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HomeMy WebLinkAbout2008-12-03 Packet1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLA ATIONS/I TRODUCTIO S/RESE TATIO S 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of 11/5/08 b. Special Minutes of 11/13/08 C. Special Minutes of 11/19/08 d.. Regular Minutes of 11/19/08 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. Item pulled b. Reject Bids for Digester Cleaning Services C. Notification to the City Council of the Emergency Replacement of Sewer Main at Orr Creek and North State Street by Wipf Construction for a Not to Exceed Amount of $22,000 8. AUDIENCE COMMENTS O 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 P WI) a. Introduction of Ordinance Amending the Ukiah City Code (Planned Development Zoning Text) and Introduction of Ordinance Rezoning 533 South Main Street from C-1 to C-1/P-D and Approving the Robert Clark Planned Development Project 10. UNFINISHED BUSINESS a. Adopt Resolution Authorizing the City Manager to Execute Amendment No. 1 to Second Phase Agreement for Funding the Planning and Development Activities of the Lodi Energy Center (Agreement) and Authorize a Budget Amendment Transferring $470,588 from the Electric Fund Balance b. Public Works Reorganization to Incorporate the Functions of Water and Sewer Divisions and Approval of Job Reclassifications C. Discuss and Consider Potential Funding for the Alex Rorabaugh Center and Potential Management of the Facility by the Community Services Department. 11. E BUSINESS a. Appointment of Mayor and Vice Mayor; and Discussion and Possible Action Regarding the Process of Appointment of a New Councilmember b. Request for Consent from Solid Waste Systems, Inc. and North Bay Corporation to Accept Solid Waste from Outside the Service Area C. Award Bid for Roof Replacement on Old Lumber Mill Office (Airport Property) in the Amount of $9,499.50 to HLR Roofing d. Discussion of Potential Tree Ordinance and Other Pending Ordinance Requests 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION' - Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§54957.6) Agency Representative: Jane Chambers, City Manager Employee Organization: Electric Unit 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific 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. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. 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 26th day of November, 2008. Linda C. Brown, City Clerk Election Summary Report PRESIDENTIAL GENERAL ELECTION COUNTY F EN OCINO - November 2, 2004 Summary For Jurisdiction Wide, All Counters, All Races UK-MAYOR Total Number of Precincts 9 Precincts Reporting 9 100.0% Total Votes 5583 ERIC LARSON 2621 46.95% MARK ASHIKU 2932 52.52% Write-in Votes 30 0.54% - CO C EMBER Total Number of Precincts 9 Precincts Reporting 9 100.0% Total Votes ~ n 9676 JOHN McCOWEN 1753 V -+uryT18.12% MARI RODIN 1961 20.27% BOB GRAGSON 733 7.58% GORDON ELTON 635 6.56% DOUGLAS CRANE 2141 22.13% MICHAEL WHETZEL 1253 12.95%0 ANA M. ARAIZA 1166 12.05% Write-in Votes 34 0.35% Election Summary Report GENERAL ELECTION COUNTY OF EN OCINO NOVEMBER 7, 2006 City of Ukiah - Counci ember -.Elect 3 Total Number of Precincts 36 Precincts Reporting 36 100.0% Total Votes 10604 PHIL BALDWIN 1639 - , 15.46% JAMES MULHEREN 1425 13.44% JOHN MC COWEN 2245 21.17% JEANNE K. METCALF 1555 14.66% MICHAEL WIMTZEL 1593 15.02% BENJ THOMAS 2107 19.87% Write-in Votes 40 0.38% Item 5 a CITY OF KIAH 1. ROLL CALL Ukiah City Council met at a Regular Meeting on November 5, 2008, the notice for which being legally noticed on October 31, 2008. Mayor Crane called the meeting to order at 6:04 pm. Roll was taken with the following Councilmembers present: Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Councilmembers absent: None. Staff present: City Manager Chambers, City Attorney Rapport, Risk Manager/Budget Officer Goodrick, Development Permit Coordinator Ballard, Electric Utility Director Grandi, Director of Public Works/City Engineer Eriksen, Director of Community and General Services Sangiacomo, Project/Grant Administrator Mills, Director of the Grace Hudson Museum Smith-Ferri, and Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE Mayor Crane announced an Urgency Item submitted to the City Council for consideration to be added to the agenda. 6:06:02 PM MIS Rodin/Thomas to introduce the Urgency Item, Approval of the Change Order for FEMA Funded Museum Gallery Repair Work in the Amount of $9,688 for Replacement of Ceiling Drywall and Authorization to Allow City Manager to Approve Further Change Orders, if Determined to be Reasonable, with a Cumulative Total Not to Exceed $6,500 or 10% of Original Bid. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, Rodin, McCowen, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. The Urgency Item will be heard as Item 11 c. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of 10/15/08 b. Regular Minutes of 10/17/07 C. Regular Minutes of 11/7/07 M/S Baldwin/McCowen to approve the Regular Minutes of 10/15/08, 10/17/07, and 11/7/07 as submitted. Motion carried by an all AYES voice vote of the members present. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR 6:08:31 PM Councilmeber Thomas requested 7d to be withdrawn from the consent calendar. CC 11/5/08 Page 1 of 6 MIS Thomas/Rodin to approve the Consent Calendar items 7a through 7c and 7e through 7g: a. Notification of Purchase of Two Digital Radios in the Amount of $6,495.18 to Motorola, Inc. b. Rejection of Claim for Damages Received from Scott Nicoll and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund C. Progress Report on Purchase of Fire Department Ladder Truck d. RepeFt to -COU,^s„ef the Ex Rd r°7134.; to PoweF-Me s I ;sus division of the P blir Utilities Department MOVED to New Business 11.b e. Report of the Acquisition of Professional Services from Winzler & Kelly in the Amount of $9,650 for Permit Application Assistance for the 2002 STIP Gobbi Street/Oak Manor Drive/Babcock Lane Intersection Realignment Project f. Designation of Applicant's Agent Resolution for Office of Emergency Services (OES) g. Award of Bid to Summerwood Products in the Amount of $9,236.87 for Replacement of an Announcers Booth at Riverside Park that was Damaged Beyond Repair During the 2005/2006 New Year's Flood as Approved by FEMA Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None_ ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:11:51 PM Jim Rickel, announced the Truckers Light Parade is schedule for December 6, 2008. 6:14:15 PM John Graff, representing the Employer's Council of Mendocino County (ECMC), provided City Council with a brief verbal description of ECMC. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS b. Receive and Consider Skate Park Committee's Request to Explore Low Gap Regional Park as Site for Ukiah's First Skate Park 6:19:30 PM Director of Community and General Services Sangiacomo and Project/Grant Administrator Mills presented the item. Recommended Action: Receive and consider Skate Park Committee's written request to explore Low Gap Regional Park as an alternative site for development of Skate Park. Public Comment Opened 6:24 pm Public Speaking to the item: 6:24:21 PM MaryAnn Landis, 6:26:43 PM John Graff, citizen, and 6:27:58 PM Maureen Mulheren Wattenburger, Skate Park Committee. Public Comment Closed 6:29 pm MIS McCowen/Rodin to authorize staff to continue with the exploration of the Low Gap Regional Park site as the first priority and to move forward as rapidly as CC 11/5/08 Page 2 of 6 possible and to present, at a minimum, a monthly status report to City Council. Lotion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 6:33:57 PM C. Discussion and Possible Action on Scope of City's Authority to Regulate How Mobile Home Parks Served Through a Master Water Meter Charge Tenants for Water and Sewer Serviced 6:35:26 PM City Attorney Rapport presented the item. Recommended Action: After considering the City Attorney's advice, provide direction to the City Attorney on options to incorporate in ordinance/resolution for City Council consideration. Public Comment Opened 6:48 p Public Speaking to the item: 6:48:38 PM Betty Boltz: 6:51:50 PM Earl Russell; 6:52:37 PM Lisa Hillegas, Managing Attorney for Legal Services for Northern California; 7:01:25 PM David Vilner; 7:19:27 PM Gina Scott; and 7:22:16 PM Lee Howard. Public Comment Closed 7:33 pm By Consensus, City Council appointed Councilmembers McCowen and Thomas to an Ad Hoc Committee to work on the item further. Recessed at 7:54 pm Reconvened at 8:04 pm a. Report and Approval of Criteria for Establishing Insurance Limits for Encroachment Permits and Construction Contracts 8:04:48 PM City Manager Chambers and Risk Manager/Budget Officer Goodrick presented the item. Recommended Action: Council review Attachment 1 - Risk Analysis Matrix, make changes as necessary and direct staff on specific criteria to use particularly when evaluating the level of risk for encroachment permits and construction contracts. Public Comment Opened 8:19 pm Public Speaking to the item: 8:19:44 PM Jim Rickel; 8:23:32 PM Eric Crane, Crane of Ukiah; 8:34:35 PM Ken McCormick, homeowner; 8:37:15 PM Mark Walker, contractor; 8:42:25 PM Lee Howard; and 8:53:55 PM John Graff, ECMC. Public Comment Closed 8:57 p Public Comment Reopened 9:04 p Public Speaking to the item: 9:04:32 PM Eric Crane; 9:12:41 PM Lee Howard; 9:13:41 PM Mark Walker; 9:36:52 PM Eric Crane, and 9:59:47 PM Jim Rickel. Public Comment Closed 10:01 pm M/S Rodin/Baldwin to adopt the Risk Analysis Matrix with the exception of encroachment permits and by the end of next week a committee to more specifically define the encroachment permit section of the Matrix. Motion withdrawn. CC 11/5/08 Page 3 of 6 By Consensus, City Council directed staff to use the Risk Analysis Matrix as the working document, use one million dollars as the default limit and two million dollars based upon justification with the intention that the City accepts additional risk to achieve additional benefit to the local contractors and residence and to continue to refine the criteria that would more objectively define what constitutes the two million dollar limit. Staff is to work with the North Coast Builder's Exchange on what criteria constitutes the two million dollar limit and bring it back to the Financial Policies Committee. 9:49:04 PM By Consensus, City Council directed staff to further review the Trucker's Light Parade insurance issue with Captain Taylor based on the information provided at tonight's meeting and ultimately it is staff's determination on what the insurance requirements are to be. 10:05:01 PM d. Electric Utility Report on Energy Efficiency Through the Public Benefits Program 10:07:12 PM Electric Utility Director Grandi presented the item. Recommended Action: Informational only, no action by Council is required. Jim Brands, Efficiency Services Group, provided a presentation on the Electric Utility Report on Energy Efficiency through Public Benefits to the City Council. New program information will come back to City Council after January 2009. 10:35:51 PM By Consensus, City Council accepted report e. Approve Amendment 1 to the Professional Services Agreement between Efficiency Services Croup, LLC and the City of Ukiah and Authorize the City Manager to Approve Up to Two Yearly Contract Extensions 10:38:37 PM Electric Utility Director Grandi presented the item. Recommended Action: Approve Amendment 1 to the professional services agreement between Efficiency Services Group, LLC, and the City of Ukiah, and authorize the City Manager the authority to approve up to two, yearly extensions. M/S Thomas/Baldwin to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS b. Report to Council of the Expenditure of $7,434.41 to Power Monitors Inc., c/o Honn Company for the Purchase of Two Meter Recorders for the Electric Meters Division of the Public Utilities Department (was item 7d) Electric Utility Director Grandi presented the item. Recommended Action: Receive report on expenditure for recorders purchase in the amount of $7437.41 from power Monitors, Inc., C/O Honn Company. CC 11/5/08 Page 4 of 6 MIS Rodin/Thomas to approve the Recommended Action and change the dollar amount to $7434.41. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: Councilmember Baldwin. 10. UNFINISHED BUSINESS Discussion and Possible Action on Items Remaining from the September 17, 2008 Joint Meeting between the Ukiah Valley Sanitation District Board and the Ukiah City Counci110:55:12 PM Director of Public Works/City Engineer Eriksen presented the item. Recommended Action: Discuss the three items remaining from the September 17, 2008 joint meeting and provide direction on any additional data that the City Council may want included in the staff reports that will be prepared for the future joint meeting with the Sanitation District. Regarding Item 2b, master meter policy, City Council is in agreement with the staff recommendation. Regarding Item 2c, re-analysis of sewer connection fees, City Council is in agreement with the staff recommendation. Regarding Item 2e, City financially participating in reimbursing the County of Mendocino for the services of the Deputy CEO during his participation of the Ad Hoc Committee, Councilmembers Rodin. Baldwin, and McCowen support staff's recommendation and Mayor Crane and Councilmember Thomas oppose staff's recommendation. By Consensus, City Council directed staff to add to the Sanitation District Joint meeting agenda discussion on the Will Serve Policy and Cap on Sewer Fees Issue. 11. NEW BUSINESS a. Approve Relocation of CALSTAR Operations to Hangar 9 Pending Approval of Use Permit to Comply with CalTrans Aeronautics Division Finding that Current Location is Unsafe for CALSTAR's Current Operation; Authorize City Manager to Approve CALSTAR's Lease 11:34:34 PM Airport Manager Owen Recommended Action: Approve relocation pending the approval of the use permit. Authorize City Manager to negotiate and execute CALSTAR's lease. MIS McCowen/Baldwin to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. Urgency item c. Approval of the Change Order for FEMA Funded Museum Gallery Repair Work in the Amount of $9688 for Replacement of Ceiling Drywall and Authorization to Allow City Manager to Approve Further Change Orders, if CC 11/5/08 Page 5 of 6 Determined to be Reasonable, with a Cumulative Total Not to Exceed $6500 or 10% of Original Bid Museum Director Smith-Ferri presented the item. Recommended Action: Approve the Change Order for Additional Repairs in the Museum's Hart Gallery ceiling in the amount of $9,688. M/S Rodin/Thomas to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS 11:47:45 PM Councilmember Rodin reported the public has until November 14, 2008, to comment on the County of Mendocino's General Plan and thought City Council might want to submit a letter with comments and requested this item be agendized for a special meeting possibly November 13. Councilmember Baldwin reported that a plant inventory at Gibson Creek Canyon will be happening. Councilmember McCowen reported on the Rancho del Rey park negotiations and stated a meeting will be schedule with the Ad Hoc Committee. He also requested a discussion of the overlap service areas be added to the Sanitation District Joint Meeting. Mayor Crane reported there was a tax sharing meeting with the County of Mendocino. 