 1 of 10 Santa Rosa City Code Up Previous Next Main , Collapse Search Print No Frames T.dle_6.O~jN[~S.SA~E~~t4CENSES Af~.D jt~Gyl ~-T,QiJS Chapter 6-66 RENT CONTROL-MOBILEHOMES • Prior ordinance history: 3072, 3213, 3214, 3243, 3255, 3281, 3360, 3376, 3469, 3480, 3491, 3540. 6-66.030 Findings and Durpose. (A) The State of Ca10'ornia has recognized, by the adoption of special legislation rogulating tenancies of mobilehame owners in mobilehame parks, that droro is a significant distinction between homeowners in mobilehoma parks and other dwelling units, and the State likewise has recognized that homeowners in mobilehoma parks, unlike apartment tenants or residents of other rental stack, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased as distinguished from owned. The physical removal end relocation of a mobilohome from a rented or leased space within a mobilehoma park can be accomplished only at substantial cost and inconvenience with a limited concurrent ability to fmd another location and, in many instances, the removal requires a separffiion of the mobilehame unit from appurtenances which have been made permanent, thus creating severe damage and depreciation in value to the mobilehame. As a result ofthe absence of vacant spaces that are notnew, it Is virtually impossible for mobilehame owners to move their mobrlahomes from one park to another within the City. (B) There is presently witliln the City and the surrounding areas a shortage of sites tnr the placement of mobilehomes. (C) Mobilehomes prosendy constitute an important source ofhousing forpersons of low and moderate inwme, who as a group are unable to afford unreasonably large rant increases. (D) A large number of parsons living in mobilehomes are elderly, soma of whom live on small fviced incomes. These persons may expend a substantial portion of their income on rent and may not be able to afford other housing within the City. (1?) There is an extremely law vacancy rate in mobilehame parks within the City, with no sites presently available in some or 31? of the moMlehome parks. This condition enables owners to impose unreasonably largo rent increases. (F) Rents for sites within mobilehoma parks have, prior to the adoption of rent control, increased substantially within the City and other areas of the State. In some mobilehame parks, rent increases in the five years prior to 1993 were substantially in excess of the incroases in the Consumer Price Index (G) Mobilehome owners residing in mobilehame parks have vary limited mobility tx:cause it is difficult and costly to move mobilehomes; such mobilehame owners may be fomd to accept and pay unreasonably increased rents. (II) Studies end hearings have shown that there is presently, within the City and surrounding areas, a shortage of spaces for the location of mobilehoma&, resulting in an exremely low vacancy rate. Space rent increases ffi the time of sale or other transfer of a mobilehame within a park have been shown to be substantialy over the pre-transfer rent. Such large rent increases at the time of sale of a mobilehoma may unfairly depress the sales price ofthe mobilehame and work an economic hardship on the mobilehame arvner. The annual rent increases and vacancy control provisions of this chapter prevent this acoriomic hardship while protecting the property rights of owners. (n ]tepidly rising and large incremental increases in space rent prior to rent control resulted in an atypical market depression im the resale value of mobilehomes within the City.. (~ Because of the space shortage and potetttial for rapidly rising rents, regulation is necessary to assure that economic hardship to a substantial number of mobilehoma owners in the City, many of whom are senior citizens on low fixed incomes, does not occur. ~TQ 1t is the propose of this chapter to establish a speedy and efficient method of reviewing certain requested mobilehame Jan '31. 2008 lc^^: SO ~p '_P9=<.:'-' •-~~}{ c. _. Chapter G-66 RIiNT COPl'IROL--MOB]LI~HOMES Page 2 of ]0 space rent increases in mobilehome parks m protect mobilehome owners from arhitmry, capricious or unreasonable site rem adjustments while Ensuring owner; and/or operators mrd investors a fair and reasonable return. It is not the purpose of this chapter to preserve affordable housing, but rather to allow reasonable annual rent increases which protect mobilehome owners while providing a fair return to owners. (Ord. 3648 § 1 (part), 2004) . 6-66.020 DeAnitlons. _ For the purpose ofthis chapter, the following words, terms sad plusses shall be defimed as follows: (A) "Affected mobilehome owners" means those mobilehome owners whose space is not covered by a valid lease meeting the requiroments of section 798.17(6) ofthe California Civil Code or otherwise legally exempt from local rent control regulation. (B) "Arbitrator" means a person who is neither a mobilehome owner nor has an interest in a mobilehome park of a nature that would requke disqualification under the provisions of the Political Reform Act if the person were a desigmted City employce, has experience in analysis of fnanciel records, and meets one of the following criteria: (1) Licensed attorney or CPA who has completed a formal course of training an arbitration; (2) Membership in the American Arbitration Association with' expertise in rental dispute arbitration; or (3) Service es a California judge. (C) "Capital improvement" means those improvements which directly and prunazily benefrt and serve the existing mobilehome owners by materially adding to the value of the park or adapting it to new uses, and which arc roquved to be amortized over the useful life of the improvements pursuant to the provision of the Internal Revenue Code. "Capital improvement costs" means all coats reasonably and necessarily related to the planning, engineering and conetmction of capital improvemens and shall include debt service coats, if any, incurred as a duect result of the capital improvement. Capital improvement dote not include ordinary maintenance or repairs., (D) "Capital replacement" means a capital expenditure as defined by the Internal Revenue Code which replaces.an existing improvement. For example, an asphalt overlay of an existlng roadway or parking lot is a capital replacement, a slurry seal of an existing roadway or parking lot is not. (E) "City" means the City of Santa Rosa, California. (P) "Clerk" means Clerk ofthe Santa Rosa Mobilehome Rent Control Program, who shall be the Director of Iioushtg and Redevelopment or hisl}ter designce. (Q) "Consurnet Price Index" ar "CPP' means the Consumer Price Index for al l urban consumers in the San Francisco/Oakland/San Jose area published by the Bureau of Labor Statistics. (II) "Department° means the Department of Housing aqd Redevelopment of the City of Santa Rosa (I) "MRL" means the California Mobilehome Residency Law. (1) "Mobilehome" means a structure, designed for human habitation and for being moved on a strcet or highway under permit pursuant to California Vehicle Code section 35790, including a trailer or recreational vehicle, as defined in California Civil Code section 798.3 as it rosy be amended from time to time. (It7 "Mobilehome park" or "pazk"means any area of lend within the City of Santa Rosa where two or more mobilehome spaces are rented, or held out for rerrt, to accommodate mobilehomes used for human habitation. (L) "Mobilehome space" means the site within a mobilehome park intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith. (M) "Mobilehome owner" means a person who is the owner of a mobilehome and legally occupies the mobilehome within a mobilehome park (I~ "Ovmer" means the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. (O) "Party" ae used in this chapter refers to any effected mobilehome owner andlor owner involved in proceedings underthis C'oapter 6-66 ILf~fT COT"IROIr-iYIO:BIL1i130:YfE5 Page 3 of 10 chapter. (P) "Prospective rnobiiehome owner" means a person ~rtto is in the process of negotiating a tenancy m a mobilehome park. (Q) "Rent" means the consideration paid for the use cr occupancy of a mobilehome space. (R) "Rent stabiliutien adminlsttation fee" means the fee established from time to time by resolution of the City Council in accordance with the provisions ofthe ordinance. (S) "Rent increase" means any increase in base rant charged by an owner to a mobilehome owner or offered to a prospective mobilehome owner. (Ord. 3648 § 1(part), 2004) 6-66.030 Base rent Except as provided in this chapter, an owner shell not demand, accept or retain rent for a mobilehome space exceeding the base rent which shall be the rent in effect for that space on September 1, 1993. L`a previously mined mobilehome space was not rented on September 1, 1993, the base rent shall not exceed the rent in effxt during the last month the space was reined prior to September I, 1993, except as provided in this chapter. For a mobilehome space first rented after September 1, 1993, the owner shell establish the base rem. For parks annexed into the City after September 17, 1993, the base rent shall be the rent charged on the date of a park's annexation imo the City. (Ord. 3648 § 1 (part), 2004) 6-66.040 Consumer Price Index utllltles and other pass throughs. (A) Consumer Price Indox. An owner, once in any ]2-month period, tnay impose a rent increase for a mobilehome space by 100 percent of the peroontage increase, if any, in the Consumer Price Index (CPn daring the most recent 12-month period ending in August; provided, however, the rental increase shall not exceed sixpereent of the previous rant charged for the space. If an owner has obtained a rent increase under subsection 6-6fi.050(B), the owner may calculate the rent increase allowed by this subsection based upon tho approved comparable rent as allowed in subsection 6-66,050(B) instead of upon the actual rent in effect at dte time of the increase. ' (B) Ifthe change in the CPI exceeds six percent for two consecutive years, the Clark shall review the maxitmtm rent increase and recommend an ordinance amendment if appropriate. (C) Govemmont Mandated Expense Pass Through. An owner may pass through to affected mobilehome owners any new or increase in government mandated capital expenditures and operating expenses including taxes (other than the two percent annual increase authorized by California Constitution Article XIIIA, section 2(b)) and assessments, fees and mandated expenses due to code changes subject m the following procedure: - (1) Upon a petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or 50 spaces, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of a gaver~ent mandated expense pass through to Query affected mobi]ehome ownea, tiro Arbitrator may disallow or decrease the proposed pass through based upon substantial evidence in the racard that the pass through is not legally proper, or excessive, or that dwing the pass through period the owner is including an unreasonably high financing cost and/or return on the expense being passed through. (D) Utilities. An owner tray separately pass through to a mobilehome ovmer charges for el] utilities, including, but not limited to, sewer, wakr, garbage, cable T.V., gas and electricity, and any increases in such charges (except water, gas and electric milkies which are not separately metered shall not be passed through, but may be charged as additional rout). Notwithstanding any provision to the contrary in this section, the owner shall not pass through any charge or expense for gas or electric service to the extantprohibited by section 739.5 of the Califomia Public iltilities Code. (E) Capital Improvement Pase Through. An owner may charge to the affected mobilehome owner as additional rent the pro rata share of new service and capital improvement costs including reasonabie financing costs i~ prior to initiating the service or incurring the capital improvement cost, the owner has: (1) Consulted with the mobilehome owners prior to initiating construction of the improvements or initiating the new service regarding the nature and purpose of the improvements or services and the estimated cost of the improvements or services; (2) Obtained the prior written consent of at least one adult mobilehome owner in each of a majority of the mobilehome fan ~2'. ~~'^_q l~:'.2 -- ---=2~=" -'-'X Chapter 6-66:q:E~IT' COl`'TROIT~MOBII,1?HOMES Pagr. 4 of 10 spaces wluch are occupied by the mobilehome owner w tht: proposed service or capita( improvement. Each space shall have only one vote. (~ Capital Replacement Pass Through. Notwithstanding the provision ofsubseetion E ofthis section, an ownermay charge to the mobilehome owner as additional rent the pro rata share of capital replacement coats including reaso»abla financing costs, if not otherwise prohibited by law, aubjoct to the following procedure; (1) The owner may Beak advance approval for the proposed pass through, before undertaking the capital project, by following the procedures set forth in Sections 6-66.100 to 6-66.]20. Ifthe increaea is approved by the Arbitrator, it shall not be effective until the next regularly scheduled annual rom increase date, provided that the 90-day notice is issued, the expense is actually incurred and that proper verification is submitted This verification shall include, at a minimum, proof of actual costs and payment to vendor. In the avant that the actual cost of the capital expense is less then the approved amount, the increase shall be adjusted to reflect this decreased amounT, (2) The owner shall give notice of the proposed pass through to each affected mobilehome owner no later than 12 months after completion of the capital replacement work; (3) Upon a petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rant control in a park or 50 spaces subject to rent control, whichever is less, and filed with the Clerk within 30 days of the data the owner gives notice of the pass through to every affected mobilehome owner, the Arbitmmr may disallow or decrease the pass through far capital replacements based upon substantial evidence in the rocord that the capital replacement was not necessary, or that the cost of the capital replacement was excessive, or that during the pass through period, the owner is including an unreasonably high financing cost and/or return on the expanse being passed through. The owner shall have the burden of proving the necessity for and reasonable cost of the capital replacements. In determining whether the owner has met its burden of proving the necessity for and reasonable coat of the capital replacement, the Arbitrator may consider, among other factors, the reasonableness of the owner's history of maintenance ofthe property or improvement to be replaced. The Arbitrator's review will include, but not necessarily be limited to, the records reflecting Past maintenance work and the cost. (G) All charges passed through by the owner to rite mobllehome owners pursuant to subsection C and D of this:section and additional rent charged pursuant to subsections E and F of this section must be separate from the base rent and listed separately. ' All billings used to calculate a pass tbrouglt or additional rent to mobilehome owners must ba disclosed within a reasonable time uponrcquestbyamobilehome owner. (Fi) Notice. A written notice of each rant increase or new or increased capital improvemem or capital replacement pass through charge made under the.provisions of this section shall be filed by the owner with the Clerk, and provided to each affected mobilehome owner, ffi less( 90 days before the rent increase goes into effect or as required by the MRI.. The notice shall identify the perk and shall specify the dollar amoum of the itrerease, the percentage of the increase, an itemization of all new or increased pass throughs and additional rent charges, the specific space affected, the date the increase will go into effect, how each increase was calculated, and the date the rent on each affected space was last increased. The notice shall also advise each affected mobilehome owner of soy right to petition for review of a proposed root increase and that a petition form may ba requested from the Clet),C. (Ord 3648 § 1 (pert), 2004) 8-88.050 In-place transfer rent increases-Establishment of new base rent. (A) Whenever either of the following events occurs, an owner shall be permitted to charge a new base rent for the mobilehome space as provided in this section: (1) The termination ofthe tenancy of the affected rnabilahome owner in accordance with the MRL (California Civil Code sections 798.55 through 798.60, as amended, excepting section 798.59); or (2) The vohmtary permanent removal of a mobilehome by a mobilehome owner. A removal of the mobilehome from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobilehome shag not constifute a voluntary removal of the mobilehome. (B) An owner who applied for, in 1995, and received approval for a base rent increase upon an in-place transfer of ownership of a mobilehamo, tray implement a maximum of two increases on the same space. Each increase shall be the lesser of $SOAO per month or the approved base rent as adjusted each year by ]00 percent of the August GPI. The parks affected by this provision are Cha.ptez ti-6612ENT CON1'ROIr-MOSIL,EI TOMES Pagr_ 5 ~af 10 Ccvldmgown Mobile Estates, Journey's End, The Orchard, Rancho Cabeza, Rancho San Miguel, Rincon Valley, Santa Rosa Village and Woodereat. (C) An owner may not condition an in-place transfer of a mobilehome or condition assignment of an existing lease t~ a prospective mobilehome owtter, upon agreement to an increased rant in anticipation of the in-place transfer. This subsection shall not apply to specific conditions included in a lease exempt from rant control which allows an owner to condhien assignment in a manner pmhib ited by this section. For purposes of this subsection, "a Icase exempt from rent contra I" means a lease mating, in all respects, the criteria of subdivision (b) of the MRL, California Civil Code section 798.17, as such criteria are presently enacted or may hereafter be amended. (Ord. 3648 § 1 (part), 2004) 6-86.080 Fair return rent in~sas. If an owner presents evidence to the Arbitrator, including any fmamcial records requested by the Arbitramr, which proves that the owner is denied a fair return by the rent control provisions of this chapter, the Arbitrator may authorize an increase in remts as deemed appropriate by the Arbitrator to provide a fair return to the owner. The Arbitrator shall use the method set forth in subsection 6-66.I20(C) to determine [he fair return. (Ord. 3648 § 1 (part), 2004) 6-66.070 Rent freeze or rent rollback. (A) Upon the petition signed by one adult mobilehome owner of 50 percent of rho spaces subject to tent control in a park or 50 spaces subject to rota control, whichever is lass, the Arbitrator may prohibit future rent ineroasee for spaces governed by this chapter, upon its determination that maintenance by the owner has been substantially reduced. The determination shall be based upon substantial evidence in the record. The prohibtdon may be continued until the Arbitrator determines that maintenance by the owner has ban restored to a reasonable level. (B) Upon petition by one or more affected mobilehome owners, an Arbitrator may prohibit future real increases, or order a rollback of the existing mat as to those petitioners, upon its determination that after September 1, 1993, an owner instituted a rent increase inconsistent with the criteria established by this chapter. The determination shall be based upon subsmntial evidence in the record The pmhibhion tray be cominued until the Arbitrator determines that the rent has become consistent with this chapter. (Ord. 3648 § I (part), 2004) 6-66.080 Time of allowed rettt increase/adjustment. (A) Once within a 12-month period, the owner may implemem a CPI rettt adjustment (subsection 6-66.040(A)), if any, or a fair retam increase (Section 6-66.060), but not both. (B) A capital replacement pass through subsection 6-66.040(F) may only be implemented on the effective date of the CPI or fav return rem adjustment (C) Ttie following increases or adjustments maybe implemented at any time during the year; (1) Oovemment mandated expense pass through (subsection 6-66.040(C)); (2) Utility pass througbs (subsection 6-66.040(D)); (3) Capital improvements (subsection 6-66.040(E)); (4) In-place transfer rent increases (Section 6-66.050). Aay increases subject to arbitration shall be implemented after the final ruling of the arbitration. (D) Raft freett and rent rollbacks shall be implemented at the time they are ordered (Section 6-66.070). (Ord. 3648 § 1 (part). 2004) 8-66.090 Arbltretlan. (A) Matters Subject to Arbitration. p. '.S Chapter f-66 F:IiNT CONTROII--MOBII.I?I~CE~IF.S Page 6 of 10 (1) An owner shall file wkh the Clerk: (a) An application seeking to increase space rents bayand 100 percent of the CPI to provide a fair renrrcr to the owner as allowed by Section 6-66.060. (2) Affected mobilehome owners may file with rho Clerk: (a) A petition objecting to a government mandated expense pass through as allowed by subsection 6-66.040(C); (b) A petition objecting to a capital elplacemart pass through as allowed by subsection 6-66.040(F); (c) A petition For rent freeze as allowed by subsection 6-66.070(A); (d) A petition for rent rollback as allowed by ssubeetian 6-66.070(B), (B) These petitions and applications shall be decided by the Arbitrator. (C) Cost of Arbitration. The cost of arbitration shall be paid by the Clerk out of revenue from the rent stabilization admhtistration fee. The Arbitrator may reimburse the City by assessing the cost of the arbitration to either party if the Arbitrator determines that the position taken by the party is frivolous, (Ord. 3648 § 1 (part), 2004) 6-66 100 Procedures for fair return notice and appllcatlon and petition forms. (A) Notice. At least 10 days prior to submission of a fair return application or a petitibn to the Clerk, the applicant or petitioner shall mail a notice and a copy of the application or petition to the owner and each affectod mobilehome owner in the park. Tha notice shall be on a form specif ed by the Clerk. The supporting documents for the application or petition shall be available for roview at the park's office. One copy of the supporting documents shall be provided by the applicant or petitioner at no cast to the other party. All fair return notices shall include tl:a following information: (1) The amourrt of the rent increase both in dollars and as a percentage of the existing nut, how h was calculated, an itemization of ag pass througha and additional rent charges, information drat explains and sapports the level of increase ptnposed including, a<e minimum, a summary of the owner's net operating income for the base year and the preceding 24 months and other relevant information that supports the level of rent increase desired, the effective date of the increase and that copies of the supporting documens shall be provided by the owner m no cost to the mobilehome owners' representative and be available to the mobilehome owners at the park's office for inspection; (2) The same, address and telephone number ofthe Clerk or designee, a statement to inform the mobilehome owners to contact the Clerk or designee for an explanation of the provisions ofthis chapter, and that a roster of affectad mobilehome owners can be requested from the Clerk; end (3) A copy ofthe official petition form wbich is to be used forthe process established by this chapter. {B) 'Applictuion/Petition Forms. The application or petition shall be filed with the Clerk on the form prescribed by the Clerk and must be accompanied by ail supporting material necessary to supportthe request. The application and petition shall contain the following declaration: "I declare under penalty of perjury that the foregoing is true and correct" The application shall be dated and subscn'bed by the eppliaent(s) and shall state tire place ofaxecution. (1) Within five working days of receipt, the Clerk shall complete a preliminary review of the application or petition. Applicadons or petitions which aro urwmplete will not be considered properly filed. (2) No further action shall take place on applications or petitions which ate not property filed, and the Clerk may decline to accept such application and/or rearm them to the petitioner immediately after the preliminary roview with a notice of the defects. (3) When the Clerk determines that the application or petition is complete, the Clerk shall send a written notice of confirmation of receipt of a completed application or petition to the parties. (4) In capital replacement procxdings and in government mazidated capital expenditure and operating expense proceedings, affected mobilehome owners shall have 30 calendar days after receipt ofthe confrrmation ofthe completed application to file with the Clerk apetitian objecting to the rant increase signed by one adult in at least 50 percent of the mobilehome spaces subject to mat control. (C) Tnstlfficienf Objection-Capital Replacement or Oovenunent-Mandated Pass Through Proceeding--Cleric Action. If less Chapter 6-66 RENT CONTROL-MOBILEHOMES Page 7 of ] 0 than the required number of affected mobilehome owners object to a proposed capital replacement or government-mandated pass through, or if objection is withdrawn, including any amendments, before or after the meet and confer process, the Clerk shall approve the requested pass through. (Ord. 3648 § ] (part), 2004) 6-66.110 Procedure for meet and confer. Within 10 working days of the date of the Clerk's notice of a completed application or petition and prior to assignment of an Arbitrator, affected mobilehome owners and owners shall meet and confer with each other's representatives. The time, place and date of the meeting shall be agreed to by the parties or, h'the parties cannot agree, determined by fire Clerk. Written notice of the scheduled meeting shall be given by the applicant or petitioner. At the meeting, representatives of the parties shall exchange documentary evidence that the parties, in good faith then Fmow, will ba used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of an owner, all financial data upon which any proposed increase is claimed shall be supplied to effected' mobilehome owner representatives at the time of the meet and confer meeting. The parties may request that the Clerk provide a mediator, at no cost to the parties, to assist with the meet and confer process. The Arbitrator may deny an application based on the applicant's failure to participate in good faith in the meet and confer process. (Ord. 3648 § L (part), 2004) 6-66.120 Procedures for arbitretlon. (A) Tha Cbtk shall give written notice to the applioant or petitioners and mobilehome owner representative that the applicationlpetition has been referred to arbitration. (1) An Arbitrator shall be appointed in the following manner: (a) The Clark shall meimein a list of qualified arbitrators. tb) AssigomeM of Arbitrator and Hearing Data. The Clerk shall choose three possible Arbitrators and present ffiem to the residwts' representative and the owner. Within five days each party may challenge one candidate. The one remaining shall be the selected Arbitrator. If both parties challenge the same candidate, the Clerk shall choose between the two remaining candidates. The Clerk shall set a date for the arbitration hearing no sooner than 21 or no lair than 30 working days after the Arbitrator is assigned. Tha owner and affected mobilehome owners shat[ be notified immediately in writing by the Clerk of the date, time end place ofthe hearing and this notice shall be served either in person or by ordinary mail. The parties may agree, in writing, to extend these times. The Arbitrator may extend the date for the arbitration heating upon a showing of good cause. (2) The Arbitrator shall conduct a hearing with the parties and/or their represe~tives. During this hdaring process, the concerns of each party shall be discussed and the Arbitrator shall fndicate the amount and nature of information needed from any party in order to reach a determhration. In fair return proceedings in Section 6-66.060, this shall include four years of the income and expense portion of the general ledgers for the park All information submitted shall be in writing and shall be certified in the same manner ae set forth in subsection 6-66.100(B).The appGcantshalk have rho burden of proof unless other sections ofthis chapter specify otherwise. F,ach party shah comply with the Arbitrator's rogues! for information within five working days of the request. Additional information provided to the Arbitrator shall be immediately available to the owner or affected mobilehome owner representative which will have five working days to give written comment to the Arbitrator. The Arbitrator may proceed under this part regardless of whether any party default in providing any of the requested information. (B) Arbitration Determirtaton. (1) Within 21 days ofthe hearing, but no later than 90 days from the date of the owner's rant increase notice, dro Arbitrator shag deliver his or her decision on the application or petition and a bill for services to the Clark. (2) The tart increase in a fair return proceeding shag not exceed the increase requested in the application. (3) The Clerk shall provide the result of the Arbitrator's decision to the affected parties. (4) The Arbitrator's decisions are final and not appealable to the City Council. (C) Method m Detcmr¢re a Fair Return. (1) The hose year far the purpose of this section shall he the last full fiscal year prior to the park becoming subject to this Chapter f-66 RIs"*iT CON7'ROir-MOBII.HHOMES Page; 6 of 10 chapter. The Arbitrator may establish an alternative base year if the owoer is unable to produce records of the last full fiscal yeaz prior to the park becoming subject to rent control. (2) It shall be presumed that the net operating income produced by the property during the base year provided a fair return. An owner shall be entitled to rents to earn a just and reasonable relum and to maintain and increase their base year net op orating income m accordance with subsection (C)(4) of this eaction. This method is called maintenance of net operating iacome (MNOl) and shall be included in all applications. (3) The applicant orthe affected mobilahome owners may present evidence to abut the presumption of fair and reasonable retnm based upon the base year oat operating income. To make such a determination and in order to adjust to the base year net operating income, the Arbitrator must make the fallowing finding: (a) Tim owner's operating and maintenance expenses in the base year were unusually high or low in wmparison to other years. In such instances, adjustrnents may be made in calculating such expenses so that the base year operating expenses reflect avemge expanses for the property over a reasonable period of time. In considering whether the base year net operating income yielded more or less than a fair net operating income, the Arbitrator shall consider the following factors: (i) Substantial repairs were made due to damage caused by uninsured disaster or vaadalism; (i~ Maintenance and repairs warn below accepted standards so'as to cause significant deterioration of housing services; (ih) Other expanses were unreasonably high or low notwithstanding prudent business practice; and (iv) Iha rent in the base year was dispmpanionately low due to the fact that it was not established in an arms-length transaction or other peculiar circumstances. (4) Fair Net Operating Income. The Arbitrator shall submit a determination based on rental income which will provide the owner a net operating income which shall be increased by 100 peroent of the percentage increase in the CPI over the base year's CPI index. The baso year CPI shall be the CPI for the first day of June. For purpo ses of this section, the current CPI shall be the CPI lest reported as of the date of the completed application. (5) Net operating income of a mobllehome park means the gross income of the park leas the operating expenses ofthe park. (b) Gross income means the sum of the following: (a) Gross space rents computed as gross space rental income at 100 percent occupancy (but excluding rent attributed to a space. occupied by a park employee who receives the space rent free es part of the employee's compensation); plus (b) Other income generated as a result of the operation of the pmts, including, but not limited to, fees for services actually rendered; plus (c) Atl other pass through revemre received from mobilehome owners except capital pass throughs and gas and electric; minus (d) Uncollected space rents duo to vacancy and b~ debts m the extent that the same are beyond the owner's control. There is a rebuttable presumption that uncollected space rem in excess of the average of the current and past three yaws uncollected rents (each year's rent shall be adjusted by the chango in the CPI between that year and the final year of the four-year period) era excessive and shall not be deducted from gross income. ('T) Opaetiag expenses meeos: (a) Real property taxes and assessment; (b) Advertising costs; (c) Management and administrative expenses including the compensation of administrative personnel; (d) Repair and maintenance expenses for the grounds and common facilities including, but not limited to, landscaping, cleaning and repay of equipment and facilities; (e) In addition to the management expenses listed above, where the owner performs onsite managerial or maintenance services which are uncompensated, the owner may include the reasonable value of such services. Ownerperfomsed labor shall be limited to five percent of gross hrcome unless the Arbitrator finds that such a limitation would be substantially unfair in a given case. Ne Credit for such services shall be authorized unless an owner documents the hours utilized in performing such services and the naturo of the services provided; chapter 6-66 ~;I:~rr eorrrROl.,--~aoall.najoM>~s (t) Clperatinl: supplies such as janitorial supplies, gardening supplies, stationery and so forth; (g) brsurance premiums related m operation of the park prorated over the life of the policy; (h) Payroll taxes, business, utility, license and permit fees; (i) Dues; (j) Consultant services for park operation and meintcnance; p. 18 Page 9 of 10 (k) All operating expenses must be reasonable end necessary. Wharever a particular expense exceeds the normal industry or other comparable snurdard, the owner shall bear the burden of proving the reasonableness of the expense, To the extent that an Arbitrator finds any expense m be unreasonable, the Arbitrator shalt adjust the expense to reflect the normal industry or other comparable standard; (p There is a rebuttable prpumption that expenditures in the aurront year ere unreasonable m the extant that they substentlally exceed the average ofthe current and past three years (each year's expenses shall be adjusted by the change in the CPI between that year and the fmal year of the four-year period); (m) Operating expenses shall not include the following: (i) Mortgage debt service expenses; (ii) Land-lease expenses; (iii) Depreciation; (iv) Income texas; (v) Blectric and gas expenses included in Section 739.5 of the California Public Utility Codes; (v~ The cost of governmart tnandated expenses (subsection 6-66.040(C)), capital improvements (subsection 6.66.040(D)), or capital replacements (subsection 6-66.040(F)). (8) Notwithstanding any other provisions ofthe ordinance codified in this chapter, the Arbitrator is authorized to approve any rent increase that is constitutionally required by law [o yield a fair mturn ('L~ Subpoenas. The partial may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of otber evidence az the arbitration hearing. Subpoenas shall be issued and attested by the Clerk. Issuance of the subpoena must be obtained upon the filing with the Clerk of the City of an affidavit or declaration, under oath, setting forth the name and address of the proposed witness; specifying the exact things to be produced and the relevancy to the issues involved; and stating that the witness has the dewed things in blather possession or under his/her control. Service of the subpoena on a witness to attend arbitration must be at least fwe working days before the hearing. Service of a subpoena daces tecum must be at least 21 days before the hearing. Any party served with a subpoena daces tecum must produce copies of the requested items to the subpoaring party na lazor than 10 days before the hearing. A subpoena need not be issued when the affidavit or declaration is defective in any particular. No arbitration hearing may be continued due to the failuro m ffie a timely request, or to timely serve a subpoena. Any person who refuses, without lawful exouse, to atkrrd the arbitration or to produce relevant evidence as required by a subpoena served upon than parson shall be guilty of a misdemeanor. No subpoena shall issue until after the parties have met and conferred as required in Section 6-66.110. (I~ Increases for Capital Expense. Increases attributed to a capital expanse, as approved by the Arbitrator to provide a park with a fair return, shall not be included in base rent. These increases must be separately itemized on the monthly rent invoice and terminate at the end oftlte approved amortized period. Advance approval and effective date of the inorease shall be es allowed in subsection 6-66.040(F)(i). ((}) Rerd Increase Effective Date. Rent increases approved by the Arbitrator, as determined necessary m provide an owner with a fair return, shall be allowed upon the effective date given by the applicant in the notice m the affected mobilehame owners, required in section 798.30 of the California Civil Code. (Ord. 3648 § 1 (part), 2004) 6-66.i3D Refusal oP mobilehome owner to pay Illegal rent • 'J a1n'31 2008 12: 16 RP '_RSF_RJET FRJ{ p. 19 Chapter 6-6612ENI' COIYTROIr-MO:BILI;HOMES Page 10 of 10 An affected mobilehome owner gray refuse to pry any rent in excess of the ma7dmum rent peanitted by this chapter. The fact that such unpaid rent is in excess ofthe m aximum rent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment of rent ar to collect the illegal rent (Ord. 3648 § 1 (part), 2004) 6-66.140 Disdowres. --_---- An owner shall disclose to each prospective mobilehome owner the cwtent and proposed base rent for the mobilehome space and the rental agreement options required by this section and Section 6-66.150, provided each prospective mobilehome owner with a copy ofthis chapter, and disclose to the prospective mobilehome owner that if the prospective mobilehome owner signs a lease with a term of more than one year, that lease will be exempt from rent control The owner shall give the required disclosure and provide a copy of this chapter to the prospective mobilehome owner at the time that the owner, or owner's representative, receives the prospective mobilehome owner's application far tenancy. Tha.roqurred disclosures shall be made in a form approved by the Clerk, and the owner shall obtain a signature of the prospcctive mobilehome owner on the discloswe form acknowledging receipt of the discloswea. An owner must retain the signed discloswe form throughout the entire tenancy of the mobilehomc owner. This signed form shall be made available to the Clerk upon reasoaable written notice. (Ord. 3648 § 1 (part), 2004) 6-6fi 150 Prospective mobilehome owner-Tenancy 12 morrths or lass. All prospective mobilehome owners shall be offered the option of a tenancy of 12 months or less upon terms consistent with the provisions ofthe ordinance codified in this chapter. This section shall not apply to prevent a mutually agreed upon assignment between an owner and an existing mobilehome owner of an existing lease, provided any such assignment does not violate subsection 6-66.050(C). (Ord. 3648 § 1 (part), 2004) 6-66.160 Rant stab8lzation administration fees. The costs of admmrshstion of this chapter shall be paid by the imposidan of an annual rent stabilization administration foe established by resolution of the City Council. The foe is chargeable against the total number of mobilehome spaces in the City subject to rent control determined on a data certain each year to ba established by the City Council. The owner who pays these fees may pass through to the mobilehome owners, subjectto rent control on the date established by the City Council, 50 percent of the fees assessed against a mobilehome space. The fee shall be due on a date established by the City Council but may be paid in quarterly matalhnems by the owners. Owners of parks annexed to dre City after September 17,1993, shall be charged the fee established by resolution beginning on the effective date of the annexation (Ord. 3648 § 1 (part), 2004) 6-66.170 Amendment. Any amendmentto this chapter shell require a prior public hearing before fire City Council with notice thereof published in a newspaper of general circulation in the City at least 10 days prior to the hearing. (Ord. 3648 § 1 (part), 2004) 6-66.180 Vblatlon. Every person who violates any provision of this chapter is guilty of a misdemeanor and shall be subject to the provisions of Section 1-28.010 of this code. This section shall not apply to the Arbitrator or officers ar employees of the City. (Ord. 3648 § I (part), 2004) Jan 31 2008 12:07 HP !_RSF_RJET FRX n ~ r' , ., .~ Chapter 5.28 CONTROL OF RENTS IN MO8ILEHOME PARKS AND ADDING FEE$ FOR REGISTRATION TO CHAPTER 3A0.010 Sections: 6.28.010 Rndngs and purpose. 6.28.020 Deflnigorrs. 5.28.030 Exsmftgons. 6.28.040 Incroasss in rent moat be suthodaetl by tMs ordnance. 6.28.060 ease rent. 5.28.060 Across-the-board rent increases. 5.28.070 Fair retum increases and procedures. 6.28.080 Service and/or mairttanance. 6.28.080 pass-throughs. 5.28.100 Rsgirstragon. 5.28.110 Remedies. 6.28.120 Enforcement. 5.28.130 Notice to prospsetiw mob®ehome buyarltsnanis. 5.28.010 Findnge end purpose. A, After reviewing the evidence presented to the Board of su eryisors, the supervisors find an declare it necessary, in the public interest, to protect mobilehoma owners from unreasonable rent increases. B. At the same time, the Board of Supervisors finds k necessary to permit rents which will enable park owners to obtain a fair return on their investment. C. Because of the high cost end impracticabilky of moving mobilehomes, the patentiel for damage resulting therefrom, the requirements relating to the installation of mobilehomes including permits, building requirements, landscaping end ske preparation, the lack of alternative homesites, for mobilehoma residents and the substantial investment of mobilehoma owners in such homes, it is necessary to protect the owners and occupiers of mobilehomes from unreasonable rent increases, while at the same time recognizing the need of park owners to receive a suitable profit on their property with rental income suf}icient to cover IflCfeaaee in the Coats of repair, insurance, park management costs, maintenance, utilities, employee services, additional amenities, and other costs of operation, and to receive a fair return on their property. D. Compared to conventional home ownership, mohilehome ownership is a lower cost form of home ownership which offers p.2 considerable benefits to mobilehoma owners and to the communky in the form of moderate cost housing. E. The ordinance is consistent with the State's policies relatNe to expanding housing opportunities end accommodating the housing needs of Californlens of all economic levels. F. When the mobilehoma owner's rental agreemem (lease) expires and a new agreement or lease must be negotiated, the mobilehoma owner is at a distinct disadvantage in bargaining power. G. The amount of rent charged has a direct correlation to the sellahility of the home. If rents are unreasonably high in the market place, or will become unreasonably high, home owners will be unable to find a buyer for their home. Home owners could be in an awkward skuation of simukanaously (11 being unable to afford the rent; 121 being unable to move their home; and (31 being unable to sell their home. H. A substantial portion of the residents in mobilehoma parks in this county are senior citizens of tow or moderate income. Those households would experience signkicant hardships if their rents were allowed to increase uncontrolled. I. The ordinance is consistent with the Tuolumne County General Plen. J. The ordinance is not subject~to review under the California Environmental Quality 5-45 Act pursuant to Section 15061 (b) (3) of the State and County Guidelines for the implementation of CEQA. (Ord. 2118 § 1, 199510rd. 2584 51, 2004) 5.28.020 DefWtiona. A. BOARD. Shall mean the Board of Supervisors of Tuolumne County, California. B. CHANGE OF OCCUPANCY. The transfer of an occupancy in a mobilehome to another person. A change in occupancy shall not include the transfer of the occupancy in a mobilehome to a family member. C. COST OF LIVING ADJUSTMENT (COLA). The Cost of Uving Adjustment allowed under this ordinance shall be the percentage increase granted to all Sociei Security recipients by the United States Federal Govemment. D. FAIR RATE OF RETURN .The profit that an investor can reasonably expect to earn from an investment in a business other than a mobilehome park subject to regulation presenting investment risks comparable to the risks presented by mobilehome parks subject thereto. E. HOMEOWNER. A person who has a tenancy in a mobilehome perk under a rental agreement. F. LANDLORD. Any owner, lessor, operator or manager of mobilehome park spaces which are rented. G. MOBILEHOME. A structure designed for human habitation and for being moved on n street or highway ~ defined in Health and Safety Code Section 18008. Mobilehome includes a manufactured home, as defined in Section 18007 of the Heekh end Safety Code, but does not include a recreational vehicle as defined in Section 18010 of the Health and Safety Code, or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. H. M081LEHOME PARK. As used herein, shall mean en area of land wkhin Tuolumne County where four 14) or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation. I. OCCUPIED SPACE. A space in a mobilehome park that has a person, other than the park's owner, emitted to use, possession 5-46 p. and/or control of that space. A space subject to a tenancy es herein defined. J. PARK, A manufactured housing community as defined in sections 18214.1 and 18801 of the Health and Safety Code, ar a Mobilehome Park. K. RECREATIONAL VEHICLE PARK. As defined in the California Health and Safety Code SeMion 18010. L. RENT. The consideration demanded or received for and in connection with the use or occupancy of a mobilehome space within a mobilehome perk as defined in Health and Safety Code Section 18216. M. RENTAL AGREEMENT. An agreement between the landlord and the homeowner establishing the terms and condkions of park tenancy. A lease ie a rental agreement. N. RENT INCREASE. Any additional space rent demanded of or paid by a mobilehome resident for a mobilehome mace. O. RESIDENT. A homeowner or other person who lawfully occupies a mobilehome. P. TENANCY. The right of a homeowner to use a site wkhin a mobilehome perk on which to locate, maintain, and occupy a mobilehome, ske improvements, end accessory structures for human habtation, including the use of the services and facilities of the Park. G. TENANT. Any person entkled to a tenancy pursuant to an oral or written agreement. (Ord. 2311 § 5, 1999; Ord. 2165 § 1, 1996; Ord. 2118 § 1, 1996; Ord. 2584 §2, 20041 5.28.030 Examptiorra. Ali Mobilehome park spaces within the county shall be subject to regulations contained In this ordinance, except those exempted as follows: A. Mobilehome spaces that ere in Mobilehome parks that have less than tour (4) spaces. B. Newly constructed Mobiehome spaces which were initially held out for rent after January 1, 1990, as per Section 798.46 of the Califomia Civil Code. C. Spaces on which rent is subsidized by any government agency. D. Spaces owned, managed, or operated by a governmental agency. f-" E. Spaces on which rents ere exempted from rent regulation because they are covered by a rental agreement that is in excess of twelve (12) months in duretion and which meets all the requirements of Section 798.17 of the California Civil Code or ere otherwise exempted from rent regulation by either state or federal law. However, ail of the provisiana of this ordinance, other then the rent regulations, shall be applicable to such spaces, including but not limited to the registration requirement, unless specifically exempted by a provision of this Ordinance or state law. F. Fees, assessments or other charges assessed by the County only insofar as authorized under Section 5.28.090 of this Chapter. G.. Spaces in recreational vehicle perks and recreational vehicle spaces within or adjoining a mobilehome park as described in Section 798.22 of the California Civil Code. H. Spaces in resident owned parks. I. Vacant Spaces. All spaces that are not an occupied space as defined herein. (Ord. 2165 § 2, 1996; Ord. 2118 § 1, 199b; Ord. 2584 §3, 2004) 5.28.040 Mcrsasss 1n rant moat ba authorized by this ordinance. No rent incroasea for Mobilehome parks, es covered by this ordinance, shall be permitted after the adoption of this ordinance, except as authorized by this Ordinance. The right to institute rent increases is subject to compliance with the provisions of the California Civil Code, Section 798.30. No rent increase shall ba instituted in a park at any time where a park is delinquent in registration payments required pursuant to the Ordinance. (Ord. 2118 § 1, 19951 5.28.045 Vacancy ReM Control. A. Provided that no increase in rent pursuant to this Section has occurred in the preceding twaNe 112) months, a park owner may raise space reM upon a change in ownership or occupancy of a mobilehome in en amount not to exceed ten percent 110%1 more than the space rent being charged Immediately preceding the change in ownership or occupancy. B. Management shall notify, within five (61 days of being informed of a pending change in ownership or occupancy, the seller and prospective homeowner of a mobilehome that 5-47 P,c the rent may be increased by s specified amount pursuant to paragraph A, and when any such rent increase shall become effective. {Ord 2584 §4, 2004; Ord. 2311 §1, 1999; Ord. 2185 §3, 19981 6.26.060 Base rent. A. base rents are the rents in affect on a Mobilehome space on the dates defined below. B. Except as hereinafter provided, a park owner shell not demand, accept, or retain rent for said space exceeding the rent In effect for said space on December 31, 1995, or the residents annual rent anniversary date during the calendar year 1996. Unless constitutionally allowed, rent rollbacks shell not be implemented. (Ord. 2118 §. 1, 19961 5.26.060 Aeroa•tM-board root inensasaa. A. One 111 across-the-board rent increase per occupied space is allowed per calendar year whether based on the increase in the Social Security Administration's Cost of Living Adjustment (COLA) or by application made in accordance with Section.6.28.070 for a rant increase greater than that authorized by the COLA. The date of a resident's annual rent increase would be the anniversary date of the previous rent incroase. A park owner may reschedule a resident's anniversary data by delaying the regularly scheduled COLA adjustment until the newly desired anniversary data. B. Rent increase using the Cost of Living Adjustment (COLA) shall be limited to the most recent COLA issued by the County Administrator prior to the notice of rent increase required by the California CivII Code. The COLA used by the County Administrator shall be issued once a year, following publication of the Fedora! Social Security COLA. IOrd. 2584 § 5, 2004; Ord. 2330, § 1, 2000; Ord. 2311 § B, 1999; Ord. 2210 § 1, 1997; Ord. 2166 § § 4 and 5, 1998; Ord. 2118 § 1, 1995) 5.28.070 Feir rats of return increases and pracsduros. A. It shall be rebuttably presumed that the net operating income produced by the property using the base rents provided a fair rate of return on the landlords investment. _... _ ~a., _.. ___ .. ._. _ __ x r- B. Landlords may obtain rent adjustments for individual Mobilehome parks by application to the Board of Supervisors. The Board may consider any factors in order to ensure that the rent permitted yields a fair rate of return. C. Procedures. 1. Landlords applying to the Board of Supervisors for a fair rate of retum increase must do so on the application provided by the County Administrator's Office. The written application must contain the specific requested increase. h must also contain copies of any supporting documents le.g., tax returns, financial statements, receipts, atc.-. Tax returns of the perk owner and documents identifying residents and the amount of rent being paid by the resident shall be kept confidential and not released to the public unless the County is required to release such information under any applicable statute, regulation, or rule or by subpoena or by order of a court of competent jurisdiction. Capital improvement expenses that were not allowed under 6.28.090181&(C) will be permitted provided that they are amortized under the applicable IRS rules. The burden or proof of the necessity of a fair rate of return increase is on the landlord. 2. The landlord shall file the application with the County Administrator. Concurrenthr, the landlord shall serve each affected resident wkh a notice of the application. Tha landlord must make a completed application with all supporting documents, reasonably available to each affected park resident, which may be copied at the resident's expense. 3. All applications shall be signed under penalty of perjury. 4. Prior to the fair rata of return hearing provided for In Section b.28.070 of this Code, the Tuolumne County Community Development Department Division of Building and Safety shall enter and inspect that mobilehome park to conduct aseven-year inspection pursuant to Health and Safety Code Section 18400. t la) and Trtle 2b of the Calidornia Code of Regulations. (AI If a seven-year inspection has bean completed within thirty-six 136) months preceding the fair rate of return application, that previous inspection will satisfy this requirement. (B) The Tuolumne County Community Development Department Division of p. ~ Building end Safety shall prepare a written report to the board of supervisors on the seven-year inspection and condition of the park prior to the fair rate of return hearing. 5. At any time before or during a hearing, the County Administrator or the Board of Supervisors may make additional requests for documentation. 6. No application for a fair rata of return increase will be placed on the Board of Superv(sors agenda, without first obtaining the consent of the County Administrator and the County Counsel. D. The Board may adopt as its fair rate of ratum standard any lawful formula, including but not limited to, one based on average net income, investment or net operating income. E. Landlords may have the assistance of an attorney and/or an accountant at the fair rate of return hearing. However, attorney's fees, accountant's fees and costs for proceedings under this section are not allowable as operating expenses. F. Evidence that the landlord reduces services and/or maintenance, whether offered by the County or the tenants, can be used to offset rent increases otherwise allowed under Section 5.28.070 of this Code.(Ord 2584 § 6, 2004; Ord. 2118 § t, 1995)1 5.28.080 Reservsd.(Ord. 2330 § 2, 2000; Ord. 2314 § 24, 1999; Ord. 2118 § t, 199611Ord 2664 § B, 2004) 6.28.090 Pass-throughs. A. Government Assessments -- Separate charges authorized by California Civil Code Section 798.491x) shall not be considered pert of the rent and shell be governed by the provisions of that Code Section. All other provisions of Section 798.49 shall apply and shall be governed by this Ordinance. B. Costs of Corcecting a Violation Cited by any Code Enforcement Official - If a park owner is cited for violating any provisions of state laws, regulations ar Courtty ordinances Including, but not limited to, Title 25 of the California Code of Regulations, the costs to correct said violations may be passed through to the residents on a per space basis, provided that the violation is not the result of the park owner's failure to properly maintain the systems of the 5-48 park. Such costs shall ba charged to a capital account to be depreciated over the useful life of the correction in a manner similar to an item charged to an expense account under Internal Revenue Service Rules and Regulations; provided, however, that et the and of the amortization period for the capital improvement correction, the pass through amount shall cease end shall no longer appear on the tenant's monthly invoice. At no time shall the aggregate correction pass-through of costs exceed ten percent 110%) of the average monthly rent of the park (excluding any portion of the rem attributable to capital improvement pass- througha allowed under 5.28.0901C)1 unless approved in advance by the residents of fifty percent l50%) plus one 111 of the mobile home spaces of the park. Said election shall be conducted in compliance with Section 6.28.090tC)i7). C. Cost of Capital Improvements - Cedtal improvement costs to the park owner for construction of capitol improvements to the park may be passed through to the residents on a per space basis, provided that such pass-throughs are approved !n advance by the residents of fifty percent (50%! plus one (1} of the mobile home spaces of the park. Said election shall be conducted in compliance with Section 6.28.0901CI(7). Such costs shall 6e charged to a capital account to be depreciated over the useful Ilfe of the asset in a manner similar to an itarn charged to an expanse account under Internal Revenue Service Rules and Regulations; provided, however, that at the end of the amortization period for thA capital improvement correction, the pass through amount shall cease and shell no longer appear on the tenant's monthly invoice. Pass-throughs of capital improvement costs shall be subject to the following limitations: t. The improvamem shall primarily benefit the majority of park residents rather than the park owner(s) and be a functional improvement serving primarily the park residents. 2. The improvement shall have a life expectancy of five (51 Veara or more and must be treated as a capital improvement for Federal and State income tax purposes and may not ba deducted for such tax purposes as expenses. 3. Normal routine maintenance and repair do not constitute a capital improvement. ~=-a 4. The owner hsa the responsibility to provide and maintain physical improvements in the common facflitiea in good working order and condition pursuant to California Civil Code Section 798.15. Costs of maimenance and repair ias opposed to replacement) of such improvement shall not be passed-trough to residents, nor shall costs of replacement be passed-through if the replacement was necessary because of owners failure to carry out said maintenance responsibilities. 5. Insured repairs and replacements do not constitute a capital improvement. 6. The improvement shall be permanently fixed in place or relatively immobile. 7. For the purpose of obtaining the approvals required by 6.28.090, elections shall be conducted by the park owner on whether to approve or reject a proposed capital improvement cost pass-through prior to the time the capital Improvement becomes operetlonai end available for use by the park residents. Residents shall be entitled to one (t) written ballot vote per affected mobile home space in said park. Each ballot shall specify the proposed capital improvement to be voted upon and the amount and dates of commencement and expiration of the monthly pass through resulting from said capital improvement. Each ballot shall be delivered by first class mail to the perk residents and the deadline and park location for casting such ballot shall be set forth clearly thereon. Such deadline shall be no less than twenty days (201 from the postmark date of ballot mailing to the resident. 8. Capital improvemema shalt meat all of the eligibility criteria contained in this section and maY include (without limketion) construction, installation, or replacement of a clubhouse, leuntlry facility or other common area facility, swimming pods, sauna or hot tub, or other recreational amenity, street end driveway, security gate, outdoor or common area lighting, retaining wall, sewer, electrical, plumbing lunless associated with anon-eligible capital improvement), water, or television roeeption system, sprinkler system, or any similar improvement which represents an addition to or an upgrading of existing improvements which primarily benefits the park residents. Routine maintenance or repair, including, but not limited to routine maintenance or repair of a street or driveway by means of patching, a seal eoet or 5-49 2n ~.. ~.. .. _ ..r .. - - __ ••- -'4. l-. slurry seal, shell not qualify as a capital improvement. 9. An owner shall separately bill the cost pass-through for each capital improvement only during the period the park owner amortizes such capital improvement. 10. Capital improvement costs otherwise eligible for pasa•through are not eligible to the extent that the park owner recovers such costs through charges of a use fee such as where the perk rosident must deposit coins to use spark-owned washer and dryer. 11. Where a park owner receives a discount or rate differential lincluding, but not limited to, a "readiness to Serve Charge") that is intended to subsidize or offsM the cost of owning, operating, maintaining, and replacing the park's utility distribution system, the repair, maintenance, or replacement of such utility distribution system shall riot qualify as a capital improvement. 12. The park owner's responsibility for the coat of owning, operating, maintaining or replacing a utility distribution system as established by 5.28.0901C)(17), shell transfer to and become the responsibility of any subsequent purchaser of the park, or successor in interest to the park owner. D. For purposes of this section, the owner shall make available for examination within 10 business days of the written request of any resident copies of bills for property taxes, government required service charges, copies of insurance policies and records of insurance payments, the books and records of the owner which relate to the original and depreciated cost of capital improvements, and ell relevant portions of Federal and State Income Tax Returns relating to capital improvements to verify any increases or decreases sough by the owner under this section. The owner has the option of providing incrome tax information either in a declaration filled out under penalty of perjury, or by producing copies of the relevant portions of the actual Federal and State Income Tax Return themselves. E. For purposes of this section, "costs" shall include, but are not limited to, materials and inbor, permit and inspection fees, and financing charges. F. This Section shall not apply to any capital improvements that were begun prior P•~ to this Section becoming operative. IOrd 2584 § 8, 2004; Ord. 2118 3 1, 1995) 6.26.100 Registratlon. A. Each year, the park owners shall be required to register ail mobilehome spaces which are rented or available for rent with the County, including those spaces exempt under Section 5.28.030. 1. Registration shall be completed on or before June 30 of each year for the following year. If the park owner falls to complete registration as required by this Section by June 30 of each yr, the park owner shall be assessed a One Dollar (67.00) per space failure to complete registration fee. Said failure to complete registration fee shall be paid by the park owner to the County and shall net be passed on to the residents of the park. 2. Registration shall be completed on a form provided by the County. 3. The Tuolumne County Community Development Department shall be responsible for accepting annual registration and subsequent changes thereto. B. Registration shall also be required within thirty 130) calendar days after the date any mobilehome park or mobilehome space Initially becomes subject to the provisions of this ordinance or is no longer subject to this Ordinance. C. Registration shall include, but shall not be limkad to, the following information: 7. Rent for each occupied space In the park and Its annual anniversary date. 2. The namals), business addresses, business telephone numberfsl of each person or legal entity possessing any ownership interest in the park and the nature of such interest. 3. The number of mobllehome spaces in the perk. 4. The name and address to which ail required notices will be sent. 6. A map of the park. 8. The name and mailing address of each park resident. D. A registration lea shall be paid by the park owner to the County for each apace in the park, except those exempt under Section 5.28.030 herein. The amount of said fee shall be determined by the Board of Supervisors and be sufficient to pay operating costs for this ordinance, including but not limited to v, 5-50 ~~ ~, administrative time and costs, legal fees and costs, and any other expense incurred in administering or defending this ordinance. The tee can be paid at the time of registration; or paid semi-annually with one-half due at registration and the balance due December 30 of each year. E. Tha park owner may pass through fifty-percent (50%1 of said fee to the affected residents on a pro-rata monthly basis. Said fee shall be shown separately on the monthly rent statement. If a resident fails to pay for more than ninety 1901 days the passed through fee provided for in this section, the resident shall be assessed a one time per annum twenty-five dollars 1625.00} failure to pay penalty. The failure to pay penalty shall be kept by the park owner.(Ord 2684 § 8, 2004) F. A landlord may not increase the rents if not in substantial compliance whh this section. G. The registration requirements provided for in this section shall apply to all mobilehome parka end perk spaces within the County, including those exempt from space rent tailings based on Civil Code Section 798.17 or any other law. H. The County shall prepare an annual financial statement which will be available to the puhllc regarding the status of registration fees collected, expended, and listing the remaining belenee or deficit. The financial statement will be prepared at the time of the adoption of the annual County budget. I. Within one (11 year after this section becomes operative and every five (51 years thereafter, the County Administrator or his/her designee shall conduct a survey of all mobile home park residents to determine which mobile home spaces are covered by the provlsions of Chapter 6.28 of the Tuolumne County Ordinance Coda. The County Administrator shall compare the results of the survey with the last annual report from the park owners. If the survey results ere different, the County Administrator or his/her designee shall meet with the affected park owner to review the discrepancies. If the County Administrator or his/her designee and park owner are unable to reconcile the discrepancies, the park owner shall pay any increased registration fees due to the County and shall not be allowed to pass any portion of the increased registration fees due to o,=_ the residents. (Ord 2584 § 8, 2004; Ord. 2314 § 25, 1999; Ord. 2311 §2, 1999; Ord. 2165 § 6, 1996; Ord. 2'118 § 1, 1995) 5.28.110 flemediea. A. Any person violating any of the provisions of this ordinance shall be guilty of e mlademeanor. B. In the event a homeowner or former homeowner of a park, br any public agency or entity, is the prevailing party in a civil action against the management or owners of a mobilehome park to enforce any provisions of this chapter, said prevailing party, in addtion to damages afforded by law, may, in the discretion of the court, be awarded an amoum not to exceed 52,000.00 (Two Thousand Dollars) for each willful violation of this chapter. C. The remedies provided by this section are nonexclusive end nothing in this section shell be construed to preclude or Ilmit any rights a public agency w entity or a mobilehome owner or former homeowner may have. IOrd. 2311 § 3, 1999; Ord. 2210 § 2, 1997; Ord. 2118 § 1, 1995) 5.28.120 Enforgment. A. In any action arising out of the provisions of this chapter, the prevailing party shall he entitled to reasonable attorney's fees and costs. A party shall be deemed a prevailing party for the purposes of this section if the judgment is rendered in his or her favor or where the litigation is dismissed in his or her favor prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. B. Ths County Counsel of the County of Tuolumne is empowered to enforce this ordinance. This is in addition to the civil end criminal enforcement powers and authorities already vested in the district attorney. (Ord. 2210 § 3, 1997; Ord. 2118 § t, 19951 5.28.130 Notice to prospective mobflefwme buyerkenent. The landlord shall provide to every prospective buyer and/or prospective tenant prior to establishing the tenancy, the following: 1. Chapter 5.28 of the Tuolumne County Ordinance Code, as then currently in effect; 2. Notice of the next scheduled rent increase (anniversary date) if less than 12 months after establishing the tenancy, and in compliance with state law; 6-b 1 ~ 3. Park rules and regulations; and 4. Mobile Home Resitlency Law (Chapter 2.5 of the California Civil Code). (Ord. 2311 § 4, 1999) 5-52 ATTACHMENT "B" CONCORD RENT STABILIZATION ORDINANCE (4) An estimate by a qualified real estate appraiser of the value of the park if it were permitted to be developed consistent with the General Plan, applicable zoning, and/or any proposal submitted by the applicant and an estimate of the value of such park by such appraiser if use of the property as a mobile home park is continued; (Code ] 965, § 4961; Ord. No. 88-13) (5) Such other information which the applicant believes to be pertinent, or which may be required by the Director. (Code 1965, § 4961; Ord. No. 88-13) (c) The application, together with all information provided on it, shall be noticed, distributed, and subject to a public hearing to the same extent as an application for a conversion permit. (Code 1965, § 4961; Ord. No. 88-13) Sec. 58-63. Copies of division to be provided [o residents. The applicant shall cause a copy of this division to be provided to each resident of the affected mobile home park at the time that a permit application is initially made. A copy of this division also shall be provided to each new resident after the initial date the conversion permit application is filed with the Planning Department. (Code 1965, § 4962; Ord. No. 88-13) Sec. 58-64. Remedies. Any park owner who violates any rights of any park resident established under this division shall be liable to the resident for the actual damages caused to the resident by said violation, plus costs and reasonable attorney's fees. The city may bring an action to enforce this section on behalF of any residents. (Code 1965, § 4963; Ord. No. 88-13) Secs. 58-65--58-90. Reserved. I (Code 1965, § 4992; Ord No. 94-13) (d) In the case of an in-place sale of a mobile home the initial maximum space rent to be charged the new mobile home owner shall be DIVISION 3. RENT STABILIZATION ~( Sec. 58-91. Purpose and findings. (a) The state has recognized, by the adoption of special legislation regulating tenancies of mobile home owners in mobile home parks (Civil Code § 798 et seq.), that there is a significant distinction between the tenancies of mobile home owners in mobile home parks and other types of residential tenancies. (Code 1965, § 4990; Ord. No. 94-13) (b) There is presently, within the city and surrounding communities, a shortage of rental spaces for the location of mobile homes, commensurate with the demand. This inequitable market situation has resulted in low vacancy rates and has contributed or threatens to contribute to rapidly escalating rents. (Code 1965, § 4990; Ord. No. 94-13) (c) Compared to conventional home ownership, mobile home ownership is a lower cost form of home ownership which offers substantial benefits to mobile home owners and to the community in the form of moderate cost housing. Mobile home parks in the city represent an important component of the housing stock of the city, especially for senior citizens and persons of low and moderate incomes. (Code 1965, § 4990; Ord. No. 94-13) (d) Mobile home owners, unlike apartment tenants or residents of other rental units, are in the unique position of having made a substantial investment in a residence which is located on a rented or leased parcel of land. Their investment commonly includes the purchase of the mobile home and the cost of installing the mobile home on its space and installing related improvements such as a foundation, carports, and integrated landscaping. (Code 1965, § 4990; Ord. No. 94-13) (e) In fact, "mobile homes" are "immobile." The cost of moving mobile homes is substantial. Park restrictions on the age, size, and/or style of mobile homes typically prevent the entry of mobile homes that are more than a few years old. Furthermore, vacant spaces are virtually nonexistent in the mobile home parks within the metropolitan area. Mobile homes are rarely moved after their initial placement in a particular park. Removal and/or relocation of a mobile home from a park space is not a practical alternative to accepting an excessive rent increase in that it can only be accomplished at substantial cost, and in many instances may cause extensive damage to the mobile home and loss of appurtenances such as integrated landscaping and supporting structures inconsistent with the new location. (Code 1965, § 4990; Ord. No. 94-13) (f) Minimum acreage requirements for parks severely reduce sites available for such development. Land use permit procedures give local zoning boards the discretion to reject applications for the construction of new parks. No new mobile home parks have been built in the city in the last 20 years. (Code 1965, § 4990; Ord. No. 94-13) (g) Due to the combination of a lack of vacant spaces and absence of any likelihood that new parks will be created, park owners have a virtual monopoly on the supply of mobile home park spaces with virtually no possibility for increased competition. (Code 1965, § 4990; Ord. No. 94-13) (h) As a practical matter, mobile home owners must sell their mobile homes "in place" and persons who desire to move into mobile home parks must purchase existing mobile homes in order to move into a mobile home park. (Code 1965, § 4990; Ord. No. 94-13) (i) If mobile home space rents are not regulated, mobile home owners may experience severe financial hardships since they do not have the option of moving their mobile homes to spaces within the metropolitan area with lower rents. If space rents maybe increased without limit upon a change in the ownership of a mobile home, then the value of the mobile home owners' investments may be severely reduced and mobile home ownership may become financially unfeasible due to the precarious nature of the investment (e.g., it may not be recaptured upon resale). (Code 1965, § 4990; Ord. No. 94-13) (j) The existence of housing alternatives for mobile home owners is largely dependent on the maintenance of their equities in their mobile homes. They can relocate to other types of housing only if they can "relocate" their equity in their mobile homes. (Code 1965, § 4990; Ord. No. 94-13) (k) Typically, the per space investments of mobile home owners in their "immobile" homes and associated improvements are substantially greater than the per space investment of mobile home park owners in the underlying land and the improvements associated with the construction of the park. (Code 1965, § 4990; Ord. No. 94-13) (1) A substantial portion of the residents in mobile home parks in the city are senior citizens, persons on fixed incomes or persons of low or moderate income. The existing park spaces are predominantly occupied by retired elderly tenants who live on fixed incomes, in many cases their sole income is social security payments. These households would experience significant hardships if their rents were substantially increased. (Code 1965, § 4990; Ord. No. 94-13) (m) In recent years, in some of the mobile home parks in the city, the rate of rent increases has been substantially in excess of the rate of increase in the cost of living (as measured by the Consumer Price Index). (Code 1965, § 4990; Ord. No. 94-13) (n) Problems associated with rapidly increasing mobile home rents were brought to the City Council's attention as far back as February 1979. Mobile home owners at that time requested that the city adopt a mobile home rent stabilization ordinance. After investigation and the holding of meetings, several park owners voluntarily agreed to meet with mobile home owners annually and to cooperate regarding rent increases and other grievances. Because the voluntary agreement was designed to resolve the differences between the park owners and home owners, the request for a mobile home rent stabilization ordinance was tabled by the City Council. (Code 1965, § 4990; Ord. No. 94-13) (o) In July of 1983, mobile home owners again petitioned the City Council for assistance in resolving ongoing problems between mobile home owners and park owners including excessive rent increases. The mobile home owners presented a proposed ordinance regulating rents. After study by the City Attorney's office and the Council Committee on Mobile Home Issues, and the holding of several meetings with various concerned parties, public hearings were noticed and held for the adoption of an ordinance regulating mobile home rents. In October of 1984, after 16 months of discussion and negotiation, an agreement was reached between the City Council and the park owners which established procedures for resolution of disputes and provided a uniform mechanism for rent increases. The agreement was entered into by the park owners to avoid the adoption of an ordinance regulating rents. (Code 1965, § 4990; Ord. No. 94-13) (p) In December of 1987, anine-member committee was formed to once again look into solutions for ongoing mobile home rent issues. A draft accord was developed after lengthy negotiations. The accord went through numerous revisions based on the changing demands of the parties. Negotiations broke down in October of 1989, with the mobile home owners once again requesting a mobile home rent stabilization ordinance. In lieu of such an ordinance, in December of 1989 the City Council adopted an urgency ordinance continuing the terms of the previous agreement to January 31, 1990. The agreement was then continued an additional five months. (Code 1965, § 4990; Ord. No. 94-13) (q) Once again, in 1991, in response to concerns raised by mobile home owners including escalating space rents, the City Council explored various alternatives including looking into the enactment of a mobile home park rent stabilization ordinance. A voluntary agreement was reached with a majority of park owners in the city, whereby the park owners would provide mobile home owners with negotiated longterm leases. This voluntary agreement was entered into as an alternative to rent control. (Code 1965, § 4990; Ord. No. 94-13) (r) The existence of the longterm leases has not been effective in remedying the problems between the park owners and the mobile home owners, and there is evidence that the park owners have in certain instances circumvented the purpose and intent of the leases. In January 1994, in response to the problems in several mobile home parks, the City Council appointed a committee to make recommendations to the City Council regarding rent stabilization. Ordinance No. 94-13 was proposed following enactment of a temporary moratorium on rent increases. (Code 1965, § 4990; Ord No. 94-13) (s) The City Council declares that it is now necessary in the public interest to establish a means by which to resolve the occasionally divisive and harmful impasse between park owners and mobile home owners. After consideration of numerous factors, including the mandates of state law, regulations which best fit the needs of the city have been selected. (Code 1965, § 4990; Ord. No. 94-13) (t) After reviewing the evidence presented to the City Council, the City Council finds and declares it necessary, in the public interest, to protect mobile home owners from unreasonable rent increases and other unreasonable practices by park owners. In fact, park owners have a "captive" market of mobile home owners who cannot move their dwellings to other spaces. (Code 1965, § 4990; Ord. No. 94-13) (u) In the absence of mobile home space rent regulations, park owners would have the power to convert (capitalize) mobile home values into rental charges, since the mobile homes are "immobile." (Code 1965, § 4990; Ord. No. 94-13) (v) At the same time, the City Council finds it necessary to permit rents which will enable park owners to obtain a fair return which is high enough to encourage good management, reward efficiency and discourage the flight of capital. (Code 1965, § 4990; Ord. No. 94-13) (w) Mobile home space rent stabilization regulations are consistent with the city's General Plan policy to encourage a variety of housing types, prices and densities within the community, respond to the need to preserve existing housing stock including mobile homes, increase opportunities for entry to home ownership status and assist in providing housing for low and very low income households. (Code 1965, § 4990; Ord. No. 94-13) (x) Mobile home space rent stabilization regulations can assist in protecting affordable housing in combination with city programs and actions designed to reduce costs to the consumer which help to provide a variety of housing types within a range of costs to meet the needs of all income groups. (Code 1965, § 4990; Ord. No. 94-13) (y) Mobile home rent regulations have been enacted in over 90 jurisdictions within the state in the past 15 years. The City Council is not aware of a single mobile home park which has gone out of business as a result of imposition of mobile home rent regulations. (Code 1965, § 4990; Ord. No. 94-13) (z) The regulations set forth in this division are designed to produce stability in rent increases for mobile home owners while recognizing the rights of mobile home park owners to receive a just and reasonable return. (Code 1965, § 4990; Ord. No. 94-13) (aa) The City Council has approved a negative declaration as the appropriate environmental document and finds that the adoption of the ordinance codified in this division will not have a significant, substantial or adverse effect on the physical environment of the community because enactment of this division involves no deviation from the General Plan and no change in the present use of any property within the city. (Code 1965, § 4990; Ord. No. 94-13) Sec 58-92. Definitions. For the purposes of this division, unless otherwise apparent from the context, certain words and phrases used in this division are defined as follows: (Code 1965, § 4991; Ord. No. 94-13) Affected mobile home owners. All mobile home owners in a mobile home park who have been notified by the park owner that a rent increase is to become effective on the same date, or who have been otherwise made aware, in the absence of such notification, that a rent increase (including a reduction in housing service) has or is to become effective on the same date. (Code 1965, § 4991; Ord. No. 94-13) Base space rent. The space rent charged and allowed as of January 1, 1994, plus any rent increase allowed thereafrer pursuant to this division. (Code 1965, § 4991; Ord. No. 94-13) Capital improvements. The installation of new improvements and facilities or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs. (Code 1965, § 4991; CKd. No. 94-13) City Clerk. The City Clerk of the City of Concord or the Clerk's designee. (Code 1965, § 4991; Ord. No. 94-13) Consumer Price Index (CPI). The Consumer Price Index for all urban consumers for the San Francisco/Oakland/San Jose Area or, if the area designation is revised, for the area which encompasses Concord (all items), index (1982-1984 equals 100) as reported by the U.S. Bureau of Labor Statistics. (Code 1965, § 4991; Ord. No. 94-13) Housing services. Includes those services provided and associated with the use or occupancy of a mobile home space, including but not limited to repairs, insurance, maintenance, replacement, painting, light, heat, water, laundry facilities and privileges, refuse removal, parking, recreation facilities, security service and any other benefits, privileges or facilities for which the park owner expends money or consideration to provide. (Code 1965, § 4991; Ord. No. 94-13) Mobile home. A structure designed for human habitation which is transportable in one or more sections along a street or highway, whether commonly referred to as a mobile home, mobile home coach, manufactured home or trailer. (Code 1965, § 4991; Ord. No. 94-13) Mobile home owner. Any person owning a mobile home who has a tenancy or right of use or occupancy of a mobile home space in a mobile home park. (Code 1965, § 4991; Ord. No. 94-13) Mobile home park. An area of land where two or more mobile home spaces are rented, or held out for rent, or made available for use, to accommodate mobile homes used for human habitation. (Code 1965, § 4991; Ord. No. 94-13) Mobile home park owner or park owner. The owner, lessor, or operator of a mobile home park in the city. (Code 1965, § 4991; Ord. No. 94-13) Mobile Home Park Rent Review Board or Board. The three- member board appointed by the City Council serving as the Mobile Home Park Rent Review Board. (Code 1965, § 4991; Ord. No. 94-13) Mobile home space or space. The site within a mobile home park intended, designed or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in connection therewith where public utilities are provided. (Code 1965, § 4991; Ord. No. 94-13) Rental agreement or lease. An agreement entered into between the park management or owner and a mobile home owner establishing the terms and conditions of a mobile home park tenancy. (Code 1965, § 4991; Ord. No. 94-13) Service reduction. Any reduction in housing services which results in a cost savings to park owner without a corresponding reduction in the moneys demanded or paid for space rent. A service reduction may constitute a space rent increase. (Code 1965, § 4991; Ord. No. 94-13) Space rent. The total consideration, including any bonus, fees, surcharges, benefits or gratuity, demanded or received in connection with the use or occupancy of a mobile home space in a mobile home park, or the transfer of a rental agreement of such mobile home, or for housing services provided, and security deposits, but exclusive of any amount paid for the use of the mobile home as a dwelling unit. (Code 1965, § 4991; Ord. No. 94-13) Space rent increases. Any additional rent above the base space rent which is demanded of or paid by a mobile home owner or tenant for a mobile home space, including service reductions. (Code 1965, § 4991; Ord. No. 94-13) Cross references: Definitions generally, § 1-10. Sec. 58-93. Applicability of division; exceptions. (a) All mobile home spaces within the city shall be subject to the regulations contained herein, except those exempted by the provisions of this section. (Code 1965, § 4992; Ord. No. 94-13) (b) The following mobile home spaces shall be exempt from the provisions of this division: (Code 1965, § 4992; Ord. No. 94-13) (1) Mobile home spaces which were constructed on or after January 1, 1990, in accordance with Civil Code § 798.45. (Code 1965, § 4992; Ord. No. 94-13) (2) Spaces whose rents are exempted from rent regulation because they are covered by a rental agreement meeting all of the requirements of Civil Code § 798.17 or are otherwise exempted from rent regulation by either state or federal law. (Code 1965, § 4992; Ord. No. 94-13) (c) Nothing in this division shall operate to restrict the rents charged by a park owner in the case of voluntary termination, abandonment of coach in place, removal as a result of dealer pull-out, or eviction. the last space rent charged for that space prior to the sale. (Code 1965, § 4992; Ord. No. 94-13) Sec. 58-94. Mobile Home Park Ren[ Review Board. There is hereby created a city Mobile Home Park Rent Review Board ("Board") and rental dispute hearing process. The Board shall consist of three voting members to be appointed by the City Council. Mobile home owners, park owners and park managers shall not serve on the Mobile Home Park Rent Review Board. Members shall serve at the pleasure of the City Council for two-year terms. Implementing regulations shall be adopted by the City Council as it deems necessary to assist and direct the making of determinations consistent with the purposes of this division. (Code 1965, § 4993; Ord. No. 94-13) Cross references: Boards, commissions and committees, § 2-271 et seq. Sec. 88-95. General annual adjustment of rent authorized; amount. (a) No space rent increases shall be permitted except as authorized by this division (Code 1965, § 4994; Ord. No. 94-13) (b) Once every 12 months, the park owner shall be permitted to increase the rent on mobile home spaces covered by this division 60 percent of the percentage increase of the CPI for the 12-month period ending 90 days before such notice of rent increase is given; provided, however, that the annual automatic increase shall be no more than five percent of the base rent charged. (Code ]965, § 4994; Ord. No. 94-13; Ord. No. 97-7) (c) Except as provided in this division, any space rent increase, after January 1, 1994, which exceeds 60 percent of the percentage increase of the CPI for the 12-month period ending 90 days before notice of such rent increase is given; or five percent, whichever is less, above the base space rent; or any housing service reduction without a corresponding decrease in space rent shall be subject to review under the hearing process. (Code 1965, § 4994; Ord. No. 94-13; Ord. No. 97-7) Sec. 58-96. Limit on frequency of rent increases. The space rent of any mobile home space may not be increased more than once in any l2-month period. (Code 1965, § 4995; Ord. No. 94-13) Sec. 58-97. Notice of proposed special rent increase. Any owner whose mobile home park is subject to the provisions of this division and who seeks to increase rent in excess of the amount allowed as a general annual adjustment, or to reduce housing services without a corresponding reduction in space rent, shall be required to file a notice of special rent increase with the City Clerk. The park owner shall provide a copy of the notice of special rent increase to all mobile home owners subject to such rental increase. Concurrent with the filing of the notice of special rent increase, the park owner shall file a declaration under penalty of perjury stating the amount of the rent increase sought, the current space rent, and that a copy of the notice was delivered personally or by mail to each affected mobile home owner. The names and addresses of all affected mobile home owners shall be listed. Suggested forms are attached as appendices B through D set out at the end of this division. (Code 1965, § 4996; Ord. No. 94-13; Ord. No. 97-7) Sec. 58-98. Petition by tenants far review of special rent increase-Procedure. (a) The rental dispute hearing process maybe invoked by written petition of mobile home owners representing ten percent of the mobile home spaces affected by a rent increase. The petition shall be filed with the City Clerk. (Code 1965, § 4997; Ord. No. 94-13) (b) In the petition the mobile home owners shall designate an individual to serve as the mobile home owner representative for the purposes of receipt of all notices, correspondence, decisions and findings of fact required in this division. Service of notice upon the designated mobile home owner representative will constitute adequate and sufficient notice to the mobile home owners who signed the petition. Failure to designate a mobile home owner representative will render the petition incomplete and the petition will not be accepted for filing. (Code 1965, § 4997; Ord. No. 94-13) (c) The petition shall contain the printed name and address (i.e., space number) of each mobile home owner whose rent is being increased, the date said mobile home owner was given notice by the park owner, and the signature of each petitioning mobile home owner. Appended to the petition shall be a copy of the notice given by the park owner (see appendix A for suggested form of petition). (Code 1965, § 4997; Ord. No. 94-13) (1) For the purpose of counting petition signatures only, each mobile home space for which a rent increase was noticed shall count as one unit, regardless of the number of persons living in the mobile home on said space. (Code 1965, § 4997; Ord. No. 94-13) (2) For the purpose of counting petition signatures only, any person over the age of 18 living in a given mobile home may sign a petition on behalf of that mobile home unit. (Code 1965, § 4997; Ord. No. 94-13) sec. 58-99. same-Form and contents of petition. The application for review must be filed on a petition form prescribed by the City Council or its designee and must be accompanied by such supporting material as the City Council or its designee shall prescribe, including, but not limited to, a copy of the park owner's notice of space rent increase. The application shall be made under penalty of perjury and supporting documents shall be certified or verified as requested by the city. Allegations of service reductions shall be submitted in writing. The burden of proof regarding such service reductions shall be on the person alleging such reductions. Suggested forms are attached hereto as appendices A through C. (Code 1965, § 4998; Ord. No. 94-13) Sec. 58-100. Same--Filing requirements for notices and petitions A notice by a park owner for a special rent increase must be filed 90 calendar days prior to the effective date of the increase stated in the notice to the affected mobile home owners. The notice must be accompanied by a statement, signed by the park owner under penalty of perjury, that there are no outstanding Health and Safety Code violations in the mobile home park. An affected mobile home owner shall have 30 calendar days after receipt of notice of a space rent increase from the park owner, or one year from the date a housing service reduction goes into effect without a corresponding rent reduction, to file a petition for a hearing pursuant to section 58- 98. (Code 1965, § 4999; Ord. No. 94-13; Ord. No. 97-7) Sea 58-IOLSame--Information to be provided to tenants. (a) Whenever a park owner notifies a mobile home owner of a proposed general annual adjustment or special rent increase pursuant to this division, the park owner shall also notify the mobile home owner by the same type of notice or, at the park owner's option, in the same notice, in a conspicuous manner, of the mobile home owner's right to utilize the rental dispute hearing process and shall provide the following: (Code 1965, § 5000; Ord. No. 94-13) (1) A current copy of this division (provided, however, that if a copy has previously been provided and there have been no changes made since then, this requirement is waived); (Code 1965, § 5000; Ord. No. 94-13) (2) A statement that a copy of the division was provided to the mobile home owner; and (Code 1965, § 5000; Ord. No. 94-13) (3) The business address and telephone number of the City Clerk. (Code 1965, § 5000; Ord. No. 94-13) (b) All notices shall be given on the same day each calendar year although increases may take effect on different dates. The purpose of this requirement is to avoid the possibility of multiple disputes over rent increases in the same park within a given year. This subsection (b) does not apply to notices of increases pursuant to existing leases. (Code 1965, § 5000; Ord. No. 94-13) (c) A list of all mobile home owners (with their respective space numbers) receiving notice of rent increase concurrently or within the prior 30 days will be made available to any noticed mobile home owner within three days of written request therefor to the park owner. (Code 1965, § 5000; Ord. No. 94-13) Sec. 58-102. Same--Effectlve date of rent increases. In the event that a petition is properly and timely filed by mobile home owners pursuant to section 58-98, that portion of a requested rental increase (and only that portion) which exceeds the 60 percent increase in CPI limitation described in this division or five percent, whichever is less, shall not take effect unless and until such time as such increase or portion thereof is allowed after hearing pursuant to the provisions of this division. (Code 1965, § 5001; Ord. No. 94-13) Sec. 58-103. Same--No[ice of hearing. A hearing shall be conducted within 45 calendar days from the date the petition as described in this division is received by the City Clerk, or within such additional time as may be mutually agreed upon by all parties to the hearing. The parties shall be given notice of the hearing at least 20 calendar days prior to the date set for the hearing. The notice period shall commence upon deposit of the notice in the regular first class mail to the parties. Materials to be considered at the hearing must be made available to both parties to the hearing at least 15 calendar days in advance of the hearing. Extensions of time for the hearing process may be mutually agreed upon by both parties with the concurrence of the city. (Code 1965, § 5002; Ord. No. 94-13; Ord. No. 97-7) Sec. 58-104. Same--Hearing fee. (a) Pursuant to fees established by resolution of the City Council, a reasonable fee shall be charged the park owner for the cost of holding a special rent increase hearing, and a reasonable fee shall be charged the petitioning mobile home owners for a housing service reduction hearing. (Code 1965, § 5003; Ord. No. 94-13) (b) The fee is intended to pay all costs of the city incurred in conducting proceedings on the petition, including, without limitation, city staff time, noticing, audit costs, accountant costs, postage, and costs of in-house or outside services reasonably required to make the record. (Code 1965, § 5003; Ord. No. 94-13) (c) If the amount of the fee exceeds the actual costs incurred, the balance shall be refunded to the payor within 30 calendar days following completion of the proceedings. (Code 1965, § 5003; Ord. No. 94-13) (d) If a rent increase petition is granted in whole or in part, the Board may in its discretion allow the cost of the petition filing fee to be passed through to the affected mobile home owners in addition to the justifiable rent increase. If the rent increase is denied, no part of the hearing fee may be passed through to the mobile home owners. If a housing service reduction petition is granted in whole or in part, the Board may in its discretion allow the cost of the petition filing fee to be assessed against the park owner. (Code 1965, § 5003; Ord. No. 94-13) Sec. 58-IOS. Same--Canduc[ of hearing. The hearing shall be conducted by the Board. Any party or their counsel may appear and offer such documents, testimony, written declaration or other evidence as may be pertinent to the proceeding. A record of the proceedings shall be prepared by the City Clerk, who shall maintain it for a period not to exceed two years. (Code 1965, § 5004; Ord. No. 94-13) Sec 58-106. Same--Grounds fur determination. Based upon the evidence presented at the hearing, the Board shall make a determination whether or not, in light of all the evidence presented, the proposed rent increase is reasonable under the circumstances, in accordance with the maintenance of net operating income Formula as set out herein, or any other factor necessary to provide the park owner with a fair return. The burden of proof regarding such reasonableness shall be on the owner unless otherwise indicated. Provided, however, in the case of a housing service reduction petition brought by mobile home owners where the owner did not first petition for the increase, the determination shall be made based solely on whether or not the housing service reduction resulted in a cost savings to the park owner. (Code 1965, § 5005; Ord. No. 94-13) Sec. 58-107. Same-Notification of determination. Within 15 calendar days following the conclusion of the hearing, the Board shall make a determination in writing whether or not the proposed increase or any portion thereof is reasonable under the circumstances or not, and shall make written findings of fact upon which such determination is based. The City Clerk shall cause copies of the determination and the findings to be mailed by regular first class mail to the parties. (Code 1965, § 5006; Ord. No. 94-13; Ord. No. 97-7) Sec. 58-108. Same--Refund or credit [o tenants when increase determined no[ reasonable. Any rental or housing service charge increases which have been collected by mobile home park owners pursuant to an increase which is the subject of a petition for hearing and which is later determined by the Board to be excessive shall, within 90 calendar days, be either returned to the mobile home owners or credited to future rental charges at the option of the mobile home owner. In no event shall the time period for repayment exceed 90 calendar days for carrying out the decision of the Board. (Code 1965, § 5007; Ord. No. 94-13) Sec. 58-109. Same--Appeal of determination. (a) The determination of the Board shall be appealable to the City Council in accordance with the provisions of section 2-53 of this Code except that the hearing on appeal shall consist solely of a review of the administrative record and inquiry as to whether the Board proceeded without or in excess of its jurisdiction and whether there was any prejudicial abuse of discretion. Abuse of discretion is established if the Board did not proceed in accordance with this division and amendments thereto, its decision is not supported by the findings or the findings are not supported by the weight of the evidence. (Code 1965, § 5008; Ord. No. 94-13) (b) It is the intent of this section to set forth the manner of appeal from decisions of the Mobile Home Park Rent Review Board. Any party disputing the final conclusions and findings of the City Council may seek review of them pursuant to Code of Civil Procedure §§ 1094.5 and 1094.6. (Code ]965, § 5008; Ord. No. 94-13) Sec. 58-110. Same--Applicability of determination. The determination made under the provisions of this division shall be effective with respect to all affected mobile home park spaces, unless the mobile home owner of such space has a written lease with the park owner meeting the requirements of Civil Code § 798.17 which otherwise sets forth the rights and obligations of the parties with respect to rent. (Code 1965, § 5009; Ord. No. 94-13) Sec. 58-111. Increased amounts to be specified in demands for rent For any rent increase approved pursuant to proceedings conducted in compliance with the provisions of this division, the mobile home park owner shall, when demanding any space rent which includes such allowed amounts, specify with particularity that amount along with a citation as to the authority for that amount and a demonstration of its calculation. Any notice of termination of tenancy served by the mobile home park owner upon a mobile home owner on the basis of a failure to pay rent which includes such allowed charges shall similarly show such charges and the authority for their imposition. (Code 1965, § 5010; Ord. No. 94-13) Sec. 58-112. Right of park owner to reyuest special rent increase It is expected that a rent increase within the limits of section 58-95 will provide the park owner with a fair and reasonable return. However, in the event a rent increase in the amounts specified in section 58-95 does not provide the park owner with a fair and reasonable return, the park owner may request an increase in excess of said amounts by filing a notice of special rent increase in accordance with the provisions of sections 58-97 and 58-113 through 58-121. (Code 1965, § 5011; Ord. No. 94-13; Ord. No. 97-7) Sec. 58-113. Presumption of fair base year net operating income. For the purposes of determining the special rent increase necessary to provide the park owner with a fair and reasonable return, it shall be presumed that the net operating income, as described below, received by the park owner in the base year, provided the park owner with a fair and reasonable return. (Code 1965, § 5012; Ord. No. 94-13) Sec. 58-114. Base vear established. Base year means the 1993 calendar year (Code 1965, § 5013; Ord. No. 94-13) Sec 58-I 15. Determination of base year net operating income The base year net operating income shall be determined by subtracting the actual operating expenses for the base year from the gross income realized during the base year (Code 1965, § 5014; Ord. No. 94-13) Sec. 58-116. Rebuttal of fair net operating income presumption The park owner shall provide evidence of gross income, operating expenses, and the determination of net operating income for the base year and current year. All figures shall be certified by the park owner under penalty of perjury as true and correct and with respect to expenses permitted under section 58-119 and income used to determine gross income under section 58-118. Any party to the hearing may present evidence to rebut the presumption of fair and reasonable return based upon the base year net operating income as set forth in section 58-114 and the Board may adjust said net operating income accordingly if at least one of the following findings is made: (Code 1965, § 5015; Ord. No. 94-13; Ord. No. 97-7) (1) The park owner's operating expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustment may be made in calculating operating expenses so the base year operating expenses reflect average expenses for the property over a reasonable period of time. The Board shall consider the following factors in making this finding: (Code 1965, § 5015; Ord. No. 94-13) a. Extraordinary amounts were expended for necessary maintenance and repairs; (Code 1965, § 5015; Ord. No. 94-13) b. Maintenance and repair was below accepted standards so as to cause significant deterioration in the quality of services provided; (Code 1965, § 5015; Ord. No. 94-13) c. Other expenses were unreasonably high or low in comparison to prudent business practices; (Code 1965, § 5015; Ord. No. 94-13) d. Costs of debt service paid during the base year, where the proceeds of the debt were used for capital improvements or rehabilitation in the mobile home park. (Code 1965, § 5015; Ord. No. 94-13) (2) The gross income during the base year was disproportionate. In such instances, adjustments may be made in calculating gross income consistent with the purposes of this division. The Board shall consider the following factors in making this finding: (Code 1965, § 5015; Ord. No. 94-13) a. The gross income during the base year was lower than it might have been because some mobile home owners were charged reduced rent; (Code 1965, § 5015; Ord. No. 94-13) b. The gross income during the base year was significantly lower than normal because of the destruction of the premises and/or temporary eviction for construction or repairs. (Code 1965, § 5015; Ord. No. 94-13) (3) The rents charged by the park owner in the base year were significantly below the rents for mobile home spaces in the city with comparable amenities, because of unique or extraordinary circumstances. (Code 1965, § 5015; Ord. No. 94-13) Sec. 58-117. Determination of current ne[ operating income. The net operating income as of the date of filing a notice requesting an increase in excess of the amounts specified in section 58-95 shall be determined by: (Code 1965, § 5016; Ord. No. 94-13; Ord. No. 97-7) (1) Annualizing the rents in effect as of the date of filing to determine the annualized gross income; (Code 1965, § 5016; Ord. No. 94-13) (2) Determining the operating expenses during the immediately preceding calendar or fiscal year; (Code 1965, § 5016; Ord. No. 94-13) (3) Subtracting the operating expenses determined pursuant to subsection (2) from the annualized gross income. (Code 1965, § 5016; Ord. No. 94-13) Sec. 58-118. Calculation of gross income. (a) For the purposes of determining the net operating income, gross income shall be the sum of the following: (Code 1965, § 5017; Ord. No. 94-13) (1) Gross rents calculated as gross rental income at 100 percent occupancy, adjusted for uncollected rents as provided in subsection (b) of this section: (Code 1965, § 5017; Ord. No. 94-13) (2) Income from any laundry facilities and parking fees; (Code 1965, § 5017; Ord. No. 94-13) (3) All other income or consideration received or receivable in connection with the use or occupancy of the mobile home space. (Code 1965, § 5017; Ord. No. 94-13) (b) Gross rents shall be adjusted for uncollected rents due to vacancy and bad debts to the extent such are beyond the control of the owner. No such adjustment shall be greater than three percent of gross rents unless justification for a higher rate is demonstrated by the owner. (Code 1965, § 5017; Ord. No. 94-13) Sec. 58-119. Calculation of operating expenses. (a) For the purposes of determining net operating income, operating expenses shall include the following: (Code 1965, § 5018; Ord. No. 94-13) (1) Reasonable costs of operation and maintenance. (Code 1965, § 5018; Ord. No. 94-13) (2) Utility costs to the extent they are not paid by the residents. (Code 1965, § 50]8; Ord. No. 94-13) (3) Park owner-performed labor compensated at reasonable hourly rates. (Code 1965, § 5018; Ord. No. 94-13) a. No park owner-performed labor shall be included as an operating expense unless the park owner submits documentation showing the date, time and nature of the work performed. (Code 1965, § 5018; Ord. No. 94-13) b. There shall be a maximum allowed under this provision of five percent of gross income unless the park owner shows greater services were performed for the benefit of the mobile home owners. (Code 1965, § 5018; Ord. No. 94-13) (4) License and registration fees required by law to the extent such are not otherwise paid by the residents. (Code 1965, § 5018; Ord. No. 94-13) (5) Seventy-two percent of the costs of capital improvements plus a reasonable rate of interest on 72 percent of the capital improvement costs where all of the following conditions are met: (Code 1965, § 5018; Ord. No. 94-13) a. The capital improvement is made at a direct cost of not less than $100.00 per affected space or at a total direct cost of not less than $5,000.00, whichever is lower; (Code 1965, § 5018; Ord. No. 94-13) b. The costs, less any insurance proceeds or other applicable recovery, are averaged on a per-space basis for each space actually benefited by the improvement; (Code 1965, § 5018; Ord. No. 94-13) c. The costs are amortized over a period of not less than 60 months; (Code 1965, § 5018; Ord. No. 94-13) d. The costs do not include any additional costs incurred for property damage or deterioration resulting from any unreasonable delay in the undertaking or completion of any repair or improvement; (Code 1965, § 5018; Ord. No. 94-13) e. If the capital improvement is an upgrading rather than a replacement of an existing structure or facility, the cost shall only be allowed as an expense if the upgrading is required by law, or at least one resident of 50 percent of the mobile homes in the park has agreed to the improvement in writing in advance. (Code 1965, § 5018; Ord. No. 94-]3) (6) Real property taxes and assessments to the extent they are not covered by Civil Code § 798.49. (Code 1965, § 5018; Ord. No. 94-13) (b) Operating expenses shall not include the following: (Code 1965, § 5018; Ord. No. 94-13) (1) Mortgage principal or interest payments or other debt service costs or ground lease payments; provided, however, that involuntary increases over the base year amounts occurring as a result of a financing transaction or agreement entered into prior to January 1, 1993, may be considered as operating expenses. For example: refinancing necessitated by the termination of a loan with a balloon payment, or increased costs incurred as a result of a variable interest rate loan used to finance acquisition of the mobile home park. Increased interest or ground lease payments shall be permitted to be considered as an operating expense only where the park owner can show that the terms were reasonable and consistent with prudent business practices when entered into and under current the circumstances remain consistent with prudent business practices; (Code 1965, § 5018; Ord. No. 94-13) (2) Any penalties, fees or interest assessed or awarded for violation of any provision of this division or of any other provision of law; (Code 1965, § 5018; Ord. No. 94-13) (3) Legal fees except as specified in subsection (c) of this section; (Code 1965, § 5018; Ord. No. 94-13) (4) Political contributions; (Code 1965, § 5018; Ord No. 94-13) (5) Any expenses for which the owner has been or will be reimbursed by any discount, security deposit, insurance payment or settlement, judgment for damages, settlement or any other method or device; (Code 1965, § 5018; Ord. No. 94-13) (6) Avoidable and unnecessary expense increases since the base year; (Code 1965, § 5018; Ord. No. 94-13) (7) Depreciation; (Code 1965, § 5018; Ord. No. 94-13) (8) Expenses which are excessive in relation to the customary and reasonable costs of such items; (Code 1965, § 5018; Ord. No. 94-13) (9) Expenses related to the sale or conversion of the mobile home park; (Code 1965, § 5018; Ord. No. 94-13) (10) The costs of capital improvements associated with the purchase and/or installation of separate meters or service unless the park owner can demonstrate that such improvements benefit the mobile home owners; (Code 1965, § 5018; Ord. No. 94-13) (] 1) Expenses for utilities when the income for the utilities is not calculated as part of rental income in determining income herein. (Code 1965, § 5018; Ord. No. 94-13) (c) Legal expenses allowed in the calculation of operating expenses shall include: attorneys' fees and costs incurred in connection with successful good-faith attempts to recover rents owing, successful good-faith unlawful detainer actions not in derogation of applicable law, and legal expenses necessarily incurred in dealings with respect to the normal operation of the park to the extent such expenses are not recovered from adverse or other parties. Attorneys' fees incurred in relation to the administrative orjudicial proceedings in connection with this division are not allowable as operating expenses. (Code 1965, § 5018; Ord. No. 94-13) Sec. 58-120. Calculation of fair and reasonable return I'or special rent increase. (a) It shall be presumed that the base year net operating income adjusted by 60 percent of the percentage increase or decrease in the Consumer Price Index since the base year yields a fair return. The Board shall make a determination whether the park owner will receive a fair return under this standard. (Code 1965, § 5019; Ord. No. 94-13; Ord. No. 97-7) (b) Base year Consumer Price Index shall be the CPI level in the sixth month of the base year. The applicable percentage increase or decrease in the Consumer Price Index shall be determined by comparing the base year CPI with the CPI level on the filing date of the current owner petition. (Code 1965, § 5019; Ord. No. 94-13; Ord. No. 97-7) (c) In evaluating whether or not the park owners are receiving a fair return on their investment, the Board shall consider other relevant factors without limitation. (Code 1965, § 5019; Ord. No. 94-13; Ord. No. 97-7) Sec. 58-121. Determination of allowable special rent increase. (a) The Board shall set the special rent increase in the amount required to provide the park owner with a fair and reasonable return. (Code 1965, § 5020; Ord. No. 94-13) (b) In determining the special rent increase required to provide the park owner with a fair and reasonable return, the following shall be determined: (Code 1965, § 5020; Ord. No. 94-13) (1) The fair and reasonable return in accordance with section 58-120; (Code 1965, § 5020; Ord. No. 94-13) (2) The gross income required to produce the fair and reasonable return; (Code 1965, § 5020; Ord. No. 94-13) (3) The rent increase needed to produce the required gross income. (Code 1965, § 5020; Ord. No. 94-13) Sec. 5&122. Violations; penalty; waiver of rights. (a) Penalty. No person shall demand, accept, receive or retain any rent in excess of the amounts allowed under this division. Any person may file a complaint regarding an alleged violation of this division with the City Clerk. The City Attorney is authorized to, in his discretion, investigate and prosecute those complaints that are determined to merit prosecution. Any person found to have willfully demanded, accepted, received or retained any rent in excess of the amounts allowed under this division is guilty of a misdemeanor. (Code 1965, § 5021; Ord. No. 94-13) (b) Civil action. Any person who willfully demands, accepts, or retains any payment of rent in violation of the provisions of this division shall be liable in a civil action to the person from whom payment is demanded, accepted or retained for damages in the sum of three times the amount by which payment or payments demanded, accepted or retained exceed the maximum rent which could lawfully be demanded, accepted or retained. (Code 1965, § 5021; Ord. No. 94-13) (c) Waiver of rights. (1) Any waiver or purported waiver by a mobile home owner of rights granted under this division prior to the time when said rights may be exercised shall be void as contrary to public policy, except as provided in this section. (Code 1965, § 5021; Ord. No. 94-13) (2) It shall be unlawful for a park owner to require or attempt to require, as a condition of tenancy in a mobile home park, a mobile home owner, or prospective mobile home owner, to waive, in a lease or rental agreement, the rights granted to a mobile home owner by this division. (Code 1965, § 5021; Ord. No. 94-13) (3) It shall be unlawful for a park owner to deny or threaten to deny a tenancy in a mobile home park to any person on account of such person's refusal to enter into a lease or rental agreement or any other agreement under which such person would waive the rights granted to a tenant by this division. (Code 1965, § 5021; Ord. No. 94-13) (4) Nothing in this section shall preclude a mobile home owner or tenant, or prospective tenant, from entering into a lease or rental agreement provided that such lease or rental agreement is not procured by a requirement that it be entered into as a condition of tenancy in the mobile home park, and is not procured under a threat of denial of tenancy in the mobile home park. (Code 1965, § 5021; Ord. No. 94-13) sec. 58-123. Right of tenant ro refuse to pay rent in excess of maximum rent. A tenant may refuse to pay any rent in excess of the maximum rent established pursuant to this division. The fact that the unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobile home space for nonpayment of rent or to collect the illegal rent. (Code 1965, § 5022; Ord. No. 94-13) Sec. 58-124. Mandatory mediation of nonreo[al disputes. (a) Procedure separate from arbitration of rent disputes. This section is provided to enable mobile home owners and park owners to resolve disputes when there is no concufrent issue concerning a rent increase which is subject to the rent dispute resolution process. If at any time while the nonrental dispute remains unresolved there is a rent dispute, then the nonrental dispute issues shall be resolved separately in accordance with this section and shall not be consolidated with the rent dispute proceeding. (Code 1965, § 5023; Ord. No. 94-13) (b) Notice of objection. One or more mobile home owners in a mobile home park, or the mobile home park owner, may at any time file a written objection with the other, as to maintenance, capital improvement, housing services, or any other concern related to the physical condition or living condition of the mobile home park. (Code 1965, § 5023; Ord. No. 94-13) (c) Informal meeting. Within ten days after service of the written objection from a mobile home owner, the mobile home park owner shall set a time and place for a meeting to be held on the mobile home park premises, giving the mobile home owner at least five days' notice of the time and place at which the park owner will be available to meet with the mobile home owner to discuss the objection. In the case of a written objection filed by the park owner, a time and place for discussion shall be set forth in the notice. The purpose of this meeting shall be to allow the parties the opportunity to resolve any differences they may have concerning nonrental disputes. The meeting may be continued to another time and place agreeable to the parties. The parties may agree to consolidate more than one notice of objection in the same discussion. (Code 1965, § 5023; Ord. No. 94-13) (d) Petition for formal mandatory mediation. If the informal meeting does not resolve the dispute to the satisfaction of one or more of the parties, the dissatisfied party or parties (mobile home owner and/or park owner) may, within ten days of the date of the meeting, file with the City Clerk a petition for mediation of nonrent dispute. A reasonable petition filing fee intended to defray the costs of the mediator and the hearing costs shall be established by resolution of the City Council. The filing fee, or a request for waiver of the fee together with supporting affidavit showing the need for the waiver, shall be submitted with the petition. (Code 1965, § 5023; Ord. No. 94-13) (e) Assignment of mediator and hearing date. Upon receipt of the petition, the Board shall assign a mediator. The Board shall set a date for the mediation hearing no sooner than ten or later that 21 days after the mediator is assigned. The parties shall be notified immediately in writing by the Ciry Clerk of the date, time and place of the mediation hearing. So far as possible, the Board shall set the date and time of the mediation hearing shall be set at the convenience of the parties. (Code 1965, § 5023; Ord. No. 94-13) (f) Mediation hearing. (1) The parties may appear at the mediation and offer oral and documentary evidence. The parties may designate a representative or representatives to appear for them at the hearing. Such designation shall be in writing, and in the case of a mobile home owner, the designation may be included on the petition form. The mediator may grant or order one continuance for not more than ten days from the date of the initial mediation hearing. The petitioner shall have the initial burden of proving the merit of each item in dispute. Upon the determination of the mediator that a prima facie case has been made on a particular issue in dispute the burden of proof shall be upon the other party to rebut the claim. (Code 1965, § 5023; Ord. No. 94-13) (2) At any time during the mediation hearing process the mediator may, upon a determination of lack of good faith, or if the parties reach an impasse, or upon a determination that further mediation is impracticable, or not likely to be of further value, terminate the proceeding. The parties shall be notified of this decision in person, if possible, or forthwith in writing if the decision is made outside the presence of the parties. (Code 1965, § 5023; Ord. No. 94-13) (3) In the event that the parties agree to a resolution of the disputed nonrental issues, the mediator shall prepare a memorandum of agreement for the signature of the parties. This agreement shall constitute a legally enforceable contract. Failing execution of a memorandum of agreement by all parties within ten days of the hearing at which agreement is first reached, no executed memorandum of agreement shall be deemed valid or enforceable and the parties shall proceed to best-offer mediation or termination of the proceeding as determined by the mediator. (Code 1965, § 5023; Ord. No. 94-13) (4) The mediator may request each party to submit a best offer in writing within five days of the initial mediation hearing or the continued hearing, if any, if agreement is not reached at that hearing. Failure of any party to submit a best offer shall be deemed to be a rejection of mediation as to that party, and the mediation proceeding shall be terminated therewith. Upon receipt of a best offer from each party, the mediator shall determine the resolution of the dispute which is reasonable. The determination of the mediator shall be based upon all the provisions of this division and shall be made within ten days after submittal of the parties' best offers. The mediator shall forthwith communicate this determination and the reasons for it in writing by mail to the parties and the Board. The determination of the mediator is final and binding unless one or more of the parties within ten days files a written rejection of the mediator's determination, in which case the mediation process is terminated. (Code 1965, § 5023; Ord. No. 94-13) (5) The record of the mediation shall be filed by the mediator with the City Clerk. Such record shall be admissible evidence in any subsequent rent dispute proceeding. (Code 1965, § 5023; Ord No. 94-13) Sec. 58-125. Extension of tlme. By written agreement of the parties or upon application to the Board and for good cause shown, the timeframes provided for under this division may be extended. (Code 1965, § 5024; Ord. No. 94-13) Sec. 58.126. Duty of park owner to provide copy of division to tenants. (a) It shall be the duty of every park owner to provide a copy of this division, with appendix E attached as the front page and appendix G as the second page, to each resident mobile home owner or prospective resident mobile home owner at least three working days prior to the signing of any lease or rental agreement. All mobile home owners and prospective mobile home owners shall sign two copies of appendix F acknowledging receipt of a copy of the division. The park owner shall keep a signed copy of this division. (Code 1965, § 5025; Ord. No. 94-13) (b) It shall be the duty of every park owner to provide, upon request, a copy of appendix E to each and every mobile home owner tenant seeking to sell his mobile home. (Code 1965, § S02S; Ord. No. 94-13} (c) A single copy of the division shall be provided to each park owner by the city for reproduction by the park owner. Whenever this division is amended, the city shall send an updated copy of this division to each park owner. (Code 1965, § 5025; Ord. No. 44-13) Sec 58-127. Duty of mobile home owner ro provide copy of appendix E [o prospective buyers. It shall be the duty of every mobile home owner seeking to sell his mobile home to provide a copy of appendix E to each prospective buyer of the mobile home. The mobile home owner shall be provided a copy of appendix E by the park owner pursuant to section 58-126. (Code 1965, § 5026; Ord. No. 94-13) Sec. 58-128. Administrative fee. (a) An administrative fee may be imposed for the purpose of defraying the cost of administration of this division. The fee is to be established by resolution of the City Council and may be determined by the city (on an annual basis) from all or part of the costs incurred in the administration of this division in the prior calendar or fiscal year based on the general costs of administration, including city staff time, costs of drafting the ordinance, preparation of notices, postage, copying, etc. The administrative fee shall be apportioned equally to all mobile home spaces in the city except those exempt from local rent control pursuant to Civil Code § 798.17. (Code 1965, § 5027; Ord. No- 94-13) (b) The administrative fees imposed by this section shall be paid by the park owner within 45 days from the date of billing by the city. (Code 1965, § 5027; Ord. No. 94-73) (c) The park owners may pass through 50 percent of the administrative fees assessed against them to the mobile home owners. The pass-through shall be apportioned equally among the affected mobile home spaces and shall be amortized over a 12-month period. The administrative fee passed through shall be itemized on the rent notices and shall not be included as part of the base rent upon which future rent increases are based. The amount shall be deleted from the space rent once the pro-rata share of administrative fees has been collected. (Code 1965, § 5027; Ord. No. 94-13) Appendix A PETITION PROTESTING SPECIAL RENT INCREASE We, the undersigned, home owners at Mobile Home Park in Concord, California, having been served with a Notice of Special Rent Increase by the Park owner, hereby protest the increase and request voluntary negotiations between the owner and the following committee of home owners pursuant to the provisions of chapter 58, article II, division 3 of the Concord Municipal Code; (Insert names, addresses and telephone numbers of proposed tenant committee.) Date Notice TABLE INSET: Name (Printed) Signature Space No. Received A copy of the owner's notice is annexed to this petition. (Code 1965, art. IV, ch. 9(8), app. A; Ord. No. 94-13; Ord. No. 97- 7) Appendix B PROOF OF SERVICE BY MAIL, IF SIGNED IN CALIFORNIA I am a citizen of the United States and a resident of County, California. I am over the age of 18 years and I am not a party to this matter. My business address is On , I served the within on the in this matter by placing a true copy thereof enclosed in a sealed envelope with postage thereon, fully prepaid, in the United States mail at addressed as follows: I declare under penalty of perjury that the foregoing is true and correct. Executed at ,California on TABLE INSET: Print Name Signature (See Code of Civil Procedure § 2015.5 for proper form to use if proof of service is signed outside California.) (Code 1965, art. IV, ch. 9(S), app. B; Ord. No. 94-13) Appendix C PROOF OF PERSONAL SERVICE, TF SIGNED IN CALIFORNIA I am a citizen of the United States and a resident of County. I am over the age of eighteen years and not a party to this matter. My business address is I served the within (Insert Name of Paper Served) by personally delivering to and leaving with the following persons in the County of ,State of California, on the date set opposite their respective names a true copy thereof, to wit: TABLE INSET: Name Place (Address) Date Name Place (Address) Date Name Place (Address) Date I declare under penalty of perjury that the foregoing is true and correct. Executed at ,California on TABLE INSET: Print Name Signature (See Code of Civil Procedure § 2015.5 for proper form to use if proof of service is signed outside California.) (Code 1965, art. IV, ch. 9(8), app. C; Ord. No. 94-13) Appendix D OWNER'S NOTICE OF SPECIAL RENT INCREASE I, the owner of Mobile Home Park in Concord, California, pursuant to the terms of Ordinance No. 94-13 hereby notify you of a Special Rent Increase in the amount of $ Date: TABLE INSET: Signature of Owner Note: This notice is to be filed with the City Clerk and must include a document showing that the tenants have been notified of the increase. This type of notice is found in appendices B and C to this division. (Code 1965, art. IV, ch. 9(8), app. D; Ord. No. 94-13; Ord. No. 97- 7) Appendix E CITY OF CONCORD MOBILE HOME PARK RENT STABILIZATION ORDINANCE NOTICE Pursuant to Concord Municipal Code Section 58-101, the owner, lessor, operator or manager of a mobile home park in the City of Concord is required to provide to each tenant or prospective tenant a current copy of the Concord Mobile Home Park Rent Stabilization Ordinance (chapter 58, article II, division 3 of the Concord Municipal Code), with a copy of this Appendix attached as the front page, prior to the signing of any lease or rental agreement. All tenants or prospective tenants are required to sign two copies of Appendix F acknowledging receipt of the Ordinance. Pursuant to Concord Municipal Code Section 58-127, the tenant seeking to sell his or her mobile home shall provide a copy of this Appendix to each prospective buyer of the mobile home. IMPORTANT NOTICE 1. The City of Concord has enacted a Mobile Home Park Rent Stabilization Ordinance 2. You do not have to sign a lease or rental agreement with a term longer than 12 months in order to be able to live in this park. 3. If you choose to enter into a lease or rental agreement with a term longer than 12 months, your space will not be covered by the provisions of the Mobile Home Park Rent Stabilization Ordinance. In order to fully understand the provisions of the ordinance you should consult a complete copy of the ordinance. The following, however, is a summation of certain pertinent provisions of the ordinance. t3NDER THE ORDINANCE 1) You may receive an annual rent increase no more than 60% of the San Francisco/OaklandlSan Jose Consumer Price Index (CPI). A park owner who seeks to increase rents above that amount must notify the City Clerk of the proposed Special Rent Increase. Park tenants may require a special hearing before the Mobile Home Park Rent Review Board before an annual rental increase larger than 60% of the CPI may take effect. 2) An increase in rent is prohibited, with certain exceptions, when there is an in-place sale of a mobile home. The last rent charged the previous tenant is the new tenant's initial rent. (Code 1965, art. IV, ch. 9(8), app. E; Ord. No. 94-13; Ord. No. 97- 7) Appendix F CITY OF CONCORD MOBILE HOME PARK RENT STABILIZATION ORDINANCE I, ,hereby acknowledge receipt of a copy of the Concord Mobile Home Park Rent Stabilization Ordinance, chapter 58, article II, division 3 of the Concord Municipal Code. TABLE INSET: Signature Date (Code 1965, art. IV, ch. 9(8), app. F; Ord. No. 94-13) Appendix G CITY OF CONCORD MOBILE HOME PARK RENT STABILIZATION ORDINANCE NOTICE IMPORTANT NOTICE TO HOMEOWNER REGARDING THE PROPOSED RENTAL AGREEMENT FOR MOBILE HOME PARK. PLEASE TAKE NOTICE THAT THIS RENTAL AGREEMENT CREATES A TENANCY WITH A TERM IN EXCESS OF 12 MONTHS. BY SIGNING THIS RENTAL AGREEMENT, YOU ARE EXEMPTING THIS MOBILE HOME SPACE FROM THE PROVISIONS OF THE CITY OF CONCORD RENT CONTROL LAW. THE CITY OF CONCORD AND THE STATE MOBILE HOME RESIDENCY LAW (CALIFORNIA CIVIL CODE § 798 ET SEQ.) GIVE YOU CERTAIN RIGHTS. BEFORE SIGNING THIS RENTAL AGREEMENT YOU MAY CHOOSE TO SEE A LAWYER. UNDER THE PROVISIONS OF STATE LAW, YOU HAVE A RIGHT TO BE OFFERED A RENTAL AGREEMENT FOR ONE (I) TERM OF 12 MONTHS, OR (2) A LESSER PERIOD AS YOU MAY REQUEST, OR (3) A LONGER PERIOD AS YOU AND THE MOBILE HOME PARK MANAGEMENT AGREE. YOU HAVE THE RIGHT TO REVIEW THIS AGREEMENT FOR 30 DAYS BEFORE ACCEPTING IT OR REJECTING IT. IF YOU SIGN THE AGREEMENT YOU MAY CANCEL THE AGREEMENT BY NOTIFYING THE PARK MANAGEMENT IN WRITING OF THE CANCELLATION WITHIN 72 HOURS OF YOUR EXECUTION OF THE AGREEMENT. IT IS UNLAWFUL FOR A MOBILE HOME PARK OWNER OR ANY AGENT OR REPRESENTATIVE OF THE OWNER TO DISCRIMINATE AGAINST YOU BECAUSE OF THE EXERCISE OF ANY RIGHTS YOU MAY HAVE UNDER THE CITY OF CONCORD RENT CONTROL LAW, OR BECAUSE OF YOUR CHOICE TO ENTER INTO A RENTAL AGREEMENT WHICH IS SUBJECT TO THE PROVISIONS OF THAT LAW. I hereby declare under penalty of perjury under the laws of the State of California that I gave a copy of this notice to on , 20 TABLE INSET: By: I acknowledge receipt of this notice on , 20 TABLE INSET: Tenant and/or Mobile Home Owner (Code 1965, art. IV, ch. 9(8), app. G; Ord. No. 94-13) ABOUT CONCORD o Slide Show o City HiQhli hg_ts • Awards & Recognition • Sister City • Downtown Concord o City News • News Releases • Newsletter • TV Schedule o City Initiatives • Current Citylnitiatives • Completed Citesinitiatives o Contact Us • Elected Officials & Cit~Staff • Report a City Concern • Maps & Directions • Outside /Government Links • Who To Call o Demographics & History • Demographics • History ATTACHEMENT "C" WINDSOR RENT STABILIZATION ORDINANCE CHAPTF,R 1. RRNT STABILI7.ATION TIT LE VI11 MOBILE HOME REGULATIONS CHAPTER 1. RENT STABILIZATION Article 1. Findings and Purpose; Definitions 8-1-100 Findings and Purpose. 8-1-105 Additional Findings and Purpose. 8-1-110 Definitions. Article 2. Rent; Dispute Process 8-1-200 Base Rent--Initial Calculation. 8-1-205 Residential Rent Increase Limitations. 8-1-210 Information to Be Supplied Tenants and Tenants-To-Be. 8-1-215 The Rent Dispute Resolution Process. 8-1-220 Rights of a Tenant-To-Be. 8-1-225 Subpoena Power. 8-1-230 Consolidations of Petitions. 8-1-235 Standards of Review. 8-1-240 Net Operating Income. 8-1-245 Obligations of the Parties. 8-1-250 Tenant's Rights of Refusal. Page 1 of 17 8-1-255 Retaliatory Acis; Tenants' Rlght to Organize; Petitions to Waive Rights are Without Effect. Article 3. Administration 8-1-300 Fees. 8-1-305 Exemption from Fees. 8-1-310 Nonwaiverability. 8-1-315 Penalties and Remedies. 8-1-320 Rights of Affected Tenants Reserved. http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER_1_RENT_STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION 8-1-330 Review by the Town Council. 8-1-335 Severability. 8-1-340 Vacancy Control--Establishment of New Base Rent. 8-1-345 When Recreational Vehicle Space Tenants are to Be Treated as "Affected Tenants." 8-1-350 Suspension; Invalidity. Article 1. Findings and Purpose; Definitions 8-1-100 Findings and Purpose. Page 2 of 17 a. In 1985 the Sonoma County Town Council recognized that a serious problem of rapidly increasing mobile home park space rents existed in the unincorporated areas of Sonoma County. In 1986 the Board retained an experienced consultant, Connerly & Associates, Inc., to conduct a market survey of mobile home parks and mobile home park residents in the County. b. In January, 1987, Connerly and Associates, Inc., submitted to the Board a written report detailing their findings, which were as follows: 1. The majority of mobile homes in the County are located in rented spaces in mobile home parks. 2. In the unincorporated area of the County, there are seventy-five (75) mobile home parks containing three thousand six hundred fifty-nine (3,659) spaces (in 1986). 3. Mobile homes in mobile home parks provide an important alternative form of housing for a substantial number of County residents. 4. The majority of mobile home park residents are age sixty-five (65) or older. 5. The median income of mobile home park residents in unincorporated County areas is fourteen thousand ($14,000.00) dollars per year, which is defined by the U.S. Department of Housing and Urban Development as "lower" income (in 1986). 6. In the unincorporated County areas, about forty-three (43%) percent of mobile home park residents are defined as "very low" income recipients according to the HUD definition of that term (in 1986). 7. Seventy (70%) percent of mobile home park resident households have at least one (1) retired member whose primary source of income is Social Security payments. 8. During the past three (3) years, median mobile home park space rents have increased by eighteen point one (18.1 %) percent. 9. A majority of mobile home park residents in the County pay more than twenty-five (25%) percent of their income for housing. 10. A large majority of mobile home park residents own the mobile homes which they occupy and many of these residents have substantial loan payments to meet in addition to rent payments. 11. The median estimates sales value of a mobile home in a mobile home park exceeds thirty thousand ($30,000.00) dollars. 12. Many mobile home park residents were born in Sonoma County or have lived in the County for ten (10) years or more. http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER 1 RENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 3 of 17 13. The vacancy rate among mobile home park spaces is zero point three (0.3%) percent (in 1986). 14. The cost of moving a mobile home is in the range of two thousand nine hundred ($2,900.00) dollars to four thousand ($4,000.00) dollars or more (in 1986). c. The Town Council reviewed the above conclusions on March 16, 1987, and found them to be true and correct. In reviewing a new rent control survey prepared by Connerly and Associates in early 1992, the Town Council found a profound need for continued mobile home space, and, in special circumstances, recreational vehicle space rent control. The Town Council found the 1992 survey, its data and its conclusions to be true and correct, and took particular note of the following: 1. Mobile homes and manufactured housing have represented an affordable form of shelter to millions of Californians with modest incomes. This has been especially true for elderly persons living on fixed Social Security or retirement incomes. 2. A vacancy rate of one point two (1.2%) percent In 1991 and vacancy rates of typically one (1 %) percent or less over the past five (5) years have given mobile home park owners a virtual oligopoly where market forces do not Influence space rental pricing. 3. Typical moving costs for mobile homes from one mobile home park to another (if vacant spaces could be located) range from approximately five thousand ($5,000.00) dollars to nine thousand four hundred ($9,400.00) dollars depending upon the size of the mobile home. 4. The average annual rent increase proposed by park owners between 1987 and 1991 was thirteen point two (13.2%) percent annum. Pursuant to the rent stabilization ordinance, an average less than half (1/2) the proposed percentage rent increase was authorized during those years. 5. Persons over sixty-five (65) comprised over half (1/2) of the mobile home park population. 6. Of those survey respondents reporting their level of income, forty-three (43%) percent were very low-income (fifty (50°10) percent or fens of the median county income), and twenty- seven (2 7%) percent were lower-income (fifty (50%) percent -eighty (80%) percent of the median County income). 7. Few residents reported substantial assets which they could draw upon to meet future housing expenses. Fewer than half (112) of the respondents had thirty thousand ($30,000.00) dollars or more in assets (excluding the value of their mobile homes). 8. Under the County's voluntary mediation program between 1985 and 1987, park owners proposed annual rent increases averaging nine point six (9.6%) percent, nearly four (4) times the rate of general price increases according to the CPI for Sonoma County. After mandatory arbitration was established, and the current rent control ordinance adopted, requested rent increases were generally twice or more of the approved rent increases. Approved rent increases, on the average, began to mirror the CPI. 9. The mobile home space rent stabilization program has succeeded in its broad objectives and should be expanded to address additional problem areas. 10. The Town Council found that it would be desirable to include long-term recreational vehicle space tenants in mobile home parks under the rent stabilization program. Such tenants in mobile home parks appear io be similady situated to mobile home tenants except for the vehicular character of their dwellings. Although mobile, recreational vehicles in mobile home parks are "trapped" by the low vacancy rate within mobile home parks. Transient recreational vehicle parks are not amenable to the type of permanent residency needs of permanent recreational vehicle space tenants. 11. The Town Council found that it would be desirable to provide prospective mobile home park tenants with an option to choose between along-term lease and a periodic tenancy of less than one (1) year in duration. The terms offered under typical long-term leases by some park owners are excessively long, oppressive, one-sided adhesion agreements. Such an option furthers a legitimate governmental objective and is not in conflict with or preempted by State law. 12. The Town Council found that, on average, several dozen mobile homes are sold or offered for sale http://vvww.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER 1_RENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 4 of 17 each year in Sonoma County. The sale of these mobile homes on-site subjects mobile home coach owners to unreasonably suppressed resale rates due to oppressively high rental adjustments upon rent decontrol. The Town Council found that it would be desirable to provide vacancy control in its rent stabilization program as hereunder provided. 13. The need for effective and fair mobile home park space rent stabilization continues to exist in Sonoma County in 1992 as it did in 1986. (Ord. No. 92-25 § 1) 8-1-105 Additional Findings and Purpose. a. Based on the aforementioned findings, the County of Sonoma enacted County Ordinance 4667. As County Ordinance 4667 forms the basis of this section, to the extent necessary and appropriate the Town Council hereby incorporates the consultant's study and the County's findings. In addition, the Town Council finds the following. Statistically, the mobile home park vacancy rate averages under one (1 %) percent with a shortage of parks, and no new ones being built. The cost of moving a mobile home today is exorbitant and averages over six thousand ($6,000.00) dollars. Over fifty (50%) percent of the residents are over sixty-five (65); Social Security is the primary source of income for over seventy (70%) percent and many residents are either single or widowed. This is true affordable housing and needs to be preserved. There is a great need to prevent excessive space rent increases which could result in threats to health and safety and possible economic eviction. b. The purpose of this section is to stabilize the rate of mobile home park space rental in order to: 1. Prevent exploitation of the shortage of vacant mobile home park spaces; 2. Prevent excessive and unreasonable mobile home park space rent increases; 3. Rectify the disparity of bargaining power which exists between mobile home park residents and mobile home park owners; 4. Provide mobile home park owners with a guaranteed rate of annual space rent increase which accurately reflects the rate of inflation and increases in their expenses; 5. Provide a process for ensuring mobile home park owners a fair, just and reasonable rate of return on their parks in cases where the guaranteed annual space rent increase provided by this section proves insufficient. (Ord. No. 92-25 § 2) 8-1-110 Definitions. As used in this section: Affected tenants shall mean those tenants whose space is not covered by a valid lease meeting the requirements as outlined in Section 798.17(b) of the California Civil Code. Such tenants are to be notified that a space rent increase is to become effective. Arbitrator shall mean a person (1) who is neither a tenant as that term is defined in this section nor who has an interest in a mobile home park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were an elected state official; and (2) a person whom the Clerk of the Windsor Mobile Home Space Rent Stabilization Program (see definition of "Clerk" below) determines meets one of the following criteria: 1. Completion of a Juris Doctor or equivalent degree from a school of law and completion of a formal http://www.bpcnet.com/codes/Windsor/_DATA/TITLE08/CHAPTER_1_I2ENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 5 of 17 course of training in arbitration which, in the sole judgement of the Clerk of the Windsor Mobile Home Space Rent Stabilization Program, provides that person with the knowledge and skills to conduct a space rent dispute arbitration in a professional and successful manner; or 2. Completion of at least three (3) arbitration proceedings for a Superior Court or other public entity that involved issues the Clerk of the Windsor Mobile Home Space Rent Stabilization Program finds similar to those raised in space rent dispute; or 3. Served as a California Superior or Municipal Court pro tempore judge. Base rent shall mean the authorized rent, calculated pursuant to the provisions of Section 8-1-200, plus any rent increase allowed under this section or any rent adjustment attributable to vacancy decontrol as provided in Section 8-1-340. Clerk shall mean the Clerk of the Windsor Mobile Home Space Rent Stabilization Program, who shall be the Town Manager or his or her designee. Capital improvements means those improvements that materially add to the value of the property and appreciably prolong its useful life or adapt it to new uses, and which may be amortized over the useful remaining life of the improvements to the property. The term "capital improvements" does not include those costs associated with the normal maintenance and upkeep of facilities and premises which were reasonable intended to be part of consideration provided by the mobile home park as rent. Substantial rehabilitation of the park that is necessitated as a result of the park owner's neglect, permissive waste, deferred maintenance or acts of God shall not be regarded to be capital improvements to the extent that they restore facilities and premises to the conditions reasonably bargained for by the mobile home park tenants. Proposed capital improvements claims must set forth an amortization table spreading the cost of the improvement over its proven useful life. Such costs must be separately itemized, if approved, on the monthly rent invoice. Monthly rent shall be decreased for such amortized capital improvement expenses at the end of the amortization period. Failure to do so shall be regarded to be an unauthorized increase in rent. Capital improvements must be for the primary benefit, use and enjoyment of the tenants of the entire park, and costs must be allocated over all beneficiaries of the improvement. Consumer price index shall mean the Consumer Price Index for all Urban Consumers, San Francisco- Oakland Area, published by the U.S. Department of Labor, Bureau of Labor Statistics. Housing services shall mean a service provided by the owner related to the use of occupancy of a mobile home space, which is neither a capital improvement nor substantial rehabilitation as those terms are defined herein, including but not limited to, repairs. replacement, maintenance, painting, lighting, heat, water, laundry facilities, refuse removal, recreational facilities, parking, security service and employee services. Mobile home shall mean a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. "Mobile Home" includes a manufactured home, as defined in Section 18007 of the California Health and Safety Code, and a mobile home, as defined in Section 18008 of the California Health and Safely Code, but does not include a recreational vehicle, as defined in Section 799.24 of the California Civil Code and Section 18010 of the California Health and Safety Code, or a commercial coach, as defined in Section 18001.8 of the California Health and Safety Code except when such a vehicle has continuously remained within a mobile home park for a period in excess of nine (9) months. Mobile home park shall mean any area of land within the Town of Windsor where two (2) or more mobile home spaces are rented, or held out for rent, to accommodate mobile homes used for human habitation. Mobile home park owner shall mean any owner, lessor, or sublessor of a mobile home park in the incorporated areas of the Town who receives or is entitled to receive rent for the use or occupancy of any mobile home space thereof, and the representative, agent, or successor of such owner, lessor, or sublessor, and who reports to the Internal Revenue Service any income received or foss of income resulting from such ownership or claims any expenses, credits or deductions because of such ownership. http://www.bpcnet.com/codes/wndsor/ DATA/TITLE08/CHAPTER_1_RENT STABIL... 