13. CITY MANAGER/CITY CLERK REPORTS None. 14. CLOSED SESSION - Closed Session may be held at any time during the meeting 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:53 pm. JoAnne M. Currie, Deputy City Clerk CC 11/5/08 Page 6 of 6 Item 5b Ukiah, CA 95482 November 13, 2008 6:00 P 1. ROLL CALL 6:54:43 PM Ukiah City Council met at a Special Meeting on November 13, 2008, following a Special Redevelopment Meeting, the notice for which being legally noticed on November 10, 2008. Mayor Crane called the meeting to order at 6:54 pm. Roll was taken with the following Councilmembers present: Thomas, McCowen, Rodin, and Mayor Crane. Councilmembers absent: Baldwin. Staff present: City Manager Chambers, Director of Planning Stump, and Recording Secretary Davis. 2. NEW BUSINESS a. Council Consideration and Possible Approval of a Letter to the Board of Supervisors Commenting on the County's General Plan Amendment. Director of Planning Stump presented the item. Recommended Action: Approve Letter to the Board of Supervisors Commenting on the County's General Plan Amendment. By Consensus the City Council approved the letter and will submit revisions to staff. 7:0-?:33 hivl 3. PUBLIC COMMENT None. 4. ADJOURNMENT There being no further business, the meeting adjourned at 7:04 pm. Amanda Davis, Recording Secretary CC 11/13/08 Page 1 of 1 CITY OF KIAH CITY COUNCIL MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 19, 2008 4:30 p.m. 2. Item 5c ROLL CALL 4:42:20 PM Ukiah City Council met at a Special Meeting on November 19, 2008, the notice for which being legally noticed on November 14, 2008. Mayor Crane called the meeting to order at 4:42 pm. Roll was taken with the following Councilmembers present: Thomas, Rodin, Baldwin, and Mayor Crane. Councilmembers absent:McCowen. Staff present: City Manager Chambers, Director of Planning and Community Development Stump, Senior Planner Jordan, and Deputy City Clerk Currie. UNFINISHED BUSINESS a. Status Report Regarding Downtown/Perkins Street Zoning District (Form Based Code) Project 4:42:' "M Director of Planning and Community Development Stump introduced Senior Planner Kim Jordan and presented the item. Recommended Action: Receive Report and Provide Direction to Staff. Public Comment Opened 5:20 pm Public Speaking to the item: Maryann Landis 5:20:05 PM Public Comment Closed 5:21 pm By Consensus, City Council received the report working on the Form Based Code document and between the Planning Commission and City Council. 3. 4. PUBLIC COMMENT None. ADJOURNMENT and directed staff to continue to schedule joint meeting(s) There being no further business, the meeting adjourned at 5:22 pm. JoAnne M. Currie, Deputy City Clerk cc 11/19/08 Page I of 1 CITY OF UTAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 19, 2008 6:00 p.m. Item 5d 1. ROLL CALL 6:11:08 PM Ukiah City Council met at a Regular Meeting on November 19, 2008, the notice for which being legally noticed on November 14, 2008. Mayor Crane called the meeting to order at 6:11 pm. Roll was taken with the following Councilmembers present: Thomas, McCowen (arriving at the Dias at 6:12 pm), Rodin, Baldwin, and Mayor Crane. Councilmembers absent: None. City Staff present: City Manager Chambers, Lester Marston (serving as City Attorney), Director of Finance Elton, Airport Manager Owen, Director of Public Works/City Engineer Eriksen, Director of Community and General Services Sangiacomo, and Deputy City Clerk Currie. Consultants/Others: Mike Sweeney, Mendocino Solid Waste Management Authority; Phil Dow, Executive Director Mendocino Council of Governments (MCOG); and Julie Morgan with Fehr and Peers Transportation Consultants. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation of Five-County Geo Tourism Initiative by Mendocino County Promotional Alliance 6:12:11 r Vt Marsha Deshadney, Outreach and Partnership Coordinator for the California Coastal National Monument, in partnership with Richard Strom, Mendocino County Promotional Alliance, presented "Geotourism Project Begins" project. b. Proclamation: "Who Named America" Youth Education Month was not read as no one was available to receive it. Pulled 4. PETITIONS AND COMMUNICATIONS None. 5. APPROVAL OF MINUTES None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR 6:27:25 PM MIS Thomas/McCowen to approve the Consent Calendar items 7a through 7b: a. Report of Disbursements for the Month of October 2008 b. Adoption of Resolution in Support of the Ukiah Northwestern Pacific Rail Trail Phase 1 and Commitment to Provide Local Matching Funds cc 11/19/08 Page 1 of 4 Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:28:29 PM Linda Sanders, Friends of Gibson Creek, requested placing a discussion regarding a tree ordinance on the December 3, 2008, agenda. She also expressed her appreciation of the effectiveness of this City Council. 6:29:10 PM Susan Knopf, citizen, requested a discussion of a tree ordinance. 6:34:33 PM Annie Esposito, resident, requested a discussion of a tree ordinance. 6:36:17 PM Suzanne Farris, member of Paths, Open Space, and Creeks Commission, requested a discussion of tree ordinance. 6:37:29 PM 9. PUBLIC HEARINGS (6:15 PM) a. Continuation of Clark Planned Development Zoning Text Amendment and Planned Development Project 6:' ) 3: )7 ?DM Continued to 12/3/08 b. Adoption of Revised NonDisposal Facility Element of Countywide Integrated Waste Management Plan 6:38:48 PIM Director of Public Works/City Engineer Eriksen and Mike Sweeny, Mendocino Solid Waste Management Authority, presented the item. Recommended Action: Adopt the resolution revising the Nondisposal Facility Element. Public Hearing Opened 6:43 pm Public Speaking to the item: None Public Hearing Closed 6:43 pm M/S McCowen/Rodin to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin; and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 10. UNFINISHED BUSINESS a. Approval of Airport Office Space Lease Renewal with the Federal Aviation Administration 6:44:22 PM Airport Manager Owen presented the item. Recommended Action: Approve the renewal of the Federal Aviation Administration Lease. M/S Rodin/McCowen to approve the Recommended Action and directed staff to negotiate a CPI increase. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS b. Presentation on Budget Milestones and Approval of Proposed Budget Amendments 6:47:55 PM CC 11/19/08 Page 2 of 4 City Manager Chambers presented the item. Recommended Action: 1) Presentation on budget milestones and 2) Approval of proposed budget. Director of Finance Elton will provide City Council with an update of the sales tax revenue data provided by the State of California in January 2008 for the quarter ending last September. 6:59:15 PM /S Rodin/McCowen to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. a. Presentation of Mendocino Council of Governments' (MCOG's) "Ukiah Valley Area Transportation Impact Fee Nexus Study" 7:00 pm Timed Item 7:00:11 PM Director of Public Works/City Engineer Eriksen, Phil Dow, Executive Director of MCOG, and Julie Morgan with Fehr and Peers Transportation Consultants presented the item. Recommended Action: 1.) Discuss issues with consultant regarding the presentation and 2.) Direct City staff to follow up with a coordinated effort between MCOG staff and County of Mendocino staff to develop and recommend a fee for adoption. M/S McCowen/Rodin to direct City staff to follow up with a coordinated effort between Mendocino Council of Governments staff and the County of Mendocino staff to develop and recommend a fee for adoption. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS 8:03:09 PM Councilmember McCowen reported on a presentation he attended on the Biological Opinion regarding the reduction in summer flows in the Russian River and provided Council with copies. He reported on an Economic Development Workshop he attended hosted by the County of Mendocino and copies are available to City Council. Councilmember Baldwin is concerned about the potential liability the green warning sign on some crosswalks, but not all, may cause and expressed he is not in support. 8:04:35 PM Councilmember McCowen requests a discussion regarding the possibility of adoption of a tree ordinance and requests the potential use of Ukiah Redevelopment Agency (URA) funds be used for participation in the completion of the Alex Rorabaugh Center gym and the possibility of City staff assuming management of the facility be placed on the next City Council agenda. 13. CITY MANAGER/CITY CLERK REPORTS 8:07:51 PM City Manager Chambers informed City Council on an AB32 webinar scheduled for 11/20/08; informed City Council on the progress made regarding code enforcement on the Palace Hotel property; and inquired of City Council on whether or not they wished to consider cancelling the January 7, 2009, meeting due to holiday scheduling. Adjourn as City Council and convene as Ukiah Redevelopment Agency at 8:10 pm. Recessed to Closed Session for both City Council and Ukiah Redevelopment Agency at 8:18 pm CC 11/19/08 Page 3 of 4 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§54957.6) Agency Representative: Jane Chambers, City Manager Employee Organization: Electric Unit b. Conference with Real Property Negotiators 54956.8); Property: APN 001-271-01; 001-040-14, 65, 08, & 71 (portion); 001-230-08; 157- 070-01; 001-241-04 & 09; Negotiator: Jane Chambers, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero Reconvened in Open Session with no reportable action at 9:24 pm. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:24 pm. JoAnne M. Currie, Deputy City Clerk CC 11/19/08 Page 4 of 4 V 7b December 3, 2008 SUBJECT: REJECT BIDS FOR DIGESTER CLEANING SERVICES Background: The City of Ukiah's Wastewater Treatment Plant requested the Purchasing Department issue bids for cleaning Digester #2. Request for Bids were released on October 30th, 2008 to all known digester cleaning companies. Bids were due at 1:30 p.m. on November 19th, 2008. Two bids were received. One was from North American Digester Cleaning Services in the lump sum amount of $22,750.00, and the other was from Wastewater Solids Management, Inc. in the lump sum amount of $60,500.00. Discussion: Staff is recommending that both bids be rejected for the following reasons: 1. The low bidder made an exception to a portion of the scope of work which has made their bid non-responsive, and, 2. Because the second lowest bidder is significantly over budget, Staff is not confident that this is a competitive bid price for the subject work. If the Council approves this rejection, it is Staff's plan to revisit the scope of work and re-issue the bids. Fiscal Impact: Budget Amendment Required Budgeted FY 08/09 F-1 New Appropriation ® Not Applicable F Recommended Action(s): Reject bids received for Digester Cleaning Services. Alternative Council Option(s): Provide further direction to Staff. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Bill Pounders, Interim Wastewater Treatment Plant Supervisor Attachments: /1 11 Approved: Jah~ Chambers, City Manager I/ Background: A leak in a 6-inch steel sewer main was discovered by Public Works staff on Thursday afternoon, October 30, 2008. The leak occurred at the northern end of the main underneath the Orr Creek bridge on North State Street. Water/Sewer Field Operations staff was able to temporarily repair the leak by installing a sleeve clamp over the damaged area. Discussion: This section of sewer main is under the bridge and crosses Orr Creek. Immediate replacement was necessary due to the location and corrosion of the steel sewer pipe. The following morning, Wipf Construction and Public Works staff inspected the sewer main and temporary repair to determine the work plan for the emergency sewer main replacement. Due to the weather, Wipf Construction was not able to began the replacement work until Tuesday, November 4, 2008. The replacement work was completed on Thursday, November 06, 2008. Sixty feet of steel pipe was replaced; 15 feet of plastic pipe on either side of the steel pipe was replaced and a new manhole was installed north of the bridge for future maintenance and emergency pumping access to protect Orr Creek. Fiscal Impact: Budgeted FY 08/09 ❑ New Appropriation rX1 Amount Budgeted Source of Funds (title and $ 105,000 Sewer System Maintenance Contractual Services Not Applicable F-1 Budget Amendment Required Account Number Addit. Appropriation Requested 612.3510.250.000 Continued on Page 2 Recommended Action(s): Report to Council of the Emergency Replacement of Sewer Main at Orr Creek and North State Street by Wipf Construction for A Not To Exceed Amount of $22,000. Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Interim Water/Sewer Operations Superintendent and Dan Hunt, Acting Water/Sewer Field Operation Supervisor Coordinated with: Jane Chambers, City Manager Attachments: none Approved: Jar~g~Chambers, City Manager ITEM NO.: MEETING DATE: AGENDA SUMMARY REPORT 9a December 3, 2008 SUBJECT: INTRODUCTION OF ORDINANCE AMENDING THE UKIAH CITY CODE (PLANNED DEVELOPMENT ZONING TEXT) AND INTRODUCTION OF ORDINANCE REZONING 533 SOUTH MAIN STREET FROM C-1 TO C-1/P-D AND APPROVING THE ROBERT CLARK PLANNED DEVELOPMENT PROJECT SUMMARY: Mr. Robert Clark, owner of a fully developed 8,237 square foot parcel located at 533 South Main Street is proposing to amend the City Code and eliminate the'/2 acre minimum lot size requirement for planned development projects, and is seeking approval of a planned development rezoning proposal for the site (C-1 zoning rezoned to C-1 /P-D). Eliminating the'/z acre minimum lot size requirement would enable Mr. Clark to pursue the planned development project because the site is less than %z acre in size. The Planned Development zoning would allow Mr. Clark to subdivide the lot into three small lots with less than the normally required square footage. He is seeking approval for three lots sized 4,007 sq. ft.; 2,289 sq. ft.; and 1,939 sq. ft. If the City Council approves the zoning text amendment and planned development rezoning project, the City Engineer will conduct a public hearing to consider the minor subdivision. To approve the zoning text amendment, the City Council must first approve the recommended mitigation negative declaration and then introduce an ordinance modifying the Ukiah City Code. To approve the Clark Planned Development project, the Council must then introduce a second ordinance changing the zoning on the subject property from C-1 (Community Commercial) to C-1/P-D (Community Commercial/Planned Development). Fiscal Impact: Budgeted FY 08/09 F-1 New Appropriation ® Not Applicable F1 Budget Amendment Required Continued on Paae 2 Recommended Action(s): 1) Approve the Mitigated Negative Declaration; 2) Introduce the ordinance amending Division 9, Chapter 2, Section 9167(8) of the City Code; and 3) Introduce the ordinance rezoning the subject property from C-1 to C-1/P-D and approving the Clark planned development project. Alternative Council Option(s): Do not introduce the ordinances and provide direction to Staff. Citizens advised: Publicly noticed according to the requirements of the City Code Requested by: Mr. Robert Clark Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: 1) Mitigated Negative Declaration 2) Ordinance modifying the planned development zoning text 3) Ordinance rezoning the subject property 4) Planning Commission Staff Report and Minutes, November 12, 2008 Approved: J Chambers, City Manager PROJECT DESCRIPTION 1. Planned Development Combining District Text Amendment: Proposal to eliminate the Y2 acre minimum lot size for planned development projects. 