3/3]/2008 CHAPTER 1. RENT STABILIZATION Page 6 of 17 Mobile home space shall mean any site within a mobile home park located in the Town intended, designed or used for the location or accommodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith except: (1) sites rented together and concurrently with a mobile home provided by the mobile home park owner, and (2) "new construction" as defined by Civil Code Section 798.45. The term "mobile home space" shall also include, for purposes of the rent stabilization ordinance codified in this chapter and accompanying fee ordinance, rentable spaces within mobile home parks which have been occupied by a "recreational vehicle" as defined by Civil Code Section 799.24 for a period of nine (9) months or more. Mobile home space tenant means a tenant, subtenant, lessee, or sublessee or any other person entitled to the use or occupancy of any mobile home space not otherwise a party to a rental agreement exempt from regulation under this section pursuant to Civil Code Section 798.17. Net operating income shall mean net operating income as defined in Section 8-1-240a. Owner shall mean a mobile home park owner. Party shall mean and refers to any affected mobile home tenant and/or owner involved in proceedings under this chapter. Percent change in consumer price index shall mean the annual percent change in the Consumer Price Index (CPI), calculated to the nearest tenth, published for the month of July, issued in the month of August. In the event that an index is not published for the month of July, the closest preceding month for which an index is published shall be used. It is the intent of this section to fix the CPI in the beginning of the fiscal year (for the rest of that fiscal year) barring an unforeseen failure to publish a CPI for the month of ,luly. Rent shall mean mobile home space rent. Rent increase means any additional space rent demanded of or paid by a tenant for a mobile home space including any reduction in housing services without a corresponding reduction in the amount demanded or paid for rent. Said increase shall be (i) uniform In percentage rate relative to current base rent for all spaces subject to the increase; or (ii) uniform in dollar amount relative to base rent for all spaces subject to the increase. Failure to reduce rent at the end of an amortization period for a capital improvement or for separately billed utilities will also be regarded to constitute an authorized rent increase for the purpose of this chapter. Rent stabilization administration fee shall mean the fee established by resolution of the Town Council in accordance with the provisions of Section 8-1-300 herein. Space rent shall mean the total consideration, including any bonus, benefit, or gratuity, demanded or received by a mobile home park owner for or in connection with the use or occupancy of a mobile home space or any housing services provided with the mobile home space. Space rent shall not include any amount paid for the use or occupancy or a mobile home dwelling unit, unless the amount paid for the use or occupancy of a mobile home is or includes consideration paid to a mobile home park owner under a rental agreement or other document evidencing tenancy of the mobile home. Space rent shall also not include the proportional amount of the Fire Protection Special Tax (originally imposed via Ordinance No. 3540 R of the County of Sonoma) attributable to a particular mobile home space. Substantial rehabilitation shall mean that work done by an owner to a mobile home space or to the common areas of the mobile home park, exclusive of a capital improvement as that term is defined herein, the value of which exceeds two hundred ($200.00) dollars and which is performed whether to secure compliance with any State or local law or to repair damage resulting from fire, earthquake, or other casualty or natural disaster, to the extent such work is not reimbursed by insurance. Tenant shall mean mobile home space tenant. Tenant-to-be shall mean a person who is not currently a tenant in a mobile home park but is a prospective mobile home space tenant who desires the use of a mobile home space as defined in this http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER 1_RENT_STABIL... 3/31/2008 Cl-IAPTER 1. RENT STABILIZATfON Page 7 of 17 chapter and has presented hlmselfl herself to the park owner as such. (Ord. No. 92-25 § 3; Ord. No. 95-70 § 1) Article 2. Rent; Dispute Process 8-1-200 Base Rent--Initial Calculation. Except as hereinafter provided, an owner shall not demand, accept, or retain rent for a mobile home space exceeding the rent in effect for the space on the effective date of this section. If a previously rented mobile home space was not rented on the effective date of this section, the owner shall not, except as hereinafter provided, demand, acceptor retain rent for the space exceeding the rent in effect during the last month the space was rented prior to the effective date of this section. (Ord. No. 92-25 § 4) 8-1-205 Residential Rent Increase Limitations. a. Except as provided in subsections b. and c. of this section, from and after August 22, 1992, or the effective date of this chapter*, whichever should be earlier, the space rent payable for use or occupancy of any mobile home space shall not be increased, in any twelve (12) month period, more than one hundred (100%) percent of the percent change in the Consumer Price Index. 'Editor's Note: This chapter was adopted by Ordinance No. 92-25 on October 28, 1992. b. If a park owner wishes to apportion to each space on a pro rata basis the allowable percentage of any current rent stabilization administration fee, in addition to any increase of space rent in accordance with subsection a. of this section, the following provisions shall apply: 1. The owner shall provide to all affected tenants documentation supporting the allowable amount to be collected in order to recover a portion of rent stabilization administration fees. At a minimum such documentation shall include: billing notices or other equivalent documents from the Town imposing the rent stabilization administration fee; a copy of Section 8-1-300 which authorizes the apportionment of rent stabilization administration fees; the calculations used by the owner to apportion the cost of the allowable percentage among the affected tenants. In addition, the owner shall provide all affected tenants with the address and telephone number of the Clerk and the fact that the affected tenant is encouraged to contact the Clerk for an explanation of the provisions of this chapter. 2. A rent increase approved pursuant to the provisions of this section and in accordance with the procedure set forth in Section 8-1-215 of this chapter shall not be considered part of the rent base upon which future rent increases can be made. c. In the event an owner wishes to increase the rent payable for any mobile home space within a twelve (12) month period more than the amount permitted in subsection a. of this section for any reason other than that stated in subsection b. of this section, the procedures set forth in Sections 8-1- 210 and 8-1-215 shall be followed. In the event an owner wishes to increase the rent payable for any mobile home space within a twelve (12) month period more than three hundred (300%) percent of the percentage change in the CPI, arbitration shall automatically be required to show goad cause why such an increase is necessary. The arbitrator may reduce this proposed increase to a figure determined upon by the evidence submitted by the park owner or his or her representative to be a fair return on investment. d. A notice of rent increase given by an owner pursuant to subsection a., b. or c. of this section shall be given in writing at least ninety (90) days before any rent increase is to take effect. Ord. No. 92-25 § 5; Ord. No. 95-70 § 2)) 8-1-210 Information to Be Supplied Tenants and Tenants-To-Be. http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER_1_RENT_STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 8 of 17 a. Within thirty (30) days after the operative date of this chapter and upon rerenting of each mobile home space thereafter, the owner shall supply each affected tenant or tenant-to-be with a current copy of this chapter. b. Whenever the owner serves a notice of rent increase, except a notice of rent increase provided pursuant to Section 8-1-205b.1, the owner shall at the same time and in the same manner serve the affected tenant or tenant-to-be with a notice that sets forth all of the following information: 1. The amount of the rent increase both in dollars and as a percentage of existing rent and either: (a) A statement that the owner considers the rent increase consistent with the limitations set forth in Section 8-1-205a., or (b) Documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expense; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired; 2. The identity of all other affected tenants and the spaces which they rent and a roster of the tenants in the park occupying recreational vehicles in place for more than nine (g) months; 3. The address and telephone number of the Clerk, the fact that the tenant is encouraged to contact the Clerk for an explanation of the provisions of this chapter and the fact that documentation supporting the level of increase is on file with the Clerk; 4. A copy of the official petition form as prepared and presented by the Clerk which initiates the process established by this chapter; 5. In addition, park owner shall place on file with the Clerk two (2) copies of: documentation supporting the level of increase desired, including at a minimum: a summary of the unavoidable increases in maintenance and operating expenses; a statement of the cost, nature, amortization, and allocation among mobile home spaces of any substantial rehabilitation or capital improvement; a summary of the increased cost of the owner's debt service and the date and nature of the sale or refinancing transaction; a summary of the owner's net operating income of the preceding twenty-four (24) months and other relevant information that supports the level of rent increase desired. These documents will be available for inspection at the office of the Clerk of the Windsor Mobile Home Space Rent Stabilization Program; 6. If applicable, notification that the proposed rent increase exceeds three hundred (300%) percent of the change in the Consumer Price Index, and that arbitration is deemed automatically required by the provisions of Section 8-1-2056 without any need to file an arbitration petition. Such notices shall bear the following language: "ARBITRATION OF THE PROPOSED INCREASE IS AUTOMATICALLY REQUIRED IN THIS MATTER BY OPERATION OF LAW." Erroneous use of this notice shall be regarded as an irrevocable stipulation to the jurisdiction of the arbitrator. c. The park owner shall also serve any tenant-to-be as defined in Section 8-1-110 with a separate "RENTAL OPTION" notice which sets forth the recitation in capital letters set forth in Section 8-1-220, Rights of a "Tenant-To-Be." d. An owner failing to provide an affected tenant or tenant-to-be with the information, documents and notices required by this section shall not be entitled to collect any rent increase otherwise authorized by this section from that tenant nor to any rent increase that might otherwise be awarded by an arbitrator. Such failure by the owner shall be a defense in any action brought by the owner to recover possession of a mobile home space or to collect any rent increase from the tenant. An owner may cure the failure to serve any notice or meet the obligation to provide information to a tenant or tenant- to-be which is required under this section by giving such notice or information before initiating an action for possession of the space or collecting any rent increase or binding atenant-to-be to a month- to-month rental/long-term lease election otherwise authorized hereunder. http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER 1 RENT_STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 9 of 17 e. An affected tenant who is given notice of a rent increase is entitled to file a Petition for Space Rent Review as provided in Section 8-1-215 in spite of the fact that the owner has failed to provide the affected tenant(s) with all the information, documents and notices required by this section. (Ord. No. 92-25 § 6; Ord. No. 95-70 § 3) 8-1-215 The Rent Dispute Resolution Process. a. Mandatory Meet-and-Confer Meeting. Except when a parkowner elects rent increases permitted under Section 8-1-205(a), the tenants and parkowners must, within seven (7) working days of the notice of rent increase, meet and confer with each other's representatives at the Office of the Sonoma County Community Development Commission. Written notice of the time, place and date of the meeting should be arranged within forty-eight (48) working hours of the notice of the rent increase. If the parkowners or tenants fail to agree on the time, place and date of the hearing within that forty-eight (48) hour span and provide due notice to the Clerk, the meeting shall be set at the convenience of the Clerk. At the meeting, representatives of the parties should exchange documentary evidence that the parties in good faith then know will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of a parkowner, all financial data upon which any proposed increase is claimed shall be supplied to tenant representatives at the time of the meet-and-confer meeting. 1. Sanctions. A parkowner's failure to provide the minimum information required by this section set forth under subsection a.2. below or attend the hearing shall require the Clerk to suspend further proceedings under this section. The parkowner's application for a rent increase under such circumstances shall be deemed defective, without force or effect, and deemed withdrawn. Renoticing of the increase shall be required to reinitiate an application for rent increase. 2. Minimum Meet-and-Confer Information. The parkowner has a duty to provide adequate information to the tenants regarding the park's net operating income sufficient for a reasonably sophisticated inquiry into the financial status of the parkowner's business. This will consist of true and accurate book entries or other competent evidence of gross income including, but not limited to, gross rents, interest upon security and cleaning deposits, income from ancillary services (submetering of utilities, laundry facilities, etc.) and true and accurate book entries or other competent evidence of operating expenses including, but not limited to, license fees, property taxes, utilities, insurance, management expenses, landlord performed labor, building and grounds maintenance, legal fees, auto and truck expenses, employee benefits, permits, refuse removal, ground lease payments, and similar expense. b. Petition. If discussions between owner and tenants do not resolve the dispute between them, the tenants or their representative shall file with the Clerk, a Petition for Space Rent Review and a copy of the notice of rent increase, if available, within twenty-one (21) days after the date upon which the rent increase notice was received. The Clerk shall not accept a petition for filing unless it has been signed by at least fifty-one (51 %) percent of all affected tenants. Upon the filing of a petition, the rent increase is not effective and may not be collected until and to the extent it is awarded by an arbitrator or until the petition is abandoned. As used herein, the term "abandoned" refers to the lack of prosecution of the arbitration by the mobile home tenants' representative(s). An automatic arbitration based upon a three hundred (300%) percent CPI increase will not require active tenant prosecution, although such prosecution will not be prohibited. The term "prosecution" refers to actively pursuing necessary steps towards preparing the tenants' case for the arbitration hearing. c. Contents of Petition. 1. The Petition for Space Rent Review shall set forth the total number of affected rented spaces in the mobile home park, shall identify the space occupied by each tenant and shall state the date upon which the notice of the rent increase was received by the tenant(s). 2. After obtaining the required signatures, the tenant(s) shall deliver the petition or mail it by registered or certified mail to the Clerk at the following address: P.O. Box 100, Windsor, California, 95492 (or successor address). No petition shall be accepted unless it is accompanied by the requisite number of http://www.bpcnet.com/codes/windsor/_DATA/TITLE08/CHAPTER 1 RENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 10 of 17 signatures and is received in the office of the Clerk within the twenty-one (21) day period set forth in subsection b. of this section. The Clerk shall provide a copy of the completed petition form to both parties and the arbitrator forthwith or within five (5) working days. d. Information Questionnaire. After the Clerk has accepted a Petition for Space Rent Review, the Clerk shall remit to the owner and tenants an information questionnaire in such form as the Clerk may prescribe. The completed information questionnaire shall be returned to the Clerk at least five (5) working days prior to the date scheduled for hearing of the petition by the arbitrator. Copies of the completed information questionnaire shall be provided to the arbitrator and the opposing party. e. Assignment of Arbitrator and Hearing Date. Upon receipt of the petition, or in the event of an automatic arbitration, or upon an affected tenant's claim of a vacancy control violation where an authorized rent increase has been sought, the Clerk shall, within five (5) working days, assign an arbitrator. The Clerk shall set a date for the arbitration hearing no sooner than five (5) nor later than ten (10) working days after the arbitrator is assigned. The owner and affected tenant(s) shall be notified immediately in writing by the Clerk of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail. f. Arbitration Hearing. 1. The owner and tenant(s) may appear at the hearing and offer oral and documentary evidence. Both the owner and tenant(s) may designate a representative or representatives to appear for them at the hearing. The arbitrator may grant or order one (1) continuance for not more than five (5) days from the date of the initial hearing. The burden of proving that the amount of rent increase is reasonable shall be on the owner by a preponderance of the evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses. The rules of evidence and manner of producing evidence shall be those rules set forth in Section 11513 of the California Government Code for the conduct of hearings under the Administrative Procedure Act. These rules may be relaxed at the discretion of the arbitrator in the interests of justice. 2. The arbitrator shall, within fourteen (14) days of the hearing, submit by mail a written statement of decision and the reasons for the decision to the Clerk who shall forthwith distribute by mail copies of the decision to the owner and tenant(s). The arbitrator shall determine the amount of rent increase, if any, which is reasonable based upon all the provisions of this chapter. 3. The arbitrator shall not allow more than one (1) rent increase per park per twelve (12) month rent period. 4. The decision of the arbitrator, rendered in accordance with this section, shall be final and binding upon the owner and all affected tenants. The decision of the arbitrator will be subject to the provision of CCP Section 1094.5. 5. Any party may have electronic recording equipment or a court reporter present to record and prepare a transcript of the hearing before the arbitrator, however, such equipment or reporter shall be provided at that party's own expense. 6. The arbitrator is authorized to modify the basic time periods set forth herein at his or her discretion to promote the purposes of this program provided a final decision is rendered within ninety (90) days of the notice of rent increase. 7. Any procedural or jurisdictional dispute regarding the processes set forth herein may be decided by the arbitrator. g. Tenant's Right to Contact Clerk. The tenant may contact the Clerk of the Windsor Mobile Home Space Rent Stabilization Program for an explanation of the provisions of this chapter. (Ord. No. 92-25 § 7; Ord. No. 95-70 § 4; Ord. No. 2001-147 § 4) 8-1-220 Rights of a Tenant-To-Be Any person who is a "tenant-to-be" as defined in Section 8-1-110 shall be offered the option of renting http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER 1 RENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page I1 of 17 a mobile home space in a manner which will permit the "tenant-to-be" to receive the benefits of the Mobile Home Space Rent Stabilization Program, which includes, but is not limited to, rental of a mobile home space on a month-to-month basis. Such a person cannot be denied the option of a tenancy twelve (12) months or less in duration. The park owner shall provide each "tenant-to-be" with a written notification of the option which shall make the following recitation: "UNDER WINDSOR ORDINANCE NO. 92-25, SECTION VIII, YOU ARE LEGALLY ENTITLED TO ELECT AMONTH-TO- MONTH TENANCY OVER ANY OTHER LONGER PERIODIC TENANCY. YOU ARE ADVISED THAT YOU MAY NOT BE ENTITLED TO RENT STABILIZATION (RENT CONTROL) PROGRAM BENEFITS IF YOU ELECT A LEASE OF MORE THAN TWELVE (12) MONTHS IN DURATION IF THAT LEASE MEETS THE REQUIREMENTS OF CIVIL CODE SECTION 798.17, WHICH HAS BEEN ATTACHED HERETO." Any effort to circumvent the requirements of this section shall be unlawful, as well as an unfair business practice subject to enforcement under Business and Professions Code Section 17200 et seq. The rights set forth above have no application to mobile home spaces subject to amore-than-twelve (12)-month lease. By definition, tenants-to-be are prospective "mobile home space tenants," and such tenants are defined by Section 8-1-110 as excluding a "party to a rental agreement exempt from regulation under this article pursuant to Civil Code Section 798.17. (Ord. No. 92-25 § 8; Ord. No. 2001-147 § 5) 8-1-225 Subpoena Power. Subpoenas, including subpoenas duces tecum, requiring a person to attend a particular time and place to testify as a witness, may be issued in connection with any dispute pending before an arbitrator, and shall be issued at the request of the Clerk, an arbitrator, the tenant(s) or the owner. Subpoenas shall be issued and attested by the Clerk of the Town Council. A subpoena duces tecum shall be issued only upon the filing with the Clerk of the Town Council of an affidavit showing good cause for the production of the matters of things desired to be produced, setting forth in full detail the materiality thereof to the issues involved in the proceedings, and stating that the witness has the desired matters or things in his or her possession or under his or her control, and a copy of such affidavit shall be served with the subpoena. Any subpoena or subpoena duces tecum issued pursuant to the provisions of this chapter may be served in person or by certified mail, return receipt requested, and must be served at least five (5) days before the hearing for which the attendance is sought. Service by certified mail shall be complete on the date of receipt. Any subpoena or subpoena duces tecum issued pursuant to the provisions of this chapter shall be deemed issued by and in the name of the Windsor Town Council. (Ord. No. 92-25 § 9) 8-1-230 Consolidations of Petitions. As soon as possible after a petition has been filed with respect to mobile home spaces which are within a single park, the Clerk shall, to the extent possible, consistent with the time limitations provided herein, consolidate petitions involving ten (10) or fewer affected tenants. (Ord. No. 92-25 § 10) 8-1-235 Standards of Review. In evaluating the space increase proposed or imposed by the owner, the following factors may be considered: a. Unavoidable increases in maintenance and operating expenses, including but not limited to the reasonable value of the owner's labor and any increased costs for services provided by a public agency, public utility, orquasi-public agency or utility; provided, however, that any increased costs in rent stabilization administration fees shall be subject to the provisions of Sections 8-1-205b. and 8-1- 210; b. The substantial rehabilitation or the addition of capital improvements, including the reasonable value of the owner's labor, as long as such rehabilitation or improvement has been completed and is: 1. Distinguished from ordinary repair or maintenance, 2. For the primary benefit, use and enjoyment of the tenants, http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER_1_RENT_STABIL... 3/31/2008 CHAPTER L RENT STABILI7,AT10N Page 12 of 17 3. Permanently fixed in place or relatively immobile and dedicated to the use of the property, 4. Not coin-operated nor one for which a "use fee" or other charge is imposed on tenants for its use, 5. Cost-factored and amortized over the good faith estimate of the remaining useful life of the rehabilitation or improvement, and 6. Does not constitute maintenance of the infrastructure of gas or electrical lines within the mobile home park for which the public utility has permitted the park owner a special premium with the intent that it be used to replace or otherwise maintain the system within the mobile home park; c. Increased costs of debt service due to a sale or involuntary refinancing of the park within twelve (12) months of the increase provided that: 1. The sale or refinancing is found to have been an arm's length transaction, 2. The proceeds of such refinancing are found to have been used for park improvements or similar park-related uses, 3. The aggregate amount from which total debt service costs arise constitutes no more than seventy (70%) percent of the value of the property as established by a lender's appraisal; d. The rental history of the space or the park of which it is a part, including: 1. The presence or absence of past increases, 2. The frequency of past rent increases, 3. The occupancy rate of the park in comparison to comparable parks in the same general area; e. The physical condition of the mobile home space or park of which it is a part, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months; f. Any increase or reduction of housing services since the last rent increase; g. Existing space rents for comparable spaces in comparable parks; h. A decrease in "net operating income" as defined in Section 8-1-240a; i. A fair return on the property prorated among the spaces of the park; j. Other financial information which the owner is willing to provide; k. Any costs incurred as a result of a natural disaster and only to the extent such costs have not been reimbursed to the owner by insurance or other sources. (Ord. No. 92-25 § 11 j 5-1-240 Net Operating income. In evaluating a space rent increase imposed by an owner to maintain the owner's net operating income from the park, the following definitions and provisions shall apply: a. Net operating income of the mobile home park shall mean the gross income of the park less the operating expenses of the park. b. Gross income shall mean the sum of the following: 1. Gross space rents, computed as gross space rental income at one hundred (100%) percent occupancy; plus http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER 1_RENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 13 of 17 2. Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually rendered; plus 3. Revenue received by the park owner from the sale of gas and electricity to park residents where such utilities are billed individually to the park residents by the park owner. This revenue shall equal the total cost of the utilities to the residents minus the amount paid by the park owner for such utilities to the utility provider; minus 4. Uncollected space rents due to vacancy and bad debts to the extent that the same are beyond the park owner's control. Uncollected space rents in excess of three (3%) percent of gross space rent shall be presumed to be unreasonable unless established otherwise and shall not be included in computing gross income. Where uncollected space rents must be estimated, the average of the preceding three (3) years' experience shall be used. c. Operating Expenses means: 1. Real property taxes and assessments; 2. Utility costs to the extent that they are included in space rent; 3. Management expenses including the compensation of administrative personnel, including the value of any mobile home space offered as part of compensation for such services, reasonable and necessary advertising to ensure occupancy only, legal and accounting services as permitted herein, and other managerial expenses. Management expenses are presumed to be not more than five (5%) percent of gross income, unless established othewise; 4. Normal repair and maintenance expenses for the grounds and common facilities including but not limited to landscaping, cleaning, and repair of equipment and facilities; 5. Owner-performed labor in operating or maintaining the park. In addition to the management expenses listed above, where the owner performs managerial or maintenance services which are uncompensated, the owner may include the reasonable value of such services. Owner-performed labor shall be limited to five (5%) percent of gross income unless the arbitrator finds that such a limitation would be substantially unfair in a given case. A park owner must devote substantially all of his or her time, that is, at least forty (40) hours per week, to performing such managerial or maintenance services in order to warrant the full five (5%) percent credit for his or her labor as an operating expense. No credit for such services shall be authorized unless a park owner documents the hours utilized in performing such services and the nature of the services provided; 6. Operating supplies such as janitorial supplies, gardening supplies, stationery, and so forth; 7. Insurance premiums prorated over the life of the policy; 8. Other taxes, fees, and permits, except as provided in Section $-1300 herein; 9. Expenditures for capital improvements to upgrade existing facilities or increase amenities or services shall be an allowable operating expense only if the park owner has: (a) Established upon written verification, or by other competent evidence to the satisfaction of the arbitrator, that the cost of the capital improvements provided to the park residents, for their general use, is factually correct as claimed; (b) Said capital improvements are wholly compensable to the park owner upon appropriate amortization or their cost, together with a reasonable return upon the capital improvement investment made by the park owner; (c) Any capital improvement expenses shall be amortized over the reasonable life of the improvement of such other period as may be deemed reasonable by the arbitrator under the circumstances. In the event that the capital improvement expenditure is necessitated as a result of an accident, disaster, or other event for which the park owner received insurance benefits, only those capital improvement costs otherwise allowable exceeding the insurance benefits may be calculated as operating expenses. http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER_1_RENT_STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 14 of 17 10. Involuntary refinancing of mortgage or debt principal. A park owner may, under the provisions of this subsection, be able to include certain debt service costs as an operating expense. Such costs are limited to increases in interest payments from those interest payments made during 1986 of the first year such payments were made if the owner acquired the park after 1986 which result from one of the following situations or the equivalent thereof: (a) Refinancing of the outstanding principal owed for the acquisition of a park where such refinancing is mandated by the terms of a financing transaction entered into prior to January 1, 1987, for instance, termination of a loan with a balloon payment, or (b) Increased interest costs incurred as a result of a variable interest rate loan used to finance the acquisition of the park and entered into prior to January 1, 1987; In refinancing, increased interest shall be permitted to be considered as an operating expense only where the park owner can show that the terms of the refinancing were reasonable and consistent with prudent business practices under the circumstances. d. Operating expenses shall not include the following: 1. Debt service expenses, except as provided in subsection c.11. of this section; 2. Depreciation; 3. Any expense for which the park owner is reimbursed; 4. Attorneys' fees and costs, except printing costs and documentation as required by Section 8-1-300, incurred in proceedings before an arbitrator or in connection with legal proceedings challenging the decision of an arbitrator or the validity or applicability of this chapter. e. All operating expenses must be reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of providing the reasonableness of the expense. To the extent that an arbitrator finds any such expense to be unreasonable, the arbitrator shall adjust the expense to reflect the normal industry or other comparable standard. (Ord. No. 92-25 § 12; Ord. No. 95-70 § 5; Ord. No. 2001-147 § 6) 8-1-245 Obligations of the Parties. a. If a final decision by an arbitrator finds that a proposed increase or any portion thereof that was previously inoperative is justified, the tenant shall pay the amount found justified to the owner within thirty (30) days after the decision is made. b. If a final decision by an arbitrator finds that an increase or any portion thereof is not justified, the owner shall refund any amount found to be unjustified, but that had been paid, to the tenant within thirty (30) days after the decision is made. If such refund is not made within the said thirty (30) days, the tenant may withhold the amount from the next space rent(s) due until the full amount of the refund has been made. Notwithstanding the foregoing, in the event that the tenancy of tenant is terminated for any reason prior to full credit against rent, the balance of the credit due the tenant shall be paid by the owner within thirty (30) days from the date of the termination of the tenancy. c. Any sum of money that under the provisions of this section is the obligation of the owner or tenant, as the case may be, shall constitute a debt and, subject to the foregoing provisions of this section, may be collected in any manner provided by law for the collection of debts. (Ord. No. 92-25 § 13) http://www.bpcnet.com/codes/windsor/ DATA/TITLE08/CHAPTER 1_RENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page ] 5 of l7 8-1-250 Tenant's Rights of Refusal. A tenant may refuse to pay any increase in rent which is in violation of this chapter, provided a petition has been filed and either no final decision has been reached by an arbitrator or the increase has been determined to violate the provisions of this chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobile home space or to collect the rent increase. (Ord. No. 92-25 § 14) 8-1-255 Retaliatory Acts; Tenants' Right to Organize; Petitions to Waive Rights are Without Effect. a. No owner may retaliate against a tenant or tenant-to-be for the tenant's or tenant-to-be's assertion or exercise of rights under this chapter in any manner, including but not limited to, threatening to bring or bringing an action to recover possession of a mobile home space; engaging in any form of harassment that causes a tenant to quit the premises; dissuades atenant-to-be from freely exercising his or her legal options to choose amonth-to-month rental; decreasing housing services; increasing the space rent; or imposing or increasing a security deposit or any other charge payable by a tenant. The tenants have a right to organize a tenants' association without hindrance from the park owner and to exercise these rights as provided under the provisions of this Code. This association may be referred to as "Park Tenants Association at < park name >." b. The distribution of a petition or other documents seeking to have mobile home tenants waive rights, abandon a filed petition or in any way affect the entitlement of the tenants to participate in the rent stabilization process authorized under the this Code shall be without force or legal effect within the Town's rent stabilization program. Such documents shall not affect the right of any tenant to participate in the rights, remedies, procedures, and processes set forth in this chapter. Efforts to utilize such documents to discourage participation in the Town's rent stabilization program may be deemed retaliatory. (Ord. No. 92-25 § 15; Ord. No. 95-70 § 6) Article 3. Administration 8-1-300 Fees The costs of administration of this chapter shall be borne by the Town of Windsor, subject to reimbursement of the Town General Fund by imposition of a rent stabilization administration fee chargeable against each mobile home space in the Town. The park owner who pays these fees may pass through fifty (50%) percent of the fees assessed against a mobile home space to the tenant pursuant to the provisions of Section 8-1-205b. herein. This fee pass-through must take place no later than twelve (12) months after the park owner is billed for the program administration fees. Failure to timely pass-through fifty (50%) percent of the fees assessed against a mobile home space will result in the loss of the park owner's right to do so. The remaining fifty (50%) percent of the fees assessed against a mobile home space shall not be passed on in any way to tenants. Fees passed through to tenants as herein authorized shall not be considered a part of the rent base upon which future rent increases can be made. The fees imposed by this section shall be paid annually. The time and manner of payment, delinquency status, and assessment and collection of penalties for delinquent payment of the fees imposed by this section shall be as provided by separate resolution of the Town Council. The Clerk shall recommend to the Town from time to time the amount of such fee and the Town Council shall adopt such fee by ordinance or resolution. (Ord. No. 92-25 § 16; Ord. No. 95-70 § 7) 8-1-305 Exemption from Fees. Any park owner who believes that he/she may be entitled to a space fee exemption pursuant to Civil Code Section 798.17(b), having provided the park tenant with a legally recognized long-term lease http://www.bpcnet.com/codes/Windsor/_DATA/TITLE08/CHAPTER_1,RENT STABIL... 3/31/2008 CkiAYTER 1. REVT STABILIZATION Page 16 of 17 which is not subject to rent stabilization administration fees, shall provide the Clerk with the following documentation: a. The executed lease for each exempt space claimed; b. Amendments to the exempt lease, if any; c. For a newly constructed space, proof that the space was constructed after January 1, 1990 (building permits, etc.). (Ord. No. 92-25 § 17) 8-1-310 Nonwaiverability. Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this chapter is waived or modified, is against public policy and void except with respect to any rental agreement complying with all of the terms and conditions set forth in Section 798.17 of the California Civil Code (as amended 1986). (Ord. No. 92-25 § 18) 8-1-315 Penalties and Remedies. In addition to those penalties and remedies set forth elsewhere in this chapter, the following remedies shall apply: Any owner who demands, accepts, receives or retains any money as rent from a tenant to which the owner is not entitled under the provisions of this chapter shall be liable to the tenant for any actual damages, attorney's fees and costs incurred by the tenant as a consequence thereof plus a penalty in the sum of three (3) times the amount of money the owner accepted, received or retained in violation of the provisions of this chapter or five hundred ($500.00) dollars, whichever is greater. (Ord. No. 92- 25 § 19) 8-1-320 Rights of Affected Tenants Reserved. This chapter shall not be construed to limit or curtail any other action or proceeding which may be pursued by an affected tenant against an owner before any Court or other body having jurisdiction thereof. (Ord. No. 92-25 § 20) 8-1-330 Review by the Town Council. The Town Council shall review the effectiveness of this chapter in addressing the problems giving rise to its enactment at least one (1) year from its enactment. Notice of the time and place of the Town Council's review shall be published at least ten (10) days prior to the date in a newspaper of general circulation in the Town. (Ord. No. 92-25 § 22) 8-1-335 Severability. This chapter shall be liberally construed to achieve its purposes and preserve its validity. If any provision or clause of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable and are intended to have independent validity. (Ord. No. 92-25 § 23) 8-1-340 Vacancy Control--Establishment of New Base Rent. a. A mobile home park owner shall be permitted to charge a new base rent for a mobile home space whenever a lawful space vacancy occurs. For purposes of this chapter, a lawful space vacancy is defined as follows: http://www.bpcnet.com/codes/Windsor/_DATA/TITLE08/CHAPTER_1_RENT STABIL... 3/31/2008 CHAPTER 1. RENT STABILIZATION Page 17 of 17 1. A vacancy occurring because of the termination of the tenancy of the affected mobile home tenant in accordance with the Mobile Home Residency Law, California Civil Code Sections 798.55 through 798.60, as amended; or 2. A vacancy of the mobile home space arising from the voluntary removal of a mobile home from the mobile home space by the affected mobile home tenant. A removal of the mobile home from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobile home shall not constitute a voluntary removal of the mobile home. b. When a new base rent is established following the vacancy of a mobile home space pursuant to this section, the park owner shall give written notice to the new affected tenant of the twelve (12) month anniversary date for rent increases allowed under Section 8-1-205 and shall give written notice to such affected tenant that the space rent may be subject to stabilized rent increases pursuant to the provisions of this chapter. c. In the absence of a lawful vacancy, a park owner is prohibited from raising rent upon a sale of a mobile home on-site to a tenant-to-be or current tenant." (Ord. No. 92-25 § 24; Ord. No. 96-74 § 2) 8-1-345 When Recreational Vehicle Space Tenants are to Be Treated as "Affected Tenants." Any recreational vehicle space that is occupied by a recreational vehicle as defined in Civil Code Section 799.24 for a period in excess of nine (9) months on or after October 1, 1991, shall be regarded to be a "mobile home space" for purposes of this chapter, and a tenant upon such a space shall be entitled to all the rights, protections and obligations of this chapter. Such a space tenant shall be counted as an "affected tenant" upon the effective date of this chapter, and the space shall be subject to the fees authorized by the Town Council for mobile home spaces. The space tenant and the recreational vehicle park owner shall apportion the fee in the manner authorized for mobile home spaces subject to this chapter generally. (Ord. No. 92-25 § 25) 8-1-350 Suspension; Invalidity. Should any provision of this section be suspended or otherwise held invalid in any judicial, or other, proceeding, then, in such event, the provisions of this section shall not be operative and the Council hereby ordains that the provision of mobile home rent stabilization, as it existed prior to the enactment of this chapter shall remain in full force and effect. (Ord. No. 92-25 § 26) «previous ~ next» http://www.bpcnet.com/codes/windsor/_DATA/TITLE08/CHAPTER_1_RENT_STABIL... 3/31 /2008 ATTACHEMENT "D" MARCH 31sT PRESS DEMOCRAT "Mobile Home rents settled" By Clark Mason The Press Democrat pressdemo.com printer version... Page I of 2 This is a printer friendly version of an article from www.pressdemo.cam To print this article open the file menu and choose Print. «Back Article published -Mar 31, 2008 WINDSOR Mobile home rents settled Residents relieved park's buyer limiting increases, helping those with lower incomes By Clark Mason THE PRESS DEMOCRAT Lucy Jazzux, a 74-year-old widow, was worried that a looming 70 percent hike in her rent would force her to move out of her Windsor mobile home. "With the rent increase, plus paying the water bill, taxes, and car insurance, there wouldn't be enough for food," Jazzux said. "I was getting very panicky inside of me, very nervous." But Jazzux, whose sole income is from Social Security, found out recently the rent increase is being cut almost in half, thanks to a group of residents who fought the hikes proposed by the buyer of Windsor Mobile Country Club. Residents at the mobile home park, the largest in Windsor, negotiated a settlement with the buyer that will slash the rent increases, enabling Jazzux and other strapped residents to stay. "I'm so glad," she said, Most residents in the 336-unit senior citizen community off of Conde Lane pay $301 a month for their spaces and were facing an increase of $217.50 in April. But under terms of a settlement reached with the purchaser, Resident Owned Parks Inc. of Sacramento, the rents will increase by no more than $117.50. It also requires the new owner to provide rental assistance to the lowest income residents in the park. Some residents -- those with less than $10,000 in annual income -- will face only a $7.50 increase. "We're hopeful no one In the park will lose their homes now," said Donna Helwig, who led the fight to soften the rent increase. "We're very pleased with the agreement that was reached." "It has ended well," said David Grabill, a Santa Rosa attorney who represented the residents' group. Grabill said it ensures preservation of badly needed affordable housing at a time when increasing numbers of mobile home parks are being closed. Another trend is conversion to condominium-style ownership in which residents have to purchase their spaces, typically for $100,000 or more. The settlement also requires current and future owners of the mobile home park to reserve half the spaces for low and very-low income residents and to limit future rent increases, Maurice Priest, the president of the nonproft corporation buying the park, described the settlement as amicable and "a good result for all the residents." He disputed that the original rent hike would have forced anyone to leave, because Resident Ownetl Parks was committed to providing rental assistance to low-income residents. Priest said the reduced rent hike was made possible by the current owner's willingness to restructure the payments he will receive from the sale. Priest's corporation is buying the park from longtime owner Ron Wollmer for $23 million, in a deal that is being financed with tax-exempt bonds authorizetl by the California Municipal Finance Authority. Wollmer will hold the bonds, getting 5.75 percent interest tax free. When the bonds are paid off in 30 years, ownership of the park will go to the homeowners association. Residents and town officials said Windsor Mobile Country Club is swell-maintained park. They appreciate that Wollmer has kept rents low for a long time. http://www l .pressdemocrat.com/apps/pbcs.dll/article?AID=/20080331 /NEW S/803310303/... 4/1 /2008 pressdemo.com printer version... Page 2 of 2 "Everybody loves this guy and rightly so," Grabill said. "He thinks of these folks (residents) as cousins, sort of extended family." Windsor, like other cities in Sonoma County, has rent control in its mobile home parks. Annual rent increases are fled to the Consumer Price Index, typically around 2 to 3 percent. But when a park changes hands, the new owner can adjust rents to take into account the cost of acquisitions and other factors. Sf the rent increase is greater than the rate of inflation, it triggers an arbitration process, which resulted in the new agreed- upon rents. Priest said both the homeowners' association and the town had agreed to the initial higher rent increases of around 70 percent. But a group of about 30 residents led by Helwig objected. "The thrust was to keep people from losing their homes in here," Helwig said. "The only way to do it, was to get the rent increase down." She said that there used to be a waiting list to get into the park, but after the sale and rent increases were announced last year, there was a proliferation of residents who put their homes up for sale and planned to move. Jazzux feared she would have been forced to give up her independence and live with one of her adult children, or try Lo find a senior living center. "It would have been a catastrophe for me," she said. You can reach Staff Writer Clark Mason at 521-5214 or dark mason@pressdemocrat.com. © www.pressdemo.com http://www l .pressdemocrat.com/apps/pbcs.dll/article?AID=/20080331 /NEW S/803310303/... 4/1 /2008 G ic~rrl Q C1Chn1CS OUICI<LINKS- 'w ^ r- GO -_ __i CITY GOVERNMENT ;' I~ f 1 ~,N ~~~ V t / i Agendas and Minutes ~~___ o City Council o Council Committees • Housing and Economic Development • Infrastructure and Franchise • Nei¢hborhood & Community Services • Policy and Internal DevelopmenC • Recreation and Cultural Affairs o Boards & Commission A eg ndas • Commission on AQint? • Community Advisory Committee • Community Services Commission • Design Review Board • Human Relations Commission • Mobilehome Rent Review Board • Parks Recreation and Open Space Commission • PlanningCommission o Zonin>; Administrator Boards & Commissions o About Boards & Commissions o Boards & Commissions Application Process Budget, 10-Year Plan & Reports o Bud>?et and ]0-Year Plan Overview o Budget o Capital Improvement Projects o Perfornance-Based Budgetin>; Process o Financial Reports City Council /Elected Officials o Mayor's Message City Departments o Buildin~gineerinQ & Neighborhood • Building Division • Current Development • CapitalImprovement o City Attorney's Office o City Management o Community & Recreation Services Dept o Concord Reuse Project Dept. o Finance Dept. o Human Resources Dept. o Information Teehnoloev Dept• o Planning & Economic Development Dept. • Planning Division • Economic Development Division o Police Dept. o Public Works Dept. Government Structure o Community-Oriented Government o Liaison Teams o Mission, Vision, Values o Municipal Elections Municipal Code o Municipal Code Overview o Comparative Table of Ordinances o Ordinance Effective Dates o Master Fees and Charges • Home City Government • » Municipal Code » Chapter 58 Chapter 58 MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS* *Cross references: Buildings and building regulations, ch. 14; flood management, ch. 34; health and sanitation, ch. 38; planning and development, ch. 78; solid waste, ch. 82; streets, sidewalks, and other public places, ch. 90; subdivisions, ch. 94; utilities, ch. 11{3; vegetation, eh. 114; zoning, ch. 122. Article I. In General Secs. 58-1--58-30. Reserved. Article II. Mobile Home Parks Division 1. General Secs. 58-31--58-50. Reserved. Division 2. Park Conversion, Discontinuance, or Closure Sec. 58-51. Purpose. Sec. 58-52. Definitions. Sec. 58-53. Application for permit. Sec. 58-54. Impact study. Sec. 58-55. Public hearing. Sec. 58-56. Findings and determination by approving body. Sec. 58-57. Conditions. Sec. 58-58. Term and extension of permit. Sec. 58-59. Notice to new residents. Sec. 58-60. Temporary use of vacated areas. Sec. 58-61. Bankruptcy exemption. Sec. 58-62. Nonbankruptcy exemption. Sec. 58-63. Copies of division to be provided to residents. Sec. 58-64. Remedies. Secs. 58-65--58-90. Reserved. Division 3. Rent Stabilization Sec. 58-91. Purpose and findings. Sec. 58-92. Definitions. Sec. 58-93. Applicability of division; exceptions. Sec. 58-94. Mobile Home Park Rent Review Board. Sec. 58-95. General annual adjustment of rent authorized; amount. Sec. 58-96. Limit on frequency of rent increases. Sec. 58-97. Notice of proposed special rent increase. Sec. 58-98. Petition by tenants for review of special rent increase--Procedure. Sec. 58-99. Same--Form and contents of petition. Sec. 58-100. Same--Filing requirements for notices and petitions. Sec. 58-101. Same--Information to be provided to tenants. Sec. 58-102. Same--Effective date of rent increases. Sec. 58-103. Same--Notice of hearing. Sec. 58-104. Same--Hearing fee. Sec. 58-105. Same--Conduct of hearing. Sec. 58-106. Same--Grounds for determination. Sec. 58-107. Same--Notification of determination. Sec. 58-108. Same--Refund or credit to tenants when increase determined not reasonable. Sec. 58-L09. Same--Appeal of determination. Sec. 58-110. Same--Applicability of determination. Sec. 58-111. Increased amounts to be specified in demands for rent. Sec. 58-112. Right of park owner to request special rent increase. Sec. 58-113. Presumption of fair base year net operating income. Sec. 58-114. Base year established. Sec. 58-115. Determination of base year net operating income. Sec. 58-116. Rebuttal of fair net operating income presumption. Sec. 58-117. Determination of current net operating income. Sec. 58-118. Calculation of gross income. Sec. 58-119. Calculation of operating expenses. Sec. 58-120. Calculation of fair and reasonable return for special rent increase. Sec. 58-121. Determination of allowable special rent increase. Sec. 58-122. Violations; penalty; waiver of rights. Sec. 58-123. Right of tenant to refuse to pay rent in excess of maximum rent. Sec. 58-124. Mandatory mediation of nonrental disputes. Sec. 58-125. Extension of time. Sec. 58-126. Duty of park owner to provide copy of division to tenants. Sec. 58-127. Duty of mobile home owner to provide copy of appendix E to prospective buyers. Sec. 58-128. Administrative fee. ARTICLE I. IN GENERAL Secs. 58-1--58-30. Reserved. ARTICLE II. MOBILE HOME PARKS DIVISION 1. GENERAL Secs. 58-31--58-50. Reserved. DIVISION 2. PARK CONVERSION, DISCONTINUANCE, OR CLOSURE Sec. 58-51. Purpose. (a) There are 11 mobile home parks in the city, with approximately 1,800 spaces for permanent residential use. The existing park spaces are predominantly occupied by retired elderly tenants who live on fixed incomes, in many cases solely upon social security. The mobile homes in the parks are predominantly owner-occupied units which cannot be readily relocated due to the age of the units and the cost of moving and relocation. When a mobile home in an existing park is sold, it is sold in place; rarely is a mobile home in an existing park moved from its location once it has been placed in a park. There are virtually no vacant spaces in the mobile home parks in the city, and the number of vacant spaces in the county is very small. Thus, due to the above circumstances, spaces in the existing mobile home parks in the city represent an important component of the housing stock of the city, especially for senior citizens and persons of low/moderate incomes. (Code 1965, § 4950; Ord. No. 88-13) (b) The City Council has been advised that, within the last few years, proposals for the conversion of one or more of the existing mobile home parks have been considered. The conversion of existing parks to other uses would have substantial adverse economic effects upon the occupants in terms of cost of relocation, scarcity of similar housing within a reasonable proximity to the city, and the significantly higher cost of other types of housing in the immediate area if such occupants cannot relocate to other mobile home parks. (Code 1965, § 4950; Ord. No. 88-13) (c) It is the policy of state law, as enunciated in Government Code §§ 65863.7 and 66427.4, that, prior to the conversion of a mobile home park to other uses, or prior to the closure of a park or the cessation of use of the land as a mobile home park, or at the time of filing of a subdivision map for a subdivision resulting from any such conversion, the proponent of the proposed change of use must file a report on the impact of such change with the public agency having jurisdiction over the mobile home park. (Code 1965, § 4950; Ord. No. 88-13) (d) It is the purpose of this division to provide for uniform procedures for considering requests For a conversion, closure, or cessation of use of a mobile home park and identify potential relocation benefits in order that the owners and tenants of mobile homes and the owners of mobile home parks understand their rights and responsibilities. (Code 1965, § 4950; Ord. No. 88-13) Sec. 58-52. Definitions. Applicant. The person(s), firm(s), entity(ies), or corporation(s) applying for a mobile home park conversion permit If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application. (Code 1965, § 4951; Ord. No. 88-13) Approving body. The Planning Commission, unless the decision of the Planning Commission is appealed to the City Council, who shall then be deemed to be the "approving body." (Code 1965, § 4951; Ord. No. 88-13) Cessation of use of land as a mobile home park. A decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy. (Code 1965, § 4951; Ord. No. 88-13) Closure of a mobile home park. To stop or cease leasing less than 75 percent of the occupiable spaces to qualified homeowners. (Code 1965, § 4951; Ord. No. 88-13) Comparable housing. Housing which is comparable in floor area and number of bedrooms, bathrooms, and other rooms to the mobile home to which comparison is being made, which housing meets the minimum standards of the Uniform Housing Code. (Code 1965, § 4951; Ord. No. 88-13) Comparable mobile home park. Any other mobile home park substantially equal in terms of park amenities, rent, and other relevant factors, such as proximity to public transportation, shopping, doctors, hospitals, and churches, the job market where a displaced resident is gainfully employed, and proximity to schools (if the existing mobile home park allows children and a resident has school-age children). (Code 1965, § 4951; Ord. No. 88-13) Conversion of a mobile home park. Any change which results in the elimination of any mobile home lot, including the conversion of any longterm lots to shortterm lots. A longterm lot is converted to a shortterm lot if, subsequent to the adoption of this division, any habitable structure not meeting the definition of a "mobile home" is moved onto the lot. However, the following shall not constitute a conversion of a mobile home park: (Code 1965, § 4951; Ord. No. 88-13) (1) During any one-year period subsequent to the adoption of this division, no more than one vacant lot may be converted to other uses, provided all necessary governmental approvals, including an amendment to any use permit or zoning, are obtained from the city; (Code 1965, § 4951; Ord. No. 88-13) (2) The voluntary sale of existing mobile homes in a park to the park owner and the subsequent rental of the mobile home by the park owner, provided the sale to the park owner is not the result of the park owner's refusal to approve the sale of the mobile home to a third party, except as provided by the Mobile Home Residency Law, Civil Code § 798.74; (Code 1965, § 4951; Ord. No. 88-13) (3) A change in ownership to a limited equity cooperative, provided all homeowners residing in the mobile home park are offered lifetime leases. (Code 1965, § 4951; Ord No. 88-13) Department. The Planning Division of the Community Development and Public Works Department. (Code 1965, § 4951; Ord. No. 88-13) Director. The Deputy City Manager/Community Development and Public Works or his designated representative. (Code 1965, § 4951; Ord No. 88-13) Impact study. A study required by Government Code §§ 65863.7 and 66427.4 and containing the information set forth in section 58-54(b). (Code 1965, § 4951; Ord. No. 88-13) Homeowner. The owner(s) of a mobile home. (Code 1965, § 4951; Ord. No. 88-13) Longterm lot. Any mobile home lot which has been occupied by the same mobile home for at least nine of the 12 months prior to the adoption of this division. (Code 1965, § 4951; Ord. No. 88-13) Mobile home. As defined in Health and Safety Code § 18211, or any amendment which may be made to that section from time to time. (Code 1965, § 4951; Ord. No. 88-13) Mobile home lot. Any area or tract of land, or portion thereof, occupied or held out for occupancy by one mobile home. (Code 1965, § 4951; Ord No. 88-13) Mobile home park. As defined in Health and Safety Code § 18214, or any amendment which may be made to that section from time to time. (Code 1965, § 4951; Ord. No. 88-13) Resident. A homeowner or tenant. (Code 1965, § 4951; Ord. No. 88-13) Tenant. A person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement and who, during his tenancy, was not the owner or member of the immediate household of the owner of the mobile home. (Code 1965, § 4951; Ord. No. 88-13) Cross references: Definitions generally, § 1-10. Sec. 58-53. Application far permit. (a) Any applicant desiring to convert a mobile home park to another use, close a mobile home park, or cease to use land as a mobile home park shall apply for a conversion permit by submitting a completed application to the Department. The application shall be accompanied by the following: (Code 1965, § 4952; Ord. No. 88-13) (1) An application fee in the amount specified in the Resolution Establishing Fees and Charges for Various Municipal Services; (Code 1965, § 4952; Ord. No. 88-13) (2) A list of the names and addresses of all residents occupying a mobile home space within the park as of the date of submitting the application; (Code 1965, § 4952; Ord. No. 88-13) (3) A supply of envelopes, pre-addressed labels for each park resident, and postage in an amount deemed sufficient by the Director to permit notification to the residents as required by this division. The applicant shall promptly supply additional envelopes, pre- addressed labels, and postage upon request of the Department; (Code 1965, § 4952; Ord. No. 88-13) (4) A statement whether any other discretionary approvals are required, including but not limited to General Plan amendment, rezoning, use permit, or tentative or parcel map; (Code 1965, § 4952; Ord. No. 88-13) (5) The proposed timetable for conversion, closure, or cessation of use of the land as a mobile home park and obtaining other discretionary approvals; (Code 1965, § 4952; Ord. No. 88-13) (6) An impact study report prepared in accordance with section 58-54(b); (Code 1965, § 4952; Ord. No. 88-13) (7) An environmental checklist from which an initial environmental assessment can be prepared; (Code 1965, § 4952; Ord. No. 88-13) (8) Any other information which may be required by the Department to ensure compliance with this division, the provisions of this Code, and requirements of state law. (Code 1965, § 4952; Ord. No. 88-13) (b) Within 30 days after receipt of an application for a conversion permit, the Department shall determine if the application is complete. If the application is not complete, the Director shall notify the applicant, in writing, of the deficiency or deficiencies. The applicant shall correct any deficiencies within 60 days of mailing of the notice by the Director, unless extended by agreement; otherwise the application shall be deemed to have been abandoned. Within ten days after receipt of an application deemed by the Department to be complete, the homeowners of the affected mobile home park shall be notified by the Department of the receipt of the application, what the applicant is requesting, and a proposed time schedule for consideration of the application. (Code 1965, § 4952; Ord. No. 88-13) (c) An application shall not be deemed complete if other discretionary approvals are required prior to the consideration of the conversion permit. A subdivision map may be required if the Director decides that the property is capable of being subdivided based on the General Plan designation for, and zoning on, the property. (Code 1965, § 4952; Ord. No. 88-13) Sec. 58-54. Impact study. (a) The Department shall select a consultant to perform an impact study within 30 days of the receipt of a written request from the applicant. The applicant shall be notified, in writing, of the estimated cost of the study and shall deposit that sum with the Department prior to the commencement of any work on the study. The city will then contract with a consultant for the preparation of the impact study. If at any time during the contract period additional monies are needed to complete the impact study, the applicant will be advised, in writing, of the amount that is required. Before any additional work is performed on the study, the applicant shall provide the additional sum to the Department. Any excess funds remaining upon completion of the impact study shall be returned to the applicant. (Code 1965, § 4953; Ord. No. 88-13) (b) Each impact study shall be tailored to address the specific problems and needs of each application and mobile home park. However, each study shall contain the following information: (Code 1965, § 4953; Ord. No. 88-13) (1) The location of all comparable mobile home parks within 20 miles of the city limits, including the park name, number of comparable lots, number of vacancies, lease rates and terms, policies and restrictions on the type of mobile homes and residents accepted, amenities offered, and proximity to services (bus stops, grocery stores, etc.). If the Department determines that the 20-mile study area does not identify a number of comparable parks with available spaces equal to, or greater than, the mobile home park identified in the application for a conversion permit, the study area shall be expanded until said number of available lots in comparable mobile home parks are identified, but in no case shall the study extend beyond 50 miles of the city limits; (Code 1965, § 4953; Ord. No. 88-13) (2) The number of residents in the mobile home park, together with the following information: names and addresses; current lease or rental rates and terms; length of occupancy; and age, condition, and the size of the affected mobile homes. Information on household income, ages, and physical disabilities, if any, of residents shall also be included whenever possible; (Code 1965, § 4953; Ord. No. 88-13) (3) A determination based on the information provided in subsections (1) and (2) above, on the number of homeowners of the affected park who are able to relocate their mobile homes to a comparable mobile home park; (Code 1965, § 4953; Ord. No. 88-13) (4) The average vacancy rate, mobile home lot lease rates, and tenant rental rates in the affected mobile home park for each of the three years prior to the filing of the application for a conversion permit; (Code 1965, § 4953; Ord. No. 88-13) (5) The number of evictions, and the reason(s) for each eviction, in the affected mobile home park during the three years prior to the filing of the application for a conversion permit; (Code 1965, § 4953; Ord. No. 88-13) (6) The estimated reasonable cost of relocating the mobile homes identified in subsection (3) above to available lots in comparable mobile home parks within the impact study area. The cost of relocating shall include the costs of dismantling, packing, moving, reassembling, rebuilding, and unpacking, as necessary, the mobile home, all personal property, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property; (Code 1965, § 4953; Ord. No. 88-13) (7) Determine the fair market value of each mobile home, and all associated fixed property, which cannot be relocated to a comparable mobile home park. In determining fair market value, the consultant shall consider the mobile homes in their current location, assuming the continuation of the mobile home park in a safe, sanitary, and well- maintained condition and competitive lease rates. The consultant shall specify why the mobile home cannot be relocated to a comparable mobile home park and the basis for determining the value of the mobile home; (Code 1965, § 4953; Ord. No. 88-13) (8) The availability and cost of renting housing of comparable size and quality in the city for each mobile home park tenant; (Code 1965, § 4953; Ord. No. 88-13) (9) A relocation plan which will include a timetable for implementing the physical relocation of mobile homes, implementation of relocation assistance, and conversion of the park to one or more uses, or cessation or closure of use of the land as a mobile home park; (Code 1965, § 4953; Ord. No. 88-13) (10) An identification of relocation assistance for each resident based on section 58-58 [58-57]; (Code 1965, § 4953; Ord. No. 88-13) (11) A list of persons, firms, and organizations with proven expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be qualified in assisting residents and tenants in locating replacement housing, rendering financial advice on qualifying for various types of housing, explaining the range of housing alternatives available, gathering and presenting to persons needing housing relocation assistance adequate information as to available housing, and/or being able to transport persons unable to drive to housing alternatives. These lists shall include the names, addresses, telephone numbers, and fee schedules of persons who are qualified appraisers of mobile homes. The information shall include an explanation of the services which the housing specialists can provide; (Code 1965, § 4953; Ord. No. 88-13) (12) Any other information which the Department determines is needed to address the specific issues raised by the application, the impact study, and in order to implement this division. (Code 1965, § 4953; Ord. No. 88-13) (c) Upon completion of the impact study, the Director shall determine if the conversion permit application is complete in accordance with section 58-53 and cause notification of the date a public hearing on the conversion permit will be held by the approving body to be published in the local newspaper. The Director shall also cause notice of the hearing to be sent to each resident of each mobile home in the affected park. (Code 1965, § 4953; Ord. No. 88-13) (d) The applicant shall provide free copies of the impact study to each resident of each mobile home in the affected park 15 days prior to the approving body's hearing on the conversion permit. A certified list of the names and addresses of the residents who received the impact study must be filed with the Director two days prior to the hearing and signed under penalty of perjury. (Code 1965, § 4953; Ord. No. 88-13) (e) Not later than ten days prior to the scheduled public hearing before the approving body on the impact report, the applicant shall conduct not less than one informational meeting for the residents of the mobile home park regarding the status of the application for a conversion permit, the timing of proposed relocation of residents, available relocation benefits, and the contents of the impact report. The meeting shall be conducted on the premises of the affected mobile home park. The applicant may conduct a series of meetings of groups of residents if a sufficient number are scheduled to accommodate all of the residents. (Code 1965, § 4953; Ord. No. 88-13) (f) No less than five days prior to the public hearing on the impact report, the applicant shall file, with the Director, a statement made under penalty of perjury that it has complied with the requirements of subsection (e) above. (Code 1965, § 4953; Ord. No. 88-13) Sec. 58-55. Public hearing. (a) Within 30 days following the receipt of a completed application for a conversion permit, including the notices and verifications of notice required by section 58-54, the application shall be set for public hearing before the approving body. The public hearing shall be opened, conducted, and closed within that 30- day period. However, an extension or extensions cumulatively totaling no more than 60 additional days maybe granted if mutually agreed to by the approving body and the applicant. (Code 1965, § 4954; Ord. No. 88-13) (b) At the public hearing, or any continuation of it, all interested parties will be allowed to present evidence to the approving body on any aspect of the application. The evidence may include, but not be limited to, justification for the payment of relocation costs, evidence why a mobile home cannot be relocated to a comparable park, and similar information. (Code 1965, § 4954; Ord. No. 88-13) (c) In addition to the information/testimony received at the public hearing, the approving body shall consider the information set forth in the application. (Code 1965, § 4954; Ord. No. 88-13) (d) The approving body shall take final action on the application within 30 days after the close of the public hearing. (Code 1965, § 4954; Ord. No. 88-13) (e) The approving body may approve, conditionally approve, or deny a conversion permit involving a proposed change of use (other than simple closure of the park or cessation of the use of the land as a mobile home park) pursuant to its inherent, implied, and express local land use authority under both state and local law. The approving body shall not deny, but may approve or conditionally approve, a conversion permit involving the simple closure of the park, or cessation of the use of the land as a mobile home park, with no intended new use of the land as a mobile home park, with no intended new use other than the closure or cessation, provided the applicant has properly complied with the requirements of this division and there is no evidence that the applicant or owner(s) have attempted to evict or otherwise cause the removal of residents for the purpose of avoiding or reducing payment of relocation assistance. (Code 1965, § 4954; Ord. No. 88-13) (f) The determination of the approving body shall be appealable to the City Council in accordance with the procedures and time periods set forth in section 2-52 of this Code. (Code 1965, § 4954; Ord. No. 88-13) sec. 58-56. Findings and determination by approving body. The approving body, in considering an application for a conversion permit, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following factors and any other factors as it deems appropriate: (Code 1965, § 4955; Ord. No. 88-13) (1) Whether the information submitted with the application indicates that the proposed conversion, closure, or cessation of use will have an adverse impact upon the residents of the mobile home park; (Code 1965, § 4955; Ord. No. 88-13) (2) Whether there will exist, at the time of the conversion, closure, or cessation of use, sufficient, available mobile home lots within the city and/or within the area surveyed in the impact study to accommodate the mobile homes to be displaced; (Code 1965, § 4955; Ord. No. 88-13) (3) Whether the age, type, condition, and style of mobile homes within the park proposed for conversion, closure, or cessation of use are such that the mobile homes are able to be moved and accepted into other parks within the city or within the area surveyed in the impact study; (Code 1965, § 4955; Ord. No. 88-13) (4) Whether the homeowner cannot relocate to a comparable mobile home park within the impact study area and justification for that conclusion; (Code 1965, § 4955; Ord. No. 88-13) (5) Determination of reasonable costs of relocation based on section 58-58 [58-57]; (Code 1965, § 4955; Ord. No. 88-13) (6) If the proposed conversion is to another residential use, whether the residents of the mobile home park will have an opportunity to purchase, if for sale, or rent the new units, and whether the construction schedule will result in unreasonably longterm displacements; (Code 1965, § 4955; Ord. No. 88-13) (7) Whether the proposed conversion is consistent with the city's General Plan, any applicable specific plan and/or zoning ordinances; (Code 1965, § 4955; Ord. No. 88-13) (8) Whether the proposed conversion will be detrimental to the public health, safety, and general welfare; (Code 1965, § 4955; Ord. No. 88-13) (9) Whether all reports and notices required by law have been properly prepared and properly served. (Code 1965, § 4955; Ord. No. 88-13) Sec. 58-57. Conditions. In approving a conversion permit, the city may attach reasonable conditions in order to mitigate the impacts associated with the conversion, closure, or cessation of use. The approving body shall require the applicant to enter into an agreement with the city to ensure compliance with, and the fulfillment of, the conditions of approval. Such conditions may include, without limitation, the following: (Code 1965, § 4956; Ord. No. 88-13) (1) An effective date of termination of tenancy of not less than six months from the date of the approval of the conversion permit (as required by Civil Code § 798.56(f)) so as to provide sufficient time for the relocation of the mobile homes to other parks; (Code 1965, § 4956; Ord. No. 88-13) (2) Payment of relocation assistance to each resident who resided in the park at the time of, or subsequent to, the filing of the conversion permit application; (Code 1965, § 4956; Ord. No. 88-13) (3) Time for payment of relocation assistance, including payment to residents who relocate within 30 days of approval of the conversion permit; (Code 1965, § 4956; Ord. No. 88-13) (4) Full payment to each park resident of the resident's reasonable costs of relocation, which may include: (Code 1965, § 4956; Ord. No. 88-13) a. For homeowners who are unable to relocate, a determination of a fair price for their mobile homes based on information contained in the impact study and received at the public hearing; (Code 1965, § 4956; Ord. No. 88-13) b. For homeowners who relocate within the study area, the actual costs of dismantling, moving, reassembling, and rebuilding, as necessary, the mobile home, skirting, tiedowns, and other foundation and stabilizing materials, and all other associated structures and property; packing, moving, and unpacking all personal property; and in-transit costs for meals, lodging, and gas; (Code 1965, § 4956; Ord. No. 88-13) c. For homeowners who relocate their mobile home to a mobile home park outside of the impact study area, or to a location other than a mobile home park, assistance may consist of the estimated cost they would have incurred had they relocated to the closest mobile home park which would accept their mobile home, as determined by the impact study; (Code 1965, § 4956; Ord. No. 88-13) d. For tenants, the costs may include all reasonable expenses incurred in moving to a new location, up to a maximum distance of 20 miles. (Code 1965, § 4956; Ord. No. 88-13) (5) In order to facilitate a proposed conversion, closure, or cessation of use of a mobile home park, the residents and applicant(s) may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this division, shall include a copy of this division as an attachment, shall include a provision in at least ten- point type which clearly informs the resident that he has the right to seek the advice of an attorney of his choice prior to signing the agreement with regard to his rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law. (Code 1965, § 4956; Ord. No. 88-13) sec. 58-58. Term and extension of permit. (a) The conversion permit shall expire one year form the date of its approval unless 25 percent or more of the homeowners or tenants receive relocation assistance in accordance with this division, or the applicant requests an extension setting forth justification for not having proceeded within the one- year period. No more than two such extensions shall be granted by the approving body. An application must be filed with the Department no less than 30 days prior to the expiration of the conversion permit or any extension, and the approving body shall hold a public hearing on the application. Upon completion of the public hearing, the approving body shall approve, approve with conditions, or deny the application. (Code 1965, § 4957; Ord. No. 88-13) (b) If relocation assistance has not been provided to all eligible homeowners and tenants in accordance with this division within three years of the original date of approval, a new study shall be done in accordance with this division. (Code 1965, § 4957; Ord. No. 88-I3) (c) Each year, on the anniversary date of the approval of the original conversion permit, the relocation assistance provided for by the approving body shall be increased by an amount equivalent to the increase in the cost-of-living index for the Oakland/San Francisco area, published by the U.S. Department of Labor. The index shall be for the quarterly period closest to the anniversary date of the permit. (Code 1965, § 4957; Ord. No. 88-13) Sec. 58-59. M1o[ice [o new residents. Any and all persons who wish to rent lots or mobile homes in the affected mobile home park after a conversion permit application is filed shall be informed by the park owner, in writing, prior to the execution of a lease, that an application for a conversion permit has been filed. It is unlawful for a park owner to require that any resident, or prospective resident, waive his rights under this division as a condition of tenancy. The park owner shall obtain a signed acknowledgement from each occupant indicating receipt of the above information. (Code 1965, § 4958; Ord. No. 88-13) Sec. 58-60. Temporary use of vacated areas. If, after vacation of all or a portion of the affected mobile home park, the park owner wants to make an interim use of the vacated area, a use permit shall be required. (Code 1965, § 4959; Ord. No. 88-13) Sec. 58-61. Bankruptcy ezemp[ion. The provisions of this division shall not apply if it is finally determined that the closure of a mobile home park or cessation of the use of the land as a mobile home park results from an adjudication of bankruptcy. The applicant shall have the burden to produce substantial evidence that a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of the affected park as a mobile home park is necessary. The documentation shall include the title, case number, and court in which the bankruptcy proceedings were held and copies of all pertinent judgments, orders, and decrees of the court. (Code 1965, § 4960; Ord. No. 88-13) Sec. 58-62. Yonbankrup[cy ezemp[ion. (a) An applicant for a conversion permit may file, subsequent to approval of a conversion permit, the application for total or partial exemption from the obligation to provide relocation assistance in accordance with this division. Such an application shall be based on the applicant's statement that the imposition of full relocation obligations would eliminate substantially all reasonable use or economic value of the property. Such basis may only be established if it is demonstrated that the imposition of such obligations would eliminate the reasonable use or economic value of the property for alternate uses, and that continued use of the property as a mobile home park would eliminate substantially all reasonable use or economic value of the property. (Code 1965, § 4961; Ord. No. 88-13) (b) The application, at a minimum, shall contain the following information: (Code 1965, § 4961; Ord. No. 88-13) (1) Statements of profit and loss from the operations of the mobile home park for the five-year period prior to the date of the application or request, certified by a certified public accountant; (Code 1965, § 4961; Ord. No. 88-13) (2) If the applicant contends that continued use of the property as a mobile home park necessitates repairs or improvements, or both, and that the cost thereof makes continuation of the park economically unfeasible, the applicant shall submit, to the Director, a statement made under penalty of perjury by a general contractor licensed as such pursuant to the laws of the state, certifying that such contractor has thoroughly inspected the entire mobile home park, that such contractor has determined that certain repairs and improvements must be made to the park to maintain the park in a decent, safe, and sanitary condition, the minimum period of time in which such improvements or repairs must be made, and itemized statement of such improvements and repairs, and the estimated cost thereof. The applicant shall also submit a statement verified by a certified public accountant as to the necessary increase in rental rates of mobile home sites within the park within the next five years required to pay for such repairs or improvements. If the Director requires an analysis of the information submitted by the general contractor, the Director may procure the services of another such licensed contractor to provide such written analysis, and the cost thereof shall be borne by the applicant; (Code 1965, § 4961; Ord. No. 88-13) (3) The estimated total cost of relocation assistance which would otherwise be required to be provided pursuant to this division; (Code 1965, § 4961; Ord. 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TO THE HONORABLE CITY COUNCIL: DATE: February 26, 2008 SUBJECT: AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. Report in Brief This report discusses three recommended changes to the City of Concord's Mobilehome Rent Stabilization Ordinance ("Mobilehome Ordinance"). The purpose of the proposed changes is to strengthen the Ordinance against a potential legal challenge, to remedy perceived shortcomings in the existing Ordinance, and to bring the Ordinance more in line with similar ordinances in other cities. The current Ordinance presently limits automatic space rent increases to sixty (60) percent of the increase in the Bay Area Consumer Price Index ("CPI"), whereas most other cities permit automatic adjustments of 75 to 100 percent. The proposed Ordinance amendments would increase automatic space rent increases to eighty (80) percent of the change in CPI. However, the proposed amendments would maintain the five (5) percent cap on automatic adjustments that currently exists, to protect residents against inflationary spikes. Under the current Mobilehome Ordinance, the Mobilehome Rent Review Board has responsibility for hearing and determining Special Rent Increase Petitions. The Board's decisions presently are appealable to the City Council. The Special Rent Increase hearings conducted in the Concord Communities matter highlighted numerous problems with the current hearing procedure, including delays to accommodate witnesses, legal counsel, and Board Member schedules, hearings that inevitably are politicized and emotionally charged, allegations of bias, gamesmanship by attorneys, and significant costs to the City, both in terms of staff time and legal fees. The end result is that such hearings are inherently drawn out, resulting in significant expense and uncertainty to all of the parties. Under the proposed Mobilehome Ordinance Amendments, the Board would be eliminated, and an independent, third party Hearing Officer (mutually selected by the parties from a panel established by the City) would take over the Board's current role. The Hearing Officer would be required to conduct the hearings in an efficient and expeditious manner, and would be empowered to structure the hearings by limiting the number of witnesses, establishing strict hearing deadlines, and bamng irrelevant or repetitive testimony or documents. The criteria utilized by the Hearing Officer for deciding whether to grant a Special Rent Increase would be identical to the current framework. The Hearing Officer's decision would not be AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THHtD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. February 26, 2008 Page 2 appealable to the City Council, but could be reviewed by the Superior Court, through a writ of mandate. The Hearing Officer's fees (estimated in the $6,000-$10,000 range) would be paid in advance of the hearing by the park owner; however, the owner would be entitled to pass on thirty five (35) percent of the cost to affected pazk residents, pro-rated by the number of spaces and amortized over a twelve (12) month period. The third proposed amendment to the existing Mobilehome Ordinance would allow limited "vacancy decontrol," permitting park owners to increase space rent by ten (10) percent when a resident sells or transfers his or her coach. This provision would not apply to transfers between resident spouses or domestic paztners, or between resident parents and their children already occupying the coach. Further, vacancy decontrol increases would only be permitted once per space during atwenty-four (24) month period. Each of these proposed amendments were the product of extensive analysis of the existing Mobilehome Ordinance by staff and the City's Mobilehome Ad Hoc Committee, consisting of Mayor Shinn and Councilmember Hoffineister. The amendments were also guided by input gained from the City's mobilehome park residents and owners during a series of community outreach meetings conducted by staff. On January 28, 2008, the Ad Hoc Committee held a public meeting, to review the proposed amendments and to receive input from the public, including pazk owners and residents. At the conclusion of the meeting, the Ad Hoc Committee voted in favor of referring the proposed amendments for review by the full Council. Discussion In early 2006, the Mobilehome Ad Hoc Committee was formed to review the existing Mobilehome Ordinance, and to determine whether its objectives could be better implemented through refinements in certain Ordinance provisions. This review was prompted in part by the special rent increase hearings ordered by the Court of Appeal in the Concord Communities litigation. Those hearings took over two years to complete, consumed over 1000 hours of staff time, and generated over $100,000 in outside attorney fees, highlighting a number of shortcomings in the existing Special Rent Increase Hearing process. The Ad Hoc Committee's review was also driven by the recognition that in the period since the Ordinance's 1994 adoption, pazk owners have lost income, because the Ordinance limits their ability to raise space rents to offset increased park expenses. As a result, park owners have less incentive to spend funds on park maintenance, and are more inclined to explore conversion of their parks to other uses. This dynamic also exposes the Ordinance to a legal challenge by park owners contending that they are unable to achieve a "fair return on investment," which the law requires. At the outset of the review process, the Ad Hoc Committee requested staff to outline the mechanics of the Special Rent Increase Hearing Process, to survey how other Cities with mobi]ehome rent stabilization conduct such hearings, and to analyze alternative proposals. The Ad Hoc Committee also requested staff to consider possible adjustments to the existing General Annual Adjustment formula, and to explore the feasibility of vacancy decontrol. AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. February 26, 2008 Page 3 Over the course of a number of meetings, staff and the Ad Hoc Committee developed and fine tuned a number of proposed revisions to the Mobilehome Ordinance. Thereafter, staff conducted sepazate community outreach meetings with the residents and owners of each of the City's 11 mobilehome parks. During this collaborative process, staff described in detail the proposed ordinance revisions, answered all questions, and obtained the mobilehome park communities' collective input. ~ On January 28, 2008, the Ad Hoc Committee conducted a public hearing, and at the conclusion of that hearing recommended full Council Review of the proposed amendments discussed in this report (set forth in the Attachment "B"). The following is a summary of the Mobilehome Ordinance's existing provisions reviewed by staff, a discussion of perceived shortcomings in the present Ordinance, and an outline of the proposed revisions. Special Rent Hearing Procedure The Mobilehome Ordinance establishes a Base Space Rent, which is the space rent chazged and allowed as of January I, 1994, when the Ordinance took effect.. The Ordinance provides for an automatic annual increase in space rent, referred to as a "General Annual Adjustment". The Ordinance embodies a presumption that the Net Operating Income ("NOI") received by park owners in the 1993 calendar year provided them with a "fair and reasonable return" on their investment, and that General Annual Adjustments in subsequent years will ensure the continuation of such a return. As currently drafted, General Annual Adjustments are limited to the lesser of 60% of the increase in the CPI for the twelve-month period ending 90 days before such notice of rent increase is given, or 5 percent overall. As a result of this "cap," space rents cannot be increased more than 5 percent in any given yeaz (absent a Special Rent Increase). The Mobilehome Ordinance permits pazk owners to seek a Special Rent Increase in space rent over and above the allowed General Annual Adjustment. Under the existing Ordinance, park owners seeking such an increase must issue to all residents a Notice of Proposed Special Rent Increase, describing the amount of the proposed increase. If ten (10) percent or more of the spaces affected by the proposed increase file a Petition for Review, the proposed Special Rent Increases must be reviewed and approved by the Mobilehome Rent Review Board, which consists of a panel of three voluntary members who are appointed by the City Council. At the hearing, the involved park owner must justify the increase by demonstrating that he/she is not obtaining a fair and reasonable return. The park owner potentially may do so by showing that: • His operating expenses in the Base Yeaz were unusually high or low; • Rents charged by the park owner in the Base Year were significantly below the rents for mobilehome spaces in the City with comparable amenities because of unique or extraordinary circumstances; • The Special Rent Increase is necessary to provide the pazk owner with a fair return. ~ The January 28, 2008 Staff Repoli (Attachment A) describes in detail the feedback received at the respective meetings. AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJ[JSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTH.IZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. Febmary 26, 2008 Page 4 Special Rent hearings aze publicly conducted administrative proceedings, and subject to due process and Brown Act requirements. The Ordinance does not stmcture the manner in which Special Rent Increase hearings shall be conducted, leaving may procedural decisions to the Board's discretion. Determinations by the Board aze appealable to the City Council. Any party disputing the final conclusions and findings of the City Council may seek Superior Court review by way of a Writ of Administrative Mandamus. Due to recent Court of Appeal decisions, when a Special Rent Increase proceeding is conducted in a litigation context (as in the Concord Communities matter), or when the City is deemed adverse to one of the parties, the City Attomey's Office is precluded from providing legal advise to either the Board or the Ciry Council . As a result, the City is required to appoint outside counsel, resulting in attendant attomey fees and costs which typically aze quite significant. In the event of an appeal to the City Council, yet another attorney must be retained to provide legal advice. As an illustration of the magnitude of potential legal expenses involved, during the Concord Communities hearings, the City incurred approximately $117,000 in legal fees for outside attorneys to respectively advise the Board and the Council. Even in anon-litigation context, Special Rent Increase proceedings also currently require the expenditure of considerable staff time and resources obtaining, reviewing, and providing copies of the typically voluminous documentation submitted by the respective parties, preparing a detailed staff report with recommendations, and providing administrative support during the public hearings. By even the most conservative estimate, well over 1000 hours of City Attorney's Office/Housing Division staff time were expended on the Concord Communities hearings. Those proceedings were admittedly unique in their scope and complexity, yet even for the relatively streamlined Brookview Special Rent Increase proceedings (conducted in Febmary 2006), at least 200 hours of City Attorney and Housing staff time were expended. In short, Special Rent Increase proceedings currently are extremely expensive and time consuming for the City. Beyond the outlay of staff time, the volunteer Boazd members also must necessarily invest considerable time of their own, both reviewing the mass of documents and filings, and conducting the hearings themselves. It is estimated that for the Concord Communities matter, the Board members collectively invested well over 500 hours of time, which required them to adjust their work calendars, and in some instances necessitated hearing delays in order to accommodate competing private work schedules. An added shortcoming of the present Special Rent Increase process is the absence of any limitation on the number of witnesses who can be called to testify, the amount of time which may be consumed conducting direct and cross examination of witnesses, the amount of notice which must be given to parties regarding witnesses, exhibits and motions, the number of continuances allowed, and the overall length of the hearing. As a result, the process is vulnerable to abuse, and the lack of internal constraints lends itself to delays, hearings that extend a lot longer than necessary, and ambush tactics by legal counsel in the form of unannounced witnesses, and documents and motions being submitted on the date of the hearing(s). The Concord Communities hearings aze emblematic of the delays that are inherent in a vigorously contested Special Rent Increase hearing. All told, the hearings in that matter took over two yeazs to complete. AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTLAL VACANCY DECONTROL, AND UTILIZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. February 26, 2008 Page 5 Separate and apart from the absence of established hearing procedures, the emotionally charged nature of Special Rent Increase hearings often leads to disruption and unwan-anted time consumption. Because the proceedings are conducted within a public hearing context, public comment is permitted, and instructions limiting such comments to items not on the agenda are often ignored. The proceedings are invariably politicized, and often attended by members of the media, resulting in posturing and showmanship, a tendency by witnesses and legal counsel to make speeches rather than address the direct issues at hand, repetitive and irrelevant testimony, and from time to time, abandonment of appropriate decorum. Under the proposed amendments to the Mobilehome Ordinance, the Mobilehome Rent Review Boazd would be eliminated, and the City would instead utilize a neutral third party Hearing Officer to determine special rent increase petitions. The Hearing Officer would be mutually selected by the parties from a panel of at least 10 potential Hearing Officers. The panel would be assembled by the City Clerk with the adoption of the proposed Mobilehome Ordinance amendment, and would consist of members of the State Baz (including both attorneys and retired judges) with significant experience in mobilehome/apartment rent control matters. To ensure the absence of bias, Hearing Officers would be precluded from either owning a mobilehome coach or having an ownership interest in a mobilehome park. The parties would be entitled to representation at the hearing by legal counsel In the event the affected residents do not utilize legal counsel, they would be required to select a resident representative for the proceedings. The City would be permitted but not obligated to participate in the proceedings. The Hearing Officer would be required to conduct hearings in an efficient and expeditious manner. Subject to due process requirements, the Hearing Officer would have the authority to limit the number of witnesses and the length of time used to question witnesses, and to exclude witnesses whose testimony is deemed cumulative or irrelevant. The Hearing Officer could also establish deadlines and page limits For written submittals, and exclude untimely submittals. The Hearing Officer would be required (absent a showing of good cause) to complete the hearing without any intervals between hearing dates, and to limit continuances. Of key importance, the Hearing Officer would decide Special Rent Increase Petitions using the same criteria set forth in the exiting ordinance. Notably, the decision of the Hearing Officer could not be appealed to the City Council, but could be appealed to the Superior Court under the Administrative Writ procedure set forth in California Code of Civil Procedure Section 1094.5 and 1094.6. Staff estimates that the Hearing Officer would be in the range of $6000-$10,000 for a complete hearing, depending upon the complexity of the subject matter. Under the proposed Mobilehome Ordinance amendment, the petitioning park owner would be required to advance the entire estimated fee, but would be permitted to pass on 35 percent of the Hearing Officer's fees to the affected residents (pro-rated by the number of spaces), amortized over a 12 month period. Staff believes that the use of a third party Hearing Officer promises significant advantages over the current hearing procedure. Firstly, the Hearing Officer would have the authority to establish procedural AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBII.E HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. February 26, 2008 Page 6 limitations to streamline the proceedings and eliminate irrelevant and repetitious evidence, and abusive or dismptive tactics by counsel or the parties. It is anticipated that by utilizing a Hearing Officer, the proceedings will be conducted in a more efficient and timely manner, yielding a finding in less time than under the present system. Further, the elimination of an appeal to the City Council encourages more finality to the Hearing Officer's decision, and a party seeking writ review will only have 90 days following the issuance of the decision in which to file a writ petition. This benefits all of the parties, minimizing the uncertainty that occurs when hearings or appeals drag on for an undetermined period. The use of a Hearing Officer would also lessen expenditures of staff time and taxpayer funds. Staff would have no longer be responsible for preparing a report to the Hearing Offtcer; rather, it would be left to the respective parties to educate him or her regarding the factual context and issues in dispute. The parties would also have the responsibility to provide the Hearing Officer with all supporting documentation. Ultimately, it will be the Hearing Officer's role to analyze all of the factual and economic data-a task which staff is currently performing. The recent Court of Appeal decisions requiring the appointment of sepazate counsel for administrative proceedings conducted in an adversarial context (such as in the Concord Communities hearings) would not apply to proceedings before a Hearing Officer, because the Hearing Officer would be deemed independent of the City, and the alleged potential for bias or political pressure would not be present Accordingly, in such cases the City would be able to utilize the City Attorney's Office if the City wishes to participate in the proceedings, as opposed to having to appoint outside counsel. Since the panel of Hearing Officers will consist of judges or attorneys familiar with mobilehome rent control law, the potential for misapplication of the law and a reversal by the Superior Court will be reduced. By the same token, to the extent that retired judges aze utilized, their decision likely would be accorded particular weight by the court if a mandamus action were pursued; as such, there would be a built in disincentive to pursue appeals. In a similaz vein, because the Boazd's members are City appointed, they aze potentially vulnerable to charges of bias by the involved parties. By using a Hearing Officer, this argument would be effectively eliminated, since the Hearing Officers will be independent of the City, and the parties themselves will be responsible for selecting the Hearing Officer. Viewed as a whole, the essential benefit provided by the Hearing Officer model is that it dramatically increases the efficiency and finality of the hearing process, resulting in quicker determinations and less likelihood of a legal challenge. The use of a Hearing Officer also will significantly reduce the City's cost and involvement in Special Rent Increase determinations, instead placing the administrative and decision-making role upon the Hearing Officer. At the same time, the rent stabilization considerations and protections embodied in the Ordinance will be retained, serving as the required framework for the Hearing Officer's decision. At the direction of the Ad Hoc Committee, staff conducted an informal survey of other cities with mobilehome rent control Ordinances, and determined that a number of cities, including Hayward, Clovis, Fremont, San Rafael, and Palm Desert, have abandoned the Boazd/Commission review process for Special AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. February 26, 2008 Page 7 Rent Increase applications (or their analog) in favor of the Hearing Officer model proposed by staff. Staff at those cities uniformly favor this approach and believe that it works well. 2. General Annual Adiustments As noted above, under the existing Mobilehome Ordinance, park owners are entitled to assess an automatic increase in space rent on an annual basis, equal to 60 percent of the increase in the Consumer Price Index for the 12-month period ending 90 days before such notice of rent increase is given. As noted above, these automatic increase, known as General Annual Adjustments, are subject to a yearly cap of 5 percent. Because the General Annual Adjustment mechanism in its present form only permits park owners to capture 60 percent of inflationary increases, they inevitably suffer a loss in Net Operating Income (rental income less operating expenses) over the long term, because expenses increase at a faster rate than permissible rent adjustments. This dynamic was exemplified during the 2006 Special Rent Increase hearing involving the Brookview Mobilehome Park. Documents submitted by Brookview demonstrated that during the period from 1993 to 2004, the Net Operating Income received by the park's owners declined from $222,076 to $141,175, representing a drop of 36.5 percent. A number of the owners of other mobilehome parks in the City assert that they have incurred similar (or even larger) losses. Certainly some categories comprising the Consumer Price Index, such as education, recreation, apparel, food and beverages, and housing do not directly factor into park owners' expenses, and they are not directly affected by inflationary increases in the cost of these goods and services. On the other hand, there is no question that routine expenses such as wages and associated medical insurance, gasoline, equipment, supplies, maintenance fees, and common area utilities do increase owing to inflationary forces, yet such increases presently are being largely borne by the park owners, because every year they are required to absorb 40 percent of the raise in their costs. Separate and apart from the inevitable decline in net income, logic dictates that to the extent park owners are unable to offset inflationary increases through parallel rent adjustments, they will have less capital and/or incentive to maintain their parks on either a functional or aesthetic level, negatively impacting the residents over time. In a similar vein, park owners who sustain ongoing losses in net income may be tempted to explore converting their properties to non-mobilehome use, potentially resulting in forced relocation of park residents and reduced mobilehome spaces throughout the City. While staff concludes that under current California law, cities may legally impose sub-inflationary caps on mobilehome rent, this issue is a matter of ongoing debate in the courts, and there is a potential that the City's Ordinance could be challenged in the courts as confiscatory. Although the Mobilehome Ordinance in its present form does permit park owners to seek a Special Rent adjustment in order to bring rents in line with increased expenses, the Special Rent Increase process, as discussed above, is time consuming, expensive, and fraught with uncertainty for park owners and residents alike. Both parties often feel obligated to retain legal counsel in order to protect their interests, and expert testimony typically is essential to the "fair return on investment" determination. Ultimately, the necessity for AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. February 26, 2008 Page 8 pursuing a Special Rent Increase would be lessened if park owners were allowed to capture through automatic rent increases a lazger portion of their inflation-driven expenses. As part of the review process, staff obtained a 2005 study of 91 other cities and counties in California with rent control ordinances (Attachment "C"). Of this group, only seven other cities/counties limit automatic rent adjustments to 60 percent of the CPI increase for the relevant year, and only one (Santa Cruz County) utilizes a lower cap. The vast majority of cities and counties permit park owners to capture 75 percent or more of the CPI. Indeed, many cities permit pazk owners to pass through 100 percent of CPI increases, subject to a cap generally ranging from 5-7 percent. Based on the forgoing, and the input of the Ad Hoc Committee and the mobilehome community, staff recommends increasing the allowable General Annual Adjustment to 80 percent of the relevant annual in the CPI, subject to a 5 maximum during any year. The effects of the proposed increase would be relatively modest. By way of illustration, with an inflationary rate of three (3) percent per year (which was the average during the period 1996-2005), a General Annual Adjustment under the current ordinance would increase monthly rent on a space with an existing space rent of $450 by $8.10 (3% x 60% = 1.8 x $450 = $8.10). Utilizing the same base rent figure and allowing pazk owners to capture 80 percent of the yearly increase in CPI would only result in a monthly space rent increase of $10.80 (3% x 80% = 2.4 x 450 = $10.80), a difference of $2.70 per month, or $32.40 per year. In assessing the merits of the proposed General Annual Adjustment increase, it is important to consider that the stated purpose of the Ordinance is not to completely shield pazk residents from inflation- basedrent hikes; rather the goal is to preclude park owners from imposing "unreasonable" rents. As stated in the findings supporting the Ordinance: After reviewing the evidence presented to the City Council, the City Council finds and declazes it necessary, in the public interest, to protect mobilehome owners from unreasonable rent increases and other unreasonable practices by park owners. (CMC §58-91(t).) Further, although the Ordinance recognizes the need to protect residents from excessive rent increases, it also acknowledges that park owners are entitled to obtain sufficient rents to sustain their investment. As stated in the Ordinance: It is necessary to permit rents which will enable park owners to obtain a fair return, which is high enough to encourage good z Attachment D provides illustrations of the effect on space rent of the proposed increase in General Annual Adjustments. This attachment was distributed during the community outreach meetings conducted by staff.. AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE II (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THIRD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. Febmary 26, 2008 Page 9 management, reward efficiency, and discourage the flight of capital. (CMC §58-91(v).) In view of the forgoing, staff believes that increasing the allowable General Annual Adjustment from 60 percent to 80 percent of CPI would not undercut the goal of the Mobilehome Ordinance to protect residents against excessive rent increases. At the same time, the proposed amendment would bolster the Mobilehome Ordinance against a potential court challenge, and stem the decline in Net Operating Income experienced by park owners since the passage of the Mobilehome Ordinance. It is hoped that park owners, in turn, will be encouraged to channel increased park income toward better maintenance, and will be less inclined to consider converting their parks to alternate uses. 3. Vacancy Decontrol Under the existing Mobilehome Ordinance, park owners are not permitted to increase space rents when a coach is sold and then occupied "in place" by a new resident. Stated differently, coach purchasers currently step into the shoes of the seller for purposes of space rent. Vacancy Decontrol" is a mechanism utilized by a number of cities with rent control that permits park owners to increase space rents upon the in place sale of a coach. The cities utilizing vacancy decontrol vary in their approach: some allow rents to be raised to "market level" i.e., the space rents being paid in comparable, non-rent controlled pazks; others place a percentage cap on the allowable increase; still others permit rents to be raised to whatever level the owner can obtain from a prospective purchaser. Vacancy decontrol facilitates an improved return to the park owners, and can serve as an offset to income deficits caused by sub-inflationary annual adjustment caps. However, vacancy decontrol can adversely impact the sales value of coaches, because their market value is affected by the space rent the purchaser will ultimately have to pay. For example, if a family has $1000 per month to spend on housing, and space rent is $400 per month, they can afford to pay approximately $60,000 for a coach (assuming a monthly payment of $600). However, if the rent is $500 per month, the maximum price the same family could pay is only $50,000. On the other hand, park residents in rent controlled jurisdictions already pay "below market" rent, and a credible argument can be made that the rent-control premium they receive when a coach is sold is an unearned and unintended benefit. Staff believes that vacancy decontrol is an equitable complement to rent control. Further, vacancy decontrol by defmition does not affect existing residents, thus it preserves the Mobilehome Ordinance's objective of protecting residents against excessive space rent increases. Many of the cities that permit vacancy decontrol utilize a standard cap to limit the amount of the allowable increase, in place of allowing rents to go to "market" level. Staff recommends this approach, because it maintains the affordability of mobile home residency in comparison to more traditional forms of housing. Based on the survey of other cities, along with input from the Ad Hoc Committee and from the mobilehome community, staff recommends adopting a vacancy decontrol cap of 10 percent, which would allow park owners to charge incoming purchasers 10 percent more in space rent than the sellers were paying. AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE H (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THII2D PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. February 26, 2008 Page ] 0 There may be situations in which a resident spouse, domestic partner or parent passes away, transferring title to a coach to his/her spouse/domestic partner or child, who is already residing in the coach. Vacancy decontrol would not permitted under these circumstances, since there would be no "new resident" occupying the coach space. During the community outreach meetings discussed above, some residents voiced concem that park owners will try to artificially create resident turnover through unjustified evictions, in order to obtain space rent increases from new residents. In order to address this concern, the proposed Ordinance amendment would limit vacancy decontrol increases to once every two years, per space. Conclusion Staff believes that the proposed Mobilehome Ordinance amendments will improve the efficiency and fairness of the existing Ordinance, while still maintaining the objectives that lead to its adoption. Fiscal Impact It is anticipated that adoption of a Hearing Officer procedure for conducting Special Rent Increase hearings will result in a substantial savings to the City, in the form of staff time, outside counsel fees and costs, and facility use. Likewise, to the extent that modifications to the General Annual Adjustment and Vacancy Control components provide park owners with additional income, their incentive to pursue Special Rent Increases or institute litigation against the City will be lessened, reducing potential expenditures of staff time and legal fees. Recommended Course of Action Introduce Ordinance No. 08-02 by reading of the title only and waiving further reading thereof. A-ternative Courses of Action Take no action and give further direction to City staff. Public Contact The agenda has been posted as required by law. Individuals requesting special notice of this meeting have been given a copy of the agenda and this report. AN ORDINANCE AMENDING CHAPTER 58 (MANUFACTURED HOMES, MOBILE HOMES, AND TRAILERS), ARTICLE H (MOBILE HOME PARKS), DIVISION 3 (RENT STABILIZATION) OF THE CONCORD MUNICIPAL CODE, INCREASING GENERAL ANNUAL ADJUSTMENTS, PERMITTING PARTIAL VACANCY DECONTROL, AND UTILIZING A THHtD PARTY HEARING OFFICER IN PLACE OF THE MOBILE HOME RENT REVIEW BOARD FOR SPECIAL RENT INCREASE DETERMINATIONS. Febmary 26, 2008 Page 11 Prepazed by: Mark S. Coon Assistant City Attorney Fran Mcvey Interim Housing Director Edward James Reviewed by: Interim City Manager Craig Labadie City Attomey Enclosures: Attachment A: January 28, 2008 Report to Mobilehome Ad Hoc Committee Attachment B: Proposed Mobilehome Ordinance Amendments Attachment C: Survey of Mobilehome Pazk Rent Stabilization Ordinances Attachment D: Examples of Rent Increase Comparison ITEM NO: lib DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF MITIGATED NEGATIVE DECLARATION FOR THE GOBBI STREET REALIGNMENT PROJECT SUMMARY: Staff has prepared and is recommending adoption of a Mitigated Negative Declaration for the Gobbi Street/Babcock Lane/Oak Manor Drive realignment project. Late last year, the Council approved the initial design of the project and Staff subsequently embarked on the required environmental review to comply with the California Environmental Quality Act (CEQA). This agenda item is intended to provide the recommended Mitigated Negative declaration, comments letters, and response to comments to the council for review and for the Council to consider adoption of the document. BACKGROUND: The Mitigated Negative Declaration was prepared and circulated to state and local agencies, as well as interested groups for review and comment. Comment letters were received from the Mendocino County Water Agency and the Friends of Gibson Creek. The comments did not object to the use of the Mitigated Negative Declaration to comply with CEQA, but rather they focused on critical issues such as erosion control, water quality, tree protection, bank stabilization, and project design. The Public Works Project Manager provided responses to the comments, which included design clarification, additional information, and suggested language to supplement the recommended mitigation measures. (continued on page 2) RECOMMENDED ACTION: Adopt the Mitigated Negative Declaration ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Mitigated Negative Declaration and provide direction to Staff. Citizen Advised: Friends of Gibson Creek and Mendocino County Water Agency Requested by: Charley Stump, Director of Planning and Community Development and Tim Eriksen, Director of Public Works/City Engineer Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Pat Thompson, Interim City Manager, Tim Eriksen, Director of Public Works, and Rick Kennedy, Project Manager Attachments: 1. Mitigated Negative Declaration (previously distributed) 2. Response to Comments Document (previously distributed) __~ APPROVED: ; ~~G ~ ~~~.,r;-'ate z~~--- Pat Thompson, City anM ager CONCLUSION: After review of the comments and the formal Response to Comments, Staff is able to conclude that the project, as mitigated, will not have a significant adverse impact on the environment, and that a Mitigation Negative Declaration is appropriate for the project. Many of the submitted comments led to design changes and the strengthening of mitigation measures. These included: 1. Making sure that no water from Gibson Creek would be used for dust control watering. 2. Requiring the final plans to designate environmentally sensitive areas and fencing these areas during construction -These areas include the drip lines of all trees in the vicinity, including the Heritage Oak trees at the northwest corner of the project site and the large Cedar tree located at the southeast corner of the site. 3. Adding language to ensure the health and vitality of Gibson Creek during construction activities -This includes the requirement that the contractor submit a written program for the control of pollution to Gibson Creek during construction. 4. Making sure that the bioswale for the southwest corner of the project is designed according to an effective and proven design developed by Sonoma County. ACTION: Adopt the Mitigated Negative Declaration of Ukiah ATTACHMENT ~ NEGATIVE DECLARATION DATE: October 12, 2007 APPLICANTS: City of Ukiah PROJECT: Gobbi Street/Oak Manor Drive/Babcock Lane Realignment LOCATION: An area encompassing the intersections of Gobbi Street with Oak Manor Drive and Babcock Lane, on lands within the corporate limits of the City of Ukiah and within unincorporated areas of the County of Mendocino (APN 179-061-08; 179-294-07; and 180-020-01), Ukiah, Mendocino County, CA PROJECT DESCRIPTION: The project consists of the realignment of Babcock Lane with Oak Manor Drive at the point that it intersects with Gobbi Street and a section of Gibson Creek, in order to create a standard 90 degree intersection with four street approaches. Specific tasks involved in the realignment include the following: 1. Demolition of the existing street bridge across Gibson Creek and the removal of the existing pedestrian bridge located northwest of the intersection. 2. Construction of a temporary creek crossing over Gibson Creek. 3. Re-channeling of the section of Gibson Creek that flows through or near this intersection. 4. Construction of box culverts to carry the realigned creek under the realigned sections of Gobbi Street and Babcock Lane. 5. Demolition and removal of existing street pavement. 6. Relocation of any utility that conflicts with the realigned street and creek. 7. Construction of a new street section including curb, gutter, sidewalk, and ADA-compliant curb ramps. 8. Restoration of any section of Gibson Creek disturbed by the construction of the street. ENVIRONMENTAL ANALYSIS: Based on the review of the proposed project, site and surrounding areas, appropriate mitigation measures were identified in Sections 3 (Air Quality); 4 (Biological Resources); 5 (Cultural Resources); 6 (Geology/Soils); 7 (Hazards & Hazardous Materials); 8 (Hydrology/Water Quality); 11 (Noise); 15 (Transportation/Traffic); and 16 (Utilities and service Systems). Implementation of the identified mitigation measures by the City of Ukiah and other pertinent agencies will result in no significant adverse environmental impacts. FINDINGS SUPPORTING A NEGATIVE DECLARATION: 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated, will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project will not have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This docum~~nay be reviewe~t the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary October 12. 2007 Coordinator Date CITY OF UKIAH Department of Planning & Community Development 300 Seminary Avenue, Ukiah, CA 95482 www.cityofukiah.com PUBLIC NOTICE Mitigated Negative Declaration Gobbi StreeUOak Manor Drive/Babcock Lane Realignment Project NOTICE IS HEREBY GIVEN that a Mitigated Negative Declaration has been prepared for the City of Ukiah Gobbi Street/Babcock Lane/Oak Manor Drive Realignment Project, and is available for public review and comment. The document can be reviewed at the City of Ukiah Department of Planning and Community Development, Civic Center, 300 Seminary Avenue, Ukiah, California. PUBLIC REVIEW AND COMMENT PERIOD: October 21, 2007 through November 21, 2007. The Mitigated Negative Declaration and associated Initial Study conclude that while the project does have the potential to produce significant adverse impacts on the environment, the impacts can be successfully offset by a mitigation measure program. Impacts and mitigation measures have been identified that relate to air quality, biological resources, cultural resources, geology/soils, hazards/hazardous materials, hydrology/water quality, noise, traffic, and utilities. PROJECT DESCRIPTION: The project consists of the realignment of Babcock Lane with Oak Manor Drive at the point that it intersects with Gobbi Street and a section of Gibson Creek, in order to create a standard 90 degree intersection with four street approaches. Specific tasks involved in the realignment include the following: 1) Demolition of the existing street bridge across Gibson Creek and the removal of the existing pedestrian bridge located northwest of the intersection; 2) Construction of a temporary creek crossing over Gibson Creek. 3) Re-channeling of the section of Gibson Creek that Flows through or near this intersection; 4) Construction of box culverts to carry the realigned creek under the realigned sections of Gobbi Street and Babcock Lane; 5) Demolition and removal of existing street pavement; 6) Relocation of any utility that conflicts with the realigned street and creek; 7) Construction of a new street section including curb, gutter, sidewalk, and ADA-compliant curb ramps; 8) Restoration of any section of Gibson Creek disturbed by the construction of the street. PROJECT LOCATION: The project site is located at the intersections of Gobbi Street with Oak Manor Drive and Babcock Lane, on lands within the corporate limits of the City of Ukiah and within unincorporated areas of the County of Mendocino (APN 179-061-08; 179-294-07; and 180- 020-01), Ukiah, Mendocino County, CA. NOTICE IS HEREBY ALSO GIVEN that the project site is not on any list of hazardous waste disposal sites pursuant to section 65962.5 of the CA Government Code. SUBMITTING WRITTEN COMMENTS: All written comments on the proposed Mitigated Negative Declaration must be submitted by 5:00 p.m. on November 21, 2007 to Charley Stump, Director of Planning and Community Development, 300 Seminary Avenue, Ukiah. The City Council will conduct a public hearing to consider the Mitigated Negative Declaration and project at a later date. A separate public notice will be provided for that public hearing. s/ Charley Stump, Director of Planning and Community Development. POSTED AND MAILED: October 19, 2007. MITIGATED NEGATIVE DECLARATION/ INITIAL ENVIRONMENTAL STUDY-- . GOBBI STREET /OAK MANOR DRIVE / ~ City of Ukiah BABCOCK LANE STREET REALIGNMENT Project Title: Realignment of Gobbi Street Intersection at Oak Manor Drive and Babcock Lane. Lead Agency Name and City of Ukiah Department of Public Works Address: 300 Seminary Avenue Ukiah, CA 95482 Project Location: An area encompassing the intersections of Gobbi Street with Oak Manor Drive and Babcock Lane, on lands within the corporate limits of the City of Ukiah and within unincorporated areas of the County of Mendocino (APN 179-061-08; 179-294-07; and 180-020-01), Ukiah, Mendocino County, CA Project Sponsor's Name and City of Ukiah Address: Department of Public Works 300 Seminary Drive Ukiah, CA 95482 General Plan Designation(s): C (Commercial); P (Public); and LDR (Low Density Residential) within City limits and AG within the County lands. Zoning: C-2 (Heavy Commercial); PF (Public Facilities); and R-1 (Low Density I City limits and AG within the County lands. Contact Person: Charley Stump, Director Phone Number: 707 462-6219 Date Prepared: August 27, 2007 Public Review Period: October 21, 2007 through November 21, 2007 PROJECT DESCRIPTION Existing Conditions: The project site consists of the area where Oak Manor Drive and Babcock Lane intersect with East Gobbi Street, creating two tee intersections spaced approximately 40-50 feet apart. The project area also includes a section of Gibson Creek, a tributary to the Russian River that crosses in a southeasterly direction under Gobbi Street via a 37-foot wide low profile bridge/culvert span, before flowing between the two intersections and turning south. The areas on the north and southwest sides of the Gobbi StreeUOak Manor Drive intersection are located within the corporate limits of the City of Ukiah, while the lands located on the southeast quadrant of this intersection are in the unincorporated area of the County of Mendocino. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Babcock Lane runs parallel to Gibson Creek in a north-south direction before it turns north-westward to intersect with Gobbi Street. The two-lane road is between 20-25 feet wide on its approach, widening to approximately 40 feet where the intersection of the streets occur. This is a tee intersection, but it consists of a broader apron area to allow 120-degree right turns onto east-bound Gobbi Street and 45- degree left turns onto west-bound Gobbi Street. There are no sidewalks, curbs, or gutters along this street, which has limited shoulder areas. Traffic controls include two STOP signs painted onto the Babcock Lane approach and a standing STOP sign on the right-hand side of Babcock Lane. Oak Manor Drive terminates at its intersection with East Gobbi Street at a point approximately 30 feet east of the intersection of Gobbi Street and Babcock Lane. This tee intersection has 90-degree turns to the east and west, and provides access to a driveway to the south that serves the two single-family residences located on the southeast corner of the intersection. This driveway area is unimproved, with no paved surfaces or curbs, and drains directly into abutting Gibson Creek. Oak Manor Drive is fully improved with 36 feet of road surface, curbs, gutters, and sidewalks on its east and west sides. The improvements on the east side of Oak Manor Drive extend around the northeast corner of the intersection and run along the north side of Gobbi Street, but the improvements on the west side of Oak Manor Drive end at the drop-inlet at the northeast corner of the intersection. The section of Gobbi Street west of the project area is also improved, with a 42-foot wide road width, curb, gutter, and sidewalks extending to within 30 feet of the Babcock Lane intersection. However, the areas abutting the Babcock Lane intersection have not been improved and pedestrian access is limited to a temporary footbridge and pedestrian path across Gibson Creek that connects the Oak Manor Drive sidewalk with the sidewalk on the north side of Gobbi Street. Additionally, the pavement width for Gobbi Street tapers down to a 25-foot width from the point that it crosses Gobbi Street to its eastern terminus. As noted above, Gibson Creek extends through the project area in a southeast direction. It first approaches the affected intersections through a 35-foot wide channel (at top of bank) that is located between Oak Manor Park and a mobile home park, and is then routed under 18-foot wide (stream flow width) cement bridge for Gobbi Street. After passing under this bridge, the creek widens to between 20-22 feet in width until it turns southward, flowing in a narrower, steep-walled channel to its confluence with Doolan Creek and then eastward into the Russian River. The creek sections described above have been channeled over the years, with anon-meandering open course that has a relatively small amount of vegetation and no known plants designated as rare, threatened or endangered. In fact, the only real shade cover is provided a by mature Live Oak tree located on its eastern bank, 35 feet north of the temporary footbridge that crosses the creek in the northwest quadrant Gobbi Street/Oak Manor Drive intersection. The creek bed is largely silt and rock, with some small deposits of gravel. The lands on the northwest side of the affected intersections include Oak Manor Park and a large mobile home park in PF and R-3 zoning, respectively, with single-family homes in R-1 zoning on the northeast side. The area to the southwest is zoned C-2 and has been developed with heavy commercial businesses. The area to the southeast is located in the County of Mendocino, and is developed with single-family residences and pear orchards. City of Ukiah Gobbi St/Oak Manor Drive/ Babcock Lane Realignment October 12, 2007 2 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Proposed Project: The project consists of the realignment of Babcock Lane with Oak Manor Drive at the point that it intersects with Gobbi Street and a section of Gibson Creek, in order to create a standard 90 degree intersection with four street approaches. Specific tasks involved in the realignment include the following: Demolition of the existing street bridge across Gibson Creek and the removal of the existing pedestrian bridge located northwest of the intersection; Construction of a temporary creek crossing over Gibson Creek; Re-channeling of the section of Gibson Creek that flows through or near this intersection; Construction of box culverts to carry the realigned creek under the realigned sections of Gobbi Street and Babcock Lane; v Demolition and removal of existing street pavement; r Relocation of any utility that conflicts with the realigned street and creek; Construction of a new street section including curb, gutter, sidewalk, and ADA-compliant curb ramps; and 'v Restoration of any section of Gibson Creek disturbed by the construction of the street. The re-alignment of Gobbi Street at Oak Manor Drive and Babcock Lane Project has been programmed for State funding under the 2006 State Transportation Improvement Program (STIP) as Project No. 4091 P. The Project is a pedestrian and traffic safety improvement project, and is not considered to be a flood improvement project. Other Public Agencies With Approval Authority (e.g., permits, financing approval, or participation agreement): • City of Ukiah City Engineer/Department of Public Works • California Department of Fish and Game • Regional Water Quality Control Board-North Coast Region • U.S. Corps of Engineers Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. ® Aesthetics ^ ® Biological Resources ® Hazards 8 Hazardous Materials ^ Mineral Resources ^ Public Services ^ ^ Utilities /Service Systems Agricultural Resources Cultural Resources Hydrology /Water Quality Noise Recreation Mandatory Findings of Significance ® Air Quality ® Geology /Soils ® Land Use /Planning ^ Population /Housing ® Transportation / Traffic City of Ukiah Gobbi SbOak Manor Drive/ Babcock Lane Realignment October 12, 2007 3 INITIAL $TUDY~ Ib11TIGATED NEGATIVE DECLARATION DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ^ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at feast one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Date: October 12, 2007 i /,Ch ey Stump, Department of I City of Ukiah City of Ukiah October 12, 2007 & Community Development Gobbi SdOak Manor Drive/ Babcock Lane Realignment INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION PURPOSE OF THIS INITIAL STUDY This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration. I. AESTHETICS Less Than Potentially Signifcant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Have a substantial adverse effect on a scenic ^ ^ ® ^ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and ^ ^ ® ^ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character ^ ^ ® ^ or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime ^ ^ ^ views in the area? Discussion: The project site is largely developed with anon-standard urban road system that has few distinguishable aesthetic characteristics. The Babcock Lane street frontage has retained the rural road design and appearance with which it was first developed. Babcock Lane intersects the more "urban road" design used for Gobbi Street and Oak Manor Drive. In this case, the road designs proposed for the realigned intersection would match those used for the more modern road sections, so the visual features would be more consistent with each other and are not expected to cause substantial or adverse changes to site aesthetics. The realignment of the intersection will also require the relocation of the section of Gibson Creek that flows through the site. This creek section is open, but it has been modified into anon-meandering creek channel with Babcock Lane on its west side and an unimproved driveway area located along its eastern side. It has uniform bank heights and little vegetation at the project location. The relocated creek section would run through 70-foot long box culverts under Gobbi Street and Babcock Lane, with the 47-90 foot long section of creek between the culverts left open. The newly located creek section would also be channeled with straight banks and a maintenance access lane at the eastern end of the proposed Gobbi Street culvert. Staff notes that the Gibson Creek Habitat Enhancement and Public Access Studv (LSA Associates - 2000) adopted by the Ukiah City Council in January of 2001 examines the Babcock Lane realignment option, specifically suggesting that the construction of a pedestrian bridge to cross the creek at Gobbi Street and the planting of riparian vegetation would result in an "improved neighborhood". It also includes specific examples of riparian improvements on Figure 7 of the Plan, which is included as Attached Exhibit No. 4 of this Initial Environmental Study. This diagram was done for the existing street and creek alignments and would not fit the proposed street/creek alignment precisely. It is the opinion of staff that the riparian planting patterns could be incorporated into the project to enhance its visual appearance, particularly if it is planted in a manner that would provide more shading of the creek and the screening of the box culverts that would serve as the street and pedestrian bridge. However, it is the further opinion of staff that the proposed creek relocation would not result in any significant adverse visual impacts or any significant adverse changes to a scenic vista or natural City of Ukiah Gobbi St/Oak Manor Drive/ Babcock Lane Realignment October 12, 2007 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION resource as the original section of creek utilizes the same utilitarian channel design proposed in this project. Therefore, while staff recommends that the final design phase of the project include the riparian planting designs discussed above, it does not recommend that such design changes be required due to any environmental impact. Mitigation Measures: None required. (See recommended mitigation in Biological Resources Section of this report associated with the Gibson Creek Habitat Enhancement and Public Access Study). Impact Significance After Mitigation: N/A 2. AGRICULTURAL RESOURCES Less Than Potentially Signifcant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ~ ~ ~ Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or ~ ~ ~ a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result ~ ~ ~ in conversion of Farmland, to non-agricultural use? Discussion: The eastern portion of the project site is located near existing pear orchards on lands zoned for agricultural uses, but it would have no direct impacts on these orchards since the improved street sections will not directly abut the agricultural (ands. Mitigation Measures: None required. Impact Significance After Mitigation: N!A City of Ukiah Gobbi SUOak Manor Drive/ Babcock Cane Realignment October 12, 2007 6 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Potentially Less Than Less Than Significant Significant Significant NO With Mitigation Impact Would the project• Impact Incorporated Impact a) Conflict with or obstruct implementation of the ^ ^ ® ^ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ^ ^ ® ^ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality ^ ^ ® ^ standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial ^ ® ~ ^ pollutant concentrations? e) Create objectionable odors affecting a ^ ® ^ ^ substantial number of people? Discussion: The City of Ukiah is situated in the flat and narrow Ukiah Valley and the presence of the mountains on both the west and east sides of the valley tends to restrict the horizontal east-west movement of pollutants. While the potential for air pollution is high in the Ukiah Valley, measurements provided by the Mendocino County Air Quality Management District (MCAQMD) indicate that actual pollutant levels are relatively low due to the lack of upwind sources and the relatively low level of development in the local air basin. The staff of the Mendocino County Air Quality Management District (MCAQMD) operates a monitoring site in Ukiah for particulate matter (PM-10) and amulti- pollutant monitoring site in Ukiah for gaseous pollutants, which measures ozone, carbon monoxide, nitrogen dioxide and sulfur dioxide. A brief discussion of the potential impacts of these materials follows. PM-10: Sources of PM-10 include field burning, dust from unpaved roads and grading operations, combustion, and automobiles. Fifty-four of the fifty-eight counties in California exceed the permitted 24-hour concentration and are designated non-attainment for PM-10 by the State Air Resources Board (ARB), although the AR8 does not require Attainment Plans for jurisdictions with PM-10 standard violations. Air quality in Ukiah meets all Federal and State air quality standards with the exception of the State 24-hour PM-10 standard. The Mendocino County Air Quality Management District (MCAQMD) routinely recommends and the City adopts mitigation measures to control fugitive dust. City of Ukiah Gobbi St/Oak Manor Orivef Babcock Lane Realignment October 12, 2007 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION The construction activities associated with the project development are expected to generate typical short-term air quality impacts (PM-10/dust) as a result of site preparation and grading activities during the construction phases. By incorporating the standard dust reduction measures typically recommended by the MCAQMD, the project would not conflict with applicable air quality plans affecting the area, and would not be expected to violate any air quality standards or result in a cumulatively considerable net increase of pollutants. The primary odor/dust emissions receptors of concern are the occupants of the residences and businesses located in the immediate vicinity of the project site. The proposed project will result in short-term impacts associated with construction activities, including grading activities. As noted above, implementing adequate dust suppression methods during grading and construction activities to minimize the generation of fugitive dust, including the use of palliatives, frequent watering, or other methods approved by MCAQMD, will reduce potential impacts to insignificant levels. These measures are included below. Mitigation Measures: 1. Construction activities shall be conducted with adequate dust suppression methods, including watering during grading and construction activities to limit the generation of fugitive dust or other methods approved by the Mendocino County Air Quality Management District. Prior to initiating soil removing activities for construction purposes, the applicant shall pre-wet affected areas with at least 0.5 gallons of water per square yard of ground area to control dust. 2. The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of site preparation shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the Mendocino County Air Quality Management District. 3. During construction activities, the applicant/owner/contractor shall remove daily accumulation of mud and dirt on paved access lanes that serve the project site. 4. Any stationary on-site internal combustion engines over 50 horsepower (i.e. generators) may require a permit from the MCAQMD depending upon fuel source and level of operation. It is the responsibility of the City to contact the District regarding this matter and to secure any required permits prior to site preparation and construction activities. 5. All grading activities must comply with MCAQMD Regulation 1 Rule 430 regarding fugitive dust emissions. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will not cause or substantially contribute to an existing or projected violation of State PM-10 standards or air-borne soil erosion. City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October 12, 2007 INITIAL $TUDY~ MITIGATED NEGATIVE DECLARATION 4. BIOLOGICAL RESOURCES Would the project: Fotentiauy Significant Impact less Than Significant with Mitigation Incorporated Less Than Signifcant No Impact Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status ^ ® ^ ^ species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or ^ ® ^ ^ regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limped to, ^ ^ ^ marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory ^ ® ^ ^ wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ^ ^ ® ^ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ^ ^ ® ^ Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: Riparian Habitat: The subject site is located in an area of the City that has largely developed since the 1960's, resulting in the inconsistent street alignment that this project seeks to change. The most substantial of the natural resources located on or adjacent to the site consists of the 150-foot long section of Gibson Creek that runs along the east side of the Babcock Lane frontage. As noted earlier in the discussion, this section of creek has been altered over the years to form a drainage channel with a moderate amount of existing vegetation. The Gibson Creek Habitat Enhancement and Public Access Study (LSA Associates - 2000) notes that the natural features of Gibson Creek have been largely constrained in the developed areas of the City, resulting in limited public access and impacts to riparian habitat along the creek and to fishery resources within the creek. The plan specifically recommends that down-cutting of the creek channel be prevented through a culvert design that includes acut-off wall below the culvert, but does not City of Ukiah Gobbi SdOak Manor Drive/ Babcock Lane Realignment October 1 Z, 2007 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION include specific measures for the restoration of the creek's riparian habitat or fisheries. Figure 7 of the Plan does include several recommendations for enhancing the creek resources, including the widening of any new bridge across Gobbi and raising its elevation with a "clear span" for fish, the planting of trees on the west side of the creek for shade, and increasing the area that could accommodate flooding. These measures were outlined for the existing street/creek alignment, but it is the opinion of staff that all of the measures should be considered in the final design phase of the project and implemented if approved by the appropriate permitting agencies. As part of the design and engineering process associated with this project, Ross Taylor and Associates (biological emphasis) worked with Winzler and Kelly (engineering emphasis) to provide input into the project design. Mr. Taylor, in a letter to the City of Ukiah dated April 27, 2007, concluded the following: "In summary, from a biological perspective, I believe fish passage would be better served at the site with a single span concrete slab option providing a 17 foot clear opening than atwo-bay box culvert of a slightly wider width. This option best mimics passage conditions through the crossings that steelhead would encounter within the natural channel adjacent to the project area. Added benefits of the single span concrete slab option will be more efficient passage of storm flows and associated debris, as well as better accommodation of future changes in channel-bed elevation." Final design plans should reflect the input of the above-referenced recommendation of Ross Taylor and Associates. Mitigation Measures: 6. Riparian trees and other vegetation plantings recommended in Figure 7 of the Gibson Creek Habitat Enhancement and Public Access Study (attached Exhibit #5) shall be included in the final design phase of the realignment project, but shall only be implemented if they are approved as part of a 1600 Stream Alteration Permit by the California Department of Fish and Game. 5. CULTURAL RESOURCES Less Than Potentially Signifcant Less Than No Signifcant With Significant Impact Impact Mitigation Impact WOUId the prOleCt: Incorporated a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? ^ ^ ® ^ ^ ^ ® ^ ^ ® ^ ^ ^ ® ^ ^ City of Ukiah October 72, 2007 Gobbi SUOak Manor Drive/ Babcock Lane Realignment 70 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Discussion ArchitecluraUHistorical Resources: The City of Ukiah is rich in historical resources, which includes an eclectic assortment of historic homes and properties. Cultural resources are similarly abundant, and the City has provided for the preservation and enhancement of its cultural heritage. The project site has been modified in the past in association with the construction of existing roads, and stream channel modifications. It is not anticipated that the proposed project will cause a substantial adverse change in archaeological or historical resources of the subject site or the surrounding area because it will involve disturbing land that has already been disturbed by the past construction of the existing street and bridge. The project site contains no known paleontological resources or unique geologic sites. No human remains are likely to be encountered, as the project site has not been known to be used as a burial ground. This conclusion is based on the Figure V.3-DD (Attached Exhibit 6) contained in the Ukiah General Plan, which does not show the subject site to be an area of high sensitivity for archaeological/cultural resources. Section 7050.5 of the California Health and Safety Code outlines procedures to be followed in the event that any human remains are found. To ensure that potential resources are not significantly impacted, a standard mitigation measure is recommended that would halt construction in the event of a discovery, and require the applicants to hire a qualified archaeologist to evaluate the resources and develop mitigation measures as appropriate. Mitigation Measure: 7. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and City Planning Department staff shall be notified immediately of the discovery. The City shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and, if deemed necessary, to develop a precise mitigation program prior to the continuation of any site work. Impact Significance After Mitigation' Based upon the comprehensive nature of the recommended mitigation measure, staff is able to conclude that the project, as mitigated, will ensure that in the event prehistoric cultural resources are discovered, aN work will cease until a qualified professional archeologist has examined the materials. 6. GEOLOGY AND SOILS Less Than Potentially Significant Less Than No Signifcant yyith Mitigation Significant Impact Impact {ncorporated Impact Would the project• a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or ^ ^ ^ death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ^ ^ ® ^ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October 12, 2007 11 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 6. GEOLOGY AND SOILS Less Than Potentially Significant Less Than No Significant yyith Mitigation Significant Impact WOUId thB prOj@Ct: Impact Incorporated Impact ii) Strong seismic ground shaking? ^ ^ ® ^ iii) Seismic-related ground failure, including ^ ^ ® ^ liquefaction? iv) Landslides? ^ ^ b) Result in substantial soil erosion or the loss of ^ ^ ® ^ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or ^ ^ ® ^ off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), ^ ^ ^ creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ^ ^ ^ disposal systems where sewers are not available for the disposal of wastewater? Discussion: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City limits. According to resource materials maintained by the Ukiah Planning and Community Development Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. The subject site is not situated on or near an Alquist-Priolo fault zone and has no known slope and/or foundation instability, soil instability, or other geologic hazards. Grading activities associated with the project would loosen soils, exposing them to potential water and wind erosion. Mitigation measures described in Section 3 (Air Quality) and Section 8 (Hydrology and Water Quality) would reduce potential erosion problems. With completion of construction and replanting of vegetation, the potential erosion hazard on the project site would be minimal. It is not anticipated that the exposure of these soils will cause adverse impacts as the roadway portions of the project site are relatively flat and the stream areas will be extensively planted, with work to be conducted during the dry season. A Geotechnical Study Report was prepared for the project by RGH Consultants, Inc., dated September 27, 2007. Construction shall adhere to the recommended mitigations found within this Report. The report and recommendations are attached to this Initial Study (Attached Exhibit No. 7). City of Ukiah Gobbi SUOak Manor Drive/ Babcock lane Realignment October 12, 2007 12 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Mitigation Measures: 8. Native streambed material that is excavated shall be segregated and stockpiled on site for re- use in channel re-grading. The finished channel grade shall consist of streambed material of a similar gradation to the native streambed gradation. 