2. Planned Development Proiect: Proposal to allow the subdivision of a 8,237 square foot parcel into 3 parcels smaller than the 6,000 sq. ft. minimum lot size with sizes of 4,007 sq. ft., 2,289 sq, ft., and 1,940 sq. ft. The site is fully developed with a duplex structure and a small office building. As a result of the proposal, lots 1 and 2 would each be developed with a single residential unit and lot 3 would be developed with the small office structure. PROJECT INFORMATION Location 533 South Main Street, Ukiah GP Designation and Zoning "C" Commercial and "C-1" (Community Commercial Proposed Zoning "C-1" /"P-D" (Community Commercial/Planned Develo ment Parcel Size required for Planned Development 21,780 square feet 1/2 acre Parcel Size 8,237 square feet Required Lot Sizes in C-1 6,000 s q, ft. interior lots and 7,000 s q. ft. corner lots Proposed lot sizes 4,007 s q. ft. corner ; 2,289 s q. ft.; and 1,939 s q. ft. Existing Development Lot 1 - SFD; Lot 2 - SFD; Lot 3 - Office PLANNING COMMISISON REVIEW: The Planning Commission conducted a pre-application review and public discussion with Mr. Clark, and then two public hearings to formulate recommendations to the City Council. Throughout this process, no public opposition was expressed, and the Commission voted unanimously to recommend that the Council adopt both ordinances. Ordinance Modifying the Planned Development Text The Planning Commission expressed concern that if the %2 acre minimum lot size for planned development projects was eliminated from the code, the planned development tool could be used to potentially create small lots in residentially zoned areas, which could impact the character of these neighborhoods. To address this issue, the Commission is recommending that Section 9167(B) of the Ukiah City Code be revised to read: "Minimum Area: A Planned Development Combining Zone shall include a minimum area of one-half (1/2) acre, under single ownership or otherwise subject to unified planning, construction, and management, unless the subject property has all of the following characteristics, in which case there is no minimum site area requirement: 1. The property is located in the-Downtown Master Plan Area as depicted in Figure VI.2- KK of the Ukiah General Plan. 2. The property is within easy walking distance to routine destinations such as a grocery store, medical offices, retail shopping, restaurants, etc. 3. The property is situated along a transit route or within easy walking distance to a transit stop. 4. All public services and infrastructure are available to adequately serve the project. 5. There is adequate outdoor recreation areas/yard space within the project and/or the site is in close proximity to a public park or recreation area. 2 6. The proiect includes an actual development plan and the buildings are architecturally compatible or superior in design to the surrounding existing development The Commission concluded that the %2 acre minimum lot size requirement could be eliminated for property within the downtown area because the downtown is the densest part of the community and where infill and smaller lots make the most sense. Ordinance Rezoning the Robert Clark Property and Approving the Planned Development Project The Planning Commission concluded that the Clark property located at 533 South Main Street was consistent with the standards listed above and that the existing structures on the property were nicely designed and compatible with other developments in the area. It concluded further that the rezoning and planned development project was consistent with the goals and policies of the General Plan and represented well planned infill development. The Commission voted unanimously to recommend that the City Council adopt the ordinance rezoning the property from C-1 (Community Commercial) to C-1 / P-D (Community Commercial / Planned Development). ENVIRONMENTAL REVIEW An Initial Environmental Study was prepared for the project to determine if a Negative Declaration or Environmental Impact report was appropriate for the project to comply with the California Environmental Quality Act (CEQA). As a result of this analysis, staff was able to conclude that a Mitigated Negative Declaration was appropriate for the project. The Initial Study and Mitigated Negative Declaration are attached to this report. The public review period ended on November 3, 2008 and no comments were received. RECOMMENDED ACTION 1) Approve the Mitigated Negative Declaration 2) Introduce the ordinance amending Division 9, Chapter 2, Section 9167(8) of the Ukiah City Code 3) Introduce the ordinance rezoning the subject property from C-1 to C-1/P-D and approving the Clark planned development project 3 ATTACHMENT NO. 1 CITY OF UKIAH MITIGATED NEGATIVE DECLARATION DATE: October 7, 2008 APPLICANTS: Mr. Robert Clark PROJECT : Clark Zoning Code Text Amendment and Planned Development 07-44 and Subdivision 07-45 LOCATION: 533 South State Street, Ukiah, CA PROJECT DESCRIPTION: The project consists of a text amendment to the planned development provisions contained in the Ukiah Zoning Code; a Planned Development ordinance for a small development project; and a minor Subdivision. 3. Text Amendment: Proposal to eliminate the Y acre minimum lot size for planned development projects. 4. Planned Development and Subdivision Proiect: Proposal to allow the subdivision of a 8,237 square foot parcel into 3 parcels smaller than the 6,000 sq. ft. minimum lot size with sizes of 4,007 sq. ft., 2,289 sq, ft., and 1,940 sq. ft. The site is fully developed with a duplex structure and a small office building. ENVIRONMENTAL SETTING: The subject property consists of rectangular shaped parcel in a well established dense urban environment. The Site is fully developed with a duplex unit, office building, surfaced parking spaces and associated landscaping. ENVIRONMENTAL ANALYSIS: City of Ukiah staff conducted a careful and comprehensive review of the project that included the preparation of an Environmental Checklist in which one potentially significant adverse impact to the environment was identified (Community/neighborhood Character). Based on this analysis, staff has concluded that the project will require the adoption of mitigation measures and a mitigation monitoring program. Staff further concluded that a Mitigated Negative Declaration for the project is appropriate and specific Findings in support of this determination are listed below. FINDINGS SUPPORTING A MITIGATED NEGATIVE DECLARATION: 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project 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 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 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 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 document may be reviewed at the City of Ukiah Planning Department, Ukiah Civic Center, 300 Seminary _/O`7-a Date 1 Z 7 CITY OF UKIAH INITIAL STUDY POTENTIAL ENVIRONMENTAL IMPACTS BACKGROUND INFORMATION: 1. Name of Project: Clark Zoning Code Amendment and Planned Development Ordinance 07-44 and Subdivision 07-45 2. Name of Project Proponent: Mr. Robert Clark, Property Owner 3. Project Location: 7533 South Main Street, Ukiah, CA 4. Assessors Parcel Number(s): 002-311-19 5. Date of Initial Study Preparation: October 7, 2008 6. Name of Lead Agency: City of Ukiah 7. Address and Phone Number of Lead Agency: 300 Seminary Avenue, Ukiah, CA 95482 / (707) 463-6207 8. Environmental Setting: The subject property consists of rectangular shaped parcel in a well established dense urban environment surrounded by residential and commercial land uses. The Site is developed with a duplex structure and small office building. 9. Project Description: The project consists of a text amendment to the planned development provisions contained in the Ukiah Zoning Code and a Planned Development ordinance for a small development project. Text Amendment: Proposal to eliminate the %2 acre minimum lot size for planned development projects. Planned Development Project: Proposal to allow the subdivision of a 8,237 square foot parcel into 3 parcels smaller than the 6,000 sq. ft. minimum lot size with sizes of 4,007 sq. ft., 2,289 sq, ft., and 1,940 sq. ft. The site is fully developed with a duplex structure and a small office building. 11. Plans, Exhibits, and other Submitted Application Materials: All the plans, exhibits, technical reports, and other submitted application materials are available for review at the City of Ukiah Department of Planning and Community Development - 300 Seminary Ave., Ukiah. The Site Plan is attached to this Initial Environmental Study. 12. Initial Study Prepared by: Ukiah Planning Department Staff 8 /-,3 SUMMARY OF FINDINGS- After careful review of the project and surrounding neighborhood, staff identified only one potentially significant adverse environmental impact (Land Use Planning and Community Character) and has determined that with the imposition of mitigation measures, the proposed project will not violate any of the significance criteria, and therefore, a Mitigated Negative Declaration is appropriate for the project. ENVIRONMENTAL ISSUES CHECKLIST: Potentially Potentially Significant Less Than No ENVIRONMENTAL ISSUES Significant Unless Significant Impact Impact Mitigation Impact Incorporated 1. AESTHETICS - Would the project: a) Have a substantial adverse effect on an officially designated 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 conflict with the architecture of the surroundings built environment? d) Create a new source of substantial light or glare with would adversely affect day or nighttime views in the area? II. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1977) prepared by the California Dept. of Conservation as an` optional model to use in assessing impacts on agriculture and farmland. Would the project: 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? / 1-4- Potentially Potentially Significant Less Than No Ill. AIR QUALITY Significant Unless Significant Impact Impact Mitigation Impact Incorporated Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 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 V/ 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 qualitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES: Would the project: 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 impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? C) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Potentially Significant IV. BIOLOGICAL RESOURCES (Continued): Would Potentially Unless Less Than the-project: Significant Mitigation Significant No Impact Impact Impact Incorporat ed r r 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 wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? f) Conflict with the provisions of an adopted habitat Conservation Plan, natural Community Conservation Plan, or the approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 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? VI. GEOLOGY AND SOILS: Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: , i.) 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 the other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii.) Strong seismic ground shaking? VI. GEOLOGY AND SOILS (Continued): Would the Potentially Potentially Significant Less Than No project: Significant Unless Significant Impact Impact Mitigation Impact Incorporated iii.) Seismic-related ground failure, including liquefaction? ~ (a iv) Landslides"? b) Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potential result in on-site 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? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: 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 likely 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? VII. HAZARDS AND HAZARDOUS MATERIALS Potentially (Continued): Would the project: Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Incorporated 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. / I-7 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 projected area? g)Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to the risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Vlll. HYDROLOGY AND WATER QUALITY: 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 lever (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-site or off-site? Potentially Vlll. HYDROLOGY AND WATER QUALITY Significant (Continued): Would the project: Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact 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 that would result in flooding on-site 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? Y4 /`J f} Otherwise substantially degrade water quality? g)Place housing within a 100-year floodplain as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures r/ 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 a dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING: Would the project: a) Physically alter an established neighborhood or community ? b) Be inconsistent with the zoning classification for the ro ert ? p p y c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Potentially Significant X. MINERAL RESOURCES: Would the project: Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact 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? XI. NOISE: Would the project result in: I?