9. Native topsoil that is excavated shall be segregated and stockpiled on site for re-use after rough grading is complete. 10. Unsuitable excavated material shall be removed from the site and disposed of in a manner consistent with applicable disposal regulations. 11. All recommendations contained in the RGH Consultants Geotechnical Study Report, dated September 27, 2007 shall be incorporated into the project and/or implemented during all phases of site preparation and construction as appropriate. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures referred to above, staff is able to conclude that the project, as mitigated, will not cause or substantially contribute to hydrological or water quality impacts. 7. HAZARDS 8 HAZARDOUS MATERIALS Less Tnan Potentially Significant Less Than No Signifcant Impact yyith Mitigation Significant Impact Impact Would the project• Incorporated a) Create a significant hazard to the public or the environment through the routine transport, use, or ^ ® ^ ^ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset ^ ® ^ ^ and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste ^ ® ^ ^ within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ^ ^ ^ result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ^ ^ ® ^ would the project result in a safety hazard for people residing or working in the project area? City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October 12, 2007 13 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 7. HAZARDS & HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Significant With Mitigation Significant Impact WOUId the project: Impact Incorporated Impact f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for ^ ^ ^ people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ^ ^ ® ^ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ^ ^ ^ urbanized areas or where residences are intermixed with wildlands? Discussion: Ukiah is generally regarded as a healthy City with relatively clean air and water. While there are some known toxic "spots" resulting from the past storage of hazardous materials underground, the City is not regarded as having a highly contaminated environment. Based on field review, and the review of contaminated site listings maintained by the City, it has been determined that the project site is in a clean and healthy state and not contaminated with toxic or hazardous materials that would present a significant health hazard for occupants or other persons on the site. An issue of concern is worker health and safety and public exposure to hazardous materials during construction. These hazards are typically related to construction-related fuel spills. The proposed project would not require long-term storage, treatment, disposal, or transport of significant quantities of hazardous materials. Only small quantities of petroleum hydrocarbons and their derivatives (e.g. gasoline, diesel fuels, oils, lubricants, and solvents) required to operate the construction equipment would be stored, used, and handled during project construction. These relatively small quantities associated with the construction are generally below reporting requirements for hazardous materials business plans. It is recommended that no more than 55 gallons of fuel be stored at the site at any given time. Implementation of the following measures would reduce potentially significant impacts to less than significant levels: a. Equipment fueling and service shall be conducted primarily at the City's existing corporation yard; b. Any spills resulting from fueling or hydraulic line breaks will be contained and cleaned up immediately; c. During construction activities, equipment shall be maintained and kept in good operating conditions to reduce the likelihood of line breaks and leakage; d. No refueling or servicing shall be done without absorbent materials (i.e. absorbent pads, mats, socks, pillows, and granules) or drip pans underneath to contain spilled materials; and e. If contaminated soils are encountered during construction, proper storage and/or disposal of any contaminated soils that meet the definition of a hazardous waste shall be provided, and that such soils are removed for off-site treatment or disposal at an appropriate landfill. City of Ukiah Gobbi St/Oak Manor Drive/ Babcock Lane Realignment October 72, 2007 14 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Airport-related Impacts: Due to the nature of the proposed project, airport/air traffic related impacts are not anticipated. No mitigation measures for airport-related impacts are required. Emergency Access: Staff from the Ukiah Fire Department and the Ukiah Police Department shall be notified of any road closures during construction in order that emergency access routes are kept open at all times. Mitigation Measures: 12. Staff from the Ukiah Fire Department and the Ukiah Police Department shall be notified of any road closures during construction in order that emergency access routes are kept open at ali times. 13. Storage of fuels on-site shall not exceed 55 gallons. 14. The Contractor's vehicle and equipment cleaning, maintenance, and fueling shall be staged and performed at the location designated by the City Public Works Director. The activities shall be performed in accordance with the construction best management practices specified in Bulletins NS-8, NS-9, and NS-10 of the Caltrans Storm Water Quality Construction Site BMP Manual. 15. Any spills resulting from fueling or hydraulic line breaks will be contained and cleaned up immediately. 16. During construction activities, equipment shall be maintained and kept in good operating conditions to reduce the likelihood of line breaks and leakage. 17. No refueling or servicing shall be done without absorbent materials (i.e. absorbent pads, mats, socks, pillows, and granules) or drip pans underneath to contain spilled materials. 18. If contaminated soils are encountered during construction, proper storage andlor disposal of any contaminated soils that meet the definition of a hazardous waste shall be provided, and that such soils are removed for off-site treatment or disposal at an appropriate landfill. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures referred to above, staff is able to conclude that the project, as mitigated, will not cause or substantially contribute to hazards or hazardous conditions on the site or the surrounding neighborhood. City of Ukiah Gobbi SUOak Manor Drive( Babcock Lane Realignment October t2, 2007 15 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 8. HYDROLOGY AND WATER QUALITY Less Tnan Potentially Significant Less Than No Significant yyith Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Violate any water quality standards or waste ^ ® ^ ^ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater ^ ^ ^ table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which ^ ® ^ ^ would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially ^ ® ^ ^ increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned ^ ® ^ ^ stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ^ ® ^ ^ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary ^ ® ^ ^ or Flood Insurance Rate Map or other flood hazard delineation map? (Source: FEMA) h) Place within a 100-year flood hazard area structures which would impede or redirect flood ^ ® ^ ^ flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ^ ^ ^ flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ^ ^ ^ City of Ukiah Gobbi SUOak Manor Drive/ Babcock Cane Realignment October 12, 2007 76 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Discussion: The proposed improvements include the replacement of the existing Gobbi Street bridge and the addition of a new bridge for Babcock Lane at the intersection with Gobbi Street and Oak Manor. The proposed realignment project is located within the Flood Emergency Management Agency (FEMA) flood zone of Gibson Creek. As a result, a hydraulic analysis was performed to determine if the proposed improvements would result in a significant rise in the 10-, 50-, and 100-year floodwater conveyance through the project reach based upon the FEMA provided flows. An analysis prepared by Winzler 8 Kelly (June 12, 2007) included a comparison of water surface elevations through the project reach under existing and proposed conditions to make this determination. For the purpose of this study, the project reach selected for modeling extends approximately 1,000 upstream and approximately 1,100 feet downstream from the Gobbi Street bridge crossing. A comparison of water surface elevation results between the effective and proposed HEC-RAS model was conducted. The results indicate that the proposed improvements will result in a no net rise in water surface elevation at the upper and lower cross-sections of the modeled reach for the 10-, 50-, and, 100- year flow events. The model results also yield an insignificant rise at cross-section 3168 under the 100-year flow condition and cross-section 3238 and 4276 under the 10-year flow event. The rise is considered insignificant because the water surface elevation of the cross-sections immediately up and down stream of the cross-sections stated above resulted in a net drop in water surface elevation relative to the effective model results. Furthermore, the difference in results is beyond the model tolerance and not within the range of HEC-RAS modeling accuracy. Based on the HEC-RAS modeling efforts and the results presented above, the proposed realignment improvements will have no significant impact on the base flood elevations through the project reach. The existing street improvements lie within the floodway of Gibson Creek and the lower points of the intersection flood frequently. The lands east of the project are within the floodplain of the Russian River. Pursuant to the information contained in the FEMA Flood Insurance Study revised in August 5, 1985, the flooding near and just south of the intersection is influenced by the flood water surface of the Russian River. The subject project is not considered to be a flood improvement project and betterment of the existing flood conditions within the intersection and within the lands lying east and south of the project will not be achieved in association with this effort. To accomplish the project objectives the work will include the construction of two bottomless box culverts, the re-channelization of Gibson Creek at the intersection, removal of three trees at the southeast corner of the intersection, the reconstruction of storm drain outlets into the creek, construction of a vegetative bio-swale at the southwest corner of the intersection, the placement of rock slope protection on the western bank of Gibson Creek between the new bottomless culverts and on the east bank of Gibson Creek at the outlet of the new downstream bottomless culvert, the construction of a temporary creek crossing or the temporary diversion of the creek, and the restoration of the creek disturbed by the construction. Based upon early consultation and input from responsible agencies, mitigation measures as recommended below wilt effectively reduce storm water related impacts to levels of insignificance. Erosion from the disturbed areas during site preparation activities, most notably grading, could cause adverse impacts to water quality if the exposed soil is not properly stabilized and storm water carries silt into Gibson Creek and into the Russian River. Mitigation measures have been included within this report to address this potential impact. City of Ukiah Gobbi SdOak Manor Drive/ Babcock Lane Realignment October 12, 2007 17 INITIAL STUDY MITIGATED NEGATIVE DECLARATION Water Quality Standards: Domestic water is not required for the subject project. Accordingly, it is not anticipated that this proposal would cause a violation of any water quality standard, or have an adverse impact on domestic water quality. Groundwater Suogly and Recharge: Most of the runoff water from the property vicinity presently enters Gibson Creek and flows to the Russian River. The proposed development will not significantly increase the impervious areas on the property, and will not significantly affect groundwater supply and/or recharge. Wastewater: The proposed development will not create wastewater, therefore no impacts are anticipated with respect to this issue. Agency Jurisdiction: The proposal involves permitting and review from the California Department of Fish & Game (DFG), the U.S. Army Corps of Engineers, and the State Regional Water Quality Control Board (RWQCB). Department of Fish 8 Game -The primary permitting program associated with this proposal is the Streambed Alteration Agreement (1603 Permit). This permit is required for any work that occurs in, on, over, or under a waterway, from the bed of a stream to the top of the bank, including work that diverts or obstructs the natural flow of water, changes the streambank or channel bottom, removes or uses material from the stream, or removes native or exotic vegetation from the riparian areas. U.S. Army Corps of Engineers- Section 404 of the Clean Water Act regulates the discharge of dredged, excavated, or fill material in wetlands, streams, rivers, and other U.S. waters. The U.S. Army Corps of Engineers is the federal agency authorized to issue Section 404 Permits for certain activities conducted in wetlands or other U.S. waters. California Regional Water Quality Control Board -Regional Water Quality Control Boards engage in a number of functions to improve water quality in their respective regions. One of the most important is preparing and periodically updating Basin Plans, which are water quality control plans. Regional Boards regulate all pollutant or nuisance discharges that may affect either surface water or groundwater. Individual projects may need to obtain the following permits from the Regional Water Quality Control Board: 401 Water Quality Certification, National Pollution Discharge Elimination System Permit, and compliance with local Total Maximum Daily Load program. Prior to any grading or other soil preparation work on the site, the City is required to secure all necessary permits from these agencies in conformance with adopted regulations. Mitigation Measures: 19. A Final Grading and Drainage Plan shall be prepared by the City Engineer prior to any ground disturbance on the site. This plan shall include the extent of grading and other modification to on-site soils and drainage patterns, including the methods and systems required to divert surface runoff from paved areas to the existing storm drain system. 20. No drainage is allowed to be routed over sidewalks. Storm drain inlets must be protected by a fossil fuel filtering device if required by the City Engineer. 21. During construction, Best Management Practices (BMPs), such as daily street sweeping and the placement of erosion control measures on-site, shall be adhered to in order to minimize erosion and water pollution. The City and/or contractor shall designate a primary contact City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October 12, 2007 18 INIrIAL STUDY/MITIGATED NEGATIVE DECLARATION person who shalt be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control facilities. 22. Surface drainage from uncovered areas of the site shall be routed into the Gibson Creek system through bio-swales, drainage inlets or other systems designed to prevent sheet flows over the top of the bank. Drainage systems that fall within the creek bed shall be screened with riparian vegetation or other species approved by the California Department of Fish and Game. 23. Prior to any grading or other soil preparation work on the site, the City shall be responsible for securing all necessary permits from the California Department of Fish & Game (DFG), the U.S. Army Corps of Engineers, and the State Regional Water Quality Control Board (RWQCB) in conformance with adopted regulations of said agencies. 24. Erosion and sediment control shall be consistent with the mitigation contained on page G-2 of the 40% Design Plans, dated May 17, 2007. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will ensure that hydrology and water quality impacts will be reduced to levels that are not significant. 9. LAND USE AND PLANNING Less Tn Potentially Significant Impact Would the project: a) Physically divide an established community? ^ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general ^ plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ^ plan or natural community conservation plan? an Significant Less Than No With Mitigation Significant Impact Incorporated Impact ^ ® ^ ^ ® ^ ^ ® ^ Discussion: The City of Ukiah is a compact urban environment, and functions as the County seat for Mendocino County. Commercial, residential and industrial land uses are planned for specific areas of the City as set forth in the 1995 Ukiah General Plan. Allowed/permitted land uses are defined via zoning districts as stipulated in the Ukiah Municipal Code. In this case, the project lies predominantly within existing public right-of-way. As mentioned in Section 4 (Biological Resources), the Gibson Creek Habitat Enhancement and Public Access Study (LSA Associates, Inc - 2000) makes reference to the subject section of Gibson Creek. Project mitigation included in Section 4 -Biological Resources of this report, shall be consistent with this study. City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October 12, 2007 19 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Water Quality Standards: Domestic water is not required for the subject project. Accordingly, it is not anticipated that this proposal would cause a violation of any water quality standard, or have an adverse impact on domestic water quality. Groundwater Supoly and Recharge: Most of the runoff water from the property vicinity presently enters Gibson Creek and flows to the Russian River. The proposed development will not significantly increase the impervious areas on the property, and will not significantly affect groundwater supply and/or recharge. Wastewater: The proposed development will not create wastewater, therefore no impacts are anticipated with respect to this issue. Agency Jurisdiction: The proposal involves permitting and review from the California Department of Fish & Game (DFG), the U.S. Army Corps of Engineers, and the State Regional Water Quality Control Board (RWQCB}. Department of Fish 8 Game -The primary permitting program associated with this proposal is the Streambed Alteration Agreement (1603 Permit). This permit is required for any work that occurs in, on, over, or under a waterway, from the bed of a stream to the top of the bank, including work that diverts or obstructs the natural flow of water, changes the streambank or channel bottom, removes or uses material from the stream, or removes native or exotic vegetation from the riparian areas. U.S. Army Corps of Engineers- Section 404 of the Clean Water Act regulates the discharge of dredged, excavated, or fill material in wetlands, streams, rivers, and other U.S. waters. The U.S. Army Corps of Engineers is the federal agency authorized to issue Section 404 Permits for certain activities conducted in wetlands or other U.S. waters. California Regional Water Quality Control Board -Regional Water Quality Control Boards engage in a number of functions to improve water quality in their respective regions. One of the most important is preparing and periodically updating Basin Plans, which are water quality control plans. Regional Boards regulate all pollutant or nuisance discharges that may affect either surface water or groundwater. Individual projects may need to obtain the following permits from the Regional Water Quality Control Board: 401 Water Quality Certification, National Pollution Discharge Elimination System Permit, and compliance with local Total Maximum Daily Load program. Prior to any grading or other soil preparation work on the site, the City is required to secure all necessary permits from these agencies in conformance with adopted regulations. Mitigation Measures: 19. A Final Grading and Drainage Plan shall be prepared by the City Engineer prior to any ground disturbance on the site. This plan shall include the extent of grading and other modification to on-site soils and drainage patterns, including the methods and systems required to divert surface runoff from paved areas to the existing storm drain system. 20. No drainage is allowed to be routed over sidewalks. Storm drain inlets must be protected by a fossil fuel filtering device if required by the City Engineer. 21. During construction, Best Management Practices (BMPs), such as daily street sweeping and the placement of erosion control measures on-site, shall be adhered to in order to minimize erosion and water pollution. The City and/or contractor shall designate a primary contact City of Ukiah Go66i SdOak Manor Drive! Babcock Lane Realignment October 12, 2007 18 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION 11. NOISE Less Than Potentially Less Than Significant Significant With Significant No Im act Mitigation Im act Impact Would the project result in: p Incorporated P a) Exposure of persons to or generation of noise levels in excess of standards established in the ^ ® ^ ^ local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ^ ® ^ ^ levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ^ ^ ® ^ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ^ ® ^ ^ levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ^ ^ ^ airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or ^ ^ ^ working in the project area to excessive noise levels? Discussion General Noise Exposures: Once complete, it is not anticipated that the proposed project will contribute to an increase in the current noise level in this vicinity. Upon project completion, vehicular traffic will be relocated closer to the two existing single family residences which are located adjacent to the east side of the existing creek channel. The edge of the proposed roadway will be approximately 20 feet from the existing residences based upon preliminary 40% design plans dated May 17, 2007. This setback is fairly typical of residence to street setbacks in many locations throughout the City. The project is not anticipated to increase traffic in this area. Construction Noise: The primary potential for increased noise levels associated with the proposed development will be related to construction noise, including noise from equipment such as trucks, backhoes, trenchers, and power tools. All construction-induced noise sources will be subject to Ukiah Municipal Code provisions that limit noise levels and times of occurrences. City of Ukiah Gobbi SdOak Manor Drive/ Babcock Lane Realignment October 12, 2007 21 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Several General Plan goals, policies, and implementation programs are relevant to this proposal: Goal OC 9. Conserve and enhance channels (or creeks and waters flowing through the Planning Area. Policy OC-9.2. Develop maintenance programs, ecosystem analysis, and hydrological studies for stream channels for creeks and waters through the Planning Area. Implementation Measure OC-9.2(i). The City shall develop and implement a review procedure with the California Department of Fish and Game which provides each local agency the opportunity to comment on all proposed Streambed Alteration Agreements in the Planning Area. The focus of this review shall be upon the protection and enhancement of stream and creek natural resources, including fish and riparian vegetation. Implementation Measure OC-9.2Q). The City Planning Department shall develop a review and comment procedure with the City Engineer and the Building Official which ensures that all public and private projects in or adjacent to a City stream or creek are designed and approved in a manner which preserves and enhances fish habitat, riparian vegetation, and the natural water course. Staff has determined that the proposal is substantially consistent with the above referenced goals, polices, and implementation programs. The project lies adjacent to land under Mendocino County jurisdiction. This initial study should be referred to the County for review and comment. The project will most likely require right-of-way acquisition to complete the planned improvements. This is discussed in more detail in the Traffic and Circulation section of this report. Mitigation Measures: None required. 10. MINERAL RESOURCES Less Than Potentially Significant With Less Than No Significanl Mitigation Significant Impact Impact Incor orated Impact Would the oroiect: p a) Result in the loss of availability of a known mineral resource that would be of value to the region and ^ ^ ^ the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site ^ ^ ^ delineated on a local general plan, specific plan or other land use plan? Discussion: The subject property is not in an area containing any known mineral resources and it is not anticipated that the roadway realignment project being proposed would cause impact to mineral resources. Mitigation Measures: None required. City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October 12, 2007 20 INITIAL $TUDl'I MITIGATED NEGATIVE DECLARATION 13. PUBLIC SERVICES Less Than Potentially Significant Less Than No Significant ydith Mitigation Significant Impact Impact Incorporated Impact Would the ro'ect result in: d) Parks? e) Other public facilities? ^ ^ ® ^ ^ ^ ® ^ Discussion: The City of Ukiah is a relatively small urbanized area with a full complement of public services that include police and fire protection, public schools, public works and utilities, and emergency services. The project will not result in impacts to municipal services and is not anticipated to impact area schools, nor will it place a demand on the City's parks or other public facilities. The proposed project will not result in the need for new or expanded electrical generation sources. The project would enhance police and fire protection by providing for an improved and safer transportation system in this area. Mitigation Measures: None required. 14. RECREATION Less Tnan Potentially Significant Less Than No Significant yyith Mitigation Significant Impact WOUId the project' Impact Incorporated Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such ~ ~ ® ~ that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ~ ~ ® ~ recreational facilities which might have an adverse physical effect on the environment? Discussion: The proposed roadway realignment will not generate a demand for parks and recreational facilities and its development is not expected to have an impact on existing parks and recreational facilities within the City of Ukiah or require the construction or expansion of recreational facilities that may have a physical effect on the environment. Mitigation Measures: None required. City of Ukiah Gobbi SdOak Manor Drive/ Babcock Lane Realignment October 12, 2007 23 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Mitigation Measures: 25. The hours of construction shall be limited to 7:00 A.M to 6:00 P.M. Monday through Friday, and 8:00 A.M. to 4:00 P.M. on Saturday, with no construction to occur on Sundays and holidays. Additional construction hours may be administratively approved by the City Director of Public Works/City Engineer due to emergency circumstances. 12. POPULATION AND HOUSING potentially Less Than Less Than Slgnificant Significant with Significant NO Mitigation Impact WOUId the project' Impact Incorporated Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, ^ ^ ® ^ through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ^ ^ ^ housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement ^ ^ ^ housing elsewhere? Discussion: The 2000 Census indicates that the population of Ukiah is 15,597 persons, with a slow and stable growth taking place over the past several years. The proposed roadway realignment project is not expected to adversely impact existing housing stocks or cause growth inducement of any kind. Mitigation Measures: None required. 13. PUBLIC SERVICES Less Than Potentially Significant Less Than No Significant with Mitigation Significant Impact Impact Incoryorated Impact Would the project result in• Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ^ ^ ® ^ b) Police protection? ^ ^ ® ^ c) Schools? ^ ^ ® ^ City of Ukiah Gobbi SbOak Manor Drive/ Babcock Lane Realignment October 12, 2007 zz INITIAL STUDY MITIGATED NEGATIVE DECLARATION Mitigation Measures: 26. Temporary lane closure traffic control shall be consistent with lane closure for low volume, two-lane roads pursuant to Calirans manual of traffic controls, current edition and shall be coordinated with the City's Engineering Division. Pedestrian access shall be maintained during construction if feasible. Public notification of temporary street closures shall be published in the local newspaper. Direct Neighborhood notification should also be accomplished. 27. Emergency ingress and egress access shall be maintained to the residences and business in the project vicinity at all times. 28. Bicycle lanes should be incorporated into the Gobbi Street roadway design if feasible. 29. Roadway improvements shall be made consistent with the 40% Design Plans dated May 17, 2007, as revised in the Final Design phase. 16. UTILITIES AND SERVICE SYSTEMS Less Than Potentially Significant Less Than No Significant with Mitigation Slgniflcant Impact Impact Incorporated Impact Would the protect a) Exceed wastewater treatment requirements of the ^ ^ ^ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ^ ^ ® ^ existing facilities, the construction of which could cause significant environmental effects? c} Require or result in the construction of new storm water drainage facilities or expansion of existing ^ ^ ® ^ facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and ^ ^ ® ^ resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the ^ ^ ® ^ project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ^ ^ ^ disposal needs? g) Comply with federal, state, and local statutes and ^ ^ ^ regulations related to solid waste? City of Ukiah Gobbi SUOak Manor Drive/ Babcock Cane Realignment October 12, 2007 25 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 15. TRANSPORTATION/TRAFFIC ould the project Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact _ a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ^ ^ ® ^ increase in either the number of vefiicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county ^ ^ ® ^ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ^ ^ ® ^ location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ^ ^ ® ^ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency acces s? ^ ^ ® ^ f) Result in inadequate parking capacity? ^ ^ ® ^ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus ^ ^ ^ turnouts, bicycle racks)? Discussion: The City has developed a 40% Design Plan dated May 17, 2007 associated with the proposed roadway realignment project. This initial study is based upon these preliminary plans. Roadway modifications are described in the "Project Description" section of this initial study. Right-of- way acquisition will be required east of the existing Gibson Creek channel and south of Gobbi Street. Based upon preliminary plans, the City will be required to work with adjacent property owners to acquire the necessary land. Standard right-of-way acquisition procedures shall be followed with respect to this task. This project is considered a roadway vehicular and pedestrian/bicycle improvement project. New sidewalks will allow for the removal of the existing modified flat car bridge placed over Gibson Creek north of Gobbi Street. Bike lanes should be incorporated into the roadway design if feasible. Roadway improvements shall be made consistent with the 40% Design Plans dated May 17, 2007, as revised in the Final Design phase. Substantial revisions are not anticipated at this time. tt is anticipated that temporary road closures will be required during construction. Temporary lane closure traffic control shall be consistent with lane closure for low volume, two-lane roads pursuant to Caltrans manual of traffic controls, current edition. Pedestrian access shall be maintained during construction if feasible. City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Rea/ignment October 12, 2007 24 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Discussion: Based on the review of the proposed project, site and surrounding areas, appropriate mitigation measures were identified in Sections 3 (Air Quality); 4 (Biological Resources); 5 (Cultural Resources); 6 (Geology/Soils); 7 (Hazards & Hazardous Materials); 8 (Hydrology/Water Quality); 11 (Noise); 15 (Transportation/Traffic); and 16 (Utilities and service Systems). However, implementation of the identified mitigation measures/standard conditions of project approval by the City of Ukiah and other pertinent agencies will result in no significant adverse environmental impacts. City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October i2, 2007 27 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Discussion: The project will not result in negative impacts to municipal water and sewer services due to the nature of the proposal. The 40% Design Plans show existing utilities based upon a visual above ground inspection. Prior to the commencement of grading or other ground disturbance, City staff shall confirm the presence and location of any under ground utilities which may exist in the project area. Mitigation Measures: 30. Prior to the commencement of grading or other ground disturbance, City staff shall confirm the presence and location of any under ground utilities which may exist in the project area. MITIGATION MONITORING AND REPORTING: AB 3180 requires all public agencies to adopt a monitoring and reporting program whenever they adopt an EIR or "Mitigated Negative Declaration." The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration requires project proponents to incorporate or comply with the important Mitigation Measures listed in Attached Exhibit No. 1 of this Initial Environmental Study and the table describing the monitoring program in Attached Exhibit No. 2. MANDATORY FINDINGS OF SIGNIFICANCE NOTE: If there are significant environmental impacts which cannot be mitigated and no feasible project alternatives are available, then complete the mandatory findings of significance and attach to this initial study as an appendix. This is the first step for starting the environmental impact report (EIR) process. Potentially Less Than Less Than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated Dpes the pr01@Ct: a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, ^ ^ ^ reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in ^ ^ ^ connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, ^ ^ ^ either directly or indirectly? City of Ukiah Gobbi SbOak Manor Drive/ Babcock lane Realignment October 12, 2007 26 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Attachment 1 Recommended Mitigation Measures Air Quality 1. Construction activities shall be conducted with adequate dust suppression methods, including watering during grading and construction activities to limit the generation of fugitive dust or other methods approved by the Mendocino County Air Quality Management District. Prior to initiating soil removing activities for construction purposes, the applicant shall pre-wet affected areas with at least 0.5 gallons of water per square yard of ground area to control dust. 2. The burning of construction debris is prohibited. Any disposal of vegetation removed as a result of lot clearing shall be lawfully disposed of, preferably by chipping and composting, or as authorized by the Mendocino County Air Quality Management District. 3. During construction activities, the applicant owner/contractor shall remove daily accumulation of mud and dirt on paved access lanes that serve the project site. 4. Any stationary on-site internal combustion engines over 50 horsepower (i.e. generators) may require a permit from the MCAQMD depending upon fuel source and level of operation. It is the responsibility of the City to contact the District regarding this matter. 5. All grading activities must comply with MCAQMD Regulation 1 Rule 430 regarding fugitive dust emissions. Biological Resources 6. Riparian trees and other vegetation plantings recommended in Figure 7 of the Gibson Creek Habitat Enhancement and Public Access Studv (Attached Exhibit No. 5) shall be included in the final design phase of the realignment project, but shall only be implemented if they are approved as part of a 1600 Stream Alteration Permit by the California Department of Fish and Game. Cultural Resources 7. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and City Planning Department staff shall be notified immediately of the discovery. The City shall be required to fund the hiring of a qualified professional archaeologist to perform afield reconnaissance and, if deemed necessary, to develop a precise mitigation program prior to the continuation of any site work. Geology and Soils 8. Native streambed material that is excavated shall be segregated and stockpiled on site for re- use in channel regarding. The finished channel grade shall consist of streambed material of a similar gradation to the native streambed gradation. 9. Native topsoil that is excavated shall be segregated and stockpiled on site for re-use after rough grading is complete. City of Ukiah Gobbi SdOak Manor Drive/ Babcock Lane Realignment October 12, 2007 29 INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION RESOURCES USED TO PREPARE THIS ANALYSIS 1. City of Ukiah General Plan, 1995 2. The Linkage Between Land Use Transportation and Air Quality, State Air Resources Board, 1993. 3. The Land Use -Air Quality Linkage How Land Use and Transportation Affect Air Quay, State Air Resources Board, 1997. 4. A Source of Air Quality Conditions Including Emissions Inventory Ozone Formation PM10 Generation. and Mitigation Measures for Mendocino County CA, Sonoma Technologies, Inc., November, 1998. 5. General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section, Michael W. Skenfield, and October, 1991 6. Soil Survey of Mendocino Countv Eastern Part and Trinity Countv Southwestern Part California, U.S. Department of Agriculture -Soil Conservation Service, January, 1991. 7. A History of the Salmonid Decline in the Russian River, Steiner Environmental Consulting, August, 1996 8. Gibson Creek Habitat Enhancement and Public Access Study, LSA Associates, September 2000. 9. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). 10. Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 199 11. City Air Photographs: 2000, and 2001 12. City of Ukiah Citywide Circulation Study Final Draft, Omni-means Engineers and Planners, November, 2006. 13. Hazardous Waste and Substance Sites List from California Department of Toxic Substances Control 14. Referral Comments from the following City staff and Agency representatives: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS 1. Recommended Mitigation Measures 2. Mitigation Monitoring Program 3. Location Map 4. Project Plans 5. Gibson Creek Habitat Enhancement and Public Access Study 6. Figure V.3-DD Ukiah General Plan Historic and Archaeological Resources Element 7. RGH Geotechnical Study Report, dated September 27, 2007 8. NS-8, NS-9, and NS-10 - CalTrans Storm Water Quality Handbook: Construction Site Best Management Practices Manual City of Ukiah Gobbi SdOak Manor Drive/ Babcock Lane Realignment October 12, 2007 28 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 23. Prior to any grading or other soil preparation work on the site, the City shall be responsible for securing all necessary permits from the California Department of Fish & Game (DFG), the U.S. Army Corps of Engineers, and the State Regional Water Quality Control Board (RWQCB) in conformance with adopted regulations of said agencies. 24. Erosion and sediment control shall be consistent with the mitigation contained on page G-2 of the 40% Design Plans, May 17, 2007. Noise 25. The hours of construction shall be limited to 7:00 A.M to 6:00 P.M. Monday through Friday, and 8:00 A.M. to 4:00 P.M. on Saturday, with no construction to occur on Sundays and holidays. Trans portation/Traffic 26. Temporary lane closure traffic control shall be consistent with lane closure for low volume, two-lane roads pursuant to Caltrans manual of traffic controls, current edition and shall be coordinated with the City's Engineering Division. Pedestrian access shall be maintained during construction if feasible. 27. Emergency ingress and egress access shalt be maintained to the residences and business in the project vicinity at all times. 28. Bicycle lanes should be incorporated into the Gobbi Street roadway design if feasible. 29. Roadway improvements shall be made consistent with the 40% Design Plans dated May 17, 2007, as revised in the Final Design phase. Utilities and Service Systems 30. Prior to the commencement of grading or other ground disturbance, City staff shall confirm the presence and location of any under ground utilities which may exist in the project area. City of Ukiah Gobbi SbOak Manor Drive/ Babcock Lane Realignment October 12, 2007 31 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION 10. Unsuitable excavated material shall be removed from the site and disposed of in a manner consistent with applicable disposal regulations. 11. All recommendations contained in the RGH Consultants Geotechnical Study Report, dated September 27, 2007 shall be incorporated into the project andlor implemented during all phases of site preparation and construction as appropriate. Hazards and Hazardous Materials 12. Staff from the Ukiah Fire Department and the Ukiah Police Department shall be notified of any road closures during construction in order that emergency access routes are kept open at all times. 13. Storage of fuels on-site shall not exceed 55 gallons. 14. The Contractor's vehicle and equipment cleaning, maintenance, and fueling shall be staged and performed at the location designated by the City Public Works Director. The activities shall be performed in accordance with the construction best management practices specified in Bulletins NS-8, NS-9, and NS-10 of the Caltrans Storm Water Quality Construction Site BMP Manual. 15. Any spills resulting from fueling or hydraulic line breaks will be contained and cleaned up immediately. 16. During construction activities, equipment shall be maintained and kept in good operating conditions to reduce the likelihood of line breaks and leakage. 17. No refueling or servicing shall be done without absorbent materials (i.e. absorbent pads, mats, socks, pillows, and granules) or drip pans underneath to contain spilled materials. 18. If contaminated soils are encountered during construction, proper storage and/or disposal of any contaminated soils that meet the definition of a hazardous waste shall be provided, and that such soils are removed for off-site treatment or disposal at an appropriate landfill. Hvdroloov and Water Quality 19. A Final Grading and Drainage Plan shall be prepared by the City Engineer prior to any ground disturbance on the site. This plan shall include the extent of grading and other modification to on-site soils and drainage patterns, including the methods and systems required to divert surface runoff from paved areas to the existing storm drain system. 20. No drainage is allowed to be routed over sidewalks. Storm drain inlets must be protected by a fossil fuel filtering device if required by the City Engineer. 21. During construction, Best Management Practices (BMPs), such as daily street sweeping and the placement of erosion control measures on-site, shall be adhered to in order to minimize erosion and water pollution. The City and/or contractor shall designate a primary contact person who shall be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control facilities. 22. Surface drainage from uncovered areas of the site shall be routed into the Gibson Creek system through drainage inlets or other systems designed to prevent sheet flows over the top of the bank. Drainage systems that fall within the creek bed shall be screened with riparian vegetation or other species approved by the California Department of Fish and Game. lily of Ukiah Gobbi SdOak Manor Drive/ Babcock Lane Realignment October 12, 2007 30 Attachment # 3 Gobbi Street at Oak Manor Drive / Babcock Lane 1 inch equals 100 feet INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Attachment 2 Mitigation Monitoring Program MITIGATION MONITORING HOW AND VERIFICATION FUNDING MEASURES RESPONSIBILITY WHEN RESPONSIBILITY Air Quality City of Ukiah and During all Planning and City of Ukiah Measures 1-5 Sub-Contractors phases of Public Works construction Staff Biological City of Ukiah and Final Design Planning and City of Ukiah Measure 6 Sub-Contractors Plans and Public Works staff landscaping on site Cultural Resources City of Ukiah and During all Planning and City of Ukiah Measure 7 Sub-Contractors phases of Public Works staff construction Geology and Soils City of Ukiah and During all Public Works staff City of Ukiah Measures Sub-Contractors phases of 8-11 construction Hazards and City of Ukiah and During all Public Works staff City of Ukiah Hazardous Materials Sub-Contractors phases of Measures 12-18 construction Hydrology and Water City of Ukiah and Prior to grading Planning and City of Ukiah Quality Measures 19- Sub-Contractors or any site Public Works 24 disturbance and Staff during all phases of construction Noise Measure 25 City of Ukiah and During all Public Works staff City of Ukiah Sub-Contractors phases of construction Transportation/Traffic City of Ukiah and During Planning and City of Ukiah Measures 26-29 Sub-Contractors completion of Public Works staff Final Design Plans and during all phases of construction Utilities and Service City of Ukiah and Prior to grading Public Works City of Ukiah Systems Measure 30 Sub-Contractors or any site Staff disturbance City of Ukiah Gobbi SUOak Manor Drive/ Babcock Lane Realignment October 12, 2007 32 .ev,u i .`~°_~~ ,_.. ,...~ - j ~ SN011VI~3of ~a s3~~ ~ ~, ~ ~ a \~ ~ h LL 3SN31 NI 3N 1- n3 0. ,.~ ~ ~ ~ 1d3if15 i8©00 d ~" 2Y :i 3 4 S J o.= ~_~.. _~~ ~. _.. rrr ,~ ... ~, -' , z 7 L FK _ ^ ~ a s y , a~ 3 S `' ~ ~ - C c 3 ~ K ~._-~ -. 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N ~. ~ -- I I wOr-`o ~ i I ~aa w I I } N a ~~ n o~ z Q _ ma 3 ~ ~ ~i ~ ~~~ - i r i ~~ ~ _ ', ! v~ r~ ~ 1 ~\ ~ F ~~ _~ i~ I ~~ Sj i i o I IX ft, u_ w ±~ ~, ~, Q ~ ~~ ~.~ a ~ ~~ ?~ roq - /i ~~ 1 ~- ' ` J ~ r=.~ 1 ~~'~~ _ i r ~~ i ~ ~. s ~~ ___~ ~ __ ~~~ ~` ,. ~~ -- ~~~ as v ~ °, \= y ~~~ `r m, ~N~~., _iL. ~._. r ~` J ' c. `~~ i. ~~ I~ 0 Z Y Q O b Z J Y U 'y. O U= m m rq 2 O H U y h h O U ~. 3 Attachment # ~ n~~ GIBSON CREEK HABITAT ENI~ANCEMENT AND PUBLIC ACCESS STUDY Submitted to the CITY OF UKIAH Prepared y LSA ASSOCIATES, INC. SE PTEMHER 2000 -LSA GIBSON CREEK HABITAT ENHANCEMENT AND PUBLIC ACCESS STUDY Submitted to the CITY OF UKIAH r.epa.ed y LSA ASSOCIATES. INC. SFPT F.MBE:R '2000 LSA Gibson Creek Habitat Enhancement and Pu61ic Access Studv TABLE OF CONTENTS A. INTRODUCTION B. GIBBON CREEK SECTIONS 1 1. Combined Creeks 2 2. Babcock Lane Ditch 2 3. Oak Manor Park and School Z 4. Shopping/Office Area 4 5. Residential Orchard Avenue to Leslie Street 4 6. Historic Train Depot Area q 7. Downtown Area 5 8. Historic Residential District 5 9. Rural Residential Area 5 10. Natural Watershed 6 C. CREEK SEGMENTS: OPPORTUNITIES AND CONSTRAINTS 6 I . Combined Creeks 6 2. Babcock Lane Ditch g 3. Oak Manor Park and School 1 1 4. Shopping/Office Area 14 5. Residential Orchard Avenue to Leslie Street 14 6. Historic Train Depot Area 16 7. Downtown Area 16 8. Historic Residential District 27 9. Rural Residential Area Z7 10. Natural Watershed 27 D. GENERAL RECOMMENDATIONS 30 E. POTENTIAL FUNDING SOURCES 31 F. STUDY PARTICIPANTS 33 r ~uvmmToc .m tsrzaom ~ v. ~.,~~~ !nir. Luc cu x n truek !in~ar: nri-wt~~~~ct+~e~r SFI'l !..UBFR _OUO ;~A ~ PL!?:K ACCh~ti SR'C1' LIST OF P[G['RES 1. Historic Creek Sections 3 2. Project Location Map ~ 3. Creek Sections -Babcock Lane 9 4. Gibson/Creeks East of Freeway 10 5. Oak Manor Park Sections 12 6. Improvements for Oak Manor Park Site Plan ~ 3 i. Gobbi/Oak Manor Bridge Improvements 15 8. Creek Sections -Residential Area 17 9. Site Plan for Future Transit Center/RR Depot 1 g 10. Existing Plan -Mason Street at Smith Street Zp ] I. Sections -Mason Street at Smith Street 21 12. Proposed Plan -Mason Street at Smith Street 22 13. Creek Sections at Main Street 23 14. Sections -Main Street at State Sireet Zq 15. Proposed Section -Typical Parking West of State Street 25 16. Proposed Park Plan at State Sheet 26 17. Typical Bridge Fish Barriers Zg 18. Residential Bank Protection 29 APPENDIX 1. East Gobbi Street Realignment Plan A 1 2. Photo Set 1: Combined Creeks q2 3. Photo Set Z: Babcock Lane Ditch A3 4. Photo Set 3: Oak Manor Park A4 5. Photo Set 4: Shopping/Office Area AS 6. Photo Set 5: Orchard Avenue to Leslie Street A6 7. Photo Set 6: Historic Train Depot Ag 9. Photo Set S: Downtown/State Street A9 10. Photo Set 8a : Coffee Critic Parking A10 1 I. Photo Set 9: Residential Reach Al I ] 2. Photo Set ] 0 : Upper Reaches A 12 P ~V KIO:O~TOC w~ l9/I )/00J Gibson Creek Habitat Enhancement and Public Access Study A. Introduction The City of Ukiah is creating a "Creeks Master Plan" to implement Policy OC-9.1 of the 1Jkiah General Plan. The Creeks Master Plan is intended to focus on the restora- tion of the creeks that pass through the City and empty into the Russian River. The policy calls for individual creek studies focusing on habitat enhancement, flood control, and public access. In the fall of 1999, the City Council approved the Orrs Creek Habitat Enhancement and Flood Control Study, the Frst in a series of creek studies that will lead to the Creeks Master Plan. The following study of Gibson Creek represents the second phase of the Creeks Master Plan program, and offers a unique and challenging strategy for reclaiming the creek as it travels through the urban core of the city. The City has included a number of key participants in the creek shady projects. These participants include Bob Coey of the Department of Fish and Game; Diane Chocolak of the Mendocino County Water Agency; Bill Randolph of the Ukiah Valley Streams Coalition; and Joe Scriven of the Mendocino Fisheries Program. All of these participants, as well as other interested stakeholders, are working together on a variety of projects focusing on improving the health of the local creeks. B. Gibson Creek Segments Gibson Creek begins in the mountain ranges west of the City of iJkiah and flows through the city into the Russian River. As the city developed, different strategies and techniques were employed to control the creek. In some areas, the creek was allowed to follow its natural route, while in other areas the creek was confined by culverts, retaining walls, and earthen berms. It has been straightened and rerouted to facilitate agriculture and urban development. The current condition of the creek varies along its length. Restoration efforts will need to address these different conditions. To better address these varying conditions, Gibson Creek can he divided Y'VKIO]O~QcakEO[Plan wpl (9131/pp) LJd F S~ X i n rL'S. INC. ShJ'TFMRf_R 1000 GIR~ON CR[Eri HAHi LET I1N ~{.~C('E~16~T .A~'U RURlli ACCESS STCD} into ten segments with distinct problems and characteristics. These segments, beginning with the confluence of the creek with the Russian River, are discussed below (see Figure 1): Combined Creeks. In this '/a-mile segment, Gibson. Doolan, and Mendocino Creeks combine and flow adjacent to an orchard and a service road into the Russian River. The creek channel is about 12 to IS feet across in this section, with fairly steep banks and gravel in the bed. The channel banks are steep and eroded in this section. Riprap made from broken concrete and asphalt, as well as vertical concrete walls, have been installed on the banks to control erosion. Riparian vegetation provides shade along this creek segment (See Appendix, Photo Set 1) Babcock Lane Ditch. This segment of the creek extends for about'/< mile parallel to Babcock Lane with orchards adjacent to the east. A few houses and commercial uses exist near the Gobbi Street/Babcock Lane intersection. The creek channel is very straight, about 10 to ]2 feet across, with steep banks and a flat bottom. In this segment, the creek serves as a seasonal drainage ditch. Several bridges cross the creek in this segment. The west bank, adjacent to the roadway, is grass-lined and eroding. The east bank has several clusters of mature oaks and Italian cypress at the fence line, with brush and black berries growing on the steep bank. The driveway crossings utilize culverts that have typically suffered erosion at both ends. (See Appendix, Photo Set 2) 3. Oak Manor Park and School. This'/a-mile segment of creek is located east of Highway ] Ol. Adjacent land uses to the east include Oak Manor Park and School--with parking play equipment, and a 4-foot-high berm that provides flood protection and also obstructs views of the creek from park users. The Oak Manor Mobile Home Park is the main land use west of the creek. It is separated from the creek by a berm, a 6-foot screened cyclone fence around the trailer storage areas, and a 6-foot-high three-strand barbed wire cyclone fence at the occupied mobile homes. The mobile homes are only lightly screened by the berm and are clearly visible from the park and creek banks. The Oak Manor School has a 6-foot cyclone fence separating the creek from turf playing fields. This segment of the creek is meandering, and has a modified pool and riffle form. The creek is very accessible from the park and provides an amenity during winter/spring months. The creek gradient is relatively flat, but several pools and riffles are present. The existing banks are covered with grasses and blackberries, mainly on the western side, and large native oaks. (See Appendix, Photo Set 3) P ~UKIO]O1Ce[[kEncYlan v ptl ~9/Il/pp) :..~--_ ~~, ti---. i :. .-~ ~ , ~ ~~ .R. ~~~. ~ ~.,... i~~ ,~~ ~ ,`, ~~ ~ ',~ ~~~ r-,~~ I Y. , _ ~ it+/t~f , ._ D S to n1 ~ ,' ~ - .~ ~h (v2~DI~NT ~~~ ~5'r !TAPjI~ ~ ~~DKOG{~c, (O~-~UEl' i' ~o ~ p~/1~5 v^. S~cT to ~ - ~AT~~ t_ ~ Pf%~t2 C12E~~ I"=~a' ,~ ,~ ~, ~~ ~,-~~ ~ ~~ ~ ~` ,~.~ ~'NRT~~Oh~ ~, ; U~IDC F~C~r'LA 4 S~GTi orJ - ~~-, ~~r~ ~ ~,ay ~r2 ~r~~~ I~~_ ~~~ ~~ ~~~~G G~~~~ 5~ i 6C'7~~~ ~ vw~µ- ~~P~soN ~~~ l.5 !~ i 9 ~ i _-- ~i ~: ~~/ ?'~- ,, ~,~, , -'r ~~~v~uwS\~~ , \~J j' . ;~/~ ~, ~~ Ali ,. \ ~~~` ~~ ~~~ TK-~ I ~S S'~~'i ~AnfKS Pt~~ `r"n~~ ~~rJ' tiq'w~~ u:~F a ~~ ~~% P~ ~S ~ U~1 ~uZ~u~ c I-EAr..4J~L.. ~~ou e sT~N~'-G'( RU~~ TI'~d-`S ~ ~ f t V f ~ ~ ~ ~' r, \', p~giDd~ C.µA~~~~ ; sH~-J65/ JVNC CEO ~~/5 Figure 1 Historic Creek Sections . <q ASSOCIAI ti5, INC GIiSSON CRH PR HABIT AT LN 119h CLp1FSl SL'Pl r:~3EH 2OQ0 A:~D VLBLIC 4('C6,S$ STGDI' 4. Shopnink/Office Area. This'/a-mile segment extends from Highway 101 to Orchard Avenue. Adjacent land use includes a shopping center with an asphalt parking lot set back from Orchard Avenue bordering the northern bank of the creek. Low-rise office buildings arc located on Kings Court and back onto the creek. An open field is adjacent to the south bank for about half [he length of this segment. A 6-foot cyclone fence is located at the top of the bank on both sides of the creek, with a paved pedestrian/bikepsth on the south side and a parking lot on the north side. A pedestrian bridge, linking the pedestrian bike path with office and shopping uses, crosses the creek midway between Orchard Avenue and the freeway. A continuous 8- to 10- foot asphalt path follows the creek from Orchard Avenue to the freeway, where an overhead pedestrian ramp links the area to Oak Manor School. The creek channel in this segment has steep banks and dense vegetation. Abroad band of brush, blackberries, and occasional large oaks occupy the top of both creek banks adjacent to the cyclone fence. (See Appendix, Photo Set 4) Residential Orchard Avenue to Leslie Street. t'his'/e-mile section of the creek flows through a single family residential subdivision built in the 1950s- 1960s. In this section, the creek flows through a narrow channel with con- crete block walls topped by 6-foot wooden or 4-foot cyclone fences. The concrete bottom of the creek has a v-shaped low-water channel which is filled with gravel. The creek has deposited sediment in the now-flat bottom of this artificial bed, and is beginning to form gentle meanders through the sediment. In this section, Gibson Creek functions as a storm drainage facility, with minimal riparian habitat or natural aquatic character. The creek bottom at [his location is approximately 1 to 2 feet below the road crossings a[ Orchard Avenue and Leslie Street. A smooth concrete apron slopes down several feet from the foot of the culvert to the creek bottom; it is impassible for fish at low flows. (See Appendix, Photo Sel 5) Historic Train Deoot Area. This'/e-mile segment of the creek extends from Leslie Street to Perkins Street, where the creek exits from an underground culvert. Currently, the land uses adjacent to the creek in this section include [he old train depot and open fields. Gibson Creek runs through a double box culvert for about 400 feet, from the Mason Street/Perkins Street intersection to the northeast side of the rail spur, where it opens into a broad, flat gravel plain. The creek is 15 to 20 feet wide with broad meanders and some gravel bars and vertically cut banks. There is some limited vegetation at Leslie Street including a redwood and three riparian trees. The adjacent grass- covered fields are open and flat. (See Appendix, Photo Set 6) v wx~mmo.~xe~arn~ vpn (vt+woq :54 >~1~~ '~.I IIS. IS('. Sti PTf_'~1a CR'_GGO G:H R1y Clt@EF: tl ABIl l E!~'I'.AAC'F:11I `a A1:D PCHI IC A(a'E~i SI CDY DowntoNm Area. The creek flows through the Downtown area for about'/a mile. In most of the downtown area, the creek flows through a concrete underground cuh~ert. The creek flows above ground in two limited areas: for about 300 feet adjacent to Mason Street behveen Perkins and Standley Streets, and for the two block segment between Main and Oak Sireets. These sections of the creek have a natural appearance, with willow trees and other vegetation growing along the banks. The creek is buried through the rest of the commercial area with numerous road crossings, parking lots, and older buildings in marginal uses occupying the land over the creek. In the parking lot there are fenced cut-out areas that allow access to the creek for main- tenance and debris removal. Adjacent land uses include retail shops and offices, civic uses, parking, and storage buildings. Beyond Standley Sneet, the creek flows under a parking lot and some buildings. Above Main Street. the creek is aboveground except at road crossings and in one small section just below State Street The banks are held back by wooden retaining walls that are in poor condition. Above State Street, the banks are of concrete blocks on the north and stone on the south. (See Appendix, Yhoto Sets 7, 8, and 8a) Historic Residential District. The'/s mile section of Gibson Creek that flows through the historic residential district from Oak Street to Bames Street has a steeper gradient than the previous sections. At each street crossing, the creek flows through a concrete culvert. Adjacent land uses in this area are residential, with limited office uses. In the lower portion of this segment, 3- to 4-foot wooden retaining walls have been built into the banks of some properties. Other properties have 4-foot concrete block walls. In the upper portion, the creek follows a gentle meandering path with pools and riffles. Mature trees and vegetation provide shade for aquatic habitat. Many of iJkiah~s historic homes are located adjacent to this stretch of Gibson Creek. These houses have large yards which abut the creek, and many of the yards have areas of natural riparian vegetation on stepped terraces buffering the creek. (See Appendix, Photo Set 9) 9. Rural Residential Area. The '/z-mile section of Gibson Creek that lies above Bames Street has a steeper gradient than previous sections. The adjacent land uses here are large lot single-family residential. Many of the houses in this section use the creek as a garden feature. Dense natural and planted riparian vegetation includes layers of redwood, bay, oak, maple, willow, with dense underbrush. The banks of the creek have been armored with large precast concrete blocks, forming walls 4 to 6 feet high in several limited areas. The V `VKIO]OiGeckLncPlai~+y! (9l1]/W] LS,n A 55v I, L1TLS. IhC G IBtiOti CRL[K HABITAT FN HANCG~1E~ r Se CTI:p4PFR'G00 A V D PC6llC ACCESS STUDY creek meanders naturally through this section, with a series of deep pools and riffles. Deer trails follow the creek banks. 10. Nahval Watershed. This upstream segment of the creek is undisturbed and flows freely in its natural channel from the source in the mountains above to«m. It has awell-defined upstream pool and riffle form, with a fairly steep gradient. "the creek is lined with redwoods, alders, maples, and oaks in a series of benches. The canopy provides continuous shade, with duff and groundcovers covering the steep banks. The land adjacent to the creek is unimproved private property which is fenced and posted. (See .Appendix, Photo Set l0) C. Creek Segments: Constraints and Opportunities This section outlines the existing constraints and opportunities for improvement present at each of the creek segments described in Section B, above. Combined Creeks a. Constraints. Limited minor pools and few deep channel segments exist in this area, leaving little available riparian habitat. While the aesthetic quality of this reach is good, the area serves as a drainage ditch for adjacent orchards, which also raises issues associated with chemical run-off from fertilizers used in the orchards. b. Ovportunities. The goal of creek enhancement activities in this reach is to improve fish passage from the Russian River and to increase spawning habitat within Gibson Creek. Public access to the creekside should be increased, particularly at the confluence near Riverside Park. The flood capacity of the creek could be increased by developing more natural banks and a wider channel that would allow the creek to meander more naturally. This would also improve fish habitat by decreasing the velocity of the water flowing through this reach and by allowing the creek to form deep pools and riffles (see Figure 2). Restoration of this segment of the creek should have a very high priority because it is the first reach above the Russian River and critical for fish access for all three adjacent creeks. Recommendations for improvement include removing concrete rubble; widening the channel; creating pools and riffles; removing fine-grained material; adding more riparian plantings; and adding gravel. A wider creek zone would allow for more gently sloping creek banks and improved habitat. Additional riparian planting and more pools with spawning gravel would provide shaded aquatic habitat. P \UKIO)0\Gee4EncPlln v.pl lA~$)/00) ii - J - - - - - - - 9- J G ° - _ r '! ~ < < ~ ~ , ~ < -~ _ ~ ~ ~ / ~ _ i G y ~ ~ ~ _ ~ = I Y ~ c` O _ = ! _ ° r' i ~ Y = ° _ 3 c 1 ^ 8 ~ g ~ J ~' = E 3 _ = c -~ P V ~ v s 5~ G .~ ^~ o 5 ~ ~ N n R ~ b r CO P ~l~~i " v .I ~ ~ ~~ ~~~~~ C.I` ~~~ , E f :.~~~.~ ~a N ~i d •~ ] 1 _m ~ LL C i G V oil v N O ~ I t r-. z i w U Q I za ~, z `~ w "' w f~- U ~ n~ ~ ~ ~ J x~ ~m w ~ w n. x ~- z it z~ 0 c~ LWII _ .~ Hrivn i - - ?\ - -~ ~ - o ~ ~ ~ I 3 ~ o i ~ i { ~a t j I w~ g g ~ a t ~ l s j ! Oa~a®..3 , g 4: W .] _a I I V ~ V t ~ , 0 2 a ~ ~ ~ ~ ' ~ S y ~ 3 ~ ~ - ~ '~ ~ ~ 0 1 III II I I n 1 ~ ~_ LsT assocl,ares, Inc S F.Pl F1d!1C.k 2nd0 2. Babcock Lane Ditch G4i iOn CNPEK 11'AP1TAT Eh"HANCEd 6n7 .4\U I'i'H:.IC A(_ ~ E55 it lD1' a. Constraints. The creek along this stretch acts as a drainage ditch, and has very low fish and wildlife habitat value. Several narrow concrete and metal culverts constrict the creek and may be barriers to fish at low water. The channel is very narrow and requires clearing to maintain flood flow capacity. There is high flood potential at the culverts, where the narrow span and low gradient increase the potential for blockage by debris at high flows. The reduced velocities in the flatter sections of the creek increase gravel deposition at these points. In this section the roadway is located above and directly adjacent to the creek; urban runoff is able to flow directly into the creek. The roadway also provides poor pedestrian and bicycle access to the creek as it consists of tvvo narrow lanes with 24-inch gravel shoulders. b. Opportunities. Widening the riparian zone along the creek banks would improve habitat, increase flood control, and provide safer creek access. Tree planting along Babcock Lane would shade the creek and help stabilize the banks. The existing culverts across the creek need improvement to improve flow and reduce the potential for fish barriers problems. A class II bike lane along the roadway would improve bicycle and pedestrian access to the creek (see Figure 3). (]) Altemative Creek Reali¢nment to Gobbi Street Riverside Park. The current creek's straight alignment does not promote the formation of pool and riffle features, and therefore generally provides poor habitat value. Relocating the creek in a creek easement separating the orchards and the housing south of East Gobbi Sheet would provide an alternative route for Gibson Creek. While this altemative would not be feasible without the commitment and cooperation of various property owners, it does merit discussion. This altemative would allow for the construction of a naturalized creek channel to follow either the historical alignment of Gibson Creek through the orchards or a wider modified route with stepped terraces and a natural meandering channel lined with riparian trees and other vegetation. An adjacent 8- foot-wide, paved bike/pedestrian path would provide access to the proposed Gobbi Street Riverside Park, with its playing fields and river access. Gibson Creek could provide water for the proposed wetlands in the new park. The current ditch at Babcock Lane could be maintained as a minor agricultural Swale (see Figure 4). (2) Babcock Lane Reali rF>' n'~ent. The City has completed a preliminary design for a project to realign Babcock Lane to form afour-way stop with Gobbi Street and Oak Manor Drive (see Appendix, page Al). As part of this project, the box culvert crossing at Gobbi Street would be lengthened and acut-off wall would be added at the foot of the culvert to preclude down-cutting. V ~11KI0J~'.G<etEncPlan uTq f9I3)/W) ~~ _ ti~_ •_ ~ ~~, I~ t ~% ~~F` i ______ _ ~Cr: ~J' w / /~ f ~ rr~~1 i r.~- ~ ray./ ~ ~ OI~..C.if'i'T'~~~X f ~V ~ Vy / < r - ~~I I'lV IIV~ OK..SIf~ME. (~I~jSanl U~:t=~. I 2a I_ 24-~t P~f1 Y~cock ~rJE ~~I~81 ~ c T ~ a IJ - CX f s T ~ N ~ ~ ~i/nyc ~~ ~. ~ nr~ ~, ,~~~~~~j °, ~ ~',~~ W ~ u,o~u5 ~, ~, ~ c ~ ~ ~ ~ 's~d~ ~'; I ; o,2cl~i}~v'~S ~ T~ ~ 5 tzE17J~B ~ I~uJ Ft.ovJ ~ ~2aS io-J ~, ~-~~, f~/t"b ~ T1L.t1=S U N \\ war s~nr l~ /.~~ ,~ ~.'•~_ i ,;; ~I i Sto ~1 ~ i' ~~ _ ~,~ ~~ ~co ol~ 1.~4n~~ S ~C ~" ID ~ - P-CO PoS ~~ G r7A~~oc r~ ~tiJE ~~i~~I - _ --- ~~~~ i~ S~CTIO ~S _C~~~~GOGj~ ~ IJILIAht ' (117SOr~ ~2~~~ ~ SPA JUNE -,00 ~~ Figure 3 Creek Sections -Babcock Lane ,~ _ __ ,,,~, ti~~~=~ ~.•-. ~ l ~ ~~_ ~~~ ~ ~~i h i ~ ~ ~ ='~ -~ f L- I~ ~_;, ~, ~o r~ . ~~ ~~ ~~ j~ ~-~_ - -__~ i o _~ ;- i. ~~ I~ ~ y~ ~ i ~ o -~ ? ~' ~`'~ o. a v _~ ~~,~ ~ ~ 1~ i~ JJ r .r, ~,. J~~~~~~ ,\ i ~~ ~~ ~~ ~ ~~~~~ ~ I Pr~rft N ~~~~ ~ ~A-~ j k.+`~'~.~ Pj U ~- (~~jP~ I sr ~~~~~~ ~~ /~i~-- _ SEE ~ ~ N ~ r CRt~}~" \ ,,~"~~ ~~. IIiP ~p~uC-~c.s ~o,.J ~' w~K~, '~ ~.w rr~ N e, j ,~~,~ ~~_ ~ 1L v~ l~ i c ~ ;. ~~~ ~ ~. .r ';' lip ~~ '~ o r, ~-. ~r~ o~ r~~~ ~ i o~ ~~c~v~l~Y 61 ~Sar~ ~'~ ~OUI~A/~l lj~~ WIGnJ~7GC«VO VC~O ~ ,~ cJf~I~ft' 61P~SO--1 ~~~ L.Sg ~~"~ 00 1 ~2 `~ Figure 4 Gibson/Creeks Eost of Freeway L14 AS~I C IA-i [S. ISC. SrP IEhf NFA2 ] J00 Oak Manor Park and School (116~~~ CkEEK 41 tH;TaT PV H~NQdii:]T 4 ~ D PI,B JC A('CESS Sn-DY a. Constraints. In this area the creek channel is relatively narrow with levees or berms on both banks. However, since the channel is shallow and accommodates only low to moderate flows, during high flows creek water flows into Oak Manor Drive and other low lying streets causing flooding. Houses in the area have been built on elevated pads to minimize flood damage. The mobile homes are situated at lower elevations and during high water events, local stone drains overflow and cause }boding in the trailer park. A section of the creek bank adjacent to the mobile homes is eroding as the creek gently meanders, undercutting large oaks and the channel banks. The mature oak trees do not provide enough vegetative cover for animals or for the protection of fish during low water flows. The mature oaks occasionally drop limbs on adjacent trailers. City maintenance may require drastic pruning of oak trees or remove of the trees to prevent damage from falling tree limbs. No under story of smaller oaks or other riparian trees is present. If the large oaks die or are removed, the banks will be bare. A narrow, unpaved path is situated along the eastern levee, adjacent to the park. This path is too narrow for bike use and is difficult for winter walking. Where Gibson Creek crosses under Gobbi Street, the creek flows through a concrete box culvert. There is no developed pedestrian walkway near this portion of the creek. Where the channel widens beyond the culvert, a gravel bar has formed. As the creek deposits additional gravel at this point, the culvert can clog and cause flood waters to spill onto adjacent roads. b. Onoortunities. This portion of Gibson Creek is within the 100-year flood zone and is highly visible from public viewpoints. Consequently, improvements in this portion of the creek should have a high priority. Oak Manor Park provides an ideal demonstration site for a creek restoration project, with easy public access along the shoreline and high visibility to adjacent neighbors. A wider creek corridor can be created on the east bank by excavating the turf area. This would create a broader more natural series of flood terraces. Only minor relocation of play structures would be needed to improve the creek corridor in this area (see Figures 5 and 6). As noted above, a City project to realign Babcock Lane to form afour-way stop with Gobbi Street and Oak Manor Drive is currently in the planning stages. This project would increase the length of the box culvert and install acut-off wall below the culvert to prevent down-cutting at this point. The culvert should be sized to the r ~ur~mo~ao~ke~~Pi,o.ye rwnioot 1 1 ~ / p~f- ~~ ~ r~ ~- ~~~.~% p~~~, ftiF,~n ~ t •. ;~ +: i ~,., Y :. ~~ ~ ~,~ f' ; !`, f. R h~~~ ~!~ _, S I-~A ~w i2-~S' cA~YJ G/9"V i1 G l ~J ~..c ~'. _~ ~,r,2m r~~~ e~ `~-J1~ C~Diulo G Ktl'~~e~s S~GTIO 1..1 - ~IST~ iJl~ UZ-~iL L pA121~ I'~_!or ~~ i .;~ / \ ;~ ( AAA I 1 1/ ~ ~ ', 1 • 1 ~ I~'~rl , i / W ~ ~ \\, ~ M~1NKi: I Ir r~ i ~,~ ~' ~. <.u~CT~~ 1 ,~ ~%/ --.. ~jEK~^ YLL~A /Jb ~~k,-. ! cT~l/~S l~Wt ~ tNT~~~t` ~G~KT• Uh'~t. f~-10 ' ~~~ 5!~ ~tx~cASi= Fwon Zo!"E ~ ,v~0~ S~cr i~-.~ ~~oPosEn GK~CIL ~~~=tor a i,SA Jv~1r 2900 ~/ Figure 5 Oak Manor Park Sections ~~ --- Sf eC.IN4~,f~ pKu-~ __ r ~ ~ ~ ~ , _ ~ i ~:ri.rJlo !%~~:~c ^_ ~~RLE ~u~ r ~ ;. \ j ; / ~yr~ \\ \ 1 ~` i r ,/ ~'~ ~ ~ ~ r ~~ ~' ~~ ~,~\ S ~ ~~ ~ ~ ~ ~~ ~*, /~~ r~o5lo~ ~, ~jANI~ t/I O h i ~~ u l t~o nn ~ 5 ~\\ 1, 4-I F~1sTl~6 ~~ H pIK~ ttib~5 w~TE+2 __ -- Q~, I~ M ~ ~I D ~. I~L~-2~, SITC P~ ~J N ~W Lo ~l P~Rr'~ VJIDC/Z G~A~„1FJGl~ AL.LOV~ G12.E~k- 7b YheAN t7 g/L rl EvJ R..I PA ~ IA N T~~~S ~ ~-r1c~h5 ~./ I l.l-ovl,s/ o ft K S sYc/tM L'S i~~~se ~~~ ~~ ~ ~~ ~>J VKl~if-} - C~II~'s0-.~ ~~E~~ SSA J~1~~ Oo ~., `L ~ '~ -_. c c `.. Dn~ x'110 %1VC I~ ~ _ ' \\ ~ I~ ~o ~ ~ ~~~ ~~~~ % ~aoo' ~ tee, ~JP~~ E ~-"~~~---~ F~1511N~ ~QUII~w~~7 ~~Figure 6 Improvements for Oak Manor Park Site Plan U4 ASJOCI,I T[S, I,KC. SEi' 1 L'_`.1B I_R _gOtl GIBBON CREEk HABITAT ENHANCEM G4T AA'U PVBLfC ACCESS STUCy upper channel width to prevent gravel deposition at the foot of the culvert, as currently occurs. A comprehensive rep°iew of the Gobbi Street crossing should be undertaken. We recommend that a new bridge and pedestrian walkway added at the Gobbi Street crossing. Anew pedestrian bridge planned by the City and construction of a new bridge would be the first step toward an improved neighborhood (see Figure 7). 4. Shopping/Office Area a. Constraints. The abutments of the bridge are bare, with debris (including a shopping cart) in the creek channel. There is evidence of bike and pedestrian traffic down the banks of the creek at the sides of the bridge. Public access to the creek is restricted except at the bridge. b. Oppottunities. Given the existing land uses in the vicinity of this segment of the creek and the fair condition of the channel, this segment should have a low priority for modifications. Future redevelopment of surrounding land uses would provide an opportunity for creek enhancement in this section. Additional riparian planting is recommended to provide more shade and improved habitat. Logs and step features should be added to the channel bottom to promote the formation of more pools and gentle meanders. The 6-foot fences could be lowered to provide improved views of the creek. Trees should be planted to shade the bike and pedestrian trail in summer. Blackberry bushes should be pruned behind the fences to keep the path clear. Currently [he fenced creek is not accessible to the public, but it does provide some habitat and a wildlife con~idor. 5. Residential Orchard Avenue to Leslie Street a. Constraints. There is no public access to the creek in this section except at Warren Drive. Adjacent homes were built close to the banks of the creeks, and carports, storage buildings, and paving have extended up to the block wall edge on many properties. Most houses are screened from the creek by solid fences. Little native vegetation lines the banks; only occasional cedars, junipers, and ivy soften the edges. City maintenance is difficult due to limited access (only at cross streets and over mesh fences into a steep channel). When debris blocks the channel or when flooding occurs during high flows, it could flood adjacent houses. Due [o limited available land, any creek side pathway would have to detour onto marked city streets to avoid trespassing on private property. At the Leslie Street Bridge a concrete apron promotes smooth sheet flow, but is a potential barrier to the upstream movement offish. P,~~o~a,~~~.~~~P~.~ W„ ~9-x„00, 14 i _. 1. { _ _. ~ . _' ~ ~// 44~~ ` rL ~- _ ~ •I ~ ~ ~ ~_._, ~~: 's d ~ . . s,A ~ `~ ~; ~ ~ ., ~~ Y ~~ ~ 'a • ~~ ~~ J ~ / ~T ~ ~_ -,~ , `. S'~~ ~~/ ' ,. ,- ~~ ~ n a i C~~r~~~G~ jk'~ ~ pjA~2 ~~) ~Ow-~ v~/~t"E~ ~Pa~I+-~ ~~n~ (~ jsTeel' r7~ k5 S 11~E aF ~n'Nk ~ (r+~ ymor~v~ ut~kl~ ~ ; ~d P~~~rJ ter( p ~ i r~~r~s~c ~o~ ~4~~ i I ~ ~ ~ ~~ ~ ;, - r ~ ~ ', SC~I._ ~ i _ o ~ ~ F ~x'M I l.'~ . . 1, }~ovs E5 '' 1' ~ 6 U ~ ~ I __ \ ~N~ Pe ~cSTk~~ f721 I~ 6C ~~\ ~ `~N)~vJlp~~1 Ve ~I~~ ~ rzAK~ ~~~na~+ w/ • c1.e~25 SAN ,` '` ~N 1 ~ I~.rl.r~Fs E ~-it, e A Fo K.. ~~---- ~nIN~ I ~'~~~ ~p,l~ ~-iP,gQIAN 7x•E~S ,~- ~ , . /try ~ 5 T~~ ~~~~~ ~' -~ ~ I~/9 u k5 ~ ~- -- _~~ f \ POGtf~ ~~,~ ~ ~ ~~ (N ~ I-~ re:w~'( ~ro -, roor~lsr `~ 1j ~K!"xLwT ~~`~~ ~~~ ~_ ~~_~ ~0~~ I~~A~ r1~,NU ~ ~ '- ~~~~~ ! M(~~~~f~ ENDS ~ l } ,. j ,{ ~~ ~ % - ----~0 IJKIAK - ~I~'nar~ c~Ce~ LS A ~IUNE o0 2 ~~ Figure 7 Gobbi/Oak Manor Bridge Improvements LS4 ,+ssoa 4r Eti IAC G1RSO~CRr_EF: HABITAT F_N7~,a5CF_~1ENT SFVTL, Vi FIF R'_OOJ p. V D NLfDLIC Al: CrSl STl'D1" b. Ooportunities. Restoration of this section is a very high priority as the existing channel configuration presents obstacles to fish and wildlife movement. A broader creek corridor is recommended for this section Gibson Creek. In its current configuration, the creek is a potential liability, but it could be transformed into an amenity. Widenine [he creek would reduce side or backyards, but would unify the landscape by adding a broader more natural channel with stepped terraces for flood control; the channel could be lined with boulders, natural riprap, and riparian vegetation. A fish ladder or new pools would allow movement upstream through [he Leslie Sireet culvert (see Figure 8). The creek widening project would take the cooperation of private property owners. 6. Historic Train llepo[ Area a. Constraints. Gibson Creek in this section is very shallow during low water flows, with no shade or bank cover. The banks are highly eroded in spots and there are silt deposits in other areas. The creek runs under several railroad tracks after crossing under Perkins Street. Access for maintenance is difficult through the double box culvert and the southern channel is partially filled with gravel. There is a high potential for flood damage if the culvert channels are constricted by debris or gravel deposition. Gibson Creek provides very poor wildlife habitat in this section. The shallow gravel channel, open exposure, and lack of pools detract from the habitat potential far fish. b. Opportunities. This section of the creek should have a high priority for restoration because of its high visibility and the potential "development" of the historic train depot property. Any new development on the property would likely require a new bridge over Gibson Creek to align with Hospital Drive. The new bridge should be designed to include pedestrian access. Shade trees and other vegetation should be planted along the creek banks to shade the creek. The creek should be allowed to meander through the current wide channel, forming pools and riffles to provide fish habitat (see Figure 9). Public acquisition of the land between the creek and Perkins Sheet, as well as the creek itself, could provide for a small park along this important "gateway" into the City's downtown area. It is recommended that any new development or "redevelopment" of the historic train depot property include a Creek Restoration Plan, and a possible plan for public access to Gibson Creek. 7. Downtown Area a. Constraints. In this downtown area, the creek is clearly seen as a liability, with 6-foot cyclone fences protecting parking lot boxed cutouts. It is surrounded by a=. - rr ;~) G I fti '+1 /, ( lr ~ ~~~fJ ~,L-~... _ ._ _- ~ ;T l G~ IoRAJ C~ !N~IU- GA~~rLTS fa2aJ C vJA`(S _ y (v-r2 ~ 15 _~jUl S~~ F/rm lv ~EDJ~ ~~CTIDf,..~ - ~Y~STIN-6 GQtJC. D~ T~~} I~r= ro' IlJ I ~L~ G ~4'Q U klrit~~~' M~u~M~zG ~,ooD (ASK ?yMnI~G i~-~,ol ~~ j ~! ~~. I` i j r i r Ali I '," ,r ~ ~ , ;, N ~W ~ bb ~~ P~ ~S ,~j;l ~' ~~ ~ .~ P>2j`~'( ~~~iu~ ;~ {~, t ~~ ~~~ ~~ ~~ I~ ~ ~° q~ ~~~ ~~~ `.'~ _ ~FNGC ~ ~Y.~ ~+~~ ~ v~W~ w~ ~ Y~~S - - ~ ~li)ee GrZEck I r i0-~ ~-25` ID-IS FLppp ~~tANNet- s ~G I i'O ~..1 ~ ~ i.o~aS ~(~ Gam, C.q~L71'J~01'~ I`~` ror 0r2C1-~A2D T~ v,1M'~~~N G r? ~ ~K- S~~TI ~ fJ 5 - IZ ~S I D ~ ~7"IA I~ ~-c.F}t" v~l Aft - !~ ~ rbSoN G2~GK- ~5°~ ~,~..,~: J, . `~U~ ~ ~ Figure 8 Creek Sections -Residential Area t `"_ ~- t y '_ ' ti..i -, it II! -~ ~~ ~~~ -- ._ 'I i II .~ ~ a P~ 5p~5 r -~. ~, ~ _~~ ~ ~~~ ,i~' \' ,.~ ,' -, -l / :Jy ~ r~9~wA~ \ r; FjCH c~Ft~Ni.GmrNT~ R~TUytftTloN ~-~,~ v w vh ~ FW'~KS it! Pnr~~ p ~,vnw ~ I ~ ~~~.~ ~~~ ~ ~ ~ N '~ I S! T~ Ply f`.1 Fvt2` ~J , v ~ ~ -1~r~ s i '~ c i. r~ T ~ ~- ~ ~ ~. -~E po r U ~-IA~+- 6iPso~ ~~~~ ,~. PC ~1Un~ ~o ~a ,; Y;~' ~,.. %~ I' ~~ - ar~ .~^ ~_, ...r- i ~~ r ~ ~ `~ ~ T~~1 /~ ii ~~ .~ j tic ~ ~, ~~Q ~~ t ~_ 4 ~ ~ t ~ ~~~JI •~ ~,._ c U• --- ~ - - -~ ~' y `, , I p ii C i ~N~ Y ~~~ ~u L~ siNb t,.c SFMn! ~~ ~ ~n~~; ~~ ~ ,~~_ rigure Y Site Plan for Future Transit Center/RR Depot 'J SA ASVCJCI' 1 EC. iVC GIi~SOA CNHE'K fi?,I~IT 47 ENH~.Vt,SilE~7 ~KL Pi R9 LfC ACC: E`S c; CDS asphalt, is covered with street crossings. buildings and parking lots. "1'he Mason Street area where the creek is open provides some visual amenities, with a few clusters of willows and liquid ambers lining the banks. 1'he open blocks above State S[reet are lined with broken timber walls and a deteriorating building floor that is falling into the creek. Flood control is a concern, with little access to clean debris from the box cuh~erts and enclosed channel that make up the majority of this section of the creels If debris clogged the underground channel, it would quickly flood adjacent businesses and adjacent streets. There is no natural corridor for fish passage and wildlife in this downtown section of Gibson Creek. Pedestrian bike access is limited to adjacent commercial streets. b. Oaaortunities. There are several areas that would be ideal for creek enhancement projects in the commercial area. A restoration project could serve to help revitalize the area to the benefit of both the City and adjacent property oumers. The Probation Department building is surrounded by a parking lot at Mason and Smith Streets (see Figures 10 and 11). The creek could be daylighted through this parking lot, and the comer area north of the creek could be developed into a pocket park at a lower grade than the surrounding streets. This lower area would serve as a floodplain for the creek during flood events. Parking on adjacent streets could be converted into diagonal parking to provide additional spaces to replace those removed by the restoration project. A future creekside deli with outdoor decks could take advantage of the vegetation and water amenities (see Figures 11 and 12). Several buildings that cover the creek could someday be removed to open the creek and allow for a broader flood channel with riparian vegetation (see Figure 13). The failing wooden retaining walls along the open area of the creek between Main and State Streets could be removed and the banks cut back to provide tloodplain terraces within the creek channel This would also give the creek a more natural appearance (see Figure 14). On the west side of State Street, a large parking lot abuts the north bank of the creek. The creek in this area has a concrete wall on the north bank and an old stone wall on the south. There is an existing historic structure within Z feet of the south bank, but the north bank could be cut back in terraces to provide for creek expansion during high water flows. A landscape buffer between the creek and the parking lot would form a creekside pocket park with a pedestrian trail. 77ris buffer could also help filter runoff from the parking lot so that pollutants wouldn't enter the creek (see Figures 15 and 16). P ~IIKIO]~KreeMkncPl,n w~J (92'lNOJ 1 J 1 i+ ~~ `AiI r ~ ii i y' C k ' ' s , E Eli ' nv.x ~, Li~ _ C_t- F'--- 1. i I l 1 S lM I T h-f -- -- - -- ~, i~-i ~ ~ ~A~~N p~K.k-i ti o ~_ i ~~ ~ ~ -- - i ~ ~ ~ r°)G /~ / \ \ _ (-mix-~ , ~ fj ~ ~~ ~ ~ ~ S T, ~_~ { . ~ ~: ~ ., i ,~ ,` ~~ ~~~ ~ y T i ~ j ~ •L ~, n °11 ~ I `~ ~',\ ~~ f +~I J IG I ~ H ~i 15S~r.~ ~ik-~ x- ~ Sf'~ ,l u n1 c . a o ~-1 Figvre 10 Existing Plan - Mason Street at Smith Street ~/~ ~~, _ i~ ~ u/ ~~ ~~ ~/~ q - ~- ~~ ~d~"~" V ~iA_vl ~t~ ~ ~ ~. -.~ `_~ ~~~~ ~~ i Cc~ v~nx ~~~~T- ---- ~ ~ ~i ~ Z~ I ~ s ~-. ~ T ~~ ~ ~ ~~1~2k;~~ ~4,~ T EK(STIN~ -y-. ~; ~~, .- ~~ ~~1 ~~, i a. o ~ d1~J iN `. y - - ~ T ~ `~ ~ ~N ~ ~t~~ ( _ P~T~-i TU-~ ~° ~~ ~ ~ I I ~.r,.,~ 56F1' P~~~ . n 5 ~~ T•~ o ,~ - o~ N ~- ~~~ Pf~o Po s ~ p ~y ~ ~~= ID 'v `~ -1" -,~r~~r ~~~E ~CCT!OtJS - MASo~J @SNIZTh~ -~ U ILA ~~ - ~wNT~wN ~,K,t~~Y_5 LSA ~.1vi.~~ o0 Figure 11 Sections -Mason Street at Smith Street /~~ t ;~ ~~~ I ~ ~ ~I ~ I ~ I, i I i '" ~ ~ "- ~~~ ~ ^ .,~' ~~ ~-~ n rte= Piw '~Zrti ~ N I G"K __ -~ ~ ~ ~ ~ ~ i ~\ ~, ~ y/ -~~ ~ 0 ~ ~ ~U r I f I ~" 1 I r t. ~ ~ ~ ~. a ~ `, J U - 0 f fJ ~ s-~ ~ .~ ~ p i N ~ rv 6 ~~ `'~ ~,.~ i I N~~ ;' ,, ~ ~ 4~ f '~~ ~~,~ ~'. ~ ~ ~ 1 `~ ~~ ~~ ~~~ ~ ~- NA~~K~ ~ nG S ~.ofr,r.~/ ~ ~_ -~ i ; ~ ~ r~ -NE1ti/ ~Oa~S _ ~ '~ ~ I `~~,~ T -; # ; • y _ ~ i ~, ~ Yom- ___- - _ .._ __ t_. _- ~ - ~ ' I ~ ~ ~ ~ , +• ~.x, ~,;- -~ ' t ~7 I ~~- ~ Y T ~0 P o5 ~ l i i~ ~ N - ~~o rJ L S M ; , ~ ~-~ U K- I A ~ ~ ! f3 5 0~ c~~e.-~~. ~S f~ ~~~ o0 Figure 12 Proposed Plan -Mason Street r?u Yt'~~~t ''-- i (~ 1(2Lh' ~-~.1 1 ~ . 1 n~~ oe ~ruv ~~^Y Zo-2~i ~X~~7T~ ~, to SCCT -O rJ ~C~~~~~` ~.~ - i 2! 6r P7~ a rJ ~'~ ~ ~i 1 f ~ ~ Vi"i /-~, i I I L1~C.1LY N~1"K-Y1'J~ i,i, ~ !Iit' ~~PIEI(,S ~(a~t~ <.~-~F~c- ~/f"~-5 G~E~k car-~~t;~. ~J ~~r7 irJ~ I n=ire' ;. , ~ ) ,; ~ ,, M Dry! ~-E I A ~M~S ~ ~ ~ ~~~ ~ ~ ~~ . ' ~ ;~ ~ t; `\`'~ ~! ; << /r, 0o n~ '' '~ ~~~/r j - ~ ~u ~i/~ raw ~ wit'( 7,L,-zs'~ P~-~OS~r~ S~TI DtJ G G~.~E!~ A IJ (v C l., I" ~~ ~ ~~ ~u~~f~IN6 .; ~E~T~D vv ~ d F ~; ~~ ~. ~o~~. ~IPigQV+N T2.v~5 ~ ~-1-DwS STD / s 7-uwt Y$ - 30` i;LUu~ ~ - ~ ~.J ~/i Ty I'2- ~ (_.._ (t ~co~ C ~~~ S~ ~ TI D IJ S .~ ~ ~ iN ST ~~i~i~ -6!gson~ ~~ ~"5p` J~~NI_ Oo Figure 13 Creek Sections at Main Street ~ ,~ - ~ ~ t ;' ~ ~ `'r 1 1 ~_ t Lha. ~~, ~ . , j~ ~'l' --~~- ~ ~ -- :. ~. _ r ~~`~ - - - _ „. - - _ S~Y_irtvE% ~" ~ ~ i~, r~/!~Y„ ~ t .ti16 ~ ~, t~ -~-~ ~ ~ N to Ihri {C.I N r Cr ~~ t I~ ~ _-_ _' G I l~rn ~ h v~ kt,~,S I~~;n/lcS L U ! ~. w~u~~trol~ a ~ ~ ~X ~r' P».A `'``5 '~' ~I~blf vnA/Nf~~tti~ PL- .~ ~ r~c-f ~.~ n Po TL=^rn Rti n ~~~~IOrJ - ~K(STItiJ(~ I~'~~~ ~ ~ kl ~ ~. ~ ~ ~ ~ ~ ' i ~ ~,;ii ,~ r ~ .l Wl~.~.OwS ~ ~ ; ~ i ~~ ~ ~ ~_ ,/ h/l~~oGU~ ;~, ~ ~' ~~%^/ ~, ~ t`, ~ zi~ i o "~ ~.~ ~ 1~ i t[I: ~ ~r'f~ in, e. ~c~~P tk~TVS 0 F'F GK~k~4 k. PjAN ~5 TKO ~~~ v~ iD`K- r~'ovn P~A~N ~~ ~ f O s ~~T io -J - P~oPose~ ~'CG~I~NS ~-- M~~ ~1 G '~T~T ~ VK I ~~ ~ I ~iSorJ GHEE {~ LS A ~s ~u.~i JUN ~ OG _ Figure 14 Sections -Main Street at State Street c..' i ~ i' I I ~I ~, I ~~;j ~~c ~nFlw~ Gt N ~- /, c P/4"LJ~ M E f~7L~C- wAt..l, ~~- rK E r2 ~i~- D I rq6 PR D __ .x h ~~~~ ~~ ILK 11J.(~ i~ T -~-~ - ~ ,~~ _ 1~~-(c~ (~Cf S r(N Jo FfiUU<<: VN.O'f~ ~- o p r G~G1- I o tit ,, l ~~ ~. , ~ /\/I coo vJS ~ ~ r ~ ~ 'I ~ ,~, ~ , ` , ,; ~, ?,~ ,; , ~; ~ , / ~ ;~ SH~- D/~~. ~/Yx.. k I N fn LD 7'S /~' ' ~~~i~~ 7"iZf~ 6 V 9 ~ ~ I Smtc./~S ~PANO ~oon~.~-Y ~v~~ 1 s ~ ~! o-~ ' Pr2o P05 ~~ /~' G A~ 1/',c v11 C N ~rW~ wT i`~ ~o'. ~~IG~L Pf~le-I!.! ~C~ WET o~ SrATE ~ kl?~I-t lol i~i$ON G2~EIC._ ~<o~ ~NrJ~ ~ 'gure 15 Proposed Section - Tvoical Parking West of State Street %. nl ~ \ _\ L `y ~i w ~ ~~ Ali u '~ nY~ ~~ ~ ~ N 1'~ ,~ 5"~ ~ ,~ P ~~a ~ ~- .. __.~.._ 1.. ~ ~ i ' ~ `~ . ~ l F"'r~ \ . 0 l t ~~/ ~T~l-- '~ "~~' ~ J Vii, i A ~ ;~ ,1 , .~ - ~ ~. ~~ ~ ~~ ~.-- ~ r' ~ ~~-~= ~, -~'; j ~ , I '~ t ~- ~~. a--~ , `~. ,, \ /_.~'' ~ ~ ~~ ~~ ~ ~ ~~ ~ ~, ~~ ,k ~ ,/ ; -- ~ ~ ~,~~ /~ a~p~ ~wT i 1 L~~'J~'F~~` e~-°~ ~~ Q - i ~~or~s E~ M 1 F ,~ D o ~ ~ o ~~_ i x, 1 ~ ~_ ~, T _13D'f ~ ~C i /r { 1_ y_ ~~~/ ~ ~ - \ • _ ~ ~ -~ ~ ~ fi ~. cr, ~ r-~ +V 4~~ _--_ d ~ ~ ~~ I' I ~ ~~In~ ~ K / ~ ~ C~ 1 I ~ ~ _ ~ / ~ + „ I _ •MI-J~~vtIZ~ I /~iPli~~ ie~oF1= __- ~ Goo L !~~' ,,nn W i ~ -- V ~ ~ ~ 1 - I ~ t 1~ ~ - f i ~~ ~-- ~ ~ !n ~ ~ -.i J C~) ~. ~ JIN~son~ .j whw ~~It m~~P~~ _..- Ct~) STQ EGT TrZEe 5 --~ N ~~,.fi-f'.~"E ST // P~~~ . r~ ~ sTA-r~ i_ S A o =~ , III_ X01 ~ J~N~ .oo ~~ Figure 16 Proposed Park Plan at State Street LS:1 A55(K_14 IFS. fSC. SgPTEbiBEF. ;OvO S. Historic Residential District GIBtiON CRF_ILF: HAf11T A7 EI~'H 4 V C Gp1EtiT AND PUBLIC ACCESS STCDI' a. Constraints. At several street crossings, the box culverts have flat bottoms which limit low water fish passage. "there are also several with two or three waterfalls below the culvert. Debris collects in creeks, with one ideal pool strewn with election signs, floating trash, and a computer (see Figure 17). b. Opportunities. This section needs little restoration, but it should be kept clean with periodic trash removals. The creek through this section suns through private property, with property lines typically running to the centerline of the creek. Any improvements in this area would involve the cooperation and support of the property owners. While the creek in this section is general healthy and attractive, there are some improvements that could be done. Retaining walls could be removed and steep banks graded to a gentler slope to allow the creek to form natural meanders and t]oodplain terraces (see Figure 18). These improvements would give residents better access to the creek. Education on the value of creeks for children and other resi- dents, especially the property owners on either side of the creek, may also be beneficial. Bridges with solid bottoms that form barriers to fish passage should be modified or replaced with free spans that allow free wildlife movement. 9. Rural Residential Area a. Constraints. "the bridge at Staudley Street has a pool undercutting the bank and a waterfall that might be a fish barrier. Road crossings with concrete bottom box culverts could act as fish barriers. b. Opportunities. This section has a low priority for restoration as the creek is in good condition throughout this reach. The natural character of the creek in this section should be maintained. The bridge crossings should be improved by remo- ving solid floorings and building up the creek bed at the foot of culverts to facilitate fish passage. 10. Natural Watershed a. Constraints. This section of Gibson Creek appears almost pristine, though old bridge abutments, logging roads, and other signs of early logging are visible. Public access is limited by fences that exclude most visitors. Any mines or quatTies in the upper watershed could be a threat to water quality. ~~~ -_~ ~ ~~~5tid~ -- _ ' '~~ ~- - 4p'~ i ~E~'LI E ~~~~foE ~ ~~ T I c~ r..) 24- ~o'I ~~r ~,5 r L FAT 701tor" ~; ~ w~v~r Nd ~H~4Nn~`i- ~ ~ w ~~-~. rc ~ov~ ~P~.rJe Sf c~J~.1~T ~- ~ _~ol Gi - ~~P(L.OrJ J'7~~ R 15 ~ ~ Q D `~ j Go rn PJ 1~~e. i N Rw ~ l~Sl~lE ~T FISH r~~'1-+E12- ~~l_gI t' ~;, a i ~~ ~boL N/t~11/luY-L- ~~~ 1211U(o!f' oJ1tn/k.S i)E79'-V ('i~~j ('1-7'i-T- _ , ,/ .- _... CiR-~t ~~.v~ Ct f'XiT1aw~.~ S Ecrt" I o t,1 - S(~'L11J f~ ST ~-I~~ ~ ~ ws 111- ~ I ~'(PicAL ~~~(~~ ~iSF+ ~-2~1~-~S k I A N- 6 1 b5o Gk.C~~ l.5 A JANE CiG Figure 17 Typical Bridge Fish Barriers ~~ `IJ ~ _~ ``' ks r __ ~ ~' ~° _. =i%~ ~~ J ;-~~~ h;= I i~ v. -'/ ,i', F~ `-,. .j~~~~J ~ ; ~~ ~" d~ ~~ ~~ r ~ ~, ~ ~ ~~ ~r_~~ !I j '~ Gr~e,E ~ , ~--~_-~_~ - 7,4 ,~-_ ___ ~~c; ion- ~X~TIN.F s~~~~~r~ c~c~~ t ~- ~l~no a c,Nh~Nn~tt .~i ~~-rm~'~ j~Y~JfN(~4~ Piviz~ g~~~ S i in '~o~ v l~~ Ir~,~ 4 a p,1. ~1 . G~M~ ~ . ~.,~,v ~ r'( '. W At..i.5 1 C45'L I ~~ ~K ~ ~ ~ ~~' ~ ~ ; I ~ _ _, ~wae cN A ~~-L Dr.Js~P~~ ARC, s~cTIC~~J - P~~csc-D -~ "~~ `,, ri~~ ~~ ~ ~w~ L ~ I _ p2D~cTlo~ I, 5Ta rJ~5~1"I-+~w~• 2. RIP/tKl~ sftWt~S/ Tx-t~ S 3 - L0~ '^f'~ 7t-Q, PJO L5 e~N~. P~car~Tio~1 ~c5i DES ~ IAA ~~~ ~ P~'-oT~~~lo~.J V!~-I P~}{- - ~I ~SoN ~2-~~~. Ls~ 8 JUNE oo ~~ Figure 18 Residential Bank Protection :.S'. a~SOC Lii PS. iNC smrrn~Br_F za;,n GIBSON CRLEK H4b1'r Al ~hl{ANCEpS!_hT nnD r! ~ucn~cr_ss sn~o~ b. Opportunities. The multitude of deep pools incised in rock provide ideal fish habitat. Development and grading on the hillsides and within the Gibson Creek watershed that would decrease water clarity and purity should be carefully evaluated and properly mitigated. The headwaters should be protected to continue to provide a diverse wildlife habitat close to the City of Ukiah. This wild area provides natural beauty and helps maintain the creek ecosystem. The City should work with property owners to develop a public access plan for this segment of Gibson Creek. D. General Recommendations Education can be the key to upgrading and maintaining the condition of the creeks in likiah. School projects such as sprouting atoms from native oaks to be planted along the creek corridor can encourage children's interest in the health of the creeks. Annual creek clean-up days and curbside stenciling of storm drains sponsored by school groups or civic organizations are good ways to encourage the public to participate in the care of the creeks. Community support for the creek clean-up and restoration activities undertaken by the Ukiah Valley Streams Coalition and the Mendocino Fisheries Program (E- Center) should be strongly encouraged. Another useful too] to encourage public care and concern for the creeks would be an educational pamphlet. These pamphlets could be circulated to the citizens of Ukiah. They might include information about the potential impacts from dumping yard waste and other trash in the creeks; run-off from excessive use of fertilizers, herbicides, and pesticides; and information about using riprap and retaining walls for bank stabilization. Other educational forums could be used to teach creek hydrology and the importance of riparian vegetation for fish and wildlife. The visibility gained by providing better public access to the creeks would also encourage public concern and respect for the creeks. The creeks can also be used as amenities to spur revitalization projects. For example, Gibson Creek can help create a gateway to the community at key locations. Daylighting Gibson Creek could help revitalize the downtown area by providing an attractive outdoor amenity that will draw people to the area and encourage them to linger in parks and cafes adjacent to the creek. By promoting these kinds of education, restoration, and revitalization projects, Clkiah's creeks will be maintained as valuable natural assets and amenities in perpetuity. P.~lIK10J0~Ga4Eo[Gla~i vy~(9/E]NO) 3~ ISA :.tiS6ClATFS, LAC. GIBSOIV CREr6 HA6ITAT EV714'~C6M Ei~T SCFTFVIBOH ]J6~ AFD PUBLIC ACCESS El CUi E. Potential Funding Sources Federal and State Funds to restore urban creeks, improve riparian habitat, and restore fish populations are available 1}om a number of sources. The City of Ukiah, in conjunction with local groups such as the Ukiah Valley Streams Coalition and the Mendocino Fisheries Program (E-Center), may commit funds towards planned creek improvements. Funding assistance from resource agencies could be used to supplement the resources committed by local agencies to carry out restoration work. State or federal grants funding may be obtained to implement larger specific projects that would not otherwise be feasible due to lack of local funding. Funding sources nary with jurisdiction and each source of funding has specific eligibility requirements and time limitations. The Califomia Department of Fish and Game Watershed Restoration Branch oversees a number of grant programs that may be available of funding creek enhancement projects in Ukiah. These include the following: Proposition 99, a source of funds for fish habitat restoration; Commercial Salmon Stamp Account, for salmon restoration grants; Steelhead Catch-Restoration Card funds, for steelhead habitat restoration and enhancement projects; Additional grants are available for public school educational programs on watershed and anadromous fishery conservation, instream habitat restoration, and riparian restoration. The Sonoma County Water Agency has developed a number of Watershed Protection Projects for the Russian River watershed, funded by the Califomia Water Bond Act Initiative. Several of these are cooperative projects with other affected counties. Both Sonoma and Mendocino Counties would benefit from developing a cooperative project for fisheries enhancement in the Russian River. Sonoma County currently has such a project, which could be expanded to include the Mendocino County portion of the Russian River watershed. O[her agencies and organizations that may fund creek enhancement projects include: U.S. Army Corps of Engineers National Marine Fisheries Service State Water Resource Control Board North Coast Regional Water Quality Control Board LSA n9~OC1.41E5. P'C. SLPI f?ib GF _~np Mendocino County Water Agency California Coastal Conservancy Planning and Conservation League ~i1RSON CkLLK H:191T4T LNI IASI E.ILICT :AND Pl:6l_IC ACCESti Sl VDS o ~ur~mo~[~.«~~ri,o .~a cm-niool 32 LP. ASSOCI>TLS 1]C. JHP rE?d I3 [It tOpp ~I^~(7.A CRL[K }I4NIL>i 6AI?A?Cll',1r,AT n9'o NC1l LIC ACCrSS ~ i lTS STUDY PARTICIPANTS Ukiah City Council Jim Mastin, Mayor Philip Ashiku, Vice Mayor Phil Baldwin Kathy Libby Roy Smith Ukiah Planning Commission Judy Pruden, Chairman Eric Larson, Vice Chairman Jennifer Puser Joe Chiles Mike Correll Consultant Team LSA Associates, Planners and Landscape Architects Dave Johnson, Project Manager Sandia Potter Katherine Donovan City Staff Charley Stump, Director of Planning and Community Development Rick Seanor, Deputy Director of Public Works Jim Looney, Public Works Superintendent State Department of Fish and Game Bob Coey, Associate Fishery Biologist Russian River Basin Planning and Restoration Steve Cannatta, Fishery Biologist Mendocino County ~i'ater Agency Diane Chocholak v uKimo~b.ekF.na>i.~.paivmoo~ 33 APPENDIX LSA /', y i t / ~ ~s, ~~~ ~.. •_ ~ 3. o I a x _ 6 ~ ~~ _ _ .. __... _. __..__-4 ~ /~ ~ . I~ ~ , ~ /!f 111{{{ ~ ti ~ ~ ~ ~ o ~ J ~,.I 1 i ) ~ } ~ A ~- M1j 1 I E x I~ p ' ~ ~ ~ U ~ r ~ I ~ ,: a~ ~~ ~ a 1 -° d ra. -~ ~i , a ~ ~ ~- ~' ~ ~ r i 1` _ __ !6 I ~ f ~ ~_ ~t ~ ~ - ~~~ '~~~ ~ s e. _. ~ __~_ • ~ ~ e 1 ~ •1 ~ j 1 ~'~~ V e }jp [ a ~~ ~~ ~~~ Q W o m .-g I il / _ P Y 0 L.. ~ ~ ~. ~ ~_~A e~r ~ of v~RL".,N x ] ~ °-l ~J O J _ Y~ ~ ~ ~ ~~A` O N~UI ~ ~ ~ _ Y ~ `. ~ti ~°ur ~' ~a i ~~a . _ _ _ f/ ~ l ~3">" . P 4 "-III lO 4 ~P' \ ~` w~~ = ~ , 1 i i ~ r~ - -" o ] ~ ~ o -~- J 1 ado? - - _ _ R ~ ~ ~ - _ - ~. I o I - - 1r` _ .____ _ 2 ~ 9 ---111... - .. "~ _ ® ~ _ ~ _, ~ r ~ ~.. x e ( `. ~ ~ --- - ~ ~i ~Pii~r a ~ '~~~ ` ~ d \\ ~' ~} e P :_I ~' ~ ~__ ~ ~" _~~; ~ F ~ ;,a ,\~~ A ,e_ o ~~ .~ { . z °\ - - ~ y~r i Je~ I~ ix ~ ~~~ ~%""~ ~~: y ~ ~~ s o.,~ =~ ~ ~~, ," _ _ I P "~ ~~ I ~ ~ ~~~ ~ ~. ~ ~ ~ ~ c' ~ ~~ _~ ~ i ~~8 ~~~~ ~ _ ~ ~~ _ ~~ 2 I C ~ A C. JJ(( ~ " Y e ~. ~ ~ ~ ~ ~ ~ ~' ~ x. ~~ r- IJ N I P e J i~ \~ 11 _~ J ~ Q~ ~ ~ ~ ~ a A Y { \ I it f V I 4 I a " '. Attachment # General Plan and Growth Resources of Ukiah ~ California I_~ Areas of hi&h cultural sensitivity Areas with the outline only have the potential to be culturally sensitive. ~.y~.C r.rr/~: ~reasornfgnarcnaeoiogica/sensitivity Adopted by the CiN Council. December 6, 1995 R G H coNSUCrn,N~rs. i,vc Attachment # ! ~~ 'J GEOTECHNICAL STUDY REPORT GOSBI STREET INTERSECTION IMPROVEMENTS UKIAH, CALIFORNIA Project Number: ~ 500. l 4.04.1 Prepared For: Steven A. Allen, P.C. Senior Project Manager Winzler & Kelly Consulting Engineers 633 Third Street Ew-eka. California 95501 Prepared By: RGH Consultants, Inc. Santa Rosa Office 1305 North Dutton Avenue Santa Rosa, California 95401 (707)544-1072 L~ Rand} .Rowley Professional Geol ~st - 4857 /SS\o~ cFO~ aQ~~ ?~y P Ash- o ~ ~< N .k No. 4857 ~ 04/JO/09 ~ OF Gric G. Chase Geotechnical Engineer-2628 ~oQPOFESSIpyq ~Q ~P\G G CM~SF F2C ~ m Se [ember 27, 2007 ~ No zeze p Eap. 06/30/09 J'r ~rECHN~~ ~P 4 FOF CAUFOP~ TABLE OF CONTENTS INTRODUCTION .................................................................._........................_ ......................1 scoPE .................. 2 ................................................................................ .................. _ STUDY ............................................................................................................... ....................... 3 Site Exploration ...................................................................................... .......................3 Laboratory Testing .................................................................................. .......................4 SI"fE CONDITIONS..._ .................................................................................... ..............._......~ General .................................................................................................... ....................... 5 Geology and Soils ................................................................................... .......................6 Surface .................................................................................................._ .......................6 Subsurface ............................................................_..........._.................... ...................._.7 Groundwater ............................................................................................ ...................... 8 Flooding ................................................................................................... ......................8 DISCUSSION AND CONCI_.USIONS .............................................................. ......................8 Seismic Hazards ...................................................................................... ......................8 Seismicity .. _ ................................................................................. ... _................. 8 Faulting ................................................................_....................... ......................9 Liquefaction ................................................................................. ......................9 Densification .........._ .............................................._................... ....................10 Geoteclmical Issues ................................................................................. ....................1 1 General ......................................................... _.............................. ................... 1 1 Heterogeneous Fill ....................................................................... ....................12 `Weak, Porous Surface Soils ......................................................... ....................12 Soils Susceptible to Liquefaction and Densification ................... ............_._... ]2 Foundation and Pavement Support .............................._.. ....................13 On-Site Soil Quality ............................................................_....... ....................13 Select Fill ..................................................................................... ....................13 Settlement ..................................................................................... ....................13 Surface Drainage..........._ .................._....._................................. ....................14 F_xcavation Dewatering_ ......................_....._............................... ....................14 RECOMMF,NDATIONS .................................................................................... ....................14 Seismic Design ......................._............................................................_. .................... 14 Grading .................................................................................................... ....................16 Site Preparation ............................................................................. ...................16 Stripping ........................................................................................ ...................16 fixcava[ions _ ................................................._....................._....... ...................16 Fill Quality .................................................................................... ...................17 Select Fill ....................................................................................... ...................18 Fill Placement .............................................._................................ ...................18 Permanent Cut and Fill Slopes .............................................._...... ...................19 Wet Weather Grading ............................_..................................... ................... ] 9 Foundation Support .................................................................................. ...................20 Spread Footings ............................................................................. ...................20 Bearing Pressures ............................................................... ...................20 Lateral Pressures ................................................................ ...................20 Drilled Piers._ ................................................................................ ...................21 Skin Friction ...................................................._................ ...................21 Lateral Forces ................................................................... ...................21 T:~13LE OF CONTENTS (cont'd) Pier Drilling ................................................... ......................._..............21 Concrete ......................................................... ....................................... 22 Cuh-ert Walls and ~~'ing Walls ............................................. .......................................22 Foundation Support ................................................... .......................................23 Wall Drainage and Backfill ....................................... .................................._..23 Utility "Frenches .................................................................... ............._........................24 Pavements .........................................................................._. .......................................74 Wet Weather Paving ................................................. ......................................26 Geotechnical Drainage ......................................................... ....................................._26 Surface ....................................................................... .......................................26 Maintenance .......................................................................... ................._....................26 Supplemental Services .......................................................... .......................................27 LIIvfIT.ATIONS ................................................................................. ......................................28 APPENDICES APPENDIX A - PLATF.S ................................................................................... A-1 APPENDIX B -REFERENCES ......................................................................_ R-1 APPENDIX C -DISTRIBUTION ...................................................._............._ C-1 INFORMA"LION ABOUT YOUR GEOTECHNICAL REPORT [NTRODDCTION phis report presents the results of our geotechnical study for the proposed improvements at the intersection of Gobbi Street with Babcock Lane and Oak Manor Drive in northeastern Ukiah, California. Currently Babcock Lane intersects Gobbi Street at an angle west of where Gobbi Street intersects Oak Manor Drive. This latter intersection is roughly at a 90 degree angle. Gibson Creek crosses beriveen the two intersections underneath an existing short span low-profile bridge. These intersections are within the (loodway of Gibson Creek and it is not feasible to raise the intersection of Oak Manor Drive and Gobbi Street. The site location is shown on Plate 1, Appendix A. We understand it is proposed to re-align Babcock Lane with Oak Manor Drive at Gobbi Street to create a standard 90 degree intersection with four approaches. The preferred alternative for the improvements is to replace the existing bridge with bottomless culverts located slightly west and south of the current location of the bridge. The creek alignment will be moved slightly ~~°est to place it nn the west side of the proposed intersection. Curb, gutter, and sidewalk will be added at the new intersection. Preliminary (40% Design) project plans have been developed by Winzler and Kelly (May 17, 2007), but foundation details have not yet been developed. The planned grading ~~-ill be the minimum amount needed to install the bottomless culverts and backfiil portions of the existing stream channel. The finished roadway, sidewalk, curb and gutter will be constructed to provide positive drainage. With the culvert excavations and creek backfill, we anticipate cuts and fills on the order of 2 to 12 feet. Utility plans are not available, but we have assumed for this study that the project utilities will extend no deeper than ]0 feet below the existing ground surface. 1f project utilities extend deeper, supplemental exploration may be required to evaluate the soil conditions within and below the utility excavations. i? G; I (~ GN ~ . , ,., ~:, , . . .,~_~~ , - __ SCOPE The purpose of our study, as outlined in our Professional Service Agreement dated December 20, 2006, was to generate geotechnical information for the design and construction of the project. Our scope of services included reviewing selected published geologic data pertinent to the site; evaluating subsurface conditions with test borings and laboratory tests; analyzing the field and laboratory data; and presenting this report with the following geotechnical information: I . A brief description of soil and groundwater conditions obsen~ed during our study; 2. A discussion of seismic hazards that may affect the proposed improvements, and 3. Conclusions and recommendations regarding: a. Primary geotechnical engineering concerns and mitigating measures, as applicable; h. Site preparation and grading including remedial grading of weak, porous, compressible and/or expansive, surface soils; c. Culvert foundation design criteria and estimated settlement behavior; d. Lateral loads for retaining wall design; Page 2 H~;U ~ -.,,~:,.,,. ~, - i, ~ e. Support of concrete slabs-on-grade; f. Preliminary pavement thickness based on ow experience ~~~ith similar soils and projects and the results of an R-value test on the anticipated subgrade soils; g. Utility trench backfill; and h. Supplemental geotechnical engineering services. STUDY Site Exploration We reviewed our previous geotechnical studies in the vicinity and selected geologic references pertinent to the site. The geologic literature reviewed is listed in Appendix B. On February 2, 2007, we performed a geotechnical reconnaissance of the site and explored the subsurface conditions by drilling seven test borings to depths ranging from about 6%z to 20 feet. The borings were drilled with atruck-mounted drill rig equipped with 6-inch diameter, solid stem and 8-inch hollow stem augers at the approximate locations shown on the Exploration Plan, Plate 2. The test boring locations were determined approximately by pacing their distance from features sho~nm on the Exploration Plan and should be considered accurate only to the degree implied by the method used. Our Professional Geologist located and logged the borings and obtained samples of the materials encountered for visual examination, classification and laboratory testing. Page 3 ~ . ..~, .. 111 C~`Ril l~nl~~ i .a ~ia~'r '. Oi* n. : ~~n ~. i. ~~I+~. ADO- I ~, ~•ci A u it [al ~ IJ X11 I Relatively undisturbed samples were obtained from the borings at selected intervals by driving a 2.43-inch inside diameter, split spoon sampler, containing 6-inch long brass liners, using a 140-pound hammer dropping approximately 30 inches. The sampler was driven l2 l0 18 inches. The blows required to drive each 6-inch increment were recorded and the blows required to drive the last 12 inches, or portion thereof, were com~erted to equivalent Standard Penetration Test (SPT) blow counts for correlation with empirical data. Disturbed samples were also obtained at selected depths by driving a 1.375-inch inside diameter (2-inch outside diameter) SPI sampler, without liners or rings, using a 140-pound hammer dropping approximately 30 inches. The sampler was driven l2 to 18 inches, the blows to drive each 6-inch increment were recorded, and the blows required to drive the final 12 inches, or portion thereof, are provided on the test boring logs. Disturbed "bulk" samples were also obtained of the anticipated subgrade soils from the test borings and placed in plastic buckets. The Logs of the test borings showing the materials encountered, groundwater conditions, converted blow counts and sample depths are presented on Plates 3 through 9. "The soils are described in accordance with the Unified Soil Classification System, outlined on Plate 10. The test boring logs show our interpretation of subsurface soil and groundwater conditions on the date and at the locations indicated. Subsurface conditions may vary at other locations and times. Our interpretation is based on visual inspection of soil samples, laboratory test results, and interpretation of drilling and sampling resistance. The location of the soil boundaries should be considered approximate. The transition between soil types may be gradual. Laboratory Testing The samples obtained from the borings were transported [o our office and re- examined by the project engineer to verify soil classifications, evaluate characteristics, P~~e J RG!1 ~ .. ,._ .,. ,. ~r,i~ ~~~_ --- ~;n~ ~;~;: ii,~~ and assign tests pertinent to our analysis. Selected samples ~-ere laboratory tested to determine their water content, dry density, ciassi~cation (Atterberg Limits, percent of silt and clay), unconfined compressive strength, expansion potential (Expansion Index - El} and K-value. The test results are referenced on the test boring logs. Results of the classification, gradation, unconfined compression strength. and R-value tests are presented on Plates 1 1 through 14. SITF, CONDITIONS Gannrol Mendocino County is located within [he California Coast Range geomorphic province. "i~his province is a geologically complex and seismically active region characterized by sub-parallel northwest-trending faults, mountain ranges and valleys. The oldest bedrock units are the Jurassic-Cretaceous Franciscan Complex and Great Valley sequence sediments originally deposited in a marine environment. Subsequently, younger rocks such as the Tertiary-age Sonoma Volcanics group, the Plio-Pleistocene-age Clear Lake Volcanics and sedimentary rocks such as the Guinda, Domengine, Petaluma, Wilson Grove, Cache, Huichica and Glen Ellen formations were deposited throughout the province. F_xtensive folding and thrust faulting during late Cretaceous through early Tertiary geologic time created complex geologic conditions that underlie the highly ~~aried topography oCtoday. In valleys, the bedrock is covered by thick alluvial soils. rage s ii ii(I:.~.,,.., ~. _~, I ~~~_: i n ~ ~, ~. ,J ~, is yuui lln'n ~. ~ .:i In;.o i '. ~~,rvi ..i„,~ t Geolo~v and Soils The California Division of Forestry and United States Geological Survey (USGS) geologic maps (Durham, et al., 1979 and Cardwell, 1965, respectively) indicate the property is underlain by alluviwn. The alluvium is shown to consist of unconsolidated gravel, sand, silt and clay deposited in the channels and flood plains of the Russian River and it tributaries. Mapping by the U.S. Soil Conservation Service (Howard and Bowman, 1982) has classified soil over the portion of this property proposed for improvement as belonging to the Cole series. The series comprises two soil horizons. The topsoil is shown to be a loam that exhibits non-plastic to low plasticity (LL ° 2>-35; PI = NP-10) and low shrink-swell potential, and extends from a depth of 0 to 15 inches. The subsoil is shown to be a silty clayey loam to clayey loam to clay that exhibits medium plasticity (LL = 35-50; PI = 1 ~- 25) and high shrink-swell potential, and extends from a depth of 15 l0 60 inches. Runoff over these soils is slow. The hazard of erosion is slight depending on slope. The risk of corrosion is given as high for uncoated steel and moderate for concrete. Performing corrosivity tests to verify these values was not part of our requested and/or proposed scope of work. Should the need arise, we would be pleased to provide a proposal to evaluate these characteristics. Surface The area of the proposed improvements is primarily within existing asphalt paved roadways ~~~ith some concrete sidewalk and gutters, concrete culverts, a metal pedestrian bridge and aboveground and below ground utilities. The vegetation consists of brush and weeds in and along the creek bed and bank with occasional large trees. In general, the ground surface is moderately hard. However, soils in the area that appear hard and strong when dry will typically lose strength rapidly and settle under the Page 6 XGiI,,;,..,,._, _~ ~ rdn~~ __ ~ I 'I l I loads of fills, foundations and slabs as their moisture content increases and approaches saturation. This typically occurs because the surface soils are ~~~eak, porous and compressible. Natural drainage consists of sheet flow over the ground surface that concentrates in man made surface drainage elements such as roadside ditches, canals and gutters, and natural drainage elements such as swales and creeks. Subsurface Our borings and laboratory tests indicate that the portion of the site we studied is blanketed by 4 to i feet of weak, porous, compressible, clayey soils (topsoil). Porous soils appear hard and strong when dry but become weak and compressible as their moisture content increases towards saturation. These soils exhibit low to medium plasticity (L.L = 33 and Z~; P[ = 14 and 7, see Classification ~Cest Data, Plate I1). The surface soils are locally covered by 1 to 3% feet of heterogeneous fill. I-Ieterogeneous fill is a material ~i~ith varying density, strength, compressibility and shrink-swell characteristic that often has an unlu~own origin and placement history. These surface materials (fill, topsoil) are underlain by subsoil of medium stiff to hard sandy clay ro depths ranging from 5 to 12 feet. Alluvial deposits extend from beneath the surface materials to the maximum depths explored (20 feet). These deposits were found to generally be layers or lenses of clay and sand with gravels that are very stiff or medium dense with the density increasing below a depth of 14 feet (elevation 576 feet assuming a ground surface elevation of 590 feet). A detailed description of subsurface conditions found in our borings is given on Plates 4 through 9, Appendix A. Page 7 h'Glf _ < .,, ~,,, ~~ ~ , ,~. , _~~~ can ~ :~ f.-~ ~, i:,,i. ,_~.,~ ~. Groundwater Free ground~m~ater was intermittently detected in our borings at depths ranging from 1 1 to 12 feet below the ground surface a[ the time of drilling. Free groundwater was not observed in all o£ the test borings. Fluctuation in the ground~a~ater level typically occurs because of a variation in rainfall intensity, duration and other factors such as flooding and periodic irigation. Flooding Our review of the Federal Emergency Management Agency (FEMA) Flood Lone Map 1br City of Ukiah (NO. 060186 OOOIE) dated August 5, 1985, indicates that the proposed building site is located within Lone A4 and l~6. Al-A30 areas are defined as areas of 100-year flood ~~~here the base elevation has bee^ determined. L=:valuation of flooding potential is typically the responsibility of the project civil engineer. DISCUSSION AND CONCLUSIONS Seismic Hazards Seismicity llata presented by the Working Croup on California Earthquake Probabilities (2002) estimates the chance of one or more large earthquakes (Magnitude 6.7 or greater) in the San Francisco Bay region within the next 30 years to be approximately 62 percent. Therefore, future seismic shaking should be anticipated at the site. It will be necessary to Page 8 ,~~ if(;H~ . ~:., .~,~ L, ~-~, ~~rn ;~~.i, ii i .,, ti:~ii n i '. _'i ~ i t_I i ;<, i it ~~~_ - __ _ _ u 1 I design and construct the proposed Gobbi Street intersection in stria adherence with current standards for earthquake-resistant construction. Faultine VJe did not observe land forms within the area that would indicate the presence of active faults and the site is not within a current Alquist-Priolo Earthquake Fault Zone (Hart, 1999). Therefore, we believe the risk of fault rupture at the site is low. However. the site is within an area affected by strong seismic activity. Several northwest-trending. Earthquake Fault Zones exist in close proximity to and within several miles of the site (Bortugno, 1982). The shortest distances from the site to the mapped surface expression of these faults are presented below in Table 1. TABLE 1 FAULT PROXIMITY Fault Direction Distance-Miles San Andreas SW Zg Healdsburg-Kodgers Creek SE 34'/: Maacama g ~ Konocti S6 26y, E3aitlett Springs NE 24 Liquefactio^ Liquefaction is a rapid loss of shear strength experienced in saturated, predominantly granular soils below the groundwater level during strong earthquake ground shaking due to an increase in pore water pressure. The ocew~rence of this phenomenon is dependent on many complex factors including the intensity and duration of ground shaking particle size distribution and density of the soil. Pale 9 i;'G1; . .,;;~,,,, .. Granular soils were encountered at the site below the groundwater table. I~herefore. we performed an analysis of the blow count data from our borings using the methods of Seed and Idriss (1982), Seed and others (1985), and Youd and Idriss (2001). These procedures normalize the blow counts to account for overburden pressure, rod length, hammer energy, and fines (percent of silt and clay) content. Once the blow counts are normalized and adjusted to a clean sand blow count, the critical blow count is then determined. The critical blow count is calculated using the same procedures referenced above and requires a peak ground acceleration and design earthquake magnitude. The CGS Interactive Probabilistic Hazard Assessment Map for California (2002) indicates that peak ground acceleration at the site for an earthquake with a 10 percent chance of exceedance in the next 50 years is 0579g far a deep soil site. An earthquake with a 10 percent chance of exceedance in the next 50 years is the typical design earthquake used for evaluating liquefaction. The Mayacama (central) fault is most likely controlling the ground motions at the Gobbi Street site. According to Petersen (1996), the Mayacama fault is capable of a M,~ 7.1 earthquake. Using this infonmatio^ and the scaling factors presented in Youd and Idriss (2001), the critical blo~a~ count at the site is approximately 28 blows per Coot. In general, the normalized and adjusted blow counts at the site above a depth of 14 feet (approximate elevation of 576 feet) do not exceed this value. Based on this data, we judge that the potential for liquefaction at the site is moderate to high. Therefore, foundation support for the culvert needs to be obtained below a depth of 14 feet or approximately an elevation oC 576 feet. `Chis can be accomplished with drilled piers and grade beams or, depending on the depth of the creek, spread footings. Densification llensification is the settlement of loose, granular soils above [he groundwater level due to earthquake shaking. Typically, old fills or granular soils that would be susceptible to liquefaction, if saturated; are susceptible to densification. As discussed in the Pace 10 ircn . ,,,;~ ,, .. .. ~. ; i ~. , I r~ ;,:,~~• .~ Ic~, ~ ~~,q ~ ~< _-'- 'A _ ~ ~~ ~ :; `~ _ _ _ _ ~ ~,-- ,- -. _- 1 "Liquefaction" section, the soils at the site have a moderate to high potential for liquefaction. Therefore, we judge that there is a moderate to high potential for densification to impact structures at the site. The foundation options for the culvert described in the "Liquefaction" section will also reduce the impacts ofdensification. Geotechnical Issues General Based on our study, we judge the proposed Gobbi Street intersection improvements can be built as planned, provided the recommendations presented in this report are incorporated into its design and construction. The primary geotechnical concerns during design and construction of the project are: l . The presence of 4 to 5 feet oC ~~~eak, porous, compressible, clayey surface soils and heterogeneous fill. 2. Potentially liquefiable soils ro a depth of approximately 14 feet below existing grades (approximate elevation 576 feet). 3. The detrimental effects of uncontrolled surface runoff and groundwater seepage on the long-term satisfactory performance of roadway improvement projects givc^ the erosion potential and porous nature of the surface soils. 4. The strong ground shaking predicted to impact the site during the life of the project. F`age I I Ili;l1 ~,-., ~. ~„ ..,,,~ ,;,,..n ~'aL' i .a{'~ i ii.,~ ;:i i ~ r.I 1 Heterogeneous Fill Heterogeneous fills of unkno~n~n quality and unknown method of placement, such as those found at the Gobbi Sireet intersection site, can settle and/or heave erratically under the load of new fills, structures, slabs, and pavements. Footings, slabs, and pavements supported on heterogeneous (ill could also crack as a result of such erratic movements. Thus, where not removed by planned grading, the heterogeneous fill must be excavated and replaced as an engineered fill if it is to be used for structural support. Weak, Porous Surface Soils Weak, porous surface soils, such as those found at the Gobbi Street intersection site, appear hard and strong when dry but will lose strength rapidly and settle under the load of fills, foundations, and pavements as [heir moisture content increases and approaches saturation. The moisture content of these soils can increase as the result of rainfall, periodic irrigation or when the natural upward migration of water vapor through the soils is impeded by, and condenses under fills, foundations, and pavements. "[~he detrimental effects of such movements can be remediated by strengthening the soils during grading. This can be achieved by excavating the weak soils and replacing them as properly compacted (engineered) fill. Soils Susceptible ro Liquefaction and Densification As discussed previously, soils susceptible to liquefaction and densification were encountered to a depth of about 14 feet (approximate elevation S76 feet). Structures founded in these materials will be susceptible to settlement and bearing capacity failure. Stable foundation support needs to be obtained below a depth of 14 feet. Pact I? It Git -_ ~~.. ... ., ii . ~ I' II i ~~~ .. In!. .~i,• i I~t i~~ .:~noiG Foundation and Pavement Support -Satisfactory support for the culvert foundatio^ can be obtained from a system of deep spread footings that bottom at or below an elevation of 576 feet or grade beams supported on drilled piers that gain support below an elevation of 576 feet. The pavements can be supported on engineered backfiil placed over or around the culvert. Where grading work is performed outside of the cuh~ert area, pavements can be supported on 12 inches of select fill. On-Site Soil ualit~~ All fill materia]s used in the upper 12 inches of the pavement subgrade must be select, as subsequently described i^ '`Recommendations." We anticipate that, with the exception of organic matter and of rocks or lumps larger than 6 inches in diameter, the exca~~ated material will be suitable for re-use as general and select fill. Select Pill fhe select fill can consist of approved on-site soils or import materials with a lo~a expansion potential. The geotechnical engineer must approve the use oC on-site soils as select fill during grading. Settlement Provided foundations are installed as recommended herein, we estimate that differential settlement across the culvert will be about '/~-inch. Eardlquake-induced differential settlement between the culvert and adjacent roadway could be on the order of to 1 inch (Tokimatsu and Seed, 1987). Page 13 RGIl - ,,, ,,, . ,, i ~ '~i<n ' 70~ i' ~ s', A i I i -zrln 11 '1 l I Surface Drainage Surface runoff typically sheet flows over the ground surface but can be concentrated by the planned site grading, landscaping, and drainage. Strict control of surface runoff is necessary to provide long-term satisfactory performance of projects. It will be necessary to provide positive drainage away from improvements. Excavation Dewaterina Groundwater is anticipated to be encountered within the planned excavation foundation depth. Therefore, in order to accomplish the planned excavations, it may he necessary to de~aater excavations. The dewatering system can consist of a perforated plastic pipe (in a grid array) embedded in free draining rock. l~he system should discharge to a scamp area that is pwnped continuously during construction. The general contractor is responsible for the design, operation and maintenance of the temporaq~ dewatering system. RECOMMENDATIONS Seismic Design The site is within 1997 Uniform Building Code (UBC) (ICBO, 1997) seismic zone 4; therefore, a Seismic Zone Factor "I" of 0.40 (Table 16-I ), modified as necessary to conform with ordinance(s) adopted by the County of Mendocino, should be used. The soil profile at the site approximates type Sn (Table 16-J). The 1997 UBC has identified the locations of known active fault near-source zones in California and along [he California/Nevada border. The purpose of these zones is to determine anear-source Page 14 11~ l: i j r .r.., t ... r.. i i l.'.J~ a'I~" ViU~Li`I .. i'. ~ 1.1.1 I `. f f`. ~~ ,~. ~._ 1 A SCi ~ i . factor to be used m design for every site located within Seismic Zone 4. The near-source zones have been mapped considering the surface projection of the source (as opposed to the mapped surface expression of [hc fault) using the dip angle of the fault. For non- certical faults. the dip of the fault is an important parameter because it determines the location of the fault at depth. naive Caults have been classified as A, B, or C in accordance with the criteria specified in the 1997 UBC (Table 16-U). Only faults classified as A or B are shown on the 1997 UBC maps (ICBO, 1998) because the UBC assumes faults classified as C do not increase the near-source factor. The distance from the site to the A and B faults that have the potential to control the near-source factors are listed in Table 2 below. The distances shown in Table 2 are not converted from Table 1, presented earlier. Each table measures different distances, as previously discussed. TABLE 2 1997 UBC NEAR-SOURCE LONE DISTANCES ~~~ Fault ~ ~~ Bartlett Springs llirection NE Fault Type A Distance-km 36 Maacama (cenualj Site Area A < 2 Colloyomi - SE R 33~i __ I Using Tables ]6-S and 16-T of the 1997 UBC and Table 2, the near-source factors, N, and N,., for the site are 1.5 and 2.0, respectively. The project structural engineer should determine the appropriate seismic response coefficients (C, and C~) needed to determine total design lateral force in accordance with [he UBC. Page I i „_, _ ~ ~ is , ,'~-_ Grading Site Preparation HGIi ~ ,, ,, ,_ ~, Areas to be developed should be cleared of vegetation and debris including that Icft by the removal of obsolete structures. Trees and shrubs that will not be part of the proposed development should be removed and their primary root systems grubbed. Cleared and grubbed material should be removed from the site and disposed of in accordance wide County IIealth Department guidelines. We did not obse:~~e septic tanks, (each lines or underground fuel tanks during our study. Any such appurtenances found during grading should be capped and sealed and/or excavated and removed from the site, respectively, in accordance with established guidelines and requirements of the County } Iealth Department. Voids created during clearing should be backlil(ed with engineered fill as recommended herein. Stri~pinv Areas to be graded should be stripped of the upper few inches of soil containing organic matter. Soil containing more than h~+o percent by weight o£organic matter should be considered organic. Actual stripping depth should be determined by a representative of the geotechnical engineer in [he field at the time of stripping. The strippings should be removed Crom the site, or if suitable, stockpiled for re-use as topsoil in landscaping. Excavations Following initial site preparation, excavation should be performed as planned or recommended herein. Excavations extending below the proposed finished grade should be backfilled with suitable materials compacted to the requirements given below. Page 16 xcn ~ ~,,,, ,~;. . ~, ~ ,~ ,. ,. Within fill and culvert backfill areas the old fill and weak, porous, compressible surface soils should be excavated to within 6 inches of their entire depth. The excavation of old Lill and weak, compressible, soils should also extend at least ]2 inches below pavement subgrade to allow space for the installation of the select fill blanket discussed in the conclusions section of this report. The excavation of weak, porous, compressible surface materials should extend at least 3 feet beyond the edge of pavements. The excavated materials should be stockpiled for later use as compacted fill, or removed from die site, as applicable. At all times, temporary construction excavations should conform to the regulations of the State of California, Department of Industrial Relations, Division oC Industrial Safety or other stricter governing regulations. The stability of temporary cut slopes.. such as those constructed during the installation of underground utilities, should be the responsibility of the conh~actor. Depending on the time of year when grading is performed, and the surface conditions exposed, temporary cut slopes may need to be excavated to 1``/~:i, or flatter. I~he tops oC the temporary cut slopes should be rounded back to 2:1 in ~~~eak soil zones. Ffll Qualitti, All fill materials should be free of perishable matter and rocks or lumps over 6 inches in diameter, and must be approved by the geotcchnical engineer prior to use. The suitability of the on-site soils for use as select fill should be verified during grading. Paoc 17 RGIi ~. i .r, ~~~ r ii 'i r, i. ~~~ :: ,`.~. r, Gohh ti ~ri I~~,'.z. ~. In r~r, ,~~~.. . ~_:~i~ ~ ~~ ,00' 'ri~'.rc A i u' ~4i t I f D I I Select Fill Select fill should be free of organic matter, have a low expansion potential, and conform in general to the following requirements: SIEVE SIZE PERCENT PASS[NG (E3y Dry Weight) 6 inch 4 inch No. 200 100 90 - 100 10-60 Liquid Limit - 40 Percent Maximum Plasticity Index - 15 Percent Maximwm R-value - 15 Minimum (pavement areas only) In general, imported fill, if needed, should be select. Material not conforming to these requirements may be suitable for use as import fill; however, i[ shall be the contractor's responsibility to demonstrate that the proposed material will perform in an equivalent manner. The geotechnical engineer should approve imported materials prior to use as compacted fill The grading contractor is responsible for submitting, at least 72 hours (3 days) in advance of its intended use, samples of the proposed import materials for laboratory testing and approval by the soils engineer. Fill Placement The surface exposed by stripping and removal of heterogeneous fill and weak, compressible, surface soils should be scarified to a depth of at least 6 inches, uniformly moisture-conditioned to about 2 percent above optimum and compacted to at least 90 percent of the maximum dry density of the materials as determined by ASTM Test Method D-1557. Approved fill material should then be spread in thin lifts, uniformly moisture-conditioned to near optimum and properly compacted. All structural fills, Page IR ~ ~~.~ ,~~, ~ ~ .'~- ,~~,,. on, ~ i ,,i, _~ ~- including those placed to establish site surface drainage, should be compacted to at least 90 percent relative compaction }?ennanent Cut and Fill Sloes In general, cut and fill slopes should be designed and constructed at slope gradients of 2:1 (horizontal to vertical) or flatter, unless otherwise approved by the geotechnical engineer in specified areas. Where steeper slopes are required, retaining ~~°alls should be used. Fill slopes should be constructed by overfilling and cutting the slope to final grade. "Track walking" oC a slope to achieve slope compaction is not an acceptable procedure for slope construction. The geotechnical engineer is not responsible for measuring the angles of these slopes Wet Weather Grad Generally, grading is performed more economically during the summer months when on-site soils are usually dry of optimum moisture content. Delays should be anticipated in site grading performed during the rainy season or early spring due to excessive moisture in on-site soils. Special and relatively expensive construction procedures; including dewatering of excavations and importing granular soils, should be anticipated if grading must be completed during the winter and early spring or if localized areas of soft saturated soils are found duri~ig grading in the summer and fall. Open excavations also tend to be more unstable during wet weather as groundwater seeps towards the exposed cut slope. Severe sloughing and occasional slope failures should be anticipated. The occurrence o£ these events will require extensive clean up and the installation of slope protection measures, thus delaying projects. 7~he general contractor is responsible for the performance, maintenance and repair of temporary cut slopes. r.~~e i 9 _. _ _ RG// . ......:... ... ~,,: ~~~, ~,~ ~, ~.~ ~J. ~; Foundation Support ,_.~ _... i..~, ~ Iml~ rc..- a A i i:(JiJ. 11 ~~ l~he cuh~ert structure can be supported on either deepened spread footings or drilled, cast-in-place, reinforced concrete friction piers. Specific recommendations for each alternative are given in the following sections of the report. Spread Fooling Spread footings should be at least 24 inches wide and should bottom at least ]2 inches into fine, natural soils at an approximate depth of 14 feet below the road surface (approximate elevation of 576 Ceet assuming an existing roadway elevation of X90 feet). Additional embedment or width may be needed to satisfy code and/or structural requirements. Footings should be deepened as necessary to extend at least 3 feet below the lowest point oC the creek immediately adjacent to the footing. The bottoms of all footing excavations should be thoroughly cleaned out or wetted and compacted using hand-operated tamping equipment prior to placing steel and concrete. This will remove the soils disturbed during footing excavations, or restore their adequate bearing capacity, and reduce post-construction settlements. Bearing Pressures -Footings installed in accordance with these recommendations may be designed using allowable bearing pressures of 2000, 3000 and 4000 pounds per square foot (psf), for dead loads, dead plus code live loads, and total loads (including wind and seismic), respectively. Lateral Pressures - "The portion of spread footing foundations extending into firm natural soil may impose a passive equivalent fluid pressure and a friction factor of 350 pcf and 0.35, respectively, to resist sliding. Passive pressure on ungraded weak surface soil should be reduced to 150 pcf. Passive pressure should be neglected within the upper 12 inches, unless the soils are confined by concrete slabs or pavements. Page 20 R1;1?„ . ~~,,,,, ~~ or ~~,!~ e,.~~~~' ~. __- ~~ i r Drilled I iers Drilled piers should be at least 14 inches in diameter and should extend at least 8 feet below the elevation of 57fi Ccet. Larger piers and deeper embedment may be needed to resist the lateral forces imposed by earthquakes per the 1997 Uniform Building Code. Piers should be spaced no closer than 3 pier diameters, center to center. Skin Friction -The portion of the piers extending below an elevation of X76 feet may be designed using an allowable skin friction of 600 psf for dead load plus long term live loads. This value can be increased by '/, for total loads, including dowm~~ard vertical ~a~ind or seismic forces. A skin friction value o£ 400 psf should be used to resist uplift forces. End bearing should be neglected because of the difficulty of cleaning out small diameter pier holes, and the uncertainty of mobilizing end bearing and skin Diction simultaneously. Lateral Forces -Lateral loads on piers will be resisted by passive pressure o^ the firm natural soil. An equivalent fluid pressure o£ 350 pcf acting on two pier diameters should be used. Confinement Cor passive pressure may be asswned from below elevation 576 feet. ~Fhe piers should be interconnected with grade beams to support culvert loads and to redistribute stresses imposed by wind or earthquakes. The grade beams should he designed to span between the piers in accordance with structural requirements. "I~he steel from the piers should extend sufficient distance into the grade beams to develop its full bond strength. Pier Drifline - We encountered groundwater and/or caving-prone soils within planned pier depth during our study. [f groundwater is encountered during drilling, it ma}' be necessary to de-water [he holes and/or place the concrete by the tremie method. [f caving soils are encountered, it may be necessary to case the holes. Difficult drilling may Page 21 Ii GI/ ~ ,,,,,,~,,.,~. ~.. _. .,~~ , n. , .,,~ i~, _ ,. ~ ~, ~ ,,,,~ ,,,~,,_.~.. be required to achieve the required penetration. The drilling subcontractor should review this report, become familiar with site conditions as they pertain to his operation and draw his own conclusions regarding drilling difficulty, suitable drill rigs and the need for casing and de~o~atering prior to bidding. Concrete -Concrete mix design and placement should be done in accordance with the current ADSC and/or ACI specifications. Concrete should not be allowed to mushroom at the top of die piers or below the bottom of grade beams. Culvert Walls and Wing Walls Culvert walls and wing walls constructed at the site must be designed to resist lateral earth pressures plus additional lateral pressures that may be caused by surcharge loads applied at the ground surface behind the walls. Culvert walls and wing walls free to rotate (}Melding greater than 0.1 percent of the wall height at the top of the backfill) should be designed for active lateral earth pressures. If ~+~alls are restrained by rigid elements to prevent rotation, they should be designed for "at rest' lateral earth pressures. Culvert walls and ti~ing walls should be designed to resist the following earth equivalent fluid pressures (triangular distribution): Active Presswe (level backfill)_ .................._.............................................40 pcf Active Pressure (3: I or steeper backfill) .....................................................60 pcf At Rest Yressure ................................................................................_.......70 pcf "these pressures do not consider additional loads resulting from adjacent foundations or other loads. If these additional surcharge loadings are anticipated, we can assist in evaluating their effects. Where wall backfill is subject to vehicular traffic, the Page 22 JZ(~Ii i _ _ _ _ __ __ ~ .~ ~i~ il.;l . walls should be designed to resist an additional surcharge pressure equivalent to two feet of additional backfill. Wing walls will ~~ield slightly during backfilling. Therefore, walls should be backtilled prior to building on, or adjacent ro, the walls. Backfill against cuh~ert walls and wine walls should be compacted to at least 90 and not more than 95 percent relative compaction. Over-compaction or the use of large compaction equipment should be avoided because increased compactioe effort can result in lateral pressures higher than those recommended above. Fow~dation Support Wing and culvert walls should be supported on spread footings or drilled piers, as applicable, designed in accordance with the recommendations presented in this report- Walf foundations should be designed by the project civil or structural engineer to resist the lateral forces set forth in this section. Wall Drainaee and Backfill Walls should be backdrained as shown on Plate 15, Appendix A. The backdrains should consist of d-inch diameter, rigid perforated pipe embedded in Class 2 permeable material The pipe should be PVC Schedule 40 or ABS with SDR 35 or better, and the pipe should be sloped to drain to outlets by gravity. The top of the pipe should be at least 8 inches below lowest adjacent grade. The Class 2 permeable material should extend to within 1'/a feet of die surface. The upper 1 % feet should be backfilled with compacted soil to exclude surface water. Expansive soils should not be used for wall backfill. Where expansive soils are present in the excavation made to install the retaining wall, the excavation should be sloped back L 1 from the back of the footing or grade beam. The ground surface behind retaining walls should be sloped to drain. V/here migration of Page 23 F'C~11;. ~~, ~~ 'n' _ ~~~ d .~.~i! ~i, _. moisture through retaining walls would be detrimental, retaining walls should be waterproofed. Utility Trenches "The shoring and safety of trench excavations is solely the responsibility of the contractor. Attention is drawn to the State of California Safety Orders dealing with "Excavations and "Trenches.' Unless otherwise specified by the City of Ukiah, on-site, inorganic soil may be used as (general) utility trench backfill. Where utility trenches support pavements, slabs and foundations, trench backfill should consist of aggregate baserock. "Che baserock should comply with the minimum requirements in Caltrans Standard Specifications, Section 26 for Class 2 Aggregate Base. Trench backfill should be moisture-conditioned as necessary, and placed in horizontal layers not exceeding 8 inches in thickness, before compaction. Each layer should be compacted to at least 90 percent relative compaction as determined by ASTM Test Method D-1557. "The top 6 inches of trench backfill below vehicle pavement subgrades should be moisture-conditioned as necessary and compacted to at least 95 percent relative compaction. Jetting or ponding of trench backfill to aid in achieving the recommended degree of compaction should not be attempted. Pavements An R-value of 17 was measured on a bulk sample of near-surface soil (B-4 at 2 to 4 feet). Because of potential variation in the on-site soils, we selected an R-value of 15 for use in pavement design calculations. Based on the selected R-value, we have computed pavement sections for Traffic Indices (Tf) ranging from 4.5 to 7.0 on Table 3. N~~be as RGil :,,~,,, „ ,. n ~,., n~ ~ ~~~, ,,,,~ ~,,, _ ~~'~ ~~ ~,~, ~ r,. The project engineer, in consultation ~a~ith City officials, should choose the pertinent ("Cl) for this project. TABLE 3 PAVEiYIENT SECT[ONS `[~l THICKNESS (inches) CLASS 2 ASPHALT AGGRF,GA7~E CONCRETE BASE ~ ~ 3'~z I a G.0 3 11'/ ~~~ -~ 10 5.0 a s_- 2 ~/~ 2i 9 J ~~ Pavement thicknesses .m°ere computed using Method 301 F of the Caltrans [ Iighway Design Manual and are based on a pavement life of 20 }'ears. Prior to placement of aggregate base, the upper 6 inches of the pavement suberade soils should be scarified, uniformly moisture-conditioned to near optimum, and compacted to at (east 95 percent relative compaction to form a firm, non-yielding surface. Aggregate base materials should be spread in thin lavers, uniformly moisturc- conditioned, and compacted to at feast 95 percent relative compaction to form a firm, non-yielding surface. The materials and methods used should conform to the requirements of the City of L'kiah and the current edition of the Caltrans Standard Specifications, except that compaction requirements should be based on ASTM Test :vtcthod D-1557. Aggregate used for the base course should comply with the minimum requirements specified in Caltrans Standard Specifications, Section 26 for Class 2 Aggregate Base. rare zs ,.. • ~. ,r ~ ,o~~~ - - -- ~~.,i:n ~~ ~ ~ ~:~~,,, ~ ~ ~~~, I Wet Weather Pavine In general, the pavements should be constructed during the dry season to avoid the saturation of the subgrade and base materials, which often occurs during the wet winter months. If pavements are constructed during the winter, a cost increase relative to drier ~a~eather construction should be anticipated. unstable areas may have to be overexcavated to remove soft soils. The excavations will probably require backfilfing with imported crushed rock. The geotechnical engineer should be consulted for recommendations at the time of construction. Geotechnical Drainage Surface Surface water should be diverted away from slopes, foundations and edges of pavements. Water seepage or the spread of extensive root systems into the soil subgrade of pavements could cause differential movements and consequent distress in these structural elements. Landscaping should be planned with consideration for these potential problems. Maintenance Periodic land maintenance will be required. Surface and subsurface drainage facilities should be checked frequently, and cleaned and maintained as necessary or at least annually. A dense growth of deep-rooted ground cover must be maintained on ail slopes to reduce sloughing and erosion. Sloughing and erosion [hat occurs must be repaired promptly before it can enlarge. Pale 26 ,,., ~. ,~~~-. ie,~p~,~ ~ ~ ~. „~, ~~ ~,~- o:, _ _ _ _ Supplemental Services RGH Consultants, lnc. (RGH) recommends that we be retained to review the project plans and specifications to determine if they are consistent with our recommendations. Inaddition, we should he retained to obse~~e consUuction, particularly site excavations, compaction of tills and back[ills, foundation and subdrain installations. and perform field and laboratory testing. ns part of these services, we recommend that prior to construction a meeting be held at the site that includes, but is not limited to, the owner or owner's representative, the general contractor, the grading contractor, the foundation contractor, the underground contractor, any specialty contractors, the project civil engineer, other members of the project design team and RGH. This mcetina should serve as a time to discuss and answer questions regarding the recommendations presented herein and to establish the coordination procedure behveen the contractors and RGH. [f, during construction, we observe subsurface conditions different Crom those encountered during the explorations, we should be allowed to amend our recommendations accordingly. if different conditions are observed by others, or appear to be present beneath excavations, RGH should be advised at once so drat these conditions may be evaluated and our rcconunendations reviewed and updated, if warranted. The validity of recommendations made in this report is contin~cnt upon our being notified and retained to review the changed conditions. If more than 18 months have elapsed between die submission of this report and the start of .e-ork at the site, or if conditions have changed because of natural causes or construction operations at, or adjacent to; the site, the recommendations made in this report may no longer be valid or appropriate. In such case, we recommend that we be retained to review this report and verify the applicability of the conclusions and recommendations or modify the same considering the time lapsed or changed conditions. Che validity of recommendations made in this report is contingent upon such review. Page 2? ilf;ll ~,.„:.,, ui,.. .., . ":~.. ,,~,_ ..,_ .~. .. ~xr - _ _ _ _ e_ ~n _ i I-here supplemental services are performed on an as-requested basis and are in addition to this geotechnical study. We cannot accept responsibility for items that we are no[ notified to observe or for changed conditions we are not allowed to review. LIMITATIONS This report has been prepared by RGH for the exclusive use of Winzler and Kelly and their consultants as an aid in the design and construction of the proposed Gobbi Street [ntersection [mprovements described in this repot7. 1~hc validity of the recommendations contained in this report depends upon an adequate testing and monitoring program during the constructio^ phase. Unless the construction monitoring and testing program is provided by our firm, we will not be held responsible for compliance with design recommendations presented in this report and other addendum submitted as part of this report. Our services consist of professional opinions and conclusions developed in accordance with generally accepted geotechnical engineering principles and practices. We provide no other warranty, either expressed or implied. Our conclusions and recommendations arc based on the information provided to us regarding the proposed construction, the results of our field exploration, laboratory testing program, and professionaljudgment. Verification of our conclusions and recommendations is subject to our review of the project plans and specifications, and our observation of construction. The test borings represent subsurface conditions at the locations and on the date indicated. It is not warranted that they are representative of such conditions elsewhere or at other times. Site conditions and cultural features described in the text of this report are those existing at the time of our field exploration on February 2, 2007, and may not necessarily be the same or comparable at other times. Page 2R ,., „., ~i c,, ~~ ,r ,, i~~'_ .. ~,_ Che scope of our services did not include an environmental assessment or a study of the presence or absence of toxic mold and/or hazardous, toxic or corrosive materials in die soil. surface ~~~ater, eroundwater or air (on, below or around this site), nor did i( include an evaluation or study Cor the presence or absence of wetlands. "Chose studies should he conducted under separate cover, scope and fec and should be provided by a qualified expert in [hose fields. Page 29 ~,~ „ . ,.