( I - ~ 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 t/ groundborne vibration 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 2 miles of a public airport or public use airport, would the project expose people residing or working 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? XII. POPULATION AND HOUSING: Would the project: 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)? Potentially XII. POPULATION AND HOUSING (Continued): Would Significant the project: Potentially Unless Less Than No Significant Mitigation Significant Impact Impact Incorporated Impact 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? X111. PUBLIC SERVICES: Would the project: j® a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the 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? b) Impact recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XIV. TRANSPORTATION/TRAFFIC: Would the project: 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 vehicle 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 City General Plan for designated roads? - c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design feature such h as a s arp curve or dangerous intersections? e) Result in inadequate emergendy access? f) Result in inadequate parking capacity? g) Cause a safety hazard to bicycle and/or pedestrian traffic? Potentially XV. UTILITIES AND SERVICE SYSTEMS: Would the Potentially Significant Less Than project: Significant Unless Significant No Impact Mitigation Impact Impact Incorporated a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new -waste 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 stormwater 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 f to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? DISCUSSION AND FINDINGS Planning staff first prepared the Environmental Checklist included in this analysis, in accordance with local and state requirements for environmental review. In doing so, staff concluded that proposed Zoning Code Text Amendment and Planned Development project would cause no potentially significant adverse impacts related to Drainage, Air Quality Agricultural Resources; Biological Resources; Land Use Planning, Mineral Resources; Noise; Geology and soils, and Population and Housing. This conclusion is based on the fact that the site is already fully developed and the site is not large enough for any future development. Additionally, Staff was able to conclude that the Planned Development Zoning Code amendment to eliminate the '/2 acre minimum lot size requirement would not result in impacts to the above listed environmental resources for the following reasons: 1) The potential environmental impacts resulting from a planned development project on a %2 acre parcel would not be changed, intensified or any different if the project were proposed on a'/ acre or smaller parcel; 3) The Ukiah Zoning Code requires any planned development project on any size parcel to be subject to discretionary review and an individual CEQA analysis. Furthermore, review of resource documents maintained by the Planning Department as well as a field visit and inspection of the property revealed that there are no agricultural lands, important mineral resources, or sensitive biological resources on or in close proximity to subject parcel. Review of additional Planning Department resource material reveals no identified geologically unstable soils on the subject property and no inconsistencies with the General Plan, housing goals and policies, or other planning documents. Similarly, the Department of Public Works reviewed the proposal and concluded that because no additional development is possible on the site, there would be no an increase in traffic or parking demand in the area. j-/Z- riowever, otan aia aetermine mat the proposea project nas the potential to alter community character by potentially allowing planned development projects with relaxed development standards on small lots in areas designated and zoned for low densities. This potential impact and a recommended mitigation measure are discussed below. ANALYSIS OF POTENTIAL ENVIRONMENTAL IMPACTS SECTION IX: LAND USE PLANNING AND COMMUNITY CHARACTER A. Setting: The actual project site is located on the southeast corner of the intersection between South Main Street and Cleveland Lane. Surrounding development includes high density residential, commercial retail, professional offices, restaurants, and public facilities. It is a dense urban environment along an important north-south "collector" street. In regard to the "setting" as it relates to the proposal to eliminate the %Z ace minimum lot size, the amendment would affect parcels citywide, and therefore the setting ranges from low to high density urban neighborhoods. B. Significance Criteria: A significant adverse impact to community character would occur if a proposal resulted in development that was in stark contrast with an established surrounding neighborhood. C. Potential Impacts: Staff is able to conclude that the proposed planned development project would not result in a stark contrast with the existing surrounding neighborhood on South Main Street because the parcel is built-out with a duplex and a small professional office building. The purpose of the project is to allow the parcel to be subdivided into lots smaller than normally allowed in the Community Commercial Zoning district. The existing development is consistent with the density and intensity of surrounding land sues. However, the proposed amendment to the zoning code that would eliminate the 'h acre minimum lot size could result in impacts to community character in the low density neighborhoods in Ukiah. It would allow owners of small parcel in single family residential neighborhoods to propose planned development projects that could result in the development of single family residences on smaller than normal lots, and therefore increased density and a conflict with the purpose and intent of the single family residential zoning district. D. Mitigation Measure for Impacts to Community Character The text of the code should be rewritten to read: "Minimum Area: A Planned Development Combining Zone shall include a minimum area of one-half (112) acre, under single ownership or otherwise subject to unified planning, construction, and management, unless the subject property has all of the following characteristics in which case there is no minimum site area requirement: 7. The property is located in the Downtown Master Plan Area as depicted in Figure VI 2-KK of the Ukiah General Plan. 8. The property is within easy walking distance to routine destinations such as a grocery store medical offices, retail shopping restaurants etc 9. The propertv was situated along a transit route or within easy walking distance to a transit std 10. All public services and infrastructure were available to adequately serve the proiect V 1-13 11. There was adequate outdoor recreation areas/yard space within the project and/or the site was in close proximity to a public park or recreation area. 12. Theproiect included an actual development plan and the buildings were architectural compatible or superior in design to the surrounding existing development. E. Impact Significance After Mitigation: The mitigation measure limits the elimination of the minimum lot size for planned development projects to the downtown master plan area which is the highest density area of the city, and to areas within that district where infrastructure, alternative transportation, goods and services, employment opportunities are available. This precludes planned development on parcels smaller than Y2 acre in the low density areas of the city. The recommended mitigation measures eliminates the identified impact. MANDATORY FINDINGS OF SIGNIFICANCE: A. Potential to Degrade: Does the project 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 species, or eliminate important examples of the major periods of California history or prehistory? YES NO X B. ShortTerm: Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future). YES NO X C. Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant). YES NO X D. Substantially Adverse: Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? YES NO X 23. DETERMINATION: On the basis of this Initial Study. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because the mitigation measures described within the Initial Study will be incorporated into the design of the project or required by the City of Ukiah. A MITIGATED NEGATIVE DECLARATION will be prepared. MAY have a significant adverse impact on the ACT REPORT shall be required. Charles Stump Print Name October 7 2008 Date r 21 j_ c) RESOURCES USED TO PREPARE THIS INITIAL STUDY 1. City of Ukiah _General _Plan, 1995 2. Soil Survey of Mendocino County, Eastern Part, and Trinity County Southwestern Part, California, U.S. Department of Agriculture - Soil Conservation Service, January, 1991. 3. Landslides and Engineering Geology of the Western Ukiah Area Central Mendocino County, California, CA Department of Mines and Geology, 1992 4. A History of the Salmonid Decline in the Russian River, Steiner Environmental Consulting, August, 1996 5. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). 6. Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996 7. City Air Photographs: 2000 and 2001 8. Citywide Traffic Study Technical Report No. 1 - Existing Conditions, Omni Means Transportation Engineers, April 2004. 9. A Study of Air Quality Conditions Including Emissions Inventory, Ozone Formation PM-10 Generation, and Mitigation Measures for Mendocino County, California, Sonoma Technology, Inc., November-16, 1998. 10. City of Ukiah Commercial Development Design Guidelines, Adopted in 2001 - Revised in 2007 11. Discussions with the following City staff and Agency representatives: a. Chuck Yates, Fire Marshal b. Tim Eriksen, Director of Public Works c. Rick Sands, Water/Sewer Engineering Technician d. Ben Kageyama, Senior Civil Engineer X/-4 IVII I IU I IV MUNI I UKINU VKL)UKAM Clark Zoning Code (Planned Development Text) Amendment Clark Planned Development Project 533 South Main Street, Ukiah COMMUNITY CHARACTER Mitigation Measure The text of the code should be rewritten to read: "Minimum Area: A Planned Development Combining Zone shall include a minimum area of one-half (1/2) acre, under single ownership or otherwise subject to unified planning, construction, and management, unless the subject property has all of the following characteristics in which case there is no minimum site area requirement: 1. The property is located in the Downtown Master Plan Area as depicted in Figure VI 2-KK of the Ukiah General Plan. 2. The _property is within easy walking distance to routine destinations such as a grocery store medical offices, retail shopping, restaurants, etc. 3. The Property was situated along a transit route or within easy walking distance to a transit stop 4. All -public services and infrastructure were available to adequately serve the project 5. There was adequate outdoor recreation areas/vard space within the proiect and/or the site was in close proximity to a public park or recreation area. 6. The proiect included an actual development plan and the buildings were architecturally compatible or superior in design to the surrounding existing development Monitoring Procedures The City shall incorporate the mitigation language into the ordinance during the review and approval process. Monitoring and Reporting Department City Staff shall ensure that the language is properly codified into the Ukiah City Code. Funding Responsibility Minimal funding is required. Funding to implement the mitigation measure is the responsibility of the City and will come from the current 2008-2009 budget for the Department of Planning and Community Development Department. No additional funds are needed or required. Timing The mitigation shall be implemented at the time the ordinance is introduced and adopted by the City Council. ~ 1-'I7 ATTACHMENT NO.2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 9167(B) OF ARTICLE 14, CHAPTER 2 OF THE UKIAH CITY CODE The City Council of City of Ukiah does hereby ordain as follows: Section One Pursuant to Section 9265 of the Ukiah City Code, Division 9, Chapter 2 (Zoning), Article 14, Section 9167(B) is amended to add language providing relief from the Y2 acre minimum lot size for Planned Development Projects provided certain criteria are satisfied. Section Two The amendment to Chapter 2 of Division 9, Article 14, Section 9167(B) of the Ukiah City Code includes the following: "Minimum Area: A Planned Development Combining Zone shall include a minimum area of one-half (1/2) acre, under single ownership or otherwise subject to unified planning, construction, and management, unless the subject property has all of the following characteristics, in which case there is no minimum site area requirement: 1. The property is located in the Downtown Master Plan Area as depicted in Figure V1.2-KK of the Ukiah General Plan. 2. The property is within easy walking distance to routine destinations such as a grocery store, medical offices, retail shopping, restaurants, etc. 3. The property is situated along a transit route or within easy walking distance to a transit stop. 4. All public services and infrastructure are available to adequately serve the project. 5. There is adequate outdoor recreation areas/yard space within the project and/or the site is in close proximity to a public park or recreation area. 6. The project includes an actual development plan and the buildings are architecturally compatible or superior in design to the surrounding existing development. Section Three This amendment to Chapter 2 of Division 9, Article 14, Section 9167(B) of the Ukiah City Code is necessary to promote and provide opportunity for creative and reasonable residential infill development. Section Four A Mitigated Negative Declaration was prepared pursuant to the requirements of the California Environmental Quality Act and published for public review and comment, and no comments were received for consideration. 