~~.i a.. ~~ . , ~ ~ ,., r,_~ ~~ i,,,i,~ ,~~ ,~ ~_ °~, , APPENU-X A -PLATES LIST OE PLATES ['late 1 Site Location Map Plate 2 Exploration Plan Plates 3 through 9 Logs of Borings i through 7 Plate 10 Soil Classification Chart and Key to Test Data Plate I 1 Classification Test Data Plate 12 Particle Size Analysis Data Plate 13A and 13B Strength Test Data Plate 14 Resistance (K) Value Data Plutc 15 Retaining Wafl Backdrai^ Illustration Page A-I _.__.__ 1 KI Re~~o iohvrr -~ I c1erY; i Hoso r„rs~ i¢ IC ail ,z 0 I~ r~ . .-r •~ ~{•_ ~~~li COR ~1V II'/ HO3{0{, 1'~_ l l: \' ~ ^i•'r I z \~ ~ I~ Z3 \ FW ~~ ~ 3 ~I ~-~.~- - - `~ ~ ~ a I ~ ~^ ~ / ~ t. ~`d G ~ ~ r .' ., ~' - a r:. `v ~ =. - . CT I~ . i~,~ .';Regina i r, ~, 1 ~- ~ ~~ _~ _ ~ ~ ;~ f •.. - 39] ~~, e~ f i I~ ~ 5 .~1~1 .~ y .~ 3 I~ ~ I i, fy V.:, ~7 I q ~ . 4 I 7~ ~ 1 ~~~ ~ - ,.1 1 I ~ ~ ~ "L .•• i 7 r: ~~ 613 ~~ 59i [. -~~ I i ~ ~ s~ i 3 : y ~ ~: ~ .. c+ - ~ ! ~ - I~ ~ - TIItTit6~0 ~ 'lob. ~ River Onion Sch ~I ~, \ ~ I p N ~P B n c, ~}1 I,, fftt I ~•..v-~l'..T~j \ / Reference: Maptech TopoQuad, Ukiah, California Quadrangle -- ---- Job No. 5500.14.04.1 R G ' Appr 4~P~~ Drwn tl H Consultants, Tnc. Dale: Feb 2007 PreSBW(~Od _• -.~ ~. !.C i Scale_ 1" = 200 SITE LOCATION MAP P`°rE Gobbi Sheet Intersection Improvel~~ents Ukiah, California ~ 8 S, - I' I u~ ~~ I, ~I t _, 5 2 .:' 1 ~~~ I, ~~ ~o ;I,I ' ' ~~ i 'i11. it u- ~~'~~~ II z.~ ~Irl ~ 1 2a ~~1~.,i ~i' ~ I ~. I\ 1 p l ~ \ III S.~I m~ I' 111 L ~1D L- i _p~y1_~. ~}~ \1 ~; n/~ ~_ _ / ~ ~# ~ !\T-. cN / i ~~ ~~~~ /` // /~ j ~. 0 ' „~ ~~ w~ ~ 3 cWi3 3 ~3 ~a ~ G s ~~~~ c J ~aN 3 ~y/~\ J Iii }. `~- _. J ~ ya "_ j e ~t ~ ~ t OO~SZB ~,~ ~~ ~ ~` I m -. ,. I ! 1 m C O m a~ ~ c x o o' Q ~ Q U Q J m - /:;. '"-"3 f j ~~ ~ %j ~ ~~ ~ a~ ~' `// /r i 4~. ~ m ~` 1.~E ~1 ~./. i s 1 I ~ ~' / %/ ~` ~ R r ; ~ ~ t / ~ i ~ }. 1 ~ ~ ~~ imp ~: ~, \ ~; ~ ~ ~ j R~ +I I o- ~ Z i, I ~I~li .j ~ I ~{~.. ~ ~k ~ ~ a° J II i `I ~ / d I ~I•~ k ! % J ~ I ~ ~ ;~~'II. ~ ~~ I •.~ I 5 ' I ~ "~ 5~ ~. ~~<'' 1, ~ I il, - I ~} yi ~ 1. ~~I i III . rl~ ' ';~ Base Map: 40% Design Submittal by Winzler & Kelly, dated May 17, 2007_ Scale: 1"=40' yob No ssoo raoa ~ EXPLORATION PLAN a~,re R Aw~~;~ `~ Gobbi Street Intersection Improvements G D~w~ tI ~ ~ tlkiah, California 2 H Consu?tarns, Inc. Date Se~t_2007 _._ ~, i ___ - - I- I EOUiPMENT. Truck-Mounted Drill Rig: 6" Solid-Stem Auger II GEPTH ~ ~ ~ w °o (FEETI LOGGED BY. RPR DATE 2-2-07 Other Laboratory ~ c °-' . a o ; 0 E DRI LLER. Pear50n Drilling ELE`JATION. feet~~ Tests o° ~ c i 0 a u m N ~ _ 0 _ 2'/z inches Asphalt Concrete (AC) over 12 inches t - Aggregate Base (AB) _ _ _ MIXED BROWN GRAVEL SANDY SILTY CLAY (CL), Z very stiff, damp (Fill). 19 1 3 ~l i ! a BROWN SANDY CLAY (CL), stiff, damp to moist / (Subsoil). 12 5 l 6 "/ 7 BROWN CLAYEY SAND (SM), medium dense, damp, a - fine grained (Alluvium). 14 9 I I ~ 10 -+ i I 7 1 ~ 2 J t3 - Water level at 12.75 feet. J BROWN SILTY SAND WITH GRAVEL (SM), medium dense, saturated (Alluvium). j I 29 to 1 -- _ j' I _ Bottom of boring at 15 feet. Terminated boring due to caving below 12'/a feet. ' Converted to equivalent standard ~, penelraUOn blow counts '~, "Existing ground sudace. ~nb No ssoo ra oa I LOG OF BORING 1 PIATE R nppr ,/~n~ i Gobbi Street Intersection Improvements G ~ VC/ Ukiah, California 3 H Consultants, Inc. Drwn tl n~t~ ~u a=I 2007 __.. _- c_fl- _ _ _-~ -- EOUIPrsENT Truck-Mounted Drill Rig 8" Hollow-Stem Auger GFPTH . > v ~- ~ ~ $ ,FEETt LOGGED Bv. RPR DATe 2-2-07 tither m ~ ~ ~ ~ v Laboratory ~ c ^ ~ ~ ° O 3 E DRILLER Pedr50n Drilling ELEVATION. feet" U Tesls O ° O O ~ V o =u O ~ ~1 N ~ 4 inches Asphalt Concrete (AC) over 12 inches Aggregate Base(AB) 1 BROWN SANDY CLAY (CL), very stiff, damp, porous ~ _ p with rootlets (Disturbed Topsoil). Classification Test 26 (See Plate 11) 3 q ~ - 5 ~-I- s Classification Test --- --- 70.1 27 (See Plate 11) 7 ~ 8 9 ~- 10 11 12 Particle Size Analysis -- --- 14.1 20 (See Plate 12) t3 la 15 16 17 18 26 19 i Converted to equivalent standard penetration blow counts "Existing ground suAace IR I G H Consultants, Inc. i Job No. 5500 I a0a.1 App ~ ~~_ Drwn II BROWN SANDY CLAY (CL), very stiff, mast to saturated (Subsoil). Water seeps during drilling- BROWN CLAYEY SAND WITH GRAVEL dense, saturated (Alluvium). (Alluvium). LAY (CL), very stiff, wet Bottom of boring at 20 feel. LOG OF BORING 2 PLATE Gobbi Street Intersection Improvements Ukiah, California 4 Other Laboratory Tests - _ _ ~ _ I E~uIPMENT Truck-Mounted Drill Rig: 8" Hollow-Stem Auger DEPT N T - o -- ~ v v $ (FEET ) LOGGED 8Y RPR DATE. 2-2-07 m C °i - ~ ~n °1 m ~. ~ ~ a o 3 E DRILLER Pear5drl Drilling ELEVATION feet' V ~° O O ~ U ~ o u O fC m N _ _ O 2%, inches Asphalt Concrete (AC) over 12 inches Aggregate Base (AB) 18 21 22 21 Particle Size Analysis (See Plate 12) --- --- 12.4 31 Classdication Test Data (See Plate 11) Strength Test Data 102 7 23 6 --- 23 (See Plate 13A) 1 2 3 a 5 6 7 8 9 10 n i2 13 14 15 1s 17 18 19 BROWN SANDY CLAY (CL), very stiff, damp to moist, porous, with occasional rootlets (Disturbed Topsoil). CLAY (CL), very stiff, moist (Subsoil) BROWN SAND (SW), medwm dense, saturated (Alluvium). Water seeps during drilling. BROWN CLAYEY SAND WITH GRAVEL (SC), medium dense to dense, saturated (Alluvium). MOTTLED LIGHT BROWN 10 BKUwN sHNUY (CL), very stiff, wet (Alluvium). `V Bottom of boring at 20 feet. Water slowly seeps into hole. Converted to equivalent standard peneValion Dlow cou nls. " Existing ground sudace. JoD No ssoo 1aoa1 LOG OF BORING 3 PLATE R Appr Qp~ Gobbi Street Intersection Improvements G Ukiah, California 5 Orwrc tl Consultants, Inc. Date. Augus; 2007 - ----- _..__-- - _._~ ___- _ _ -__.. - ____. .__-__. ____..- - _.__ ~ r'-__ ___ -.___ _ ___ _-_ eoulPr<aENT Truck-Mounted Drill Rig: 8" Hollow-Stem Auger cER1H ~ ~ ~ ~ ~ LOGGED BY RPR DATE. 2-2-07 ~ Olher ~, w ~ ~ in ~ o ~ v (FEET) La borelory ~ c ~ ~ a c°. o E DRILLER Pearson Drilling ELEVATION feet" I Tests ~° ~ ci o u m m 0 - __ _ 3 inches Asphalt Concrete (AC) over 8 to 10 inches j Aggregate Base (AB) ~ t _ ___ _ GRAVEL SILTY CLAYEY SAND (SC-SM), loose to _ 2 medium dense, mast (Fill). Bulk sample from 2 to 4 ~ ~ feet. 35.7 5 Classifcatlon Test Data 3 - ~ (See Plate 11J __ ~ R-Value Test Data a BROWN SANDY CLAY (CL), very stiff, moist (Subsoil). (Sae Plate 14) / 5 17 6 7 BROWN SILTY SAND (SM), medium dense, weY, with roots (Alluvium). ~. 8 I g ~i 1a i -to~ I I 16 I cr I Water seeps during drilling. 'll ,z I L' __ BROWN SILTY GRAVEL SAND (SP), medium dense, wet (Alluvium) 24 ~~ 13 i I 14 20 .5 ~ l LIGHT BROWN SANDY CLAY (CL), very stiff, wet to saturated Alluvium). __ _ _ ___ Bottom of boring at 16 feet. ' Converted to egwvalent standard penetration blow Counls. "Existing ground surtace. i _ _~' Job No. ssooia oa i LOG OF BORING 4 PLAre R nppr ~~) Gobbi Street Intersection Improvements I ~' ~ `~ Ukiah, California 6 _ Dnvn 11 i H Consultants, Inc. , Date Au usl ?007 ----- - - - -_ _ - ----L- -- 4 - -~ --L-~ I Other Laboratory Tests 'I Bulk sample from 3 to 4 % feet. !Gradation Test Data j (See Plate 12) EoulanaENT Truck-Mounted Drill Rig: 6" Holtow-Stem Auger DEPTH T o ry °' ~ v o (FEET) LOGGED BY. RPR DATE. 2-2-07 y C N 1/J ~ N ~ c ~ c a ° ; E DRILLER. Pearson Drilling ELEVATION feet" V O O e N O ~° ~ U o~ u m U N J a _ 2'/z inches Asphalt Concrete (AC) over 6 to 8 inches ~ ~ Aggregate Base (AB~_ _ 1 SANDY SILTY GRAVEL (GM), medium dense, damp 50+ 51 --- --- 37.8 i6 Classification Test Data 113 9 17 0 --- 28 (See Plate 11) Strength Test Data (See Plate 138) 20 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 (Fill). BROWN TO DARK BROWN SAN very stiff to hard, damp (Subsoil). Sample at 3'/: feet driving on root. BROWN C (Alluvium). BROWN SANDY CLAY (Alluvium). (SC), medium dense, wet very stiff, damp to wet Bottom of boring at 18'/z feet. No free groundwater encountered. ' Convened to equivalent standard penetration blow counts. "Existing ground sudace R G H Consultants, Inc. JoD No. 5500 14 04.1 Appr I p~ Q Dnvn' II Date August 2007 LOG OF BORING 5 PLATE Gobbi Street Intersection Improvements Ukiah, California 7 plner La GOratory Bulk sample from 1'/z to 3%, feet. -- _ _. _ --- - - - j cePrH __ __ _- -- - -I EGIL RMENT Truck-Mounted Drill Rig 8" Hollow-Stem Auyer _ ~ ~, o ~ (EEEn LOGGED ev RPR DATE 2-2-07 ~ v C N N ~ o o ~ ° o ~ ORIt_LER Pearson Drilling ELEVATION feet" z O° `~ U D a m ~ _. r O 3'/: inches Asphalt Concrete (AC) over 11 inches Aggregate Base (AB) BROWN TO DARK BROWN SANDY CLAY (CL), very 1 _ ~ sflff, damp (Subsoil). ~ 23 3 a ~ I s LIGHT BROWN SILTY SAND (SM), medium dense, 23 damp (Alluvium). ~~.. s Bottom of boring at 6'/z feet. No free groundwater encountered. - Converted to equivalent standard penetration blow counts. "Existing ground surface ~- I Job No ssoo faoat LOG OF BORING 6 PLATE R nppr ~%F'~ Gobbi Street Intersection Improvements G Ukiah, California $ H Consultants, fnc. orw° u Dale Auq us12007 ~ I Ea_naMENT Truck-Mounted Drill Rig: 8" Hollow-Stem Auger I T oEaTt+~ . °' ~ 'v o (FEET) LOGGED BY. RPR DATE Y-2-O7 Other v v ~ c ~ ~ ?~ Laboratory ~ ~ S ~ a o o ~ DRILLER. Pea r50n Dfllling ELEVATION feet' Tests o° ~ ~ o u m m 0 BROWN MIXED SANDY GRAVEL CLAY (Fill). t _ BROWN SANDY CLAY (CL). medium stiff, damp 15 2 (Subsoil). 3 4 5 19 5 _ BROWN SILTY SAND (SM), medium dense, damp (Alluvium) 8 -~ I I 9 to i 2D - t t Water seeps during drilli~ _~ BROWN SANDY SILTY GRAVEL (GM), medium dense, 12 wet to saturated (Alluvium) ~ Water seeps below 11 feet 22 13 _ ~ BROWN SANDY CLAY (CL), very stiff, saturated -~- - --- - Alluvium). Bottom of boring at 13%feet- No free groundwater in boring at the end of drilling. ' Converted to equivalent standard penetration blow counts. "Existing ground sudace. Job No: 5500 74.04.1 LOG OF BORING 7 PLATE R Appr 2P~ Gobbi Street Intersection Improvements G Ukiah, California 9 Consultants, Inc. Drwn tl Date August 2007 -- __ __ _.__ __ _ ._ __. -_ SYMBOLS TYPICAL MAJOR DNISIONS GRAPFI tET tEH DESCRIPTIONS GW VIELL GRADEC GRAVEL ORA~EL-SUJD aRAVEL CLEAN '~~ i. Mlxn,~RES,umEaMNOFSSs AND GRAVEL 0 00 GRAVELLY NTTLE OR NO rlnE3) oho O GP FGGRLY GRACm GR4VFL GAAMI=L S4nD $OIL$ Oe O MIXTeRE$, LITTLE OR nq Fi~E$ Mont nuw so% 0 p o c aF muuE GRAVEL ~~ ~ GM slLtt GRAVEL ROOaLr GnaDEo L ~ WITH FNES O GRAVEL SA.NaSLT naa ruRCs COARSE RE moN - _---- F nro . scvE ccwEn isx ___- ~ GRAINED of F'~nE3) o0 o GC curEr GRAVEL, ROORLr Gfwnm SOILS GRAVL SAND GIAY MIXIl1RES !.1CHE "FLAN 5L % cr MATE=.x $VV wEU-cRaoED salve. GRnn ~uv ;oND. Z r G $AND CLEAN SANDS imr GR NO nrvES O ann uo zco AND -_ - s~:E SZE SANDY N1P-E Oa no f~nES) _ SP RcoRLr-GRADED Sane, GR.aVCLLY SANo Q SOILS I1TTlE OR NO TINES ^ MCAE iNWV SO% N LL of mAasc ~ SANDS WITH SM s Lir sA~rDS RooRLr GaanEt swo sai o fanci oN FINES MIXfuRES ~ aA~S~rvG Orv ~ aF F~hE$) SG, CLAYEY SafvC$, ROORLYGMDEG SW DGLAY M.)CiURES J U p INORGANIC SIL?$ aND VEAY FVM_ gq'p$, J ML ROCK FLOUR. SILTY OR CLAYEY FVJE SANDS, `A I oR cuYEV slLrs wrrH SLIt, rr avsnpiv i O SILTS AND CLAYS INOnGANIC CLArS Cf LOw to MEDDUM LOUiO L~MIr LCS$l1iAN ffl CL P-ATTlcm, GRavE<r cinrs. sAnov ^ FINE GlAYS. SILTY CLAY, LEAN CLAYS m LLI GRAINED - - ' Q L SOILS - - OL oRCrs,~c cuYC Ati c oR ;avlc sILTr curs ~ L _ = ocLOwaLrsnclrv ~ Z MpgE THAN :u% ^ Of MaTEP.aL 5 ORGANIC SLiS, MiG.CEpU$DR ~ sru~Ee iww M H DiATCMACEO'JS DINE CriNDY LW $!LTY $G'LS. Nc zm_~E..E ELASrICS~;rs ~ SILTS AND CLAYS C'H INGR:,AVI^ „LAYS pE HIGH RLnsncm, FAT ~^ L fA1DLIMn GRURRTFUW~ CLAYS / //// ORGANIC CLAYS GF MEDIUM rD HIGH j/jj ~ OH RLasrlcnr aRG.wlcsxis i . ~ 0 HIGHLY ORGANIC SOILS BEAT, HuM'JS. $waruR sGILS ANC o?rIER PT SOILS WIT1 HIGH ORGANICGONiENT$ K EY TO TEST DATA Consol -Consolidation Shear SPergth, psf ~ ~Contining Pressure, psf LL -Liquid ^mit Qn %) Tx 320 (2600) -Unconsolidated Undraped Triar]al PL - Plastic UmH (In %) TxCU 320 (2600) -Consolidated Undrained Trlaxial Gs -Specific Gravity D$ 2750 (2600) -Consolidated Drained Direct Shear SA ~ Sieve Analysis ' UC 2000 -Unconfined Compression ^ - Undisturbed" Samples P/S 470 -Field Vane Shear ® - 8u!k or Disturbed Sample LVS 700 -Laboratory Vane Shear L7 ~ Standard Penerratlcn Test SS -Shrink Swell ^ -Sample Attempt With No D(p - 6cpansion Pewvery p - Permeability note: All streng(n tests m 28-in. cr 2.4in. diameter samp'e. unless o:hervnse indicated ' Job No. 6500.14.04.1 R G gPPr: ~r/~ 'I H CODS UiIanIS, InC. Orwn_ ll Dale, Feb 2007 SOIL CLASSIFICATION CHART PLATE AND KEY TO TEST DATA Gobbi Street Intersection Improvements 10 Ukiah, California LIQUID AND PLASTIC LIMITS TEST REPORT 6( sc 4c x w 0 z Z 3C V N 3 zo 10 0 Dashed line indicates the approximat il l e ~ ~' s so upper limit houndary for natura ~ ~ _. - ~ - ~ / - G~ O 0~ -- -- i ~ i I ~ / ~~ ~ O~ ,~ i - ~ ~ i ~ i I ~~ ~i~ • ~ ^ I ~I -- -~- • ~ - -i I - - ---- --- ~ CLML ~~~ ~ ~ MLo rOL i ~ MH o r OH _ ~ I ~ I 0 10 20 30 40 50 60 70 80 90 ii LIQUID LIMIT ', ~ MATERIAL DESCRIPTION LL PL PI _%<#q_0_ _%<#200 USCS ~ I • _ ___ Brown Sandy Lcan Clay (CL) 27 19 8 70.1 CL I ' ~, ^ Mottled Brown Sandy Lean Clay (CL,) ~ 33 21 12 CL ~, • Dark Brown Silry Clayey Sand (SC-SM) 2S 18 7 35.7 SC-SM , _a i • _ Brown Sandy Lean Clay (CL) _ 29 ~ 17 12 __ CL '~. I _ •i ~__ Brown Lean Clay W/Sand (CL) 33 ~' 19 14 CL I ' Project No. SS00.14.4.1 Client: FtGH Consultams ~ Remarks: II Projeet: Gobbi Street Intersection, Ukiah '~ ' • Source of Sample: B-2 Depth: 7.0' '~. ^ Source of Sample: B-3 Depth: 19.5' ~ ' ~ Source of Sample: B-4 Depth: 2.0-4.0' • Source of Sample: B-S Depth: I a.0' I I ~', ~ Source of Sam le: B-2 De the 3.0' 1 R G CONSULT."12~'TS, INC. H - ~--~ Fi ure _ ___- . - - -- - - ~- ~- _~~ -- - ~ - Job Na 5500 14 04.1 PLATE ' CLASSIFICATION TEST DATA R Appr r~~~~ Gobbi Street [ntersection Improvements I G Ukiah, Califonua 11 ' H Consultants, Inc. Drwn tl __ Date Au4us1 zoo~__ -- 100 110 _ __ __ . _ - __ _ ___ _ __ ___ I J Particle Size Distribution Report - - - ~ - s ~ - s _ _ _ ,~ S 8 7 Z 6i LL Z 5i W U ~ a: W a 3( 2C 0 0 ~~, ~ ` I ' I I I ~' I { ~ ___ ~ ~~ L~ i ~ ~ i ' I i i ~~ i ~~ l i I ~ ~ ~ i ~ l I ~ ~ , ~ I I' ' ~ ~ I i ~ i i - I ~ I I ;Il i i I ~ ~ ' ~ ~ f I i i I I ~~ I . u ' ~ ~ I i i TI i J L- . ' t ~ i I _ I I ~ I ' ~ i ._ I I i t-`----i ? ~ i i ---I- I j il~ ~ I ~~ I i i it I~ I ! ~'~ ~ I I I I ~ ~ ~ I ~ ~ ill i~ ;,I ~ i 1- i ~ ~ I I I i~ - i~ ~I I I ~ I '~ i ~I I ~~ _ ~ I I'. ~ ~ ~ ~ L ~ -1- ~ -~ ~~° ~~ ~ ui J/J1 OOC1 GRAIN SIZE - mm °~ 3„ °/ Gravel ~ °b Sand % Fines __ Coarse i Fine Coarse__ Medium Fine ~ Silt T- Clay I 00~].a ~~??- 149 4.7 ~ 22.7 ~ la.l __ __ 0-~ 10 0 ~0 5 1 3 7 18 8 13.9 ~ 12.4 7 4-_ - 3.45.9 __ 45.5 ~~~~- ~~ ,73 I LL PL D -~~-D~- D -~--D30 ~ D D ~ C 9.93 a2 i 7.4478 1]946 I 0?673 0.0897 ___,- 155948 5.0680 '_--x]791 055a5 0.0941 --~- - - 0.6167 0.1683 0.122 ~~ ~ - Material Description _ USCS AASHTO Brown Clayey Sand W/Gravel (SC) ~ SC Brown Clayey Sand W/Gravel (SC) SC Brown Clzyey Sand (SC) ~~ SC Project No. 5500.14.x.1 Client: RGH Consultants ~~,'IRemarks: Project: Gobbi Street Intersection, Ukiah ~~ ~ Source of Sample: B-2 Depth: 13 0' _~ Source of Sample: B-3 Depth: 15.0' e, Source of Sample: B-S Depth: I I.0' ~ RGH coNSV1.T~~TS, rvc. ~~ -~ Figure - J ~nb No: ssoo ~a.oa i PARTICLE SIZE ANALYSIS Ptnre I R ~ nppr ~~~ Gobbi Street Intersection Improvements Drwn: a Ukiah,-California -_-- -._- --- ----_-----12-- H Consultants, Inc. ~ jl _. _._------_. --------__ __ _ - - _ _Date_August 2007_ j N `1 N N a~i 2 N N N a E 0 U UNCONFINED COMPRESSION TEST I i aoo~ I l l ~ I ~ i ~ I ~ i`--F-' t- ~_ ~~ ~T_ - ~ I ~~ i _ i ooa -~--~-~ __ 1 I ~ I I I~-iT ---r-_~ -~-I ~- _ i - ~-~-I- i l~ ~ r. ~~ I~ j I ~ I~'r j-~~--r goo I I -I~ -F--~I--~--~~`~- ~ ~ i ~ - ~ I-~ i i I ~ _ _ i 00 -1 ~ -.-~~ ~~--~ I I i li T____ - _~_- _1 _- _~I-~_- ~ I I I ~° Axial Sfrain, °,% t5 20 Sample No. o rt ~ - t _ _ ?022.0 T T -_- i -- Undr a ned sheo sfren th, psf g -- - I - I t 01 I.0 1 --- _ _ __~. - - T _ Failure strain, % _ _ _ _ -- ---- T I8.8 - __ -- -- I ~ _ Strain rate, inJmin. 006 ~{- - ~ Water content, % _ ---- - I ~3 6 Wet density, pcf ._ - ~ ~ ---- -- -- Dry density. Pcf -- ~-~_ 102.7-- - -_- - ~-_ . -- --.. on % - - __ t r _ .- -- - ~ _ 99 6 ~ - i -- ~_.. ~ - Jo d rat 0 6405 _ _~ _ eamzn d iameter, in -- - ~ 4, _ -- S ecimen h _ P _ eight. in ___ _ _ __ _________ _ 4.80 _ --- i Hei hUdiameter ratio __ 1.98 Description: Mottled Brown Sandv Lean Clav (CLl LL = ;~ ~ pL = 21 pl = 12 Assumed GS= 2..0 Type: Undisturbed Project No.: 5500.14.4.1 Clint: RGH Conscltants Date Sampled: ?-3-07 Remarks: Project: Gobbi Street Intersection, Ukiah Source of Sample: B-; De pth: 19.5' ~ Figure RG H Consultants, Inc IZ G H CONSULTANTS, INC. ~I - -- -- --~ --. I _ _ I Job Nn~ ssoo.t4.oa.t STRENGTH TEST DATA mare J qpp,. ~~~ Gobbi Street Intersection Improvements orwn, a Ukiah, California 13A 1 _ Date. Aug ust 2007 ~~~ ~o -r Ii Ti r -ram- I i ~ 1~ i _ ~~ ~.Xial strain. o0 sample No __ _ _ I Unc_cnfined strength, psf _ _Undrained_shear strength psi _ ~. Failure strain, % _ __ _ Strain rate, in./min. _ ~, V"/ater content %_ Wet density, pcf Cry den=ity, pcf Saturation, --- -- ------ .. - ~, Void ratio ----- _Specimen diameter, in. _ _ I Specimen height, in. -- ---- - ---- -- Hei hUdiameter ratio , Description: Brown Sandv Lean Clay (CL) ' LL=29 - PL=17 I P1=12 Project No.: 5500.14.4.1 i Date Sampled: 2-~-07 Remarks: Figure RG H Consultants, fnc i 3963.0 19815 _s~ I i.0 13 i' 1139_ _9 5. i o asoz _2.43 60 ~u.30- - - ~-- -- -~ Asswned GS= 2.70 Type: Undisturbed Client: RGH Consultants Project: Gobbi Street Intersection. Ukiah Source of Sample: I3-5 Depth: 14.0' I RGH coNSUi.T~rz~s, r_~rc. i! j -- -- -- -- ~ob Na ssoo t4 aa.t STRENGTH TEST DATA I Ptare appr. (~~~ Gobbi Street Intersection Improvements Drwr, ~i Ukiah, Califonua 13B _ L Dale. Augus~2C07 _ _. _ _.__ _-_- - - - -L-- --. _. s ,o -_ ~ R-VALUE TEST REPORT I tao - ~ ~ ~ ~ ~ ~ ~ i I ' 1 too I '__ I _ _ ~_ i __ ~ ~ ~ - I I i eo - -- ao i ~ ~ u ~- i I _ ~ ' _ _ x m v o ~ `° Q I ~ C~-1_- __ ~_ ~ - _ ~ _ ~ ~ v R N C _ ~ ~ 20 ~~ ~~ ~ ~ ~ ~ ~ _ .. _ _- 20 ~ I Q L O 600 700 600 500 400 300 200 100 Exudation Pressure -psi Resistance R-Value and Expansion Pressure -Cal Test 301 Compact Density I Moist. Expansion Horizontal Sample Exud. R R No. Pressure cf p Pressure Press. psi Height Pressure Value Value psi psf 160 psi in. psi Carr. I 100 126.2 11.7 0 136 2.53 200 9 9 Z 27S 128.2 IIS 31 IIS 2.52 X36 20 ~ 20 3 j 350 131.6 IO.o 92 72 2-a6 607 47 47 -- Test Results Material De scription R-value at 300 psi exudation pressure = 17 Dark Brown Silty Clayey Sand (SC-SM) Exp. pressure at 300 psi exudation pressure = 2; psf Project No.: 5500.14.4.1 Tested by: GEF Project:Gobbi Street Intersection, Ukiah Checked by: TMc Source of Sample: B-4 Depth: 2.0-4.0' Remarks: Date: 2/15/2007 R-VALUE TEST REPORT RGH CONSULTANTS, INC. Figure ' Joo No ssoo t4 04 t ~ RESISTANCE (R) VALUE DATA PLATE j R ~ Appr ~~ Gobbi Street Intersection Improvements Drwn ~i Ukiah, California 14 ' H Consultants, Inc. -_-- '.. -Daley Aug~.ist 2007. 1_ - _ ~__ __ __ __. i ;, r5 .., RETAINING WALL `, t•.~y~ ~: p ..A., ~~.~ DRAIN ROCK '~ ' See Note 1 =•`~~ `~ .•Q''4. 72' 4" PERFORATED PIPE .'' d~' mlr+ (See Note 2) ~`;:." • :9•:~ FINISHED FLOOR SLAB ROCK 'J,. ~ ._ .~.a ~: :~i ~ ~I;~ fell=.'IU1=:i Notes: COMPACTED NON-EXPANSIVE SOIL TO EXCLUDE SURFACE WATER 18" MIN. DRAIN ROCK OR COMPACTED BACKFILL (See Note 3) 1:1 SLOPE (See Note 4) 2" MIN 1. Drain rock should meet the requirements for Class 2 Permeable Material, Section 68, State of California "Caltrans" Standard Specification, latest edition. Drain rock should be placed to approximately three-quarters the height of the retaining wall. 2. Pipe should conform to the requirements of Section 68 of State of California "Caitrans" Standards, perforations placed down, sloped at 1% for gravity flow to outlet or sump with automatic pump. The pipe invert should be located at least 8 inches below the finished grade. 3. During compaction the contractor should use appropriate methods such as temporary bracing and/or light compaction equipment to avoid overstressing the walls. Non- expansive soils to be used as backfill. 4. Slope excavation back at a 1:1 gradient from the back of footing where expansive materials are exposed. Not to Scale - -- --- ~ob No: ssoo iaoa i RETAINING WALL BACKDRAIN prAr` ~ APPS ~{'~ ILLUSTRATION i ~ o~w~ i~ Gobbi Street [ntersection Improvements 15 ~~ Consultants, Inc. ~ i Ukiah, California Da~_- August 2007 L- ___ ~__-_.-._-___-__-- -_ _.-- _._ __ _.. ___ ___-_.. ___-_-.______. I___ _, _, i _ ,a -. _ ~._. __ __. __._. rv c. i I ___._ __ _ ___. _ I I APPENDIX B -REFERENCES Bortugno, E..1., 1982, Map Showing Recency of Faulting, Santa Rosa Quadrangle in Wagner and Bortugno, Geologic Map of the Santa Rosa Quadrangle: California Division of Mines and Geology, Regional Geologic Map Series, Map No. 2A, Santa Rosa Quadrangle, Scale 1:250,000. California Geological Sun~ey, 2002, Interactive Probabilistic Seismic Hazard Assessment Map for California: ti~ativ.consrv.ca.~ov/CGS/rehm/pshaman/pshamain.hunl. Cardwell, G.T., 1965, Geology and Groundwater in Russian River Vallev areas and in Round, Laytonville and Little Lake Valleys, Sonoma and Mendocino Counties. Californian U.S. Geological Survey Water-Supply Paper 1548, ISd p., 6 plates, Scale I :62,500. Durham, J.B., 1979, Geologic Map -- Ukiah Quadrangle, Slate of California, The Resources Agency, Department of Forestry, 15 Minute Series (Topographic). Hart, E.W., 1999 (with supplements 1 and 2), Pault-Rupture Hazard Tones in California: California Division of Mines and Geology Special Publication d2, 2~ p. Howard, RF. and Bowman, R.H., 1991, Soil Survey of Mendocino County, Eastern Part, and Trinitt~ County, Southwestern Pact. California: U.S. Department of Agriculture, Soil Conservation Service, 38 Sheets, Scale ] :24,000. International Conference of Building Officials (ICBO) 1997, Uniform Building Code, v.2, Structural Engineering Provisions. International Conference of Building Officials, 1998, Maps of Known Active Fault Near- Source Zones in California and Adjacent Portions of Nevada, California Department of Conservation, Division of Mines and Geology, Scale 1: l X6,000. Petersen, et al., ]996, Probabilistic Seismic Hazard Assessment for the State of California, California Department of Conservation, Division of Mines and Geology; Open Pile Report 96-08. Seed, H.B. and Idriss, LM., 1982, Ground Motion and Soil Liquefaction During Earthquakes: Earthquake Engineering Research Institute, Berkeley, California. r~€~ u- i KGH ; . ,_,, , ,_ _ , Seed, H.B., Tokimatsu, K., Harder, L.F., and Chung, R.M., 198, Influence of SPT Procedures in Soil Liquefaction Resistance Evaluations: Journal of Geotechnical Engineering Division, .American Society of Civil Engineers, v. III, no. 12, December, p.142~-1445. Cokimatsu, A.M., and Seed, II.B., 1987, Evaluation of Settlements in Sands due to Earthquake Shaking: Journal of the Geotechnical Division, American Society of Civil Engineers, v. 1 13, no. 8, August, p. 581-878. U.S. Department of lousing and Urban Development, Federal Insurance Administration. 1985, Flood Insurance Elate Map, City of Ukiah, California, Community Panel Number 060186 OOOIE. Vlorking Group on California Earthquake Probabilities, 2002, Summary of Earthquake Probabilities in the San Francisco Bay Region: ?003 to 2032: Note on IJ.S. Geological Sui~~ey Web Site (http://guake.us~~ov/research/seismolowhva02/summary/). 1'oud, T.L., and Idriss, LM., and 19 others, 2001, Liquefaction Resistance of Soils: swnmary report from the 1996 NCEER and 1998 NCEE}Z/NSF workshops on e~~aluation of liquefaction resistance of soils: ASCE Geotechnical and Geoenvironmental Journal, v. 127, no. l0, p. 817-833. Page H-? ~., 1. .~i .eel it _. ~ cat I I i~ I APPENDIX C -DISTRIBUTION Steven A. Allen, P.E. Senior Project Manager Winzler & Kelly Consultine Engineers 633 Third Street Eureka. CA 95501 (l,l) Tim Eriksen, P.F.. City Engineer and Director of Public Works (2,1) 300 Seminary Avcnue Ukiah, CA 95482-5400 RPR:EGC:rpr:hv Copyright 2007 by RGH Consultants, Inc. supra jcU files15~51-»00A500 14 04 I gohbi Streel inteisecn on iinproeemenis`.gs report doc Paee C-I 6eotechnical Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure Iheir services to meet the specific needs of Iheir clients. A geolechnical engineering study conducted for a civil engi- neer may not fulfill the needs of a construction contractor or even another avil engineer. Because each geolechnical engineenng study is unique each geolechnical engineering report is unique, prepared so/elylor the client. No one except you should rely on your geolechnical engineering report wdhoul Iir51 conferring with the geolechnical engineer who prepared il. Andnoone -nor even you- should apply the report for any purpose or projr:ct except the one originally conlemplaled Read the Full Report Serious problems have occurred because those relying on a geolechnical engineering report did not read ~t all Dn nnl rely on an executive summary. Do not read selected elements only. A 6eotechnical Engineering Report Is Based on A Unique Bet of Project-8pecdlc Factors Geotechn~cal engineers consider a number of unique, project-specdic lac tors when establishing the scope of a study. Typical factors include the cheefs goals. obfeclives. and risk managernenl preferences, the general nature of the stnir,lure involved. its size. and conliguralion. the location of the sUuclure on the site. and other planned o[ existing site improvements, such as access roads. packing loss, and underground utilities. Unless the goctechnical engineer who conducted the study specdically indicates oth- erwise. do not rely on a yeolechmcal engineering report Ihal was • not prepared for you, • not prepared for your project. • not prepared fur the specific silo explored, or • completed before important project changes were made fypiral changes that can erode the reliability of an existing geolechnical engineenng report include Ihose that affect • the function of the proposed structure. as when it's changed from a parking garage to an office building. or Irom a light industrial plan) to a retngeraletl warehouse, • elevation, conliguralion. location, orienlztion, or weight of the proposed sfrucWre, • composition of the design team, or • project ownership. As a general rule. always inform your geotec:hnical engineer of project changes-even minor ones-and request an assessment of their ~mpacl Gealechniral engineaa arnnol accept responsibd~ry or liabrliry Tor problems Thar occur because (hair reports do not consider developments n! which They were no(inldrmed Subsurface Conditions Can Change A geolechnical engineeriny report is based on condd~ons that existed al Ine time the study was perlonned. De not rely on a geolechnical engineer mg report whose adequacy may have been affected by the passage of lime. by man-made events, such as construction on or adjacent Ic the site, or by natural events. such as floods, earthquakes. or groundwater flucara lions Alnays contact the geolecbrocal engineer Uelore applying the repeat to determine if it is still reliable. A minor amount of additional testing of analysis could prevent motor problems Most Geotechnical Findings Are Professional Opinions Site exploration identities subsurface rondilions only al those points where subsurlare tests are condurled or samples are taken. Geolechnical engi- neers review field and laboratory data and then apply their professional judgment to render an opinion about sdbsurlace conditions Ihroughoul the site. Actual subsurface conditions may differ--sometimes significantly - trom Ihose ind,cated in your report. Retaining the geolechnical engineer who developed yow report (e provide cons[ruciion observation is the most effective method of managing the nsks associated with unanticipated conditions A Report's Recommendations Are llbt Final Do not overrely on the construction recommendalionsTncluded in your report. Those recommendaliunsore not final, because geolechnical engi- neers develop them principally Irom judgment and opinion. Geotechnica engineers tan finalize their recommendations only by observing actual 6eotechnical Engineering Report subsurface condiucns revealed during construclion. The geolechnical englheer who developed your report cannot assume responsibility or liability for the report's recommendations illhat engineer does not perform consliuclion observation. A 6eotechnical Engineering Report Is Subject to Misinterpretation Other design team members' misinterpretation of geolechnical engineering repods has resulted in costly problems. Lower that risk by having your gea technical engineer confer with appropriate members of the design team aher submitting the repod Also retain your gaoler hnical engineer to review perti- nent elements of the design learn s plans and sp<'cificalions Conhaclors ran also misinterpret a yeolechnical engineering repod Reduce Thal risk by having your geolechnical engineer participate in prebid and preconsirurtion conferences, and by providing construclion observation Do Not Redraw the Engineer's Logs Geotechmcal engineers prepare kraal boring and testing logs based upon (heir inlerprelation of field logs and laboratory data. To prevent errors or omissions, the logs included in a geolechnical engineering report should never be red2wn for inclusion in archileclural or other design drawings. Only photographic ar electronic reproduction is acceptable, but recognize bhal separaling logs Irom (he report can elevate risk Give Contractors a Complete Report and Guidance Some owners and design professionals mistakenly believe they ran make contractors liable for unanticipated subsurface conditions by limiting what ttiey provide for bid preparation- To help prevent costly problems, give con- lraclors the cornplele geolechnical engineering report, bulpretace it with a clearly written letter of Imnsmitlal In Thal letter, advise contractors Thal the repod was not prepared for purposes of bid development and that the capon's accuracy is limited: encourage them to confer with the geolechnical engineer who prepared the repod (a modest lee may be required) and/or to conduct additional study to obtain the specific types of information they need or prefer. A prebid conference can also be valuable Be sure conlrao- tors have sulhcient trmeto penorm additional study. Only Then might you be in a position to give conlraclors the best inlormalion available to you, while requiring them to al least share some of the financial responsibdihes slamming from unanticipated conditions Read Responsibility Provisions Closely Some clients, design professionals. and conlraclors do not recognize That geolechnical engineering is tar less exact than other engineering disci- .! Alines This lack of understanding has created unrealistic expectations that have led to disappoinimenls, claims, and disputes. Tn help reduce the risk of such outcomes, geolechnical engineers commonly include a variety of explanatory provisions in (heir reports. Sometimes labeled 'limitations' many of these provisions indicate where geolechnical engineers' responsi- bifties begin and end, to help others recognize their own responsibil~lies and risks. Bead these provrsions closely Ask questions Your geotrchmcal engineer should respond hilly and Irankly- 6eoenvironmental Concerns Are Not Covered the equipment. techniques, and personnel used to perform a geoenvuon- menfalstudy differ siynificanlly Irom Ihase used to perform a geofechnlcal study. For Iha( reason, a geolechnical engineering capon does not usually relate any geoenvironmental findings, conclusions, or recommendations, e.g ,about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated environmental problems have led to numerous project failures. If you have not yet obtained your awn geoen- vironmental inlormalien, ask yow geolechnical consultant for risk man- agementguidance Do no! rely on an environmental report prepared Ior someone else. Obtain Professional Assistance To Deal with Mold Diverse slralegies ran be applied during building design, construction, operation, and maintenance In prevent significant amounts of mold from growing on indoor sunaces To be effective. all such slralegies should be devised for the express purpuseof mold prevention. integrated info a cony prehensive plan, and executed with diligent oversight by a professional mold prevention consultant Because just a small amount of water or moisture cyan lead Io (he development of severe mold infestations, a num- ber of mold prevention strategies locus on keeping building surfaces dry Whilo yroundwalec water infillralion, and similar issues may have been addressed as pad of the geolechnical engineering study whose findings are conveyed in (his report, the geolechnical engineer in charge of this project is not a mold prevention consultant: none o1 the services per- Iwmed in connection with the geolechnical engineer's study were designed or conducted tar the purpose of mold preven- tion. Proper implernentalion a! the recommendations conveyed in This report will not o! itself be sullicienl la prevent mold Irom growing in ar on the structure involved. Rely, on Your ASfE-Member 6eotechncial Engineer for Additional Assistance Membership in ASFE/The Best People on Eadh exposes geolechnical engineers fo a wide array of risk management techniques that can be of genuine benefit for everyone involved with a construclion project. Cooler with you ASFE-member geotahnical engineer for more inlormalion. ASFE f~~ ~~ft HUb ~~ IvO Oii I I Colesvdle Road/Style GiOri. Srlvm Spnny, MD 24ll0 iriephi.ne 901/SF,5-2733 facsrniie 3r11/SRO-201i email inlpCnasre orq w:vw acre org CopynpN 2WJ oY ASFE. Inc. nupb[abon, reprpoucfrbn, or copying of (tics oarmrrenf m white or in pan by any In41n5 innal5oever, r5 sbiClty probibden Cx[Cpr Mm ASFE3 specrli[ wnpen cermissan. fxcerp(inp buolrrq, or olhenvise exrwcting woroinp Irom mss oocumm~l rs cermrttea ony with the express written permrssron o/ASFE. arq Onry /a purposes al scholary researM or boob rene:v Only members of ASFE may use this oocunrenr u a compkmenr m pr as an erenxm of a geolrcnmcai engineennp report Arry other Ann. rrrorvraual or Artier enbM1 mat so uses rNS op<umenf wrtboul bung an ASFf member mul0 be comnu!(uy rregligent or mlenrronaf flrauouknq mrtrepresen6iban. i~Gfa060~5 eF.t .. t,; i ^cn rYir SS ld'i'- 1HG15-b7 15:86 Attachment # (~ -~ \/eF~i~:le and Equipmen# Cleaning Py ~G J ~~c Standard Symbol BMP Objectives Soil Stabilization ~~ Sediment Control '~ Tracking Control Wlntl Erosion Control • Non-Storm Water Management Materials and waste Management NS- Definition and Vehicle and equipment cleaning procedures srzd practices are uszd to minimise ur PurpOSe eliminate the discharge ofpollutanrs frond vehicle and equipment cleaning operations to stomt dtaiu System or to watercourses. Appropriate These procedures azc applied on all cottsttuction salts where vehicle and AppllCations equipment cleaning is performed. Limitations r None. Standards 2nd ^ On-site vehicle and equipment washing is discouraged- Specifications ^ Cleaning of vehicles attd egttiprnent with soap, soh'ents or steam shall not occur on the project site unless the Resident Pngineer ("REj has been notified in advartce and the resulting wastes are fully contained and disposed oT- outside the highway right-of--way in conformance with the provisions in the Standard Specifications Section 7-1.13. lZesulting wastes and by-products shall not b2 discharged or buried within the highway right-of-way, attd must be captured and recycled or disposed according to the requirements of WM-]0, "Liquid Waste Management" ar WM-h, "Elazazdous Waste rifanagemetat," depending on the waste characteristics. Minimize use of solvents. The use of diesel for vehicle and equipment cleaning is prohibited. ^ Vehicle and equipment wash water shall be contained for percolation or evaporative drying away from storm drain inlets or watercourses and shall nut be discharged within the highway right-of-w•ay. Apply sediment control BMPs if applicable. ^ All vehicleslequipment that regularly enter and lease the construction site must be cleaned off-site. ^ Wheu .-ebicle,`oquipmcnt washing'cleartittg must occur onsite, and the Caarans Slorm Water Quality Handtwoks Section 7 Consbuc6on Site Best Management Practices Manual Vehide and Epuipment Cleaning NS-a rev Merch 1, 2003 1 of ? .-_. . ,. _. ~~_,-roor~~o Id-1~-H7 SS:B6 Pg: 3 S~ Vehicle and Equipment Cleaning NS-8 operation cannot be located within a struc[ure or building equipped wit17 appropriate disposal faciliti?s, the outside cleattin~ area shall have the following characteristics, and shall he atran¢ed with the construction stom, water coordinator. - Located away from storm drain inlets,; drainage facilities, or watercourses. - paved with concrete or asphalt and bermed to contain wash waters and to prevent nm-on end runoff. - Configured witp a sump to allow' collection and disposal of wash water- - Wash waters shall not be dischazged to storm drains or watercourses. - Used only when necessary. ^ When cleaning vehicles%equipmeizt w;th water: - Use as little water as possible. High pressure sprayers may use less water than a hose, and shall be considered. - Use positive shutoff valve to minimize water usage. -- Facility wash racks shall discharge to a sanitary sewer. recycle system or other approved discharge system and shall not discharge to the. storm drainage system nr watercourses. Maintenance and ^ The control measure shall he inspected at a minimum of once a week. Inspection ^ ]vTonitor employees and subcontractors throughout the duration of the construction project to ensure appropriate practices are being implemented. ^ Inspect sump regularly and remove liquids and sedin•~cnt ay needed or as directed by the RE. L~ Caarans Storm Water Quality Handbooks Construction Site Hast Management Practlces Manual Season 7 may,,,,, March 1, 20103 Vehicle and Equipment Cleaning NS$ 2af2 S:ax `rom "lid "l4'-~SY2,8 10-15-0? 15:86 ~- 3 Vehicle and Equipment Fueling r;,: ~ ;,; I ~~ !I M~ ~ u~ ,,~: ~ G' i ni i ~P i~ '' FUELING ' AREA ,~ ~ i ~~ ,I ~~ ~,i ~ ~~I r' ,~~if i,iii i ;~,'' ill `i ~ ~ a ~ s ~~ i iI Iii ~ it ,.; , d nh ~qb ti ~ ~ ;i "~ti; 'i~~ i i~4 i . I a ~ r 1 ~' { 1 ~. ~ i _ , . I ~: L 1 III I4 I I~IIII i III III ~Ipp1 i ~ ~ '•° i . I' q ~~ ~II III ~ li jiiYlll~~ii ii i~ 1 ~~Ii i i ~~~ ~ . ti ~ i i i r l ~i Py: 4 NS- ~~ ~~F Standard Symbol BMP Objectives Soil Stabilization ~ Sediment Control ~ Tracking Control Wlnd Erosion control • Non-Storm Water Management o Materials and Waste Management Definition and ti'ehicle and zquipment fueling procedures and practices are designed to minimize PurpOSe or eliminate the discharge o£fuel spills and leaks into storm drain systems or to H'atercOW SeS- Appropriate These procedures are applied on all construction sites where vehicle and Applications equipment fueling takes place. LimltationS ^ Onsite vehicle and equipment fiteling shall only be used where it's impractical to send vehicles and equipment off=site for :fueling. Standards grid ^ When fueling must occttr onsite; the contractor shall select and designate an Specifications area to be used, subject to approval of the kesident .E.ngineer (REI. ^ Absorbznt spill clean-up materials and spill }:its shall be available in fueling areas and on fueling trucks and shall be disposed of properly after use. ^ Drip pans or absorbent pads shall be used during vebicle and equipment fueling, unless the fueling is performed over an impetmeablc surface in a dedicated fooling area. ^ Dedicated fueling areas shall be protected from storm, water run-on and nmoff, and shall be located at least 1 S m (50 ftl tiom downsheam drainage facilities and watercourses. Fuelling mwt be performed on level-grade areas. ^ Nozzles used in vehicle and equipment fueling shall be equipped with an automatic shut-off to control drips. Fueling operations shall not be left unattended. ^ Protect fueling areas with berms aatd/or dikes to prevent run-on, runoff, and to Contain spills. Caltrans Storm Water Quality Handbooks Section 7 Construction She Best Management Practices Manual Vehicle and Equipment Fueling NS.9 ~ March t, 2003 ~ ~ 2 tar. arom rrrrv'~SldbkS lE-1S-d7 1S:d5 I'g: S Vehicle and Equipment Fueling ~~ ~ NS 9 r Use vapor recovery nozzles to help control drips as .yell as air pollution where required by Air QuaGry' ]Management llistricts (:\QMUI. Ensure the nozzle is secured upright when not in use. ^ Fue] tanks shall not be "topped-off." ^ ~%ehieles and equipment shall be inspected on each day of use for leabs. Leaks shall be repaired inttnediately or problem vehicles or equipment shall be removed from the project site. r Absorbent spill clean-up materials shall be a~ ailable in fueling and maintenance areas and used on stnalt spills instead of hosing down or burvine techniques. The spent absorbent material shall be removed promptly and disposed of properly. ^ Federal, state, and local requirements shall be observed for any stationary_ above ,Found storage tanks. Refer to ~VItiI-l, "Material Deliven~ and Storage." ^ Mobile fueling of construction equipment throughout the site shall be minimized- Whenever practical, equipment shall be transported to the designated fueling area. Maintenance and ^ Fueling areas and storage tarns shall he inspected regularly. Inspection ^ Keep an ample supply of spill cleanup material on the site. ^ Immediately cleanup spills and properly dispose of contauunated soil and cleanup materials. Cattrarts Stone Water quality HarWeooks Seaion7 Construction $Fle Best Management Practices Manuaf Vehicle and Equipment Fueling NS•9 A1arCh 1, 2003 loft _n _ irJl"r~-,ti ll pN iH-i5-H7 ZS:fjh ~~ ~^ 1Jehirle and Equipment Maintenance ry: ~~~ ~~~ ~ s[anaara symbol BMP Objectives Soil Stabilization c Sediment Control Tracking Control o Wintl Erosion Control • Non-Storm Water Management o Materials and Waste Management NS-10 Definition and Procedures and practices ro tnixumize or eliminate the dischazge of pollutants to PUrpOSe the storm drain systems or to watercourses from vehicle and equipment maintenance procedures. Appropriate These procedures aze applied on all construction projects where an onsite yard AppliCation5 area is necessary for storage and maintenance of bea~ry equipment and vehicles. Limitations ^ None identified. Standards and ^ Drip pans vx ahsvrbent pads shall be used during vehicle and equipment Specifications maintenance work that involves fluids, tmless the maintenance work is performed over an impet7tteable surface in a dedicated maintenance area. ^ All maintenance areas are required to have spill kits andior use other spill protection devices. ^ Dedicated maintenance areas shall be protected from storm water run-on and runoff, and shall be located a[ least 15 m (50 ft) from downstream drainage facilities and watercourses. ^ Drip Pans or plastic sheeting shall be placed under all vehicles and equipment placed on docks, barges, or other structures Deer water bodies when the vehicle vx equipment is platuted to be idly for more than one horu. ^ Absot~ent spill clean-up materials shall be available in maintenance areas and shall be disposed of properly after use. Substances used to coat asphalt transport trucks and asphalt-spreading equipment shall he non-toxic. ^ Llse off-site maintenance :facilities whenever practical. Caarans Storm Water Quality Handbooks Section 7 Construction Site Best Management Praetlce6 Manuat Vehicle and Equipment Maintenance NS-00 ~ March 1, 2003 t 07 y Nax Iron rtlf9~,'.iS ldbd 1k7-7.5-9'l Lb:y7 Yg ~~-- ~' \/ehicle and Equipment Maintenance NS-10 ^ Fur lung-term projects, consider constructing roofs or using portable tints over maintenance areas. ^ Properly dispose of used oils, fluids; lubricants. and spill cleanup materials. ^ Po not dump fouls and lubricants onto the Bound. ^ 1>o not place wed oil in s dumpster or pour into a storm drain or watercotuse. ^ Properly dispose or zccycle used batteries. ^ Do not bury used tires. ^ Rcpau of Ruid and nil leaks immediately. ^ Provide spill containment dikes or secondary contaittntent around stored oil and chemical drums. Maintenance and ^ h'Iaintain waste fluid containers in leak proof condition. Inspectign ^ Vehicle and equipment maintenance areas shall he inspected regularly. ^ Vehicles and equipntctat shall be inspected on each day of use. Leaks shall be repaired immediately or the problem vehicle(s) or equipment steal] be removed from the project site. ^ Inspect equipment for damaged hoses and leaky gaskets routinely. Repair or replacz as needed. Caltrans Stonn Water Quality Handbooks SeCllon 7 ConStruMion Site Best Management Practices Manual Vehicle and Equipment Maintenance NS-10 Mamh t, 2003 2 Of 2 ATTACHMENT oZ City of Ukiah MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS Response To Comments Gobbi Street Realignment Project Prepared by the City of Ukiah Department of Planning and Community Development and the Department of Public Works April 1, 2008 TABLE OF CONTENTS Introduction ............................................................................................................................ 1 Document Distribution ............................................................................................................. 1 List of Commentors ................................................................................................................. 1 Review and Decision-Making Process ........................................................................................ 2 Response to Comments ........................................................................................................... 2 Conclusion .............................................................................................................................. 8 Mitigation Measures ................................................................................................................ 9 Attachments 1. Comment Letters 2. Confirmation Letter from the State Clearinghouse 3. Storm Water Best Management Practices for New Development and Redevelopment for the Santa Rosa Area and Unincorporated Areas Around Petaluma and Sonoma. EOA, Inc. and BFK Engineers, May 3, 2005. 4. CalTrans Standard Special Provisions (SSP) for "Preservation of Property" and "Environmental Sensitive Areas" 5. Control Measures NS-8, NS-9 and NS-10 of the CalTrans Storm Water Quality Handbooks, Construction Site Best Management Practices Manual 6. Sections 13-02, "Water Pollution Control" and 13-03, 'Temporary Erosion Control" from the Orchard Avenue Bridge Extension Project Technical Specifications - To be included in the Technical Specifications for the Gobbi Street Realignment Project. I. INTRODUCTION On August 27, 2007, staff completed an Initial Environmental Study of the proposed Gobbi Street/Babcock Lane/Oak Manor Drive Realignment project. The results of this study revealed that the proposed project could create significant adverse environmental impacts. However, Staff was able to identify mitigation measures to eliminate or reduce these impacts to levels of insignificance, and therefore a Mitigated Negative Declaration was prepared for the project. A thirty (30) day public review period was established and notice of the availability of the document for review was published in the Ukiah Daily Journal and distributed to interested parties and local agencies. II. DOCUMENT DISTRIBUTION The Initial Study and proposed Mitigated Negative Declaration were sent to the State Clearinghouse for the distribution to State agencies for a thirty (30) day review and comment period. The following State agencies received a copy of the document from the Clearinghouse: • Department of Fish and Game -Region lE • Reclamation Board • Department of Parks and Recreation • Department of Water Resources • California Highway Patrol • California Department of Transportation -District 1 • California Department of Transportation -Aeronautics • Air Resources Board, Transportation Projects • Integrated Waste Management Board • State Water Resources Control Board -Clean Water Program • Regional Water Quality Control Board -Region 1 • Department of Toxic Substances Control • Native American Heritage Commission • Public Utilities Commission At the close of the review period, none of these agencies submitted comments. A copy of the review confirmation letter and Clearinghouse Data Base sheet are attached to this document. The document and associated Notice were also sent to the Mendocino County Water Agency, who had participated in initial City Council discussions regarding the design of the project. This Agency submitted a letter commenting on the proposed Mitigated Negative Declaration. Additionally, a copy of the document and associated Notice were sent to Ms. Linda Sanders of the Friends of Gibson Creek, a localinterest group, who had expressed interest in the project. III. LIST OF COMMENTORS Written comments to the proposed Mitigated Negative Declaration were received from the following individuals: Denis Slota, Mendocino County Water Agency Linda Sanders, Friends of Gibson Creek The concerns expressed in the correspondences relating to the adequacy of the proposed Mitigated Negative Declaration focused on erosion control, water quality, tree protection, bank stabilization, and project design. Additionally, the State Department of Fish and Game submitted comments on January 17, 2008; approximately two months after the formal review period had ended. While no formal response to their comments is provided, it is noted that their comments were substantially consistent with the comments provided by the Mendocino County Water Agency and Ms. Linda Sanders of The Friends of Gibson Creek organization. To that end, the responses to these comments address the comments submitted late by the State Department of Fish and Game. All three comment letters are attached to this document. IV. REVIEW AND DECISION-MAKING PROCESS The Response to Comments document will be distributed to the individuals that have commented on the proposed Mitigated Negative Declaration prior to the consideration by the decision-makers. The City Council will discuss and consider the Initial Study, proposed Mitigated Negative Declaration, comment letters, and response to comments, and then make a decision as to whether the document is adequate for the project and meets the requirements of CEQA. The City Council meeting will be noticed for public participation. V. RESPONSE TO COMMENTS Letter received from Linda Sanders/Friends of Gibson Creek - Ms. Sanders provides the following five comments: Comment No. 1: "The proposed riparian planting are insignificant and inconsistent with the design which requires access for culvert maintenance and results in steep creek banks with rip rap." Response: The 40 percent design plans do not include a Landscape Plan. As stated in Section 8 of the Mitigated Negative Declaration, permit applications for a 1602 Steambank Alteration Agreement, a Section 404 Permit, and a Clean Water Act Section 401 Water Quality Certification will need to be submitted to the California Department of Fish and Game (F&G), the Corps of Engineers (COE), and the Regional Water Quality Control Board (RWQCB), respectively. It is anticipated that F&G and RWQCB will require a three to one tree replacement plan and the restoration of riparian vegetation. Upon receipt of their comments, a Landscape Restoration Plan will be prepared and included in the Final Project Plans which will be re-submitted to the Resource Agencies for their approval. As stated in the Recommended Mitigation Measure No. 6, the plantings as recommended in the Gibson Creek Habitat Enhancement and Public Access Study will be utilized in the Landscape Restoration Plan. The open area between the proposed culverts must remain accessible to work crews for the maintenance of the creek bed at this location. As a result of the change in the existing slope of the creek bed, gravel deposits occur at this location. As evidenced under existing conditions, the gravel accumulation at this location will restrict flow in the channel causing localized flooding and the excess deposits must be removed on an occasional basis. In order to maintain 2 the existing creek alignment as much as possible, it is necessary that the east line of the creek be as close to the southwest curb return as feasible. To accomplish this, the east side of the open area is to be a vertical concrete wall which is a continuation of the culvert walls and it retains the embankment for the new sidewalk return and ADA access ramp. The west side of the open area is to be sloped with rock rip rap for the protection of the creek bank against the force of the diverted creek flow. The Stone rip rap will also provide a protective surface over which the maintenance crews will access the creek bed when it comes time to remove excess gravel accumulations. Comment No. 2: "There is vegetation on the southeast portion of the project that provides shade to the creek bed. Six trees will be removed in this area for the realignment project." Response: As noted on the 40 percent design plans, there are four (4) trees along the west fence line of the property located at the southeast corner of the Project. The distance between these trees and the existing east top of creek bank ranges from 50 feet to 32 feet as measured perpendicular to the bank and these trees may provide some shade for the creek bed. The four trees are 12" Locust, 14" Cedar, 10" Locust, and a 28" Cedar. All but the 28" Cedar are to be removed and the proposed sidewalk return will cover the west half of the drip line zone of the 28" Cedar. As referenced in the Response to Comment No. 1 above, it is anticipated that a three to one tree replacement plan will be required by F&G and RWQCB. Tree placement will most likely occur at the east side of the outlet of the proposed Babcock culvert and at locations between the proposed vegetative swale and the rip rapped west bank of the open area between the new culverts at locations which will not interfere with creek bed maintenance access. It is to be noted that the new culverts will also provide considerable shade over the creek bed. Comment No. 3: "The Negative Declaration does not provide any protection measures for safeguarding the drip line for the heritage oaks in the northeast and northwest part of the project during construction." Response: Section 7-1.11, Preservation of Property, of the Project Standard Specifications (2006 Edition of Caltrans Standard Specifications) requires the Contractor to exercise due care to avoid injury to existing highway facilities, utility facilities, adjacent property and roadside trees, shrubs, and other plants that are not to be removed. This Section requires the Contractor to protect the facilities and items not to be removed from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, approved by the Engineer, to protect the objects from injury or damage. Specific methods of protection are noted specified in this specification section. Staff proposes to add to the Project Special Provisions the Caltrans Standard Special Provisions (SSP) entitled "Environmentally Sensitive Area" and "Preservation of Property" (copies attached to this response). The former SSP requires the contractor to install a temporary fence (Type ESA) around the boundaries of an environmentally sensitive area (ESA) where designated on the plans. It is proposed that the Final Project Plans designate as ESA's the drip lines of all tress that are to remain and that are adjacent to work areas. The latter SSP specifies in more detail 3 how the Contractor is to repair or replace plantings that are designated to remain but are damaged by reason of the Contractor's operation. There are two heritage oak trees located at the northwest corner of the project site. The drip line of the most westerly heritage oak is currently impacted by the asphalt concrete sidewalk and ramp and the ramp's retained embankment at the west side of the existing pedestrian bridge. The pedestrian bridge is to be removed as a part of the Project including the ramp and its embankment. The existing asphalt concrete sidewalk will be replaced with Portland cement concrete sidewalk and curb and gutter, however, the new pavement surfaces adjacent to the southerly drip zone of the heritage oak will be less than what exists today. To facilitate the demolition of the ac ramp and embankment and the removal of the pedestrian bridge, it will be necessary that the contractor work within the drip line zone of the referenced tree. It is proposed that a note be placed on the final Project Plans calling for the protection of the northerly drip zone of the referenced tree. The drip line zone of the most easterly heritage oak will be noted as an ESA on the Final Project Plans. Comment No 4: "We are pleased that some bio-swales have been incorporated into the revised design but are not sure that they will significantly reduce the inflow of contaminated runoff into the creek. An underground filtration system will help with water quality problems from pollutants like metals and hydrocarbons." Response: It is proposed that the bio Swale noted for the southwest corner of the Project be a vegetated Swale type conforming to the requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP) developed by the Sonoma County SUSMP Technical Committee. The vegetated Swale will treat only that portion of the storm water runoff generated from the south half of the west leg of the intersection and west half of the south leg of the intersection. Given the project area constraints, it is not proposed that existing pavement drainage patterns which currently direct storm water runoff to the creek be modified. Existing road storm water runoff (runoff) generated within the west half of Oak Manor is currently directed via curb and gutter to an existing drain inlet which discharges to Gibson Creek. Existing runoff from the east half of Oak Manor is directed to the north side of Gobbi Street east of the intersection via curb and gutter and the curb return at the northeast corner. Drainage is directed into a drain inlet and discharged into a storm drain which discharges to the Russian River. Existing runoff from the north half of Gobbi Street west of the intersection is directed to a culvert inlet via curb and gutter and an asphalt drainage Swale located at the base of the ramp embankment at the west end of the pedestrian bridge. The culvert discharges directly to Gibson Creek. Runoff generated near the US 101 interchange and Gobbi Street is directed into an existing storm drain in Gobbi Street via drain inlets and is discharged directly into Gibson Creek at the west bank just south of the existing bridge. Existing runoff from the south half of Gobbi Street west of the intersection is directed via curb and gutters to the undeveloped southwest corner of the intersection and ponds. Existing runoff from the east half of Babcock lane sheet flows into Gibson Creek. Existing runoff from the west half of Babcock Lane near the intersection sheet flows to the undeveloped southwest corner and ponds. The existing runoff patterns that are being modified by the project are the south half of Gobbi Street and the west half of Babcock Lane. The proposed vegetative Swale at the southwest corner of the Project will receive and treat the runoff from the modified drainage patterns. a It will not be feasible to construct the proposed vegetative Swale shown at the southeast corner because of the need to provide vehicular access to the car garage located just south of the residence. If possible, a high point in the new southeast curb return will be provided to direct as much runoff from this corner to the south side of Gobbi Street just east of the intersection. Comment No. 5: "We object to the passive language for including a bicycle path....We recommend that the wording in the Negative Declaration be changed from "Should" to "Shall" (See page 25 Mitigation Measure No. 28) and recommend that it read as follows: "Bicycle lanes shall be incorporated into the Gobbi Street roadway final design." Response: Striping for class 2 bicycle lanes will be provided on the west leg of the intersection where Gobbi street will be fully developed under this Project; the striping will be the continuation of the existing striping and it terminate at the west line of Babcock Lane. The Project does not include the widening of Gobbi Street east of the project or the acquisition of the single family home which would be needed to accomplish any road widening on the south side. When Gobbi Street east of the intersection is widened, class 2 bike lanes will be provided in accordance with the City's adopted Bicycle Route Master Plan. Letter received from Dennis Slota, Mendocino County Water Agency - Mr, Slota provides seven comments: Comment No. 1: "Staff recommends changing the rip rap design to a bioengineering design." Response: As stated in the response to Comment No. 1 received from Ms. Sanders, "the open area between the proposed culverts must remain accessible to work crews for the maintenance of the creek bed at this location. As a result of the change in the existing slope of the creek bed, gravel deposits occur at this location. As evidenced under existing conditions, the gravel accumulation at this location will restrict flow in the channel causing localized flooding and the excess deposits must be removed on an occasional basis. In order to maintain the existing creek alignment as much as possible, it is necessary that the east line of the creek be as close to the southwest curb return as feasible. To accomplish this, the east side of the open area is to be a vertical concrete wall which is a continuation of the culvert walls and it retains the embankment for the new sidewalk return and ADA access ramp. The west side of the open area is to be sloped with rock rip rap for the protection of the creek bank against the force of the diverted creek flow. The Stone rip rap will also provide a protective surface over which the maintenance crews will access the creek bed when it comes time to remove excess gravel accumulations." Comment No. 2: "Functional bioswales require the appropriate selection of vegetation that should be identified for the contractor." Response: As stated in the response to Comment No. 4 received from Ms. Sanders, it is proposed that the bio swales be a vegetated Swale type conforming to the requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP) developed by the Sonoma County SUSMP Technical Committee. The design of the Swale and the plant material to be used for the vegetated Swale will be shown on the Landscape Restoration Plan that will be incorporated into the Final Project Plans. Comment No. 3: "Plate 2 on the 40% design submittal shows a storm drain entering the creek at Station 12+22. Is this a new or existing storm drain? If it is a new storm drain, the stormwater should be filtered, preferably through vegetation prior to discharge into Gibson Creek." Response: The 18" storm drain shown on Sheet C-1 which begins at a new storm drain manhole at station 12+22 is a relocation of the existing 18" CMP storm drain that currently discharges to the west side of Gibson Creek just south of the existing bridge. Please refer to the description of the existing road runoff drainage patterns that are provided in the response to Comment No. 4 received from Ms. Sanders. Comment No. 4: "Staff recommends implementing the bank reshaping and inclusion of the vegetation for the site as identified in Figure 5 in the Gibson Creek Habitat Enhancement and Public Access Study." Response: There are two Sections shown on Figure 5 of the Gibson Creek Habit Enhancement and Public Access prepared for the City of Ukiah by LSA Associates, Inc dated September 2000 (the Creek Study); Figure 5 is entitled "Oak Manor Park Sections." Section A, "Existing Creek at Park", depicts the general sectional characteristics of that portion of Gibson Creek lying within Oak Manor Park and Section B, "Proposed Creek," depicts the desired sectional characteristics of the creek within the Park. In Section B, the creek is shown to be widened on the park side of the creek (east side) with a new east berm and an increased flood zone with desired plantings and bioengineered slope protection just above the proposed low flow zone of the creek. On page 11 of the Creek Study under paragraph 3, "Oak Manor Park and School," subparagraph b, "Opportunities," it is stated "This portion of Gibson Creek is within the 100 year flood zone and is highly visible from public viewpoints. Consequently, improvements in this portion of the creek should have a high priority. Oak Manor Park provides an ideal demonstration site for creek restoration project, with easy public access along the shoreline and high visibility to adjacent neighbors. A wider creek corridor can be created on the east bank by excavating the turf area. This would create a broader more natural series of flood terraces. Only minor relocation of play structures would be needed to improve the creek corridor in this area (see Figures 5 and 6)." It is not clear if the commenter is recommending that the open creek area between the proposed culverts be configured to the section shown in Section B of if the Project should include Creek Restoration Work in Oak Manor Park. Assuming the recommendation pertains to the creek open area between the proposed culverts, given the length of the open area as measured along the centerline of the creek bed (60 feet between outlet and inlet), the width of the new culverts (17 feet), the need to channel flow from outlet to inlet, the limited right of way to the west of the creek open area, and the need to provide access for maintenance crews as explained in the response to Comment No. 1 received from Ms. Sanders, it is completely impractical to provide the desired sectional improvements shown in Section B of Figure 5 for 6 the open creek area between the proposed culverts. As shown on Sheet C-3 of the 40% Design Plans, the inlet of the upstream culvert is configured to fit the existing configuration of the creek eliminating the need to construct a flow transition upstream. The desired creek configuration downstream of the lower culvert and along Babcock Lane is depicted in Figure 3 of the Creek Study and cannot be achieved unless additional right of way beyond the Project Limits is acquired. Comment No. 5: "'?he source of water for dust control should be stated and should not be Gibson Creek." Response: Section 1 through it of the City's General Specifications and Section 12, "General Information", will be a part of the Project Special Provisions. Section 12-16, "Watering", states that "The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 17, "Watering," of the Standard Specifications except as modified by these Special Provisions". Generally the following is added to this Section: "The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City's Public Utilities Department and upon the payment of a meter deposit." It is recommended that the following be added to Section 12-16: "Under no conditions will water be taken or drawn from Gibson Creek." Comment No. 6: "For clarification, page 17 references construction of a bioswale at the southwest corner of the intersection. However, my understanding is that two bioswales will be constructed, on the southwest and southeast corners." Response: As stated in the Response to Comment No. 4 received from Ms Sanders, it will not be feasible to construct the proposed vegetative swale shown at the southeast corner because of the need to provide vehicular access to the car garage located just south of the residence. The Final Design Plans will show a paved approach between the road edge and garage. The remaining distance from the approach to the southeast curb return is not sufficient fora bioswale. If possible, a high point in the new southeast curb return will be provided to direct as much runoff from this corner to the south side of Gobbi Street just east of the intersection. Comment No. 7: "Mitigation Measure 20 is unclear on whether a fossil fuel filtering device will be required for storm drain inlet protection. Staff recommends the filter." Response: Mitigation Measure No. 20 states "No drainage is allowed to be routed over sidewalks. Storm drain inlets must be protected by a fossil fuel filtering device if required by the Engineer". The manner in which the second sentence is structured, it appears that the requirement so stated applies to Best Management Practices (BMP) during construction by the inclusion of "if required by the City Engineer' under those conditions where fueling of construction equipment is allowed onsite. It is recommended that a Section 12-10, "Stream Pollution," be included in the pending Project Special Provisions which would read: "Section 12-10. The Contractor shall exercise every reasonable precaution to prevent polluting, muddying, or silting of stream beds and drainage courses and the Contractor is advised that the terms of this contract do not relieve him or her of the responsibility for compliance with 7 Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. The Contractor's attention is also directed to Section 7-1.016, "Water Pollution", of the Standard Specifications and to Section 13-02, "Water Pollution Control," of these Special Provisions concerning the requirement for submittal to the Engineer for approval a written program for the control of pollution to Gibson Creek and to adjacent drainage courses during construction of the Project. Said written program shall include the erosion control provisions required by Section 13-03, "Temporary Erosion Control," of these Special Provisions." It is further recommended that the attached Sections 13-02, "Water Pollution Control," and 13- 03, "Temporary Erosion Control," be included in the pending Special Provisions. As required by Section 13-02, the Water Pollution Control Plan (WPCP) that the Contractor is required to submit to the Engineer for approval shall incorporate control measures addressing the following areas: 1. Soil stabilization practices 2. Sediment control practices 3. Sediment tracking control practices 4. Wind erosion practices and 5. Nonstorm water management and waste management and disposal control practices. The provisions of Section 13-02 require the Contractor's water pollution control work to conform to the requirements of Caltrans Storm Water Quality Handbooks. Control Measure No. NS-9 of the Caltrans Storm Water Quality Handbooks specifies how on-site fueling areas for construction vehicles and equipment are to be provided and protected (attached). It is recommended that the Final Project Plans designate areas for Construction Vehicle and Equipment Maintenance, Cleaning and Fueling Areas, Concrete Washout Area, and Material Storage Area. It is further recommended that the AC paved parking lot for Oak Manor Park be set-aside for the Contractor's use as the Vehicle and Equipment Storage, Fueling, Cleaning, and Maintenance Area as well as the Material Storage Area. It is recommended that a grassy area within the park and adjacent to the parking lot be designated for the Concrete Washout Area. VI. CONCLUSION: Staff has reviewed and responded to the comments submitted on the proposed Mitigated Negative Declaration. Based on the submitted comments, and staff's responses, it is concluded that no new potentially significant adverse impacts have been identified. The new information provided in the responses to comments clarified the project or supporting information, and in some cases led to the addition of language to suggested mitigation measures that would make them more effective in off-setting identified impacts. The mitigation measures, as modified are listed below. No new impacts were identified, no new mitigation measures were identified, and no substantial project modifications are recommended as a result of the submitted comments, and therefore recirculation of the document is not necessary or required pursuant to CEQA Guidelines Section 15073.5. VII. DETERMINATION Staff is able to continue to conclude that the project, as mitigated, will not have a significant adverse impact on the environment, and that a Mitigation Negative Declaration is still appropriate for the project. There is substantial evidence in the administrative record that supports this determination. This evidence includes facts, reasonable assumptions predicated on facts, and expert opinion supported by facts. The administrative record includes the Mitigated Negative Declaration, Initial Environmental Study and all attachments, Project Plans and Specifications, Comment Letters, and the Response to Comments document and all associated attachments. ~~- ~~ Date t 9 Recommended Mitigation Measures Enhanced Mitigation Measure language is illustrated by bolded text. Air uali 1. Construction activities shall be conducted with including watering during grading and constructi~ fugitive dust or other methods approved by Management District. Prior to initiating soil purposes, the applicant shall pre-wet affected ar per square yard of ground area to control dust. I be used for watering and dust control. l from fire hydrants within the project area u Utilities Department and upon payment of a adequate dust suppression methods, m activities to limit the generation of the Mendocino County Air Quality removing activities for construction =as with at least 0.5 gallons of water Vo water from Gibson Creek shall he contractor may obtain water nder permit with the City's Public meter deposit. 2. The burning of construction debris is prohibited. Any disposal of vegetation removed a<_ a result of lot clearing shall be lawfully disposed of, preferably by chipping anc composting, or as authorized by the Mendocino County Air Quality Management District. 3. During construction activities, the applicant/owner/contractor shall remove daily accumulation of mud and dirt on paved access lanes that serve the project site. 4. Any stationary on-site internal combustion engines over 50 horsepower (i.e. generators) may require a permit from the MCAQMD depending upon fuel source and level of operation. It is the responsibility of the City to contact the District regarding this matter. 5. All grading activities must comply with MCAQMD Regulation 1 Rule 430 regarding fugitive dust emissions. Biolooical Resources 6. Riparian trees and other vegetation plantings recommended in Figure 7 of the Gibson Creek Habitat Enhancement and Pub/ic Access Studv (Attached Exhibit No. 5) shall be included in the final design phase of the realignment project, but shall only be implemented if they are approved as part of a 1600 Stream Alteration Permit by the California Department of Fish and Game. The contractor shall perform all work consistent with Section 7-1.11 ("Preservation of Property" and "Environmentally Sensitive Areas") of the 2006 Edition of CalTrans Standard Specifications. The final plans shall include, but not be limited to indicating the extent of all Environmentally Sensitive Areas including drip lines of all trees that are to remain and that are adjacent to the works areas. The contractor shall install a temporary fence around the boundaries of all designated Environmentally Sensitive Areas prior to the commencement of work. 10 Cultural Resources 7. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and City Planning Department staff shall be notified immediately of the discovery. The City shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and, if deemed necessary, to develop a precise mitigation program prior to the continuation of any site work. Geology and Soils 8. Native streambed material that is excavated shall be segregated and stockpiled on site for re-use in channel regarding. The finished channel grade shall consist of streambed material of a similar gradation to the native streambed gradation. 