7, Section Five The Planning Commission conducted two public hearings on October 22, 2008 and November 12, 2008 to consider the Mitigated Negative Declaration and Ordinance, and voted 5-0 to recommend City Council approval of the Mitigated Negative Declaration and adoption of the Ordinance. Section Five This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section Six This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Linda Brown, City Clerk Douglas F. Crane, Mayor 2 Z - 21 ATTACHMENT 3 Page 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah Municipal Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on a 8,237 square foot parcel located at 533 South Main Street (APN 002-311-19) from C1 (Community Commercial) to C1-PD (Community Commercial-Planned Development Combining), and approve a three-lot subdivision, as shown on Exhibit 1 - Page 1 of this Ordinance. SECTION TWO This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to promote and provide opportunity for creative and reasonable infill development on the site with standards that will allow the division of the site into 3 lots, all smaller than typically allowed in the C1 zoning district. The site contains three structures and the subdivision would allow each structure to be located on an individual lot as shown on the Precise Development Plan, Exhibit 1 - Page 2 of this ordinance and--subject to the Findings and Conditions of Approval shown on Exhibit 1 - Page 3 of this ordinance. SECTION THREE This rezoning action and amendment to the official Zoning Map of the City of Ukiah is effective upon the adoption of the Planned Development District Text Amendment establishing criteria for Planned Development Projects on less than'/2 acre lots and recordation of the Parcel Map for the minor subdivision. SECTION FOUR This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FOUR This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: H I I jAt.r11Y]r-N 1 j Page 2 Passed and adopted on , 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mari Rodin, Mayor ATTEST: Linda Brown Deputy City Clerk 213-v Clark - Fanned Development Rezoning - ATTACHMENT 3 Exhibit 1 Page 1 C/eve%nd Subd C2 06/ P4q UK1Ay C/TY ~ ~ c/evtion0 - - - - - - - - - 28 Lols 5,6,7 C/eve/ond Troci 3- 03/ u, _ ~ ~I c /H I L r Q ie ~ ; I 2/ ©2 r O ~ ' O Q ~ ; ~ ©M Y -Od:lf~I)D' . EI!' 1/S /ttOi 27 y ~ ~ 5 32 I e O 5 a ~ i t,,/d <ar a mr mrs ar.a• r n 3/ ` 1 ^ a I 3// e ~ ©e ® ~ r ~ /2 C I y 36 $ V y ' r I I I 1 ~ / I~ O ` I h 0~ N RS t I tt 00' - tr w RS/ /JSlr I, r I 35 C • /na/' /art' •wo.- ot' w ~ SD JTS . ,l,/t-r, 3 X300 ,,.~,oe' S7REE7 Goew Bk3 58 ~saor s Map County ofMendacino Ca/if . Moroh, /949 N /Oo* Rezone from C-1 (Community Commercial) To C-1 / P-D (Community Commercial / Planned Development) X 7 -3 ~y 1 ! 59'89 11 Lt i.- i LLJ T V < a N t.E ~G tll b 61 I l q aL e y Ual l V C9t-aw N - L4 LL: LL: 6 n &6 W I i LL) z o 0 C.... _ _ 4 1 z w I ` II I a e i - .lL'CS i I~ - 0 r x w a W a I I a m ~ . . U) ID N N a i I u 3 q t m H I a 5~ j b ~ o No pv~ U V I ~ > ~ ~ c9wat- w - g ~ ~a ~ x 5 ~ 3 m n a L = a N~c~ ° j w z I - F - W n u n n° a~ o« _nW U'Nh 31 3 59'69 ATTACHMENT 3 Exhibit 1 Page 3 Recommended Findings and Conditions of Approval Clark Planned Development FINDINGS: 1. The rezone of the subject property from C1 to C1 - PD and the establishment of a mixed-use residential/commercial planned development on the site are consistent with the goals and policies of the C (Commercial) General Plan land use classification, the purpose and intent of the C1 Zoning District, and with the purpose and intent of the PD Combining Zone, which provides greater flexibility and design opportunities for such projects; 2. There is sufficient variety, creativity, and articulation in the architecture of the existing residential and commercial buildings to avoid monotony or any box-like external appearance and the buildings and surrounding grounds will generally be consistent with the design and scale of similar developments in the surrounding neighborhood; 3. The location, size, and intensity of the existing structures, adjoining parking areas and access driveways will not create hazardous or inconvenient impacts to existing vehicular traffic patterns since these facilities are already developed and in use and will not cause substantial traffic volume increases or alter existing traffic patterns in a substantial manner; 4. The subject property is already developed with adequate accessible off-street parking areas that are located on the proposed lots, limiting the potential for hazardous or inconvenient conditions to adjacent surrounding uses; 5. The location, size, and intensity of the project will not create hazardous or inconvenient impacts to pedestrian traffic since it will utilize an existing pattern of sidewalks in the immediate area. 6. Sufficient landscaped areas and open spaces have already been developed and will be retained for purposes of separating or screening the structures on each site from each other and from adjoining properties; 7. The existing structures that will be retained on the site will not cut out light or air on the property since they are set back far enough from abutting buildings on the site or on abutting properties to limit adverse shading patterns on those lots; 8. The planned development will utilize existing buildings and will not cause excessive damage to or destruction of natural features on the site since no additional development is proposed; 9. The development of this property with the planned development will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district since the proposed planned project will utilize existing buildings that are compatible with surrounding development and accepted in the surrounding neighborhood; '21-31 ~ ATTACHMENT 3 EXHIBIT 1 Page 4 10. The proposed planned development project will utilize existing structures and infrastructure that is already compatible with surrounding land uses and will not be detrimental to the public's health, safety, and general welfare since the project entails no increases in the development density of the site, is self-contained, and developed in a manner that is consistent with the surrounding land uses. 11. The design of the project has considered the impact and needs of the user in respect to circulation, parking, traffic, utilities, public services, noise and odor, privacy, private and common open spaces, trash collection, security and crime deterrence, energy consumption, and other design concerns. 12. The location of the buildings and structures respect the natural terrain of the site and are functionally integrated with the natural features of the landscape. 13. All the structures on the site are be harmonious and consistent in terms of the architectural style, roofing, exterior materials, windows, doors, textures, colors, and other exterior treatments. 14. The overall design of the project is integrated and compatible with the neighborhood and is in harmony with the scale and bulk of the surrounding built environment. 15. The development of the planned development project is not exempt from the provisions of the California Environmental Quality Act, but an Initial Study done in accordance with CEQA identified no unmitigatable significant adverse environmental impacts and a Mitigated Negative Declaration has been prepared for the project. RECOMMENDED CONDITIONS OF APPROVAL: Standard Conditions 1. All use, construction, or occupancy shall conform to the Precise Development Plan for the Planned Development approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. 2. In addition to any particular condition, which might be imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 3. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. 4. The approved Precise Development Plan for the Planned Development may be revoked through the City's revocation process if the approved project related to the development plan is not being conducted in compliance with the stipulations and conditions of approval; or if the project is not established within two years of the effective date of approval; or if the established land use for which the permit was granted has ceased or has been suspended for twenty four (24) consecutive months. 5. Except as otherwise specifically noted, the Precise Development Plan for the Planned Development shall be granted only for the specific purposes stated in the action approving the development plan and shall not be construed as eliminating or modifying any building, use, or zone requirements except as to such specific purposes. ~6 3-6 ATTACHMENT 3 EXHIBIT 1 Page 5 Public Works - Water and Sewer Conditions 6. Each lot created by the subdivision shall have separate and individual water and sewer service. The duplex that was recently constructed has two water meters, but there is only one sewer lateral that serves the two units. A new sewer lateral is required for proposed Parcel 2 and shall be constructed prior to the recordation of the Parcel Map. 7. The existing water service for proposed Parcel 2 crosses over proposed Parcel 1. The parcel Map filed for recordation shall include an easement for that utility. 8. The sewer lateral that serves the existing structure on proposed Parcel 1 shall be video inspected and water pressure tested in compliance with City of Ukiah Ordinance No. 1105 prior to recordation of the Parcel Map. If the sewer lateral fails the required water pressure test, the sewer lateral shall be repaired or replaced to the satisfaction of the Public Works department and re- tested until a passing test is achieved. Public Works -Additional Conditions 9. Prior to the recordation of the Parcel Map, the applicant shall pay the required in-lieu park development fees pursuant to Ukiah City Code Section 8400 et seq. 10. The drain pipe from the office building parking lot on proposed Parcel 1 crosses the corner of proposed Parcel 2. The parcel map submitted for recordation shall include a private storm drain easement over Parcel 2 for the benefit of Parcel 1. If access to Parcel 2 crosses Parcel 3, an access easement must be created over Parcel 3 and shown on the Parcel Map submitted for recordation. Building Division Conditions 11. A one-hour firewall is required between the residential units at the property line between Parcels 2 and 3, and shall extend from the foundation through to the attic. 12. A parapet wall may be required at the property line between Parcels 2 and 3 or one of the exceptions to Section 704.11 in the 2007 California Building Code. 13. No utilities shall pass from one building to another. 14. Recordation of the Parcel Map shall be contingent upon, and shall not occur prior to City Council approval of the Planned Development zoning text modification and City Council approval of the Planned Development Rezoning, and contingent upon all legal timeframes associated with these actions. / 3-7 Atfi c e-nt 4- City of Ukiah COMMISSION STAFF REPORT TO THE PLANNING Clark Planned Development Text Amendment an Planned Development Rezoning Project 07-44 ITEM NO. 9(A) Meeting Date: November 12, 2008 BACKGROUND On October 22, 2008, the Planning Commission conducted a public hearing and discussed the Clark Planned Development Text Amendment and Planned Development/Subdivision Project. The Commission expressed general support for the approach of the project and directed Staff to return at the November 12, 2008 meeting with the required environmental document and proposed Ordinances for the Commission's consideration. The recommend Mitigated Negative declaration and Ordinances have been prepared (attached) and are ready for Commission review and consideration. PROJECT SUMMARY Mr. Robert Clark, owner of a fully developed 8,237 square foot parcel located at 533 South Main Street is proposing to modify the Y2 acre minimum lot size requirement for planned development projects, and is seeking approval of a planned development rezoning project and minor subdivision for the site (C-1 zoning rezoned to C-1/P-D). Eliminating the'/2 acre minimum lot size requirement would enable Mr. Clark to pursue the planned development and subdivision project because the site is less than '/2 acre in size. Mr. Clark is seeking relief from the 7,000 lot size (corner lot) and 6,000 (interior lots) lot size requirements for the subdivision through the planned development rezoning process. The processing requirements for Zoning Code Text Amendments and for proposed Planned Development rezoning projects require that the City Council approve all requests to establish planned developments, with recommendations from the Planning Commission. Minor Subdivision applications are reviewed and acted on by the City Engineer, so if the text amendment and PD project are approved, the City Engineer will conduct a public hearing to consider the subdivision. The public review period for the Mitigated Negative Declaration ended on November 3, 2008 and no comments were submitted. RECOMMENDED ACTION 1. Conduct a public hearing; and 2. Approve the Mitigated Negative Declaration and recommend adoption by the City Council; and 3. Recommend that the City Council adopt the Ordinance amending Section 9167(B) of Article 14 Planned Development Combining Districts), Chapter 2 (Zoning) of the Ukiah City Code; and 4. Recommend the City Council adopt the Ordinance approving the Clark Planned Development Project for 533 South Main Street. ENVIRONMENTAL REVIEW An Initial Environmental Study was prepared for the project to determine if a Negative Declaration or Environmental Impact report was appropriate for the project to comply with the California Environmental Quality Act (CEQA). As a result of this analysis, staff was able to conclude that a Mitigated Negative Declaration was appropriate for the project. The Initial Study and Mitigated Negative Declaration are attached to this report. The public review period ended on November 3, 2008 and no comments were received. PROJECT DESCRIPTION 1. Planned Development Combining District Text Amendment: Proposal to eliminate the Y2 acre minimum lot size for planned development projects. 2. Planned Development Project: Proposal to allow the subdivision of a 8,237 square foot parcel into 3 parcels smaller than the 6,000 sq. ft. minimum lot size with sizes of 4,007 sq. ft., 2,289 sq, ft., and 1,940 sq. ft. The site is fully developed with a duplex structure and a small office building. As a result of the proposal, lots 1 and 2 would be developed with a single residential unit and lot 3 would.be developed with the small office structure. PROJECT INFORMATION Location 533 South Main Street, Ukiah GP Designation and Zoning "C" Commercial and T-1" (Community Commercial Proposed Zoning T-1" /T-D" (Community Commercial/Planned Develo ment Parcel Size required for Planned Development 21,780 square feet 112 acre Parcel Size 8,237 square feet Required Lot Sizes in C-1 6,000 s q, ft. interior lots and 7,000 s q. ft. corner lots Proposed lot sizes 4,007 s q. ft. corner ; 2,289 s q. ft.; and 1,939 s q. ft. Existing Development Lot 1 - SFD; Lot 2 - SFD; Lot 3 - Office ANALYSIS General Plan Compliance: The General Plan Housing Element suggests that the City explore the possibility of developing a "small lot ordinance" whereby smaller than typical lots could be approved without a Planned Development overlay zoning if they met certain standards or criteria. The intent of the provision, as well as other goals and policies of the Housing Element are to develop the tools for creative infill development when proposed in an appropriate location. In the Mitigated Negative Declaration prepared for this project, Staff found that while the proposal would not result in a stark contrast with the existing surrounding neighborhood on South Main Street, the deletion of the'/2 acre minimum lot size could result in impacts to community character in the low density neighborhoods elsewhere in Ukiah. It would allow owners of small parcel in single family residential neighborhoods to propose planned development projects that could result in the deveiopment of single family residences on smaller than normal lots, and therefore increased density and a conflict with the purpose and intent of the single family residential zoning district. A number of mitigation measures are proposed that would become codified criteria for relief from the'/2 minimum lot size requirement. 4-- 2 With this approach to mitigation, Staff is able to conclude that the project is consistent with the goals and policies of the General Plan Housing Element which promote Smart Growth and creative infill development in appropriate locations. It is Staff's opinion that the location of the subject project meets the criteria in the mitigation measure and fulfills the directive for Smart growth and creative infill development. Consistency with Zoning Standards: As indicted in the project description, the subject property is zoned C-1 (Community Commercial) and is fully developed with a duplex residential structure and small office building. The purpose of the Planned Development rezoning is,to allow the lot to be subdivided into three parcels smaller than allowed under the C-1 zoning. Each resulting lot would have either one of the duplexes on it or the small office structure. Accordingly, it is not the typical planned development rezoning application that usually involves vacant ground and a proposal to develop it with yard setbacks, lot sizes, etc. that do not conform to the underlying zoning. Nevertheless, Staff analyzed the project for zoning compliance using the planned development criteria contained in Section 9167(F) of the Ukiah Municipal Code. Staff has included a briefdiscussion of each criterion how the project meets or exceeds the purpose and intent of the criteria: 1. The design of the project shall consider the impact and needs of the user in respect to circulation, parking, traffic, utilities, public services, noise and odor, privacy, private and common open spaces, trash collection, security and crime deterrence, energy consumption, and other design concerns. In this case, the proposed project will utilize existing landscaping, parking and circulation, and buildings, with no expansion in the numbers or areas of these structures. Furthermore, the project site is located in an urbanized area of the City that has adequate access to public streets and general circulation patterns, is not subject to traffic volumes with unacceptable levels of service, and will have parking that is consistent with UMC standards for off-street parking. The project is also in an area where utilities and other public services are readily available, with a design that has caused no substantial security problems or crime patterns. Furthermore, the site design and subdivision pattern provide for private and common open spaces and building designs that should not subject potential occupants or neighbors to unusual levels of privacy disturbance or aesthetic problems. Finally, the existing buildings already have roofs and windows that could support both passive and solar heating and cooling, should the occupants wish to implement either system. 2. The location of the buildings and structures shall respect the natural terrain of the site and shall be functionally integrated with any natural features of the landscape to include the preservation of existing trees, where feasible. The development of this project will not require any alteration of the existing terrain since the site was extensively graded and paved over with building pads and pavement when the existing residential duplex building was constructed and the existing small residential structure was remodeled into a small office building. Furthermore, no additional grading or paving will be required to establish the proposed planned development project since it does not entail the construction of additional structures, paving, or landscaping. 4- 3 3.All buildings or structures shall be harmonious and consistent with the proposed architectural style regarding roofing, exterior materials, windows, doors, textures, colors, and other exterior treatments. The planned development project will utilize existing structures, with no increase in the number or floor areas. Therefore, all of the buildings will retain the existing architectural features that are now on the building, with a high degree of compatibility between the buildings. 4. The overall design shall be.integrated and compatible with the neighborhood and shall strive to be in harmony with the scale and bulk of the surrounding built environment. As noted previously in this analysis, the planned development will utilize the existing buildings and site infrastructure, and in Staffs judgment, the buildings are attractive, functional, and do not conflict with the architecture of nearby buildings. Therefore, it is staff's opinion that the project is compatible with the surrounding neighborhood. 5. The design of buildings and structures shall strive to provide innovation, variety, and creativity in the proposed design solutions. All architectural elevations shall be designed to eliminate the appearance of facades and box-like construction. As noted above, there will be no new buildings in this planned development and all of the existing structures that will be used will utilize an architectural style that is consistent with the surrounding buildings on the site and on abutting lots. These include professional offices, a variety of residential buildings and densities and retail commercial land uses. 6. For residential projects, every effort shall be made to achieve the maximum density possible pursuant to the underlying zoning district. The existing duplex structure would be divided by a lot line and each unit would then rest on an individual lot. Based on the small proposed size of the lots, no additional units could be constructed, therefore, each lot would have the maximum number of units possible. Consistency with Ukiah Subdivision Ordinance: Public Works and Planning Department Staffs reviewed the requirements for this subdivision type and determined the proposed lots would be consistent with the required standards for the development of street improvements, the provision of water supplies, fire protection, sewer hook-ups, storm drainage, utility easements, and street lighting facilities. In-Lieu Park Development Fees: Pursuant to section 8400 et seq of the City Code, the applicant will be required to pay in-lieu park development t fees. City Council adopted Policy Resolution 21 requires the subdivider to fund an appraisal of the property to determine its fair market value at the time of the filing of the Parcel Map. This information will enable the Department of Public Works Staff to calculate the exact fee. Recent subdivisions have paid the following fees: PROJECT NO. OF PARCELS VALUE PER PARCEL IN-LIEU PARK FEE Low Gap Homes 12 $51,136 $61,628 Hull Subdivision 2 1 Vacant _ $7,081 $,7081 Menton Subdivision 3 $10,430 _ $31,290 Idarius Subdivision 4 (plus 4 apartment units $9,876 $59,256 Main Street Village 17 $10,375 (12 sfd) $8,934 (2 duplex) $5,187 (triplex) $157,929 Andrade Subdivision 2 $3.,069 $6,138 1 4 Consistency with Community Character: The proposed project has the potential to alter community character by potentially allowing planned development projects with relaxed development standards on small lots in areas designated and zoned for low densities. The proposal would eliminate the % acre minimum lot size could result in impacts to community character in the low density neighborhoods in Ukiah. It would allow owners of small parcel in single family residential neighborhoods to propose planned development projects that could result in the development of single family residences on smaller than normal lots, and therefore increased density and a conflict with the purpose and intent of the single family residential zoning district. This impact was identified in the Mitigated Negative Declaration. To off-set this impact the following additional text language is proposed as reasonable and feasible mitigation: The text of the code should be rewritten to read: "Minimum Area: A Planned Development Combining Zone shall include a minimum area of one-half (1/2) acre, under single ownership or otherwise subject to unified planning, construction, and management, unless the subject property has all of the following characteristics, in which case there is no minimum site area requirement: 1. The property is located in the Downtown Master Plan Area as depicted in Figure VI.2-KK of the Ukiah General Plan. 2. The property is within easy walking distance to routine destinations such as a grocery store medical offices, retail shopping, restaurants, etc. 3. The property was situated along a transit route or within easy walking distance to a transit stop. 4. All public services and infrastructure were available to adequately serve the proiect. 5. There was adequate outdoor recreation areas/yard space within the project and/or the site was in close proximity to a public park or recreation area. 6. The proiect included an actual development plan and the buildings were architecturally compatible or superior in design to the surrounding existing development. The Clark project is consistent with these recommended criteria for deletion of the '/2 acre minimum lot size requirement. CONCLUSIONS: After an extensive review of this project, it is the conclusion of staff that the proposed planned development on this site with smaller than typical lot sizes is reasonable and appropriate given its location within the Downtown Master Plan Area, where there are a number of small legal non- conforming lots; its close proximity to medical, retail, and professional office services; its location on a major transportation route; and all public services are currently serving the site. Staff also concludes that the proposed project is consistent with applicable goals and policies of the Ukiah General Plan, Ukiah Municipal Code standards for Planned Development projects, and the standards of the Ukiah Subdivision Ordinance. ATTACHMENTS: 1. Draft Mitigated Negative Declaration 2. Ordinance amending Section 9167(B) of Article 14 (Planned Development Combining Districts), Chapter 2 (Zoning) of the Ukiah City Code. 3. Ordinance approving the Clark Planned Development / Subdivision Project 4- 5 City q/ /kiati ITEM NO.: 10a MEETING DATE: AGENDA SUMMARY REPORT December 3, 2008 SUBJECT: ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 'I TO SECOND PHASE AGREEMENT FOR FUNDING THE PLANNING AND DEVELOPMENT ACTIVITIES OF THE LODI ENERGY CENTER (AGREEMENT) AND AUTHORIZE A BUDGET AMENDMENT TRANSFERRING $470,588 FROM THE ELECTRIC FUND BALANCE. Background: Early in 2008, the City Council approved execution of the Lodi Energy Center (LEC) Phase 2 Agreement with NCPA which provides for the City's participation in the phase 2 development process of a proposed 255 MW combined cycle natural gas power plant in Lodi, California. The Agreement contemplated two tiers of activities, Phase 2A and Phase 2B, at combined total authorized expenditures for all Project Participants of up to $25 million ($16 million for Phase 2A and $9 million for Phase 2B). The City approved a 3.137% participation share in the Project resulting in total authorized expenditures of up to $ 784,314 ($501,961 for Phase 2A and $282,353 for Phase 2B, see Attachment 3 - Table A for total Project budget allocation). The Project attained 100% subscription and all Project Participants had executed the Agreement on or about March 1, 2008. Project Phase 2A activities formally began on March 6, 2008 when Project Participants met at NCPA headquarters and formed the Project Participant Committee (PPC) which subsequently took actions including authorizing the NCPA LEC Project Manager to procure Project related Emission Reduction Credits (ERCs) and to contract with multiple consultants to assist with the California Energy Commission (CEC) Application for Certification (AFC) and air permit licensing and transmission studies processes. On June 30, 2008 the PPC directed the NCPA Project Manager to commence Phase 2B activities on or about August 1, 2008. The PPC has reviewed the recent rising power plant construction cost trends. The PPC, at its June 30, 2008 meeting, acknowledged that in order for the LEC Project to attain its targeted commercial operation date in early 2012, certain long lead time power island equipment may need to be ordered, or a production time secured, 24 to 33 months in advance of the projected commercial operation date. In order to investigate and Continued on Paae 2 Recommended Action(s): Adopt resolution authorizing the City Manager to execute Amendment No. 1 to Second Phase Agreement for Funding the Planning and Development Activities of the Lodi Energy Center (Agreement) and authorize a Budget amendment transferring $470,588 from the Electric Fund Balance. Alternative Council Option(s): Do nothing. This option is not recommended due to added costs associated with equipment escalation and possible project delays due to projected delivery schedules. Citizens advised: None Requested by: Mel Grandi, Electric Utility Director Prepared by: Mel Grandi, Electric Utility Director Coordinated with: Jane Chambers, City Manager, Gordon Elton, Director of Finance Attachments: 1- Amendment No.1 to the Second Phase Agreement for the Lodi Energy Center 2- NCPA Commission Resolution 08-72 3- Table A - LLC Project Member Participation Percentages 4- Citv of Ukiah Resolution Approved: Jade Chambers, City Manager Subject: Meeting Date: Page 2 of 2 possibly take action to secure critical equipment pricing and delivery scheduling, the PPC directed the NCPA Project Manager to prepare critical equipment specifications to issue to market vendors in order to receive and evaluate options and proposals to provide more control over equipment delivery timing and pricing. The PPC further directed that the NCPA Project Manager lease any needed warehouse and administration facilities at or proximate to the Project site in order to provide for adequate staff workspace and for the secure storage of Project equipment and materials. To attain the necessary authorizations for these activities, the PPC directed the Project Manager to amend the existing Agreement to incorporate actions related to assuring equipment delivery timing and pricing, and the leasing of any needed warehouse and administration facilities within the scope of Phase 213 activities and to accordingly increase the Phase 2B budget amount by up to $15 million for such purposes, all actions of which are to be subject to the direction and approval of the PPC. The City's share of this budget increase would be $470,588. Discussion: Staff seeks City