9. Native topsoil that is excavated shall be segregated and stockpiled on site for re-use after rough grading is complete. 10. Unsuitable excavated material shall be removed from the site and disposed of in a manner consistent with applicable disposal regulations. 11. All recommendations contained in the RGH Consultants Geotechnical Study Report, dated September 27, 2007 shall be incorporated into the project and/or implemented during all phases of site preparation and construction as appropriate. Hazards and Hazardous Materials 12. Staff from the Ukiah Fire Department and the Ukiah Police Department shall be notified of any road closures during construction in order that emergency access routes are kept open at all times. 13. Storage of fuels on-site shall not exceed 55 gallons. 14. The Contractor's vehicle and equipment cleaning, maintenance, and fueling shall be staged and performed at the location designated by the City Public Works Director. The activities shall be performed in accordance with the construction best management practices specified in Bulletins NS-8, NS-g, and NS-10 of the Caltrans Storm Water Quality Construction Site BMP Manual. 15. Any spills resulting from fueling or hydraulic line breaks will be contained and cleaned up immediately. 16. During construction activities, equipment shall be maintained and kept in good operating conditions to reduce the likelihood of line breaks and leakage. 17. No refueling or servicing shall be done without absorbent materials (i.e. absorbent pads, mats, socks, pillows, and granules) or drip pans underneath to contain spilled materials. 18. If contaminated soils are encountered during construction, proper storage and/or disposal of any contaminated soils that meet the definition of a hazardous waste shall be provided, and that such soils are removed for off-site treatment or disposal at an appropriate landfill. 11 Hydrology and Water Ouality 19. A Final Grading and Drainage Plan shall be prepared by the City Engineer prior to any ground disturbance on the site. This plan shall include the extent of grading and other modification to on-site soils and drainage patterns, including the methods and systems required to divert surface runoff from paved areas to the existing storm drain system. 20. No drainage is allowed to be routed over sidewalks. Storm drain inlets must be protected by a fossil fuel filtering device if required by the City Engineer. 21. During construction, Best Management Practices (BMPs), such as daily street sweeping and the placement of erosion control measures on-site, shall be adhered to in order to minimize erosion and water pollution. The City and/or contractor shall designate a primary contact person who shall be available to the City of Ukiah in the event of noted storm damage or storm event. Said person shall be responsible for inspection of all erosion control facilities. The following language shall be added to the contract with the contractor: The Contractor shall exercise every reasonable precaution to prevent polluting, muddying, or silting of stream beds and drainage courses and the Contractor is advised that the terms of this contract do not relieve him or her of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. The Contractor's shall submit a written program for the control of pollution to Gibson Creek and to adjacent drainage courses during construction of the Project to the City Engineer for approval prior to the commencement of work. Said written program shall include the erosion control provisions required by Section 13-03, "Temporary Erosion Control," from the project contract technical specifications. 22. Surface drainage from uncovered areas of the site shall be routed into the Gibson Creek system through drainage inlets or other systems designed to prevent sheet flows over the top of the bank. Drainage systems that fall within the creek bed shall be screened with riparian vegetation or other species approved by the California Department of Fish and Game. 23. Prior to any grading or other soil preparation work on the site, the City shall be responsible for securing all necessary permits from the California Department of Fish & Game (DFG), the U.S. Army Corps of Engineers, and the State Regional Water Quality Control Board (RWQCB) in conformance with adopted regulations of said agencies. 24. Erosion and sediment control shall be consistent with the mitigation contained on page G-2 of the 40% Design Plans, May 17, 2007. 25. The bioswale for the southwest corner of the project shall be a vegetated Swale type conforming to the requirements to the requirements of the Standard Urban Water Mitigation Plan (SUSMP) developed by the Sonoma County SUSMP Technical Committee (see attachment No. 3). 12 Noise 26. The hours of construction shall be limited to 7:00 A.M to 6:00 P.M. Monday through Friday, and 8:00 A.M. to 4:00 P.M. on Saturday, with no construction to occur on Sundays and holidays. Tra nsoortation/Traffic 27. Temporary lane closure traffic control shall be consistent with lane closure for low volume, two-lane roads pursuant to Caltrans manual of traffic controls, current edition and shall be coordinated with the City's Engineering Division. Pedestrian access shall be maintained during construction if feasible. 28. Emergency ingress and egress access shall be maintained to the residences and business in the project vicinity at all times. 29. Bicycle lanes should be incorporated into the Gobbi Street roadway design if feasible. 30. Roadway improvements shall be made consistent with the 40% Design Plans dated May 17, 2007, as revised in the Final Design phase. Utilities and Service Systems 30. Prior to the commencement of grading or other ground disturbance, City staff shall confirm the presence and location of any under ground utilities which may exist in the project area. 13 Mitigation Monitoring Program MITIGATION MONITORING HOW AND VERIFICATION FUNDING MEASURES RESPONSIBILITY WHEN RESPONSIBILITY RESPONSIBILITY Air Quality City of Ukiah and During all Planning and City of Ukiah Measures 1-5 Sub-Contractors phases of Public Works Staff construction Biological City of Ukiah and Final Design Planning and City of Ukiah Measure 6 Sub-Contractors Plans and Public Works staff landscaping on site Cultural City of Ukiah and During all Planning and City of Ukiah Resources Sub-Contractors phases of Public Works staff Measure 7 construction Geology and City of Ukiah and During all Public Works staff City of Ukiah Soils Sub-Contractors phases of Measures construction 8-11 Hazards and City of Ukiah and During all Public Works staff City of Ukiah Hazardous Sub-Contractors phases of Materials construction Measures 12-18 Hydrology and City of Ukiah and Prior to Planning and City of Ukiah Water Quality Sub-Contractors grading or Public Works Staff Measures 19-24 any site disturbance and during all phases of construction Noise Measure City of Ukiah and During all Public Works staff City of Ukiah 25 Sub-Contractors phases of construction Transportation City of Ukiah and During Planning and City of Ukiah and Traffic Sub-Contractors completion of Public Works staff Measures 26-29 Final Design Plans and during all phases of construction Utilities and City of Ukiah and Prior to Public Works Staff City of Ukiah Service Systems Sub-Contractors grading or Measure 30 any site disturbance 14 ATTACHMENT NO. 1 Comment Letters 15 November 21.2007 Charles Stump Director of Planning and Community Development City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Mr. Stump: Friends of Gibson Creek are pleased that some of the recommendations from the Gibson Creek Habitat Enhancement and Public Access Study dated September 2000 have been incorporated into the Negative Declaration for the Gobbi Street/Oak Manor Drive and Babcock Road Realignment Project dated October 12, 2007. The planting of native vegetation along the creek banks and adding appropriately sized gravel to the creek bed will improve habitat for fish. However, the proposed riparian planting are insignificant and inconsistent with the design which requires access for culvert maintenance and results in steep creek banks with rip-rap. The second paragraph on Page 5 refers to "little vegetation" on the project site. There is vegetation on the southeast portion of the project that provides shade to the creek bed. Six trees will be removed in this area for the realignment project. The Negative Declaration does not provide any protection measures for safeguarding the drip line for the heritage oaks in the northeast and northwest part of the project during construction. We are pleased that some bio swales have been incorporated into the revised design but we are not sure that they will significantly reduce the inflow of contaminated runoff into the creek. An underground filtration system will help with the water quality problems from pollutants like metals and hydrocarbons. Finally, we object to the passive language for including a bicycle path. This project is considered a roadway vehicular and pedestrianlbicycle improvement project as stated on Page 24 of the Negative Declaration. Extending the recent bike path created on Gobbi Street through the project area will be an excellent benefit to the community, especially since the citizens are losing the pedestrian bridge. We would recommend that the City of Ukiah change the wording in the Negative Declaration from "should" to "shall" (See Page 25 Mitigation Measure Number 28) and recommend that it read as follows: Bicycle lanes shall be incorporated into the Gobbi Street roadway final design. It is our hope that as the City of Ukiah grows and develops we will see free span bridges over our creeks versus obstructing culverts and protected riparian corridors along our creeks and streams. Thank you for listening to our concerns over the last 10 months and incorporating some of our recommendations into this project. Sincerely, ~~~~~ Linda Sanders Friends of Gibson Creek PO Box 1631 Ukiah, CA 95482 Kaderlir~juno.com Cc: Tim Eriksen, Public Works Director, City Engineer Bill Condon, CA Dept of Fish and Game Tracy Nelson, CA Dept of Fish and Game Pat Ford, Ukiah Rod and Gun Club Jamie Connerton, Paths, Open Space and Creeks Commission Mendocino County Water Agency Memorandum To: Charlie Stump, City of Ukiah Planning Dept. January ~, 2008 From: Dennis Slota, MCWA Subject: Gobbi Street/Oak ManorDriveBabcock Lane Realignment Project Negative Declaration Staff has reviewed the Negative Declaration and submits the following comments for consideration. Figure 4.6, Gibson Creek Plan view, shows rock slope protection (RSP) in two locations. Rock slope protection is commonly known as rip rap. Integrating native vegetation into the riprap, a practice called bioengineering, provides superior bank protection. In addition to improved bank stability, bioengineering increases habitat value, potentially reduces stream water temperature, and increases aesthetics. Therefore, staff recommends changing the riprap design to a bioengineering design. Technical assistance in bioengineering is available from the Mendocino County Resource Conservation District, E-Center fisheries program or the Mendocino County Water Agency. Thank you for integrating the use of bioswales into the project, as shown in Figure 4.8, Plan View Babcock Lane and Oak Manor Drive. Functional bioswales require the appropriate selection of vegetation that should be identified for the contractor. Assistance in bioswale vegetation selection is available in the Sonoma County Standard Urban Stormwater Management Plan (SUSMP). 3. Plate 2 on the 40°/n design submittal shows a stormdrain entering the creek at station 12+22. ]s this a new or existing stormdrain? If it is a new stormdrain, the stormwater should be filtered, preferably through vegetation prior to discharge into Gibson Creek. 4. Staff recommends implementing the bank re-shaping and inclusion of the vegetation for the site as identified in Figure 5 in the Gibson Creek Habitat Enhancement and Public Access Study. 5. The source of water for dust control should be stated, and should not be Gibson Creek. 6. For clarification, page 17 references construction of a bioswale at the southwest corner of the intersection. However, my understanding is that two bioswales will be constructed, on the southwest and southeast corners. 7. Mitigation measure 20 is unclear on whether a fossil filtering device will be required for storm drain inlet protection. Staff recommends use of the filter. Thank you for the opportunity to review this project, please contact me at 463-4589 with any questions or concerns regazding these comments. Cc: Roland Sanford, Water Agency Genera] Manager Rick Macedo, Department of Fish and Game S:\Dennis Da(a\wp\planning\Ciry of Ukiah\Gobbi_Oak Manor_Babcock realignmenLdoc ~-. State of Caifomis -The kesgurces Agency ARNOLD SCHWARZEN EGG ER Governor I DEPARTMENT OF FISH AND GAME ~' htto://www.dfg.ca.gov NORTHERN REGION 601 Locust Street Redding, CA 96001 (530) 225-2300 January 17, 2008 Mr. Charlie Stump C~C¢~ ~~~+~ City of Ukiah (~ • (•q, 07 Planning and Community Development (,,~ ~qN 2 2 Z0~8 300 Seminary Avenue ~ Ukiah, CA 95482 STATE CLEARING HOUSE ~~_---~ Dear Mr. Stump: Draft Negative Declaration for the Gobbi Street/ Oak Manor Drive/Babcock Lane Realignment Project SCH # ^^^ 2~~~/c~zog3 This is in response to the Draft Negative Declaration (DND) for the proposed Gobbi Street/Oak Manor Drive/Babcock Lane Realignment Project. The referral for this project appears to have been sent to the Department of Fish and Game's (DFG) office in Yountville. As of January 1, 2007, project referrals from your agency to DFG should be sent to the following address: Coastal Conservation Planning Department of Fish and Game 619 Second Street Eureka, California 95501 Thank you for making this change to your records for referring agencies. While this response will not meet the deadline for comments, we ask that you consider our recommendations during preparation of the final negative declaration. The proposed project will impact Gibson Creek, a tributary to the Russian River. Sections of Gibson Creek support viable population of steelhead (Oncorhynchus mykiss). steelhead are listed as "Threatened" pursuant to the federal Endangered Species Act. The project area also supports riparian habitat. DFG offers the following comments and recommendations in our role as a trustee and responsible agency pursuant to the California Environmental Quality Act. This project should follow the guidelines and recommendations identified in the Gibson Creek Habitat Enhancement and Public Access Study. In particular, the final stream bank profile and re-vegetation plan should adhere to conditions set forth in the Study. Conserving California's `Wifcf~ife Since 1870 Mr. Charlie Stump January 17, 2008 Page Two 2. Native riparian vegetation should be incorporated into sites proposed for rock rip-rap revetment. Integrating native vegetation into the riprap will help mitigate impacts to the riparian corridor by providing habitat for both terrestrial and aquatic resources in Gibson Creek. 3. All work within the channel and along the stream banks of Gibson Creek should be confined to the period June 15 through October 15. 4. The proposed project will require a lake or streambed alteration agreement (LSAA) from DFG. Fish and Game Code §1602 requires notification to DFG for an LSAA prior to any activity that substantially modifies the bed, bank, or channel or diverts or obstructs the natural flow of any river, stream, or lake. Information regarding LSAAs maybe found at htt ://www.df .ca. ov/1600/index.html. If you have any questions regarding this letter, please contact Staff Environmental Scientist Rick Macedo at (707) 928-4369 or Senior Environmental Scientist William Condon, at (707) 441-2064. Sincerely, /~vJ GAR STACEY Regional Manager cc: State Clearinghouse ec: Office of Planning and Research P.O. Box 3044 Sacramento, CA 95812-3044 Ms. Laurie Harnsberger Department of Fish and Game 619 Second Street Eureka, CA 95501 Mendocino Water Agency 501 Low Gap Road Ukiah, CA 95482 Messrs. Mark Stopher, William Condon, Gordon Leppig, Michael van Hattem and Rick Macedo, Mss. Tracie Nelson and Laurie Harnsberger Department of Fish and Game mstooher(o~dfg ca qov, wcondon(a~dfg ca qov, gleppiq(a7dfq ca qov mvanhattem(c~dfg ca qov rmacedo(a~dfg ca qov, tnelson(a~dfg ca qov, Iharnsberger(a~dfg ca qov ATTACHMENT NO. 2 Confirmation Letter from the State Clearinghouse 16 ~"~~"' . o4E~E°F P1µ4/,P°~ STATE OF CALIFORNIA ~ *^N GOVERNOR'S OFFICE of PLANNING AND RESEARCH '°`~ 1l if O~M~~ STATE CLEARINGHOUSE A.*ID PLANNING UNIT ~~"~0f°~v~FO"~' A}tNOLD SCHWARZENEGCER GOVERNOR CYNTHIA BAYANa' DIREClOA November 20.2007 Charles Stump City of Ukiah 300 Serrtinary Avenue Ukiah, CA 95482 Subject: Gobbi Street/Babcock Lane Realignment SCH#: 2007102093 Dear Charles Stump: The State Clearinghouse submitted the above named Mitigated Negative Declaration to selected state agencies for review. The review period closed on November t9, 2007, and no state agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten-digit State Clearinghouse number when contacting this office. Sincerely, ~~/~ Terry Roberts Director, State Clearinghouse 1900 10th Street P.O. Box 3044 Sacramento, California 95812-3044 (916) 445-0613 FAX (916) 323-3018 www.opr.ca.gov Document Details Report State Clearinghouse Data Base SCH# 2007102093 Project Tit/e Gobbi StreeVBabcock Lane Realignment Lead Agency Ukiah, City of Type MN Mitigated Negative Declaration Description ~ Street realignment: Gobbi Street, Babcock Lane, and Oak Manor Drive. Lead Agenc y Contact Name Charles Stump Agency City of Ukiah Phone 707-463-6200 Fax email Address 300 Seminary Avenue City Ukiah State CA Zip 95482 Project Location County Mendocino City Ukiah Region Cross Streets Oak Manor Drive Parcel No. Township Range Section Base Proximity to: Highways 101 Airports Ukiah Railways NWP Waterways Gibson Creek Schools Oak Manor Elementary School Land Use Project Issues AestheticNisual; Air Quality; Archaeologic-Historic; Biological Resources; Drainage/Absorption; Flood Plain/Flooding; Geologic/Seismic; Noise; Public Services; Soil Erosion/Compaction/Grading; Toxic/Hazardous; Traffic/Circulation; Vegetation; Water Quality; Wetland/Riparian Reviewing Resources Agency; Department of Fish and Game, Region 1 E; Department of Parks and Recreation; Agencies Reclamation Board; Department of Water Resources; Caltrans, Division of Aeronautics: California Highway Patrol; Caltrans, District 1; Air Resources Board, Transportation Projects; Integrated Waste Management Board; State Water Resources Control Board, Clean Water Program; Regional Water Quality Control Board, Region 1; Department of Toxic Substances Control; Native American Heritage Commission; Public Utilities Commission Date Received 10/19/2007 Start of Review 10/19/2007 End of Review 11/19/2007 Note: Blanks in data fields result from insufficient information provided by lead agency. ATTACHMENT NO. 3 Storm Water Best Management Practices for New Development and Redevelopment for the Santa Rosa Area EOA, Inc. and BFK Engineers, May 3, 2005. ~~ Guidelines for the Standard Urban Storm Water Mitigation Plan Storm Water Best Management Practices for New Development and Redevelopment For the Santa Rosa Area and Unincorporated Areas around Petaluma and Sonoma City of Santa Rosa ~~ Russian River Watershed Association EOA, Inc. BKF Enginezrs FINAL DRAFT May 3, 2005 a Treatment Controls of media 5lters (e.g., Delaware sand filter and Multi-Chamhered Treatment Train), and some manufactured media filters. The following design principles should be considered when selecting and designing storm water treatment controls: General design principles • Consider using storm water treatment controls that do not require a permanent pool of water. • Design treatment controls so lhaC they will drain completely within 72 hours. IY is recommended that treatment controls be designed to drain within 72 hours since the fastest breeding mosquitoes inSonoma County would require between four and ten days Co mature. • Use the hydraulic grade ]ine of the site to select a treatment control that allows water to flow by gravity through the structure. Pumps are not recommended because they are subject to failure and often require sumps to hold water. • Use grouted rock energy dissipaters instead of loose rock. Wet ponds and constructed wetlands • Design shoreline perimeters as steep and uniform as practicable to discourage dense plant growth, • Use concrete or liners to minimize unwanted plant growth where vegetation is unnecessary. • Maximize the amount of area that is greater than Cour feet deep because deep, open areas of exposed water are typically unsuitable for mosquito rearing. • Maximize circulation and aeration of water in ponds. • Design shoreline to be accessible to maintenance and vector control crews for periodic inspections and maintenance. • lise mosquito fish in ponded water. 4.3 Hydraulic Siting Design Criteria for Water Quality The municipal storm water NPDES permit contains storm water treatment control sizing criteria. Treatment controls can be divided generally into those that use flow-based and those that require volume-based designs (Table 4-4). 4-10 San(a Rosa Arna DR,i FT - OS/0~;/290~ Table 4-4 Fl ow and Volume Based Treatmen t Control T e of Treatment Control BMPs Sizim ___ Vegetated Swale __ Flow _ Bioretention area _ Volun _ Extended detention basin Volun ' __ Ve etated buffer strips Flow Constructed_wetland _ -_ _ Volurt Wet pond „_-„_ Manufactured media flier __ Flow Infiltration basin Volume __ Manufactured_vortex se orator Manufactur d d i Flow e ra n inserts - Flow The flow-based treatment controls remove pollutants from a moving stream of storm water runoff, such as vegetated swales and media filters Fl b . ow- ased treatment controls operate primarily by filtration, settling flotation, and infiltration. The volume-based treatment controls detain and treat storm water primarily through settling and infiltration. Examples of these types of treatment controls are extended detention basins and wet ponds . 4.3.1 Flow-Based Hydraulic Sizing Requirements The municipal storm water NPDES permit requires that flow-based treatment controls shall be designed to treat or infiltrate storm water. The recommended method for designing flow-based storm water treatment controls is: "The flow rate of runoff produced by the 85th percentile mean annual 24-hour storm event hourly rainfall intensity , as determined from the local historical rainfall record." According to the SUSivIP the rainfall intensity that occurs during the 85th percentile mean annual 24 hour storm event is 0.21 inches per hour. The design constant intensity of 0.2I inches per hour does not vary by type of flow-based treatment control or time of concentration. The SUSMP shows thaC this method is met by applying the f ll i o ow ng equation: Q = C0.21)~~)~A)lK) 4tihere'Q=design Pow rate (efs) SUSP/P Guidelines - -- ~. OR: I l~'T - 0: ~YJC/?00 i 4: Treatment Controls 4-~~ t:-, ~'<. U ' ~ ~. :Chapter 4: Treatment Controls C = watershed runoff coefficient (developed condition) A =project area (acres) that drains to the treatment control K = k Factor information on the C coefficient and k Factors is located in Attachment 4-3. According to the Sonoma County Water Agency's Flood Control Design Criteria, the k Factor is 1 for areas that receive 30 inches of mean annual precipitation. 4.3.2 Volume-Based Hydraulic Sizing Requirements The municipal storm water NPDES permit allows three alternative numeric sizing criteria as described below: a. The volume of runoff produced from the 85th percentile of 24-hour storm event, as determined from the local historical rainfall record (approximately 0.92 inches in the Santa Rosa area); b. The volume of runoff produced by the 85th percentile 24- hour rainfall event, determined using the maximized capture storm water volume for the area, from the formula recommended in Urban Runoff Quality Management, WI F Manual of Practice No. 23/ASCE Mamial of Practice No. 87, pp. 170-178 (1998); The SUSIvII' shows that this method is met by applying the following equation: V = (0.08')(C)(K)(A) Where: V =maximized storage volume (acre-feet) C = watershed runoff coefficient (developed condition) A =project area (acres) that drains to the treatment control K = k Factor c. The volume of annual runoff based on unit basin storage water quality volume, to achieve 80 percent or more volume treatment by the method recommended in California Storm Water Bes[ !Management Practices Handbook-Indzrstrin(/Commercial (1993)- a-~~ Santa Rosa Area DRd FT - O5; 9w7003 Chapter 4: TreatmentCortre(s 4.4 Technical Guidance on Design of Landscape-Based Treatment Controls The City of Santa Rosa and Sonoma County encourage the use of landscape-based treatment controls. This sectio^ contains fact sheets on the design of six landscape-based stoma water treatment controls and one fact sheet on a subsurface treatment control. Non-standard designs may be considered and approved by local agencies. Subsurface treatment controls should not be used unless it is infeasible to use landscape-based treatment controls, or if there is a potential to contaminate groundwater sources. Guidance on the q design and use of manufactured media filters, manufactured vortex separators, and other proprietary treatment controls should he obtained from the manufacturers and approved by the local agency. The fact sheets are organized into the following five sections: description; advantages, limitations; design and sizing guidelines; A maintenance; and figures. The fact sheds are intended to integrate general information about the treatment controls based on the CASQA Stormwater Best Management Practice Handbook New Development and Redevelopment and specific information on design and based on espenence m the Bay Area. The treatment controls covered by these fact sheets include: ~' Vegetated swales, • Bioretention areas, Extended detention basins, Vegetated buffer steps.. ° Constructed wetlands-, • 1Vet ponds, and ~~. Mediaflters. ~' YFI ~. SUSMF ~, OR.(FT - OS/06I200.i 4-13 4: Trea(rnent Controls Vegetated swales are open, shallow channels with vegetation covering the side slopes and bottom that collect and slowly convey runoff flaw to downstream discharge points. They are designed to treat runoff through sedimentation in the channel, filtration through a subsoil matrix, and/or infiltration into the underlying soils. Swales can be natural or manmade. They trap particulate pollutants (suspended solids and trace metals), promote infiltration, and reduce the flow velocity of storm water runoff. Vegetated swales can serve as part of a storm water drainage system and can replace curbs, gutters and storm drain systems. Vegetated swales must be vegetated in order to provide adequate treaunent of runoff. It is important to maximize water contact with vegetation and the soil surface. For general purposes, select, close- growing, plants adapted to seasonal inundation and extended periods of dry conditions (see Appendix A for list oY locally suitable plant species). Advantages If properly designed, vegetated, and operated, vegetated swales can serve as an aesthetic, potentially inexpensive urban develop-meat or roadway drainage conveyance measure with significant collateral water quality benefits. Roadside ditches should be regarded as significant potential vegetated swaieibuffer strip sites and should be used for this purpose whenever possible as long as properly designed or modified. 4-14 Santa Resa Area DR7,~r - 0~/06i200~ 4.4.1 Vegetated Swale Fact Sheet Limitations • It can be difficult to avoid channelization in a vegetated Swale. ° Vegetated swales may be inappropriate for industrial sites or Ioeations where chemical spills may occur • A single vegetated Swale cannot treat a drainage area greater than l0 acres. Large areas may be divided and treated using multiple vegetated swales. • A thick vegetative cover is needed for these practices to function properly and prevent the resuspension of settled so I i ds. • Vegetated swales are impractical in areas with steep topography. • Vegetated swales are ineffective and may even erode when flow velocities arc high, if the vegetated cover is not properly maintained. • in some places, their use is restricted by law. Many local municipalities require curb and gutter systems in residential areas. Design and Sizing Guidelines • Flow rate based design determined by meeting the flow- based hydraulic sizing requirements described in Section 4.3.1. ° Swale should be designed so that the water level does not exceed 2/3rds the height of the grass or 4 inches, which ever is Less, at the design treaUnent rate. • The depth shall be computed using Manning's Equation: Q - 1.49 * A 80.67 S0.5 n Where: Q =Treatment flow rate in cubic feet per second, A =Area is square feet, R =Hydraulic radius in feet, = A / P: ® °' P =wetted perimeter in feet ~ S =Channel slope in feet per foot, n = Manning's Roughness coefrcient of 0.25 ° Longitudinal slopes should not exceed 4%; 1 to 2% is recommended ~ ° Minimum longitudinal slopes shall be greater than OS%. " G.S. EPA. 200?. National Menu of B~LPs for Storm Water Phase Il. SUSMP 4 Treatmen! Controls 4-15 na,aFr oz-or;,~zon, 4~ Treatment Controls 4-16 • Trapezoidal channels are normally recommended but other configurations, such as parabolic, can also provide substantial water quality improvement and may be easier to mow than designs with sharp breaks in slope. • Swales constructed in cut are preferred, or in fill areas that are far enough from an adjacenC slope to minimize the potential for gopher damage. Do not use side slopes constructed of fill, which are prone to structural damage by gophers and other burrowing animals. < Vegetation whose growing season corresponds to [he wet season is preferred. Drought toleranC vegetation should be considered especially for vegetated swales that are not part of a regularly irrigated landscaped area. See Appendix A for list of locally suitable plant species. • The width of the Swale should be determined using Manning's Equation using a value of 025 for Manning's n. A Manning's Roughness coefficient of 020 may be used if the Maintenance Plan specifically requires regular mowing throughout the year when the vegetation height exceeds 4 inches. • Vegetated swales shall have a maximum treatment width of 10 CeeC. The vegetated Swale bed shall be at (east 2-feet wide and no more than 7-feet wide. Parallel swales may be used if calculations "show greater width is needed. Flow may enter the vegetated Swale: o As overland flow from landscaping (no special requirements), o As overland flow from pavement (cutoff wall required), o "Chrough a curb opening, pavement at least 2 inches above the protected apron, n Through a curb drain, or o Through a stepped manhole. • The bed of the vegetated Swale flow area shall slope at about 2% from toe of side slope to center of Swale. Side slopes shall be not be greater than a 3 to 1 slope. • [f vegetation is not established by October 1sC, a 1-year biodegradable loose weave geofabric shall be placed on Swale surface. • 'ihe longest flow path for the Swale shall have a minimum retention time of 12 minutes for conditions when the treatment flows enter the vegetated Swale uniformly along the Swale length. "fhe longest flow path for the Swale shall have a minimum retention time of 5 minutes if 90 percent or more of the treatment Flow enters the Swale at the upstream end. Santa P.osa Area ~~ DIL:FT - 0!06/2065 ~, ---- For vegetated Swale Type 2 (underdrain) the perforated pipe trench shall be backftlled with'i;" crushed rock with a 2-inch bed underneath and 6 inch cover. (CalTrans Standard Section 68-1.025 permeable material Class 2) This rock layer shall be separated Gom the Swale using a geofabric covered by a filter layer of sand or fine rock. • Use schedule 40 PVC 6-inch diameter perforated pipe for projects located in the public right-of-way, Maintenance A maintenance mechanism (Chapter 5) shall be provided with the Storm Water Mitigation Plan. The maintenance mechanism shall state the parties' responsibility for maintenance and upkeep. ~J ~i 6J Maintenance shall include the following: Mow and irritate during dry weather to the extent necessary to keep vegetation alive. Where 6-inch high grasses are used, the grass height shalt be at least 3 inches after mowing. Where mowed grasses are shown, the grass height shall be mowed when the height exceeds 3 inches. Remove obstructions and trash from vegetated Swale. Pesticides and fertilizers shall not be used in the Swale. Vegetated swales shall be inspected and maintained monthly to re v icw: • Obstructions and trash, • Ponded flow is drained within 72 hours after a rainfall event. Condition of vegetation including the adequacy of Hie veeetative cover. • [I ponding is observed, grading will be required to restore positive drainage. SUSNIP Guidelines -- GRAFT - 05'06:7J(-7 4; Treatment Controls 4-li SWALE TOP WIDTH VEGETATED SW ALE BED VARI Es 2 TO I0.FEET ~i. Zii I ~~,?G, I } STEEPF,ST ~. P!.ANT[NG SOIL RELATIVE COhIPACTION OP - i SUdGR.SDE TO LIE SLAIIf.AR TO NATIVE SOILS LONGITUDIi AL SLOPE. MINIMOM O S% StAXIMUM 4%e ~ ~ AECONIMENDED ITO:% CUTOFF TO BAS[ OF PAV Eh1ENT PLACE ANTI-EROSION STRUC TUR•\h MESA nS NEGDED SECTION Vegetated Swale, Type 1 ~- couNTY o~ sorrovlA II 17~ CITY OF SANTA ROSH j Santa Rosa ArEa SUSMP Guidance FOR USf NITd HYDROLOGIC SOII. I CROUPSA AVD G_CLNERALLY I Tl'PEASOILS AREpIHP,SANDY, ~ OR GMVELLY SOILS. TYFf G SOILS NtF.OREP SANDY. GRAVFLLV LOAMS OR LOAM SOUS. FIGURE 4-1 DRArT - 4/29/2005 ATTACHMENT NO. 4 CalTrans Standard Special Provisions (SSP) for "Preservation of Property" and "Environmental Sensitive Areas" 18 5-1. PRESERVATION OF PROPERTY Attention is directed to Section 7-1.11, "Preservation of Property," of the Standard Specifications and these special provisions. Existing trees, shrubs and other plants, that are not to be removed as shoes-n on the plans or specified in these special provisions. and are injured or damaged by reason of the Contractor's opcratious, shall be replaced by the Contractor. The minimum size of tree replacement shall be 24 inch box and the minimum size of shrub replacement shall be 15-gallon. Replacement ground cover plants shall be from flats and shall be planted 12 inches on center. Replacement of Carpobrotus ground cover plants shall be from cuttings and shall be planted 12 inches on center. Replacement planting shall conform to the requirements in Section 20-4.07, "Replacement," oY the Standard Specifications. The Contractor shall water replacement plants in conformance with the provisions in Section 20-4.06, "Watering," of the Standard Specifications. Damaged or injured plants shall be removed and disposed of in conformance with the provisions in Section 7-1.13,"Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. At the option of the Contractor, removed trees and shrubs may be reduced to chips. The chipped material shall be spread within the highway right of way at locations designated by the Engineer. Replacement planting of injured or damaged trees, shrubs, and other plants shall be completed prior to the start of the plant establishment period. Replacement planting shall conform to the provisions in Section 20-4.05, "Planting," orthe Standard Specifications. Replacement planting of injured or damaged trees, shrubs and other plants shall be completed not less than 20 working days prior to acceptance of the contract. Replacement plants shall be watered as necessary to maintain the plants in a healthy condition. 5-1. ENVIRONMENTALLY SENSITIVE AREA An environmentally sensitive area (ESA) shall consist of an area within and near the limits of construction where access is prohibited or limited for the preservation of archeological site or existing vegetation, or protection of biological habitat as shown on the plans. The Engineer will determine the exact location oC the boundaries of the 1:SA. No ~a-ork shall be conducted ~~°ithin the ESA. Attention is directed to Section 7 1.01 "Laws to he Observed," and Section 7-1.04 "Pern~its and Licenses," of the Standard Specifications regarding State and Federal regulations, permits, or agreements which pertain to an ESA. Prior to beginning ~m°ork, the boundaries of the ESA shall be clearly delineated by the placement of temporary fence (Type ESA} in conformance with the provisions in "Temporary Fence (Type ESA)" of these special provisions. Prior to beginning work, temporary wildlife exclusion fence shall be clearly delineated and installed adjacent to and outside of the boundaries of ESA. Vehicle access, storage or transport of materials or equipment, or other project related activities are prohibited within the boundaries of the ESA. The Contractor shall mitigate damage or impacts to the ESA caused by the Contractor's operations, at the Contractor's expense. If the Engineer determines mitigation work N~ill be performed by others, or if mitigation fees are assessed the Department, deductions from moneys due or to become due the Contractor will be made for the mitigation costs. ATTACHMENT NO. 5 Control Measures NS-8, NS-9 and NS-10 of the CalTrans Storm Water Quality Handbooks, Construction Site Best Management Practices Manual is Storm Water Quality Handbooks Late of California epartment of Transportation March 2003 Vehicle and Equipment Cleaning NS-8 ~G JAG Svmhnl BMP Objectives Soil Stabilization c Sediment Control c Tracking Control o Wind Erosion Control • Non-Storm Water Management c Materials and Waste Management Definition and Vehicle and equipment cleaning procedures and practices are used to minimize or Purpose eliminate the discharge of pollutants from vehicle and equipment cleaning operations to storm drain system or to watercourses. Appropriate These procedures arc applied on all construction sites where vehicle and Applications equipment cleaning is performed. Limitations ^ None. Standards and ^ On-site vehicle and equipment washing is discouraged. Specifications ^ Cleaning of vehicles and equipment with soap, solvents or steam shall not occur on the project site unless the Resident Engineer (RE) has been notified in advance and the resulting wastes are Cully contained and disposed of outside the highway right-of-way in conformance with the provisions in the Standard Specifications Section 7-1.13. Resulting wastes and by-products shall not be discharged or buried within the highway right-of-way, and must be captured and recycled or disposed according to the requirements of WM-1Q "Liquid Waste ManagemenP' or WM-6, "Hazardous Waste Management," depending on the waste characteristics. Minimize use of solvents. The use of diesel for vehicle and equipment cleaning is prohibited. Vehicle and equipment wash water shall be contained for percolation or evaporative drying away from storm drain inlets or watercourses and shall not be discharged within the highway right-of-way. Apply sediment control BMPs if applicable. ^ All vehicles/equipment that regularly enter and leave the construction site must he cleaned off-site. ^ When vehicle/equipment washing cleaning must occur ousite, and the L~ Caltrans Storm Water Quality Handbooks Section ~ Construction Site Best Management Practices Manual Vehicle and Equipment Cleaning NS-B ~ March 1, 2003 1 or 2 Vehicle and Equipment Cleaning NS-8 operation cannot be located within a structure or building equipped with appropriate disposal facilities, the outside cleaning area shall have the Following characteristics. and shall be ananged ti~ith the construction storm water coordinator: - Located away from storm drain inlets, drainage facilities. or watercourses. - Paved with concrete or asphalt and benncd to contain wash waters and to prevent run-on and runoff. - Configured with a swnp to allow collection and disposal of wash water. - Wash waters shall not be discharged to storm drains or watercourses. - Used only when necessary. ^ When cleaning vehicles,'equipment with water: - Use as little water as possible. High pressure sprayers maV use less water than a hose, and shall be cousidcred. Use positive shutoff valve to minimize water usage. Facility wash racks shall discharge to a sanitary sewer, recycle system or other approved discharge system and shall not discharge to the storm drainage system or watercourses. M8lntenOnCe and ^ The control measure shall be inspected at a minimum of once a week. Inspection ^ Monitor employees and subcontractors throughout the duration of the construction project to ensure appropriate practices arc being implemented. ^ Inspect sump regularly and remove liquids and sediment as needed or as directed by the RE. ~~ Caltrans Storm Water puality Handbooks Section 7 Construction Site Best Management Practices Manual Vehicle antl Equipment Cleaning NS•8 ins March 1, 2003 2 of 2 Vehicle and Equipment Fueling NS-9 ~~ J~F Standard Symbol FUELING Definition and Purpose BMP Objectives ~ Soil Stabilization ~ Sediment Control c Tracking Control o Wind Erosion Control • Non-Storm Water Management e Materials and Wasle Management Vehicle and equipment fueling procedures and practices are designed to minimize or eliminate the discharge of fuel spills and leaks into storm drain systems or to watercourses. Appropriate These procedures are applied on all construction sites where vehicle and AppliCatiOnS equipment fueling takes place. LlmitatlOnS ^ Onsite vehicle and equipment fueling shall only be used where ifs impractical to send vehicles and equipment off-site for fueling. Standards and ^ When fueling must occur onsite, the contractor shall select and designate an SpeCifiCatiOnS area to be used, subject [o approval of the Resident Engineer (RE). ^ Absorbent spill clean-up materials and spill kits shall be available in fueling areas and on fueling trucks and shall be disposed of properly after use. ^ Drip pans or absorbent pads shall be used during vehicle and equipment fueling, unless the fueling is performed over an impermeable surface in a dedicated fueling area. ^ Dedicated fueling areas shall be protected from storm water run-on and runoff, and shall be located at least ] 5 m (50 ft) from downstream drainage facilities and watercourses. Fueling must be performed on level-grade areas. ^ Nozzles used in vehicle and equipment fueling shall be equipped with an automatic shut-off to control drips. Fueling operations shall not be left unattended. ^ Protect fueling areas with berms and/or dikes to prevent run-on, runoff, and to contain spills. L~ Caltrans Slonn Water Quality Handbooks Section 7 Construction Site Best Management Practices Manual Vehicle and Equipment Fueling NS-9 /bans March 1, 2003 1 of 2 Vehicle and Equipment Fueling NS-9 ^ Use vapor recovery nozzles to help control drips as well as air pollution where required by Air Quality Management Districts (AQMD). Ensure the nozzle is secured upright when not in use. ^ Fuel tanks shall not be "topped-off." ^ Vehicles and equipment shall be inspected on each day of use for leaks. Leaks shall be repaired immediately or problem vehicles or equipment shall be removed from the project site. ^ Absorbent spill clean-up materials shall be available in fueling and maintenance areas and used on small spills instead of hosing down or burying techniques. The spent absorbent material shall he removed promptly and disposed of properly. ^ Federal, state, and local requirements shall be observed for any stationary above ground storage tanks. Refer to WM-1, "Material Delivery and Storage." ^ Mobile fueling of construction equipment throughout the site shall be minimized. Whenever practical, equipment shall he transported to the designated fueling area. M8lntenanCe and ^ Fueling areas and storage tanks shall be inspected regularly. Inspection ^ Keep an ample supply of spill cleanup material on [he sift. ^ Immediately cleanup spills and properly dispose of contaminated soil and cleanup materials. L~ Caltrans Siorm Water puality Handbooks Section 7 Construction Site Best Management Practices Manual Vehicle and Equipment Fueling NS-9 ~ March 1, 2003 2 012 Vehicle and Equipment Maintenance NS-10 ),~~ M" ~E Standard Symbol BMP Objectives ~ Soil Stabilization <~ Sediment Control c Tracking Control o Wind Erosion Control • Non-Storm Water Management n Materials and Waste Management DeflnitiOn and Procedures and practices to minimize or eliminate the discharge of pollutants [o PIIfpOSe the storm drain systems or to watercourses from vehicle and equipment maintenance procedures. Appropriate These procedures are applied on all construction projects where an onsite yard AppfiCatiOns area is necessary for storage and maintenance of heavy equipment and vehicles. Limitations ^ None identified. Standards and ^ Drip pans or absorbent pads shall be used during vehicle and equipment SpeClfiCatlOnS maintenance work that involves fluids, unless the maintenance work is performed over an impermeable surface in a dedicated maintenance area. ^ All maintenance areas are required to have spill kits and/or use other spill protection devices. ^ Dedicated maintenance areas shall be protected from storm water run-on and runoff, and shall be located at least I S m (50 ft) from downstream drainage facilities and watercourses. ^ Drip Pans or plastic sheeting shall be placed under all vehicles and equipment placed on docks, barges, or other structures over water bodies when the vehicle or eyuipment is planned to be idle for more than one hour. ^ Absorbent spill clean-up materials shall be available in maintenance areas and shall be disposed of properly after use. Substances used to coat asphalt transport trucks and asphalt-spreading equipment shall be non-toxic. ^ Use off=site maintenance facilities whenever practical. L~ Caltrans Storm Water Quality Handbooks Section 7 Construction Site Best Management Practices Manual Vehicle and Equipment Maintenance NS-10 ~~ March 1, 2003 7 of 2 Vehicle and Equipment Maintenance NS-10 ^ For long-teen projects, consider constructing roofs or using portable tents over maiutenance areas. ^ ['tapcrly dispose of used oils, fluids, lubricants, and spill cleanup materials. ^ Do not dump fuels and lubricants onto the ground. ^ llo not place used oil in a dmnpster or pour into a stone drain or watercourse. ^ Properly dispose or recycle used hatterics. ^ Do eat bury used tires. ^ Repair of fluid and oil leaks immediately. ^ Provide spill containment dikes' or secondary containment around stored oil and chemical drums. MeintenenCe end ^ Maintain waste fluid containers in leak proof condition. Inspection ^ Vchic(c and equipment maintenance areas shall he inspected regularly. ^ Vehicles and equipment shall be inspected on each day of use. Leaks shall be repaired immediately or the problem vehicle(s) or equipment shall be removed from the project site. ^ Inspect equipment for damaged hoses and leaky gaskets routinely. Repair or replace as needed. C~ Caltrans Stone Water Quality Handbooks Section 7 Construction Site Best Management Practices Manual Vehicle and Equipment Maintenance NS-10 ~~ March 1, 2003 2 of 2 ATTACHMENT N0. 6 Sections 13-02, "Water Pollution Control" and 13-03, "Temporary Erosion Control" from the Orchard Avenue Bridge Extension Project Technical Specifications - To be included in the Technical Specifications for the Gobbi Street Realignment Project. zo _~ Regarding the pre-drilling for the piles, it will be recommended that the Consultant investigate the -~ feasibility for this requirement. `~ SECTION 13 -CONSTRUCTION DETAILS `~ 13-01. Order of Work. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. __~ Physical work on the site shall not commence prior to May 1, 2007 and until a "No Fee" encroachment permit is issued by the City of Ukiah to the Contractor 13-02. Water Pollution Control. Water pollution control work shall conform to the requirements in Section ~( 7-1.01 G, "Water Pollution," of the Standard Specifications, and these special provisions. J Water pollution control work shall conform to the requirements in the Construction Contractor's Guide and Specifications of the Caltrans Storm Water Quality Handbooks, dated April 1997, and addenda thereto issued up to and including the date of advertisement of the project, hereafter referred to as the "Handbook." Copies of the Handbook may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520. The Contractor shall become fully informed of, and comply with the applicable provisions of the Handbook and J Federal, State and local regulations that govern the Contractor's operations and storm water discharges from J} both the project site and areas of disturbance outside the project limits during construction. Unless arrangements for disturbance of areas outside the project limits are made by the Department and made part of the contract, it is expressly agreed that the Department assumes no responsibility to the ~ Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits. The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor's failure to comply with the requirements set forth in this section "Water Pollution Control" including, ~ but not limited to, compliance with the applicable provisions of the Handbook and Federal, State and local regulations. For the purposes of this paragraph, costs and liabilities include but are not limited to fines, penalties and damages whether assessed against the State or the Contractor, including those levied under the ~ Federal Clean Water Act and the State Porter Cologne Water Quality Act. In addition to any remedy authorized by law, so much of the money due the Contractor under the contract that shall be considered necessary by the Department may be retained by the State of California until disposition has been made of the costs and liabilities. -t The retention of money due the Contractor shall be subject to the following: Copies of the Handbook are also available for review at i The Contractor shall become fully informed of, and comply with the applicable provisions of the Handbook and Federal, State and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction. Unless arrangements for disturbance of areas outside the project limits are made by the Department and made part of the contract, it is expressly agreed that the Department assumes no responsibility to the Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits. The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor's failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Handbook and Federal, State and local ~ regulations. For the purposes of this paragraph, costs and liabilities include but are not limited to fines, penalties and damages whether assessed against the State or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. i 37 Spec. No. 02-10 i In addition to any remedy authorized by law, so much of the money due the Contractor under the contract that shall be considered necessary by the Department may be retained by the State of California until disposition "`;~ has been made of the costs and liabilities. 3 The retention of money due the Contractor shall be subject to the following: 1. The Department will give the Contractor 30 days notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without prior notice to the Contractor. "'~ 2. No retention of additional amounts out of partial payments will be made if the amount to be retained 1 does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications. 3. If the Department has retained funds and it is subsequently determined that the State is not subject to the costs and liabilities in connection with the matter for which the retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention. Conformance with the requirements of this section "Water Pollution Control," shall not relieve the Contractor from the Contractor's responsibilities, as provided in Section 7-1.11, "Preservation of Property," and Section 7-1.12, "Responsibility for Damage," of the Standard Specifications. WATER POLLUTION CONTROL PROGRAM PREPARATION, APPROVAL AND UPDATES.-As part of the water pollution control work, a Water Pollution Control Program, hereafter referred to as the "WPCP," is required for this contract. The WPCP shall conform to the requirements in Section 7-1.01 G, "Water Pollution," of the Standard Specifications, the requirements in the Handbook, and these special provisions. No work having potential to cause water pollution, as determined by the Engineer, shall be performed until the WPCP has been approved by the Engineer. Within 30 days after the approval of the contract, the Contractor shall submit 3 copies of the W PCP to the Engineer. The Contractor shall allow 10 days for the Engineer to review the WPCP. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the W PCP within 7 days of receipt of the Engineer's comments and shall allow 7 days for the Engineer to review the revisions. Upon the Engineer's -~ approval of the WPCP, 3 additional copies of the WPCP incorporating the required changes shall be submitted to the Engineer. Minor changes or clarifications to the initial submittal may be made and attached as amendments to the WPCP. In order to allow construction activities to proceed, the Engineer may conditionally _~ approve the W PCP while minor revisions or amendments are being completed. The objectives of the WPCP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain water pollution control measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in _~ storm water discharges from the construction site during construction under this contract. The WPCP shall incorporate control measures in the following categories: ~ 1. Soil stabilization practices; J 2. Sediment control practices; 3. Sediment tracking control practices; -~ 4. Wind erosion control practices; and 5. Nonstorm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. ~ The Contractor shall consider the objectives and minimum requirements presented in the Handbook for each of the above categories. When minimum requirements are listed for any category, the Contractor shall incorporate into the W PCP and implement on the project, one or more of the listed minimum controls required in order to meet the pollution control objectives for the category. In addition, the Contractor shall consider other control measures presented in the Handbook and shall incorporate into the WPCP and implement on the project the control measures necessary to meet the objectives of the WPCP. The Contractor shall document the selection process in accordance with the procedure specified in the Handbook. 38 J Spec. No. 02-10 _ _. _ __ _3 The Contractor shall consider the objectives and minimum requirements presented in the Handbook for each of the above categories. The special minimum requirements listed below supersede the minimum requirements listed in the Handbook for the same category. When minimum requirements are listed for any category, the Contractor shall incorporate into the WPCP, and implement cn the project, one or more of the listed minimum controls required in order to meet the pollution control objectives for the category. In addition, the Contractor shall consider other control measures presented in the Handbook and shall incorporate into the WPCP and implement on the project the control measures necessary to meet the objectives of the W PCP. The Contractor shall document the selection process in accordance with the procedure specified in the Handbook. The following special minimum requirements are established: Category: Minimum Requirement(s): The following contract items of work, as shown on the project plans, shall be incorporated into the WPCP as critical temporary control measures: .The Contractor shall consider other control measures to supplement these critical temporary control measures when necessary to meet the pollution control objectives of the WPCP. The following contract items of work, as shown on the project plans, shall be incorporated into the WPCP as _i permanent post-construction control measures: .These control measures shall be utilized j as construction period control measures. Attention is directed to "Order of Work" of these special provisions. The Contractor shall consider other control measures to supplement these permanent, post-construction control measures when necessary to meet the pollution control objectives of the W PCP. The Contractor shall s maintain and protect the permanent control measures throughout the duration of the project and shall restore these controls to the lines and grades shown on the plans prior to acceptance of the project. The WPCP shall include, but not be limited to, the following items as described in the Handbook: 1. Project description and Contractor's certification; 3 2. Project information; 3. Pollution sources, control measures, and water pollution control drawings; and ~ 4. Amendments, if any. i e ~ The Contractor shall amend the WPCP, graphically and in narrative form, whenever there is a change in ~ construction activities or operations which may affect the discharge of significant quantities of pollutants to j surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The WPCP shall also be amended if the WPCP has not achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those __ut in areas not shown in the initially approved WPCP, which are required on the project to control water pollution ~ effectively. Amendments to the WPCP shall be submitted for review and approval by the Engineer in the same manner specified for the initially approved WPCP. Amendments shall be dated and attached to the on- site WPCP document. The Contractor shall keep a copy of the W PCP, together with updates, revisions and amendments at the project site. WPCP IMPLEMENTATION.-Upon approval of the WPCP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the W PCP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherv/ise directed by the Engineer or specified in these special provisions, the Contractor's responsibility for WPCP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 8-1.05, "Temporary Suspension of Work,' of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the Handbook and these special provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 15 and 39 Spec. No. 02-10 ~. Aoril 15 Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. Throughout the winter season, the active, soil-disturbed area of the project site shall be no more than 1_5 acres. The Engineer may approve, on a case-by-case basis, expansions of the active, soil-disturbed area limit. The Contractor shall demonstrate the ability and preparedness to fully deploy soil stabilization practices and sediment control measures to protect soil-disturbed areas of the project site before the onset of precipitation. The Contractor shall maintain a quantity of soil stabilization and sediment control materials on site equal to 30 percent of that suffcient to protect unprotected, soil-disturbed areas on the project site and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy control measures required to protect unprotected, soil-disturbed areas on the project site prior to the onset of precipitation. The Contractor shall include a current inventory of control measure materials and the detailed mobilization plan as part of the WPCP. Throughout the winter season, soil-disturbed areas of the project site shall be considered to be nonactive whenever soil disturbing activities are expected to be discontinued for a period of 20 or more days and the areas are fully protected. Areas that will become nonactive either during the winter season or within 20 days thereof shall be fully protected with soil stabilization practices and sediment control measures within 10 days of the discontinuance of soil disturbing activities or prior to the onset of precipitation, whichever is first to occur. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with soil stabilization practices and sediment control measures unless fair weather is predicted through the following work day. The weather forecast shall be monitored by the Contractor on a daily basis. The National Weather Service forecast shall be used, or an alternative weather forecast proposed by the Contractor maybe used if approved by the Engineer. If precipitation is predicted prior to the end of the following work day, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the WPCP for sediment tracking, wind erosion, nonstorm water management and waste management and disposal. _J The Engineer may order the suspension of construction operations which create water pollution if the J1 Contractor fails to conform to the requirements of this section "Water Pollution Control" as determined by the Engineer. ~ MAINTENANCE.-To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the WPCP. The _-.y Contractor shall identify corrective actions and time frames to address any deficient measures or reinitiate any 1 measures that have been discontinued. The construction site inspection checklist provided in the Handbook shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer. During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: _~ 1. Prior to a forecast storm; 2. After all precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every 2 weeks. _~ If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and approved by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the State. 40 Spec. No. 02-10 ~~ _1. PAYMENT.-Full compensation for conforming to the requirements of this section shall be considered as - ~ included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Those control measures which are shown on the project plans and for which there is a contract item of work ___a will be measured and paid for as that item of work. Jt The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the requirements of this section "Water Pollution Control" as determined by the Engineer. - ~ Retentions for failure to conform to the requirements of this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the requirements of this section will be released for payment on the next monthly estimate for __~ partial payment following the date that a WPCP has been implemented and maintained, and water pollution is adequately controlled, as determined by the Engineer. 13-03. Temporary Erosion Control. Temporary erosion control shall conform to Sections 20-23 "Erosion -~ Control" of the Standard Specifications and their special provisions. Temporary erosion control shall include placement and maintenance of temporary erosion control blanket, temporary silt fence, and temporary straw bale barrier. ~~ 13-03.1 Temporary erosion control blanket. Temporary erosion control blanket shall conform to the details shown on the plans, the provisions in Section 20-3, "Erosion Control," of the Standard Specifications and these special provisions. Temporary erosion control blanket work shall consist of furnishing, installing, maintaining and removing erosion control blankets on embankment slopes, excavation slopes and other locations shown on the plans. Attention is directed to "Water Pollution Control" elsewhere in these special provisions. MATERIALS.-Materials shall conform to Section 20-2, "Materials," of the Standard Specifications and the following: STRAW BLANKET.-Straw blanket shall be machine produced mats of straw with a lightweight photo- -~ .degradable netting on top. The straw shall be adhered to the netting with biodegradable thread or glue strip. The straw blanket shall be of consistent thickness, and the straw shall be evenly distributed over the entire area of the blanket. Straw blanket shall be furnished in rolled strips with a minimum width of 6 feet, minimum length of 80 feet (±3 feet) and a minimum weight of 0.5 pound per square yard. Staples for temporary erosion control blankets shall be made of 11-gage minimum steel wire and shall be U- shaped with 6-inch legs and one-inch crown. APPLICATION.-The Contractor shall install temporary erosion control blanket as shown on the plans and in accordance with Detail Sheets 1 and 2 provided in Appendix C, CD26B(2) in the Construction Contractors _.~ Guide and Specifications of the Caltrans Storm Water Quality Handbooks. Temporary erosion control blanket shall be maintained until no longer required for the intended purpose, as determined by the Engineer. 13-03.2 Temporary Silt Fence. Temporary silt fence shall conform to the details shown on the plans and these special provisions. _~ Temporary silt fence shall be furnished, installed, maintained and removed at the locations shown on the plans. Preparation shall conform to the requirements in Section 20-3.02, "Preparation," of the Standard Specifications. Attention is directed to "Water Pollution Control" elsewhere in these special provisions. MATERIALS.-Materials shall conform to Section 20-2, "Materials," of the Standard Specifications and the following: Temporary silt fence shall be a prefabricated silt fence with a minimum woven polypropylene fabric width of 36 inches and a minimum tensile strength of 100 pounds, conforming to ASTM Designation: D 4632. ~~ 41 Spec. No. 02-10 ~~ INSTALLATION.-Temporary silt fence shall be installed as shown on the plans and in accordance with Detail Sheets 1 and 2 in Appendix C, CD36(2) in the Construction Contractors Guide and Specifications of the Caltrans Storm Water Quality Handbooks and as follows: When joints are necessary, the temporary silt fence shall overlap a minimum of 6 inches with both posts tied together. Temporary silt fences shall be maintained to provide for adequate sediment holding capacity. Sediment deposits shall be removed when the sediment deposit reaches approximately one-third of the fence height. Removed sediment shall be deposited within the project in such a way that it is not subject to erosion by wind or water, or as directed by the Engineer. When no longer required for the intended purpose, as determined by the Engineer, temporary silt fence shall be removed from the site of the work. Holes, depressions or any other ground disturbance caused by the removal of the temporary silt fence shall be backfilled and repaired in accordance with the provisions in the second paragraph of Section 15-1.02, "Preservation of Property," of the Standard Specifications 13-03.3. Temporary Straw Bale Barrier. Temporary straw bale barrier shall conform to the details shown on the plans, and these special provisions. Temporary straw bale barrier work shall consist of furnishing, installing, constructing, anchoring, staking, maintaining and removing bales at the locations shown on the plans. Preparation shall conform to the requirements in Section 20-3.02, "Preparation," of the Standard Specifications. Attention is directed to "Water Pollution Control" elsewhere in these special provisions. MATERIALS.-Materials shall conform to the provisions in Section 20-2.06, "Straw," of the Standard _;~ Specifications and the following: ' Each straw bale shall be a minimum of 14 inches wide, 18 inches in height, 36 inches in length and 50 pounds in weight. The straw bale shall be composed entirely of vegetative matter, except for binding materia!.Stakes shall be 2 inches x 2 inches wood posts. Each stake shall have a minimum length of 3 feet. Bales shall be bound by either wire, nylon or polypropylene string. Jute and cotton binding shall not be used. Wire shall be a minimum of 16-gage baling wire. Nylon or polypropylene string shall be approximately 0.08- inch in diameter with 80 pounds of breaking strength. INSTALLATION.-Temporary straw bale barriers shall be installed as shown on the plans and in accordance with Detail Sheet 1 in Appendix C, CD37(2) in the Construction Contractors Guide and Specifications of the Caltrans Storm Water Quality Handbooks and the following: Bales shall be placed so that the binding wire or string is not in contact with the ground. Bales shall be securely anchored in place by 2 stakes driven through the bales. The first stake iri each bale shall be driven toward the previously laid bale to force the bales together. Temporary straw bale barriers shall be maintained to provide for adequate sediment holding capacity. -~ Sediment deposits shall be removed when the sediment deposit reaches one-third of the straw bale barrier height. Removed sediment shall be deposited within the project in such a way that it is not subject to erosion by wind or water, or as directed by the Engineer. Installed bales shall be removed and replaced as required to adapt to changing conditions. When no longer required for the intended purpose, as determined by the Engineer, temporary straw bale barrier shall be removed from the site of the work. As an option, the Contractor may spread the straw bales on slopes or other areas approved by the Engineer. Holes, depressions or any other ground disturbance caused by the removal of the temporary straw bale barrier shall be backfilled and repaired in accordance with the provisions in the second paragraph of Section 15-1.02, "Preservation of Property," of the Standard Specifications. 13-03.4. Measurement and Payment. Temporary Erosion Control Blanket, Temporary Silt Fence, and Temporary Straw Bale Barrier are all included in the lump sum for'Temporary Erosion Control." The contract unit price paid for Temporary Erosion Control shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in installing Temporary -~ Erosion Control Blanket, Temporary Silt Fence, and Temporary Straw Bale Barriers coml5lete in place, 42 Spec. No. 02-10 _ __. ~~ including maintenance and removal of materials, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Temporary Erosion Control Blanket, Temporary Silt Fence, and or Temporary Straw Bale Barriers placed at locations other than as shown on the project plans or directed by the Engineer, in accordance with the Contractor's WPCP will not be measured and will be paid for as specified in "Water Pollution Control" elsewhere in these special provisions. No adjustment of compensation will be made for any increase or decrease in the quantities of temporary straw bale required, regardless of the reason for the increase or decrease. The provisions in Section 4-1.038, "Increased or Decreased Quantities," shall not apply to temporary straw bale. 13-04. Temporary Fences. Temporary fences shall be furnished and constructed, maintained, and later removed as shown on the plans, as specified in these special provisions, and as directed by the Engineer. Except as otherwise specified in this section, temporary fences shall conform to the plan details and the specifications for permanent fences of similar character as provided in Section 80, "Fences," of the Standard Specifications. Used materials may be used providing such used materials are good, sound, and are suitable for the purpose intehded. Materials may be commercial quality providing the dimensions and sizes of said materials are equal to, or greater than, the dimensions and sizes shown on the plans or specified by the specifications. Posts shall be either metal or wood at the Contractor's option. Galvanizing and painting of steel items will not be required. Treating wood with wood preservatives will not be required. Concrete footings for metal posts will not be required. Temporary fences that are damaged from any cause during the progress of the work shall be repaired or replaced by the Contractor at his expense. When no longer required for the work as determined by the Engineer, temporary fences shall be removed. Removed facilities shall become the property of the Contractor and shall be removed from the site of the work, ' except as otherwise provided in this section. Removed temporary fence materials that are not damaged may be reused in the permanent work providing such materials conform to all of the requirements specified for the permanent work and such materials are new when used for the temporary fences. Holes caused by the removal of temporary fences shall be backfilled in accordance with the provisions in the second paragraph of Section 15-1.02, "Preservation of Property," of the Standard Specifications. The various types and kinds of temporary fences will be measured and paid for in the same manner specified for permanent fences of similar character as provided in Section 80, "Fences," of the Standard Specifications. Full compensation for maintaining, removing, and disposing of temporary fences shall be considered as ~ indluded in "Mobilization" and no additional compensation will be allowed therefore. 13-05. Utility Location and Identification (Potholing) 13-05.1 The Contractor shall notify Underground Service Alert (USA) at least two working days prior to starting the excavation and pavement work. The underground utilities and other infrastructure locations have been taken from As Built plans. The Contractor shall consider the location of the utilities and other piping as shown on the plans to be approximate and he shall determine the exact location and depth of the existing utilities and other piping by potholing subsequent to the utility identification performed pursuant to USA notification and prior to performing excavation for the edge drain work and prior to removing the asphalt concrete pavement surface where called for. The minimum number of locations to be potholed are indicated on the plans. It is to be noted that only two water line location has been designated to be potholed. The first location is near the Station 10+g1 14' Rt. and the second in the vicinity of Station 18+73 14' Rt. It is believed that the tops of water lines are between 30" and 36" from the pavement surface. If it is demonstrated that the water pipe is nearer the surface than is believed, the Engineer may direct the contractor to pothole over other existing water line shown on the plans and/or as marked on the pavement surface as a result of the USA notification. Two pothole are required in the existing 54" storm drain at Station 12 + 40 and 12 + 60 Pothole work in excess of the number of pothole locations shown on the plans will paid for as extra work in accordance with Section 9-1.03 of the Standard Specifications. 43 Spec. No. 02-10 ITEM NO: ltc MEETING DATE: April 16, 2008 AGENDA SUMMARY REPORT SUBJECT: DESIGNATION OF COUNCIL SUBCOMMITTEE TO MEET WITH CITY MANAGER TO REVIEW THE CITY ATTORNEY'S CONTRACT WITH REGARD TO HOURLY RATE OF PAY Background: The City Attorney has a continuing personnel services agreement with the City of Ukiah. The hourly rate of pay has been amended from time to time. The current rate of pay is $125 per hour which includes overhead and administration as the Attorney maintains a separate office and clerical staff. As is typical of such contracts, the City provides no other personnel benefits to the Attorney such as sick leave, vacation, retirement, etc. The hourly rate has been at the current amount since 2000. In putting the budget figures together for next fiscal year and discussing the matter of ongoing legal services with the City Attorney, the City Manager felt the Council should review this hourly rate and consider bringing it into more equitable alignment with similar contract services in the area. Mr. Rapport has more than 20 years of service with the City and provides day to day legal advice to city staff and council members, as well as represents the City in court from time to time. If the Council feels that a review of employee performance is warranted, they may so direct that a closed session also be calendared to discuss this with the City Attorney in closed session. No discussion of compensation may be discussed in closed session however. Continued on page 2 RECOMMENDED ACTION: That the Mayor and Council appoint a subcommittee of two members to meet with the City Manager to discuss the data on comparable hourly rates of City Attorneys in the northern California area and to make recommendations to the full Council as to changes in City Attorney Rapport's contract as deemed appropriate. ALTERNATIVE COUNCIL OPTIONS: N/A FUNDING: Financial Impact: If there is a change in hourly rate it should be made effective with the new budget year beginning July 1, 2008. Requested by: David Rapport, City Attorney Prepared by: Pat Thompson, Interim City Manager Coordinated with: N/A Approved:.. y,•~u'~.ti; ,-1~ ~.~ L- Patricia Thompson, Interim City Manager