Council authorization to execute LEC Amendment No. 1 which revises the scope of LEC Phase 2B to include activities related to securing a defined equipment production delivery schedule and known pricing structures for key power island components as well as the potential leasing of warehouse and storage facilities at or proximate to the proposed Project site. In order to provide necessary funding for these actions, staff requests that the City Council approve up to a $470,588 increase in the City's share of the Phase 2B portion of the LEC Phase 2 budget (resulting in a total combined Phase 2A / 2B budget of up to $40 million for all participants and $1,254,902 for the City). In order to revise the Phase 2B scope of activities and provide additional Phase 2B funding, the NCPA staff prepared and the NCPA Commission approved the attached LEC Amendment No. 1 to the Agreement. Specific actions and expenditures undertaken pursuant to the LEC Amendment No. 1 will be subject to the approval and direction of the PPC, of which the City is a voting Participant. Upon direction of the PPC, the NCPA Project Manager and NCPA CFO will recommend an invoicing schedule to the PPC to provide needed funds for any approved actions; if funds are required, invoicing to the City will likely take place in the December 2008 / January 2009 time frame with funds due to NCPA by early 2009. Fiscal Impact: Approval of LEC Amendment No. 1 with the Budget Amendment from the Electric Fund Balance authorizes up to a $470,588 increase in the City's share of the LEC Phase 2B budget. Expenditures ultimately made are subject to the approval and direction of the PPC. The purpose of such actions is to secure equipment delivery timing and pricing certainty which should add stability to the ultimately incurred overall LEC construction cost and to lease needed warehouse and administration facilities; thus, such costs incurred by the City during Phase 2 will likely either offset or reduce costs that otherwise will have had to be expended during the construction phase of the Project, given successful plant licensing and the further commitment by the City to participate in Project financing and construction. In the event that the LEC is not ultimately financed and constructed, monies paid to secure equipment pricing and timing certainty and lease needed warehouse and administration facilities may not be recoverable; if all or any portion of such expenditures are recovered, the City will receive its proportionate share of such recovered funds. Budgeted FY 08/09 F-1 New Appropriation F-1 Not Applicable Fx] Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Re uq ested $ Electric Fund Balance 800.3733.250.000 $470,588.00 ATTACHMENT / AMENDMENT NO.1 TO THE SECOND PHASE AGREEMENT FOR FUNDING THE PLANNING AND DEVELOPMENT ACTIVITIES OF THE LODI ENERGY CENTER This Amendment No. 1 to the Second Phase Agreement for Funding the Planning and Development Activities of the Lodi Energy Center ("LEC Amendment 1") is dated as of September 26, 2008, and is by and between the Northern California Power Agency, a joint powers agency of the State of California ("NCPA"), those members and non members of NCPA which have executed the Second Phase Agreement for Funding the Planning and Development Activities of the Lodi Energy Center which include the Cities of Azusa, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Santa Clara and Ukiah, the Bay Area Rapid Transit District, the California Department of Water Resources, the Modesto Irrigation District, the Plumas-Sierra Rural Electric Cooperative, the Port of Oakland, the Power and Water Resources Pooling Authority, and such other parties as may be identified in Exhibit C of the Agreement from time to time (collectively, the "Parties"), and WITNESSETH: WHEREAS, the Parties have previously entered into a "Second Phase Agreement for Funding the Planning and Development Activities of the Lodi 1 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Comnussion Approved __.J Energy Center" dated November 29, 2007 ("the Agreement") which became effective on or about March 1, 2008; and WHEREAS, the Agreement contemplates Lodi Energy Center ("LEC") development efforts divided into Phase 2A and Phase 2B activities as described in Exhibit A of the Agreement, with total approved budget funding of $25 million consisting of $16 million and $9 million allocated to Phase 2A and Phase 2B activities, respectively; and WHEREAS, the Parties formed the Project Participant Committee ("PPC") on March 6, 2008 and have since that date been conducting Phase 2A Project activities including the preparation of the California Energy Commission ("CEC") Application for Certification ("AFC"), requisite air permit applications, and the procurement of Emissions Reduction Credits ("ERCs"); and WHEREAS, on June 30, 2008, the PPC directed the LEC Project Manager to commence Phase 2B activities commencing on or about August 1, 2008; and WHEREAS, the Project Participants are aware that certain critical power equipment, such as the natural gas turbine, steam turbine and heat recovery steam generator components of the power island assembly, require significant lead times for fabrication and delivery, and thus such equipment must be ordered in a timely manner that supports the LEC's scheduled Commercial Operation Date of April 2012; and WHEREAS, the Project Participants desire to lease, as needed, warehousing and administrative facilities at or proximate to the proposed LEC Project site in order to facilitate the timely preparedness for locating staff and materials ancillary to the planning, design, engineering and ultimate construction of the LEC; and WHEREAS, the Project Participants are aware of the recent rapid escalation of power generation construction and equipment costs and 2 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved consequently desire to control the delivered cost of certain LEC power island equipment by procuring an option or take other actions to secure a known delivered cost for such equipment; and WHEREAS, the Parties desire to amend the Phase 2B activities listed in the Agreement to provide for leasing needed administrative facilities and work areas to provide adequate space for additional Project staff; and WHEREAS, the Parties also desire to amend the Phase 2B activities listed in the Agreement to provide for leasing needed warehouse facilities to house and protect LEC equipment, specifically the power island components that must be delivered and stored for several months prior to installation; and WHEREAS, the Parties desire to amend the Phase 2B activities listed in the Agreement to provide for the ability to take actions that allows for advanced equipment ordering of the critical power island equipment, obtaining more favorable equipment and pricing options, having the option for considering and choosing more advantageous financing methods; these steps (actions) will result in significantly more certainty regarding the timely delivery of the equipment, and in locking-in at an earlier time a lower cost for the LEC equipment; and WHEREAS, the Project Participants, in order to fund the expected cost to attain the facilities needed for Project staff and Project power island equipment delivery timing and price certainty, desire to increase the funding of the Phase 2B activities authorized by the Agreement budgeted accordingly by up to $15 million, for a total Phase 2B budget amount of $24 million ($9 million currently approved plus the proposed added $15 million), and thus resulting in a revised combined Phase 2A and 2B total budget of $40 million ($16 million for Phase 2A plus the proposed revised Phase 2B amount of $24 million); 3 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved NOW THEREFORE, the Parties hereto agree as follows: 1. The final WHEREAS statement of the Agreement is deleted in its entirety and the following is inserted: "WHEREAS, initiation of the Phase 2B activities consisting of all remaining Second Phase activities listed in Exhibit A attached hereto, including but not limited to the purchase of any remaining required air pollution emission credits, additional engineering and permitting costs, leasing warehousing and administrative facilities at or proximate to the proposed Project site, and actions to secure critical power island equipment delivery timing and cost certainty, at an estimated additional cost of up to twenty-four million ($24,000,000) dollars, will not be undertaken by NCPA except upon the Project Members' further authorization pursuant to the terms of this Agreement, and subject to the withdrawal of any Project Member after the completion of Phase 2A and upon the initiation of Phase 2B." 2. Section 1.(c) of the Agreement is deleted in its entirety and the following is inserted: "(c) Upon the Project Members' authorization, provided pursuant to Section 3 of this Agreement, to undertake Phase 2B activities, NCPA shall conduct such additional work as may be necessary, including to secure a CEC Order approving an Application For Certification of the Lodi Energy Center, to obtain any further required air emission reduction credits ("ERCs"), to secure the timely delivery and cost certainty of critical 4 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved power island equipment, and to lease needed warehouse and administrative facilities at or proximate to the proposed Project site, to be determined and agreed to by the PPC. Such activities shall be performed at an estimated cost of up to twenty-four million ($24,000,000) dollars. The Parties anticipate that Phase 2A and Phase 2B activities will be completed by the end of 2009 at a combined total cost not to exceed forty million ($40,000,000) dollars." 3. Insert the following at the end of the third paragraph of Section 4. of the Agreement: Any Project related assets, which includes the procured option for power island equipment and the lease of warehouse and administrative facilities, purchased or acquired as authorized by Section I(c) of this Agreement but not utilized shall be sold by NCPA pursuant to the PPC's decisions and procedures and the proceeds distributed proportionately among the Project Members. 4. Exhibit A of the Agreement is deleted in its entirety and the following is inserted: 5 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No. 1 9/26/08 NCPA Commission Approved Exhibit A, LEC Amendment No.1 PHASE 2A ACTIVITIES INCLUDE ® Finalize Phase 2 Project Participant Agreement ® Achieve Phase 2 Agreement execution by all Participants ® Establish Project Participant Committee ® Establish Project Development support and reporting infrastructure ® Establish Project Parameters (duct firing, future expandability, etc.) ® Investigate, appraise and attain necessary land and land rights from the City of Lodi ® Perform environmental assessments ® Submit application to CEC ® Purchase or secure options for Project ERCs Phase 2A are activities anticipated to be completed by end of 2008. PHASE 2B ACTIVITIES INCLUDE ® Complete CEC process ® Exercise ERC options or fully secure any remaining necessary ERCs ® Develop Phase III and /or PPA agreements for Project commitment and financing ® Develop Project Operations Agreement ® Develop Project fuel supply arrangements ® Commence Project detailed engineering and design ® Secure critical power Island equipment delivery timing and pricing through advance ordering or other arrangements ® Lease of needed warehouse and administrative facilities at or proximate to the Project site ® Execute Project Phase III and or PPA agreements ® Release bid for construction (Q12010) ® Commence construction (Q2 2010) Phase 2B are activities anticipated to be completed by end of 2009 6 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved 5. Invoicing for LEC Amendment No. 1 Budgeted Amounts The Project Manager and the NCPA CFO shall recommend an invoicing schedule to the Project Participants for the additional funding requirements associated with PPC approved actions to secure the critical power island Project equipment delivery timing and pricing certainty, and to lease any needed warehouse and administrative facilities as agreed to by the PPC at or proximate to the proposed Project site contemplated by this LEC Amendment No. 1. The PPC shall duly develop, approve and authorize an invoicing schedule to collect required LEC Amendment No. 1 funds from Project Participants. 6. Remainder of the Agreement All other terms and conditions of the Agreement remain in full force and effect. 7. Effective Date of LEC Amendment No.1 The Effective Date of this LEC Amendment No. 1 shall be the next calendar day after formal approval by the governing bodies of all Project Members, subject to the special terms in Section 22 of the Agreement that apply to CDWR. IN WITNESS WHEREOF, each Project Member has executed this LEC Amendment No. 1 to the Agreement with the approval of its governing body, and NCPA has executed this Agreement in accordance with the authorization of its Commission. 7 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved I MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: By: BAY AREA RAPID TRANSIT Approved as to Legal Form By: By: Date: 8 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: By: Date: CITY OF BIGGS Approved as to Legal Form By: Date: By: 9 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: By: Date: CITY OF GRIDLEY Approved as to Legal Form By: By: Date: 10 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No. 1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: By: Date: CITY OF HEALDSBURG Approved as to Legal Form By: By: Date: 11 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: By: CITY OF LODI Approved as to Legal Form By: Date: By: 12 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: By: Date: CITY OF LOMPOC Approved as to Legal Form By: By: Date: 13 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: By: PLUMAS-SIERRA RURAL ELECTRIC Approved as to Legal Form COOPERATIVE By: Date: By: 14 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Conunission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: By: PORT OF OAKLAND Approved as to Legal Form By: Date: By: 15 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: By: CITY OF SANTA CLARA Approved as to Legal Form By: By: Date: 16 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: By: CITY OF UKIAH Approved as to Legal Form By: D By: 17 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved NON-MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: By: CITY OF AZUSA Approved as to Legal Form By: Date: By: 18 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved NON-MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY By: Date: MODESTO IRRIGATION DISTRICT By: Date: Approved as to Legal Form By: Approved as to Legal Form By: 19 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved NON-MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY Approved as to Legal Form By: Date: POWER AND WATER RESOURCES By: POOLING AUTHORITY Approved as to Legal Form By:_ Date: By: 20 LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Commission Approved NON-MEMBERS OF THE NORTHERN CALIFORNIA POWER AGENCY: NORTHERN CALIFORNIA POWER AGENCY By: Date: Approved as to Legal Form By: STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES with respect to its powers and responsibilities for the State Water Resources Development System Bv: Raphael A. Torres, Deputy Director Date: Approved as to form and legal sufficiency By: David A. Sandino, Chief Counsel Date: LODI ENERGY CENTER - PHASE 2 AGREEMENT, Amendment No.1 9/26/08 NCPA Comnussion Approved A ACHMENI RESOLUTION 08-72 RESOLUTION OF THE COMMISSION OF THE NORTHERN CALIFORNIA POWER AGENCY APPROVING LODI ENERGY CENTER AMENDMENT NO. 1 TO THE SECOND PHASE AGREEMENT FOR FUNDING THE PLANNING AND DEVELOPMENT ACTIVITIES OF THE LODI ENERGY CENTER EXPANDING PHASE 2B ACTIVITIES TO INCLUDE SECURING VITAL EQUIPMENT DELIVERY AND PRICING TERMS, LEASING NEEDED WAREHOUSE AND ADMINISTRATION FACILITIES, AND INCREASING THE PHASE 2B BUDGET BY UP TO $15 MILLION FOR SUCH PURPOSES, ALL SUCH ACTIVITIES TO BE CONSISTENT WITH THE ACTIONS AND DIRECTIVES OF THE LEC PROJECT PARTICIPANT COMMITTEE WHEREAS, in November 2007, the NCPA Commission authorized the NCPA General Manager to execute and distribute the Second Phase Agreement for Funding the Planning and Development Activities of the Lodi Energy Center (LEC) (Agreement), allowing project participation by public entities that are not NCPA members and approved combined Phase 2A and Phase 213 expenditures of up to $25 million; and WHEREAS, on or about March 1, 2008 NCPA had attained 100% Project subscription along with fully executed Agreements from all Project Participants; and WHEREAS, the Project Participants met on March 6, 2008 and formed the Project Participant Committee (PCC) as contemplated in the Agreement and such PPC directed NCPA staff to commence Phase 2A Project activities; and WHEREAS, Phase 2A activities, including the procurement of Project related Emission Reduction Credits (ERCs) and preparing the necessary materials for submitting an Application for Certification (AFC) to the California Energy Commission (CEC), and requisite air resources permitting, are either completed or are in various stages of implementation on or about August 2008; and WHEREAS, on June 30, 2008, the PPC directed the LEC Project Manager to commence Phase 26 activities on or about August 1, 2008; and WHEREAS, the Project Participants are aware that certain critical power equipment, such as the natural gas and steam turbine components of the power island assembly, require significant lead times for fabrication and delivery, and thus such equipment must be ordered in a timely manner which supports LEC's construction and scheduled Commercial Operation Date of March 2012; and WHEREAS, the Project Participants are aware of the recent rapid escalation of power generation construction and equipment costs and consequently desire to control the delivered cost of certain LEC power island equipment by procuring an option or taking other actions to secure a known delivered cost for such equipment; and WHEREAS, the Parties desire to amend the Phase 2B activities described in the Agreement to include allowing the PPC to take actions to provide for the timely delivery and cost certainty of critical power island components through advanced equipment ordering, securing equipment and/or pricing options, or other method which provides for attaining delivery timing and cost certainty of critical LEC equipment; and WHEREAS, the Parties desire the capability to lease needed warehouse and administrative facilities located at or proximate to the proposed Project site to accommodate staffing and equipment storage needs in a timely manner; and WHEREAS, the Project Participants, in order to fund the expected cost to attain power island equipment delivery timing and pricing certainty, desire to increase the Phase 2B portion of the Agreement budget by up to $15 million, for a total Phase 2B budget amount of $24 million ($9 million currently approved plus the proposed added $15 million), and thus resulting in a revised combined LEC Phase 2A and 2B budget of $40 million ($16 million for Phase 2A plus the proposed revised Phase 2B amount of $24 million); and WHEREAS, NCPA sent its thirty (30) day advance written notice to all Project Participants on August 22, 2008, of its intent to seek NCPA Commission approval to execute LEC Amendment No. 1; WHEREAS, the proposed Commission action is statutorily exempt from CEQA pursuant to the CA Pub Res Code Sec. 21080(b)(6) because the LEC is will be the "subject of an EIR or negative declaration or other document or documents prepared pursuant to a regulatory program certified pursuant to PRC Sec. 21080.5 which will be prepared by the CEC." NOW, THEREFORE BE IT RESOLVED, that the Commission of the Northern California Power Agency hereby (1) Finds that this Project is statutorily exempt from the CEQA under Sections 15271(a) of Title 14 of the California Code of Regulations, in that this action relates to the early activities for the planning of a thermal power plant; (2) Directs the Secretary of the Commission to File a Notice of Exemption in accordance with CEQA Rules and to post said Notice of Exemption in accordance Section 15062 of Title 14 of the California Code of Regulations; (3) Approves LEC Amendment No 1. The Commission further authorizes the NCPA General Manager, or his designee, to execute the LEC Amendment No. 1 on behalf of NCPA with any such non- substantial changes as approved by the NCPA General Counsel, directs the General Manager to forward the final form of the LEC Amendment No. 1 to the participating NCPA members and non-NCPA member Project Participants for approval and execution, authorizes the General Manager to sign contracts and to expend Phase 2B funds consistent with the actions and directives of the LEC Project Participant Committee. PASSED, ADOPTED and APPROVED this 26th day of September 2008, by the following vote on roll call: Vote Abstained Absent Alameda BART Biggs Gridley.- Healdsburg Lodi Lompoc Palo Alto Port of Oakland _ Redding Roseville Santa Clara Truckee Donner Turlock Ukiah Plumas-Sierra Azusa (non- member participant) Modesto (non- member participant) CDWR (non- member participant) PWRPA (non- member participant) Gu"7~ n QARRY S N CHAIR AN _ x ~j x S, ATTEST: DENISE DOW ASSISTANT SECRETARY ATTACHMENT Table A 7/16/2008 Lodi Energy Center Participation Percentages, Capacity and Budget Allocation (including the Propsed Amendment No. 1 Budget Increase) Initially Total Phase Approved Amend. No. 1 Budget w/ Project Member Participation Project Member Capacity Share Initially Approved Phase 2A Budget Phase 2B Budget Phase 2B Budget Increase Amendment No. 1 Project Member Percentage (MW) $ 16,000,000 $ 9,000,000 $ 15,000,000 $ 40.000,000 Azusa 2.745% 7.0 $ 439,216 $ 247,059 S 411,765 $ BART 5.882% 15.0 941,176 529,412 882,353 2 Biggs 0.392°/ 1.0 62,745 35,294 58,824 156.863 CDWR 23.529% 60.0 3,764,706 2,117,647 3,529,412 9411,765 Gridley 1.961% 5.0 313,725 176,471 294,118 784,314 Healdsbur 1.569% 4.0 250,980 141,176 235,294 627,451 Lodi 11.765% 30.0 1,882,353 1,058,824 1,764,706 4,705,882 Lompoc 1.961% 5.0 313,725 176,471 294,118 784,314 Modesto 23.529% 60.0 3,764,706 2,117,647 3,529,412 9,411,765 Plumas-Sierra 0.784% 2.0 125,490 70,588 117,647 313.725 Port of Oakland 1.176°/ 3.0 188,235 105,882 176,471 4-;0,588 PWRPA 1.961% 5.0 313,725 176,471 294,118 784,314 Silicon Valle Power 19.608% 50.0 3,137,255 1,764,706 2,941,176 7,843,137 Ukiah 3.137% 8.0 501,961 282,353 470,588 1,254,902 Total 100.000°Aa 255.0 S 16,000,000 S 9,000,000 $ 15,000,000 S 40,000,000 ATTACHMENT -~J RESOLUTION 2008- RESOLUTION OF THE UKIAH CITY COUNCIL APPROVING AMENDMENT NO. 1 TO SECOND PHASE AGREEMENT FOR FUNDING THE PLANNING AND DEVELOPMENT ACTIVITIES OF THE LODI ENERGY CENTER WHEREAS: 1. The City (is a member of the Northern California Power Agency ("NCPA") and) by way of City Council Resolution 2008-xx is a Project Participant in the Second Phase Agreement for Funding the Planning and Development Activities of the Lodi Energy Center (Agreement); and , 2. On or about March 1, 2008 NCPA had attained 100% Project subscription along with fully executed Agreements from all Project Participants including City; and 3. The Project Participants met on March 6, 2008 and formed the Project Participant Committee (PCC) as contemplated in the Agreement and such PPC directed NCPA staff to commence Phase 2A Project activities; and 4. The acquisition of Project required ERCs have been completed; and 5. On June 30, 2008, the PPC directed the NCPA LEC Project Manager to commence Phase 2B activities on or about August 1, 2008; and 6. Project related air resources agency and CEC Application for Certification (AFC) applications were submitted during August and September, 2008, respectively; and 7. The Project Participants are aware that certain critical power equipment, such as the natural gas and steam turbine components of the power island assembly, require significant lead times for fabrication and delivery, and thus such equipment must be ordered in a timely manner which supports LEC's construction and scheduled Commercial Operation Date of March 2012; and 8. The Project Participants are aware of the recent rapid escalation trends of power generation construction and equipment costs and consequently desire to control the delivered cost of certain LEC power island equipment by procuring an option or taking other actions to secure a known delivered cost for such equipment; and 9. The Parties desire to amend the Phase 2B activities described in the Agreement to include allowing the PPC to take actions to provide for the timely delivery and cost certainty of critical power island components through advanced equipment ordering, securing equipment and/or pricing options, or other method which provides for attaining delivery timing and cost certainty of critical LEC equipment; and 10. The Parties desire to amend the Phase 2B activities described in the Agreement to include the leasing of any needed warehouse and administrative facilities located at or proximate to the proposed Project site in order to provide for timely and adequate staff work space and secure equipment and materials storage; and 11. The City acknowledges that, in order to fund the expected cost to attain power island equipment delivery timing and pricing certainty, desires to increase the Phase 2B portion of the Agreement budget by up to $15 million, for a total Phase 2B budget amount of $24 million ($9 million currently approved plus the proposed added $15 million), and thus resulting in a revised combined LEC Phase 2A and 2B budget of $40 million ($16 million for Phase 2A plus the proposed revised Phase 2B amount of $24 million) of which the City will be responsible for its proportionate share; and 12. The City acknowledges that expenditures / option premiums incurred to attain greater equipment delivery and pricing certainty may not be refundable, whole or in part, in the event that the LEC is not ultimately finance or constructed. 13. City received from NCPA its 30 day advance written notice to all Project Participants by memorandum dated August 22, 2008 of its intent to seek NCPA Commission approval to execute LEC Amendment No. 1 at NCPA's September 26, 2008 Commission Meeting; and 14. Amendment No. 1 to the Agreement will provide an opportunity for the Project Participants including City to explore and implement options to meet key equipment delivery timing and cost requirements associated with the LEC Project and therefore to help the City meet capacity and energy power goals, reduce reliance on third party power purchase agreements and associated fuel price volatilities, and assist the State of California in meeting its reserve requirements and energy goals, and will reduce costs by economies of scale, avoiding duplication efforts; NOW, THEREFORE BE IT RESOLVED, that: 1. The City Council of the City of Ukiah hereby: a) approves Amendment No. 1 to the Agreement, and b) authorizes and directs the City Manager to sign Amendment No. 1 to the Agreement. 2. The City Council authorizes additional expenditures of an amount not to exceed $ 470,588 (3.137% of $15 million), resulting in combined total approved Agreement related expenditures for the City of up to $ 1,254,902 (3.137% of $40 million). PASSED and ADOPTED on by the following roll call: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Linda Brown, City Clerk APPROVED: Douglas Crane, Mayor 2 1011, 10b December 3, 2008 SUBJECT: PUBLIC WORKS REORGANIZATION TO INCORPORATE THE FUNCTIONS OF WATER AND SEWER DIVISIONS AND APPROVAL OF JOB RECLASSIFICATIONS Background: During the 2008-09 budget process, the Director of Public Works (Director) was assigned the additional duties of directing the Water and Sewer Divisions of the Utilities Department. These duties were formerly assigned to the Public Utilities Director. This new assignment was made to provide cost savings with regard to the position of Electric Utilities Director, and to improve management and administration of the two utilities in coordination with other public works activities. The Public Works Department effectively received the two utilities in April, 2008. Since that time, the Director has analyzed the Water/Sewer divisions to see how best to integrate these new divisions into the existing Public Works structure. The structure was carried forward into the 2008-2009 budgets as shown in Attachment 1, with the understanding that the Director would propose changes as needed to fully institute the re-organization, as discussed in the budget deliberations with the City Council. During the first six months of the fiscal year, many new opportunities for creating efficiencies have been identified, including significant improvements in customer service. The Director will continue to evaluate the entirety of the department, and has re-organized to achieve improved ability to meet all mandated certifications and skills required by State and Federal law, and improved engineering services for the water and sewer utilities. This is the first major adjustment to these systems. Additional minor adjustments to staff levels, job descriptions and possible tasks may occur as part of the 09/10 Budget process. Discussion: In absorbing the water and sewer utilities into the Public Works department, two distinct divisions of the department occur, one for engineering and streets, and one for water and sewer. _ Continued on Page 2 Recommended Action(s): Recognize the Public Works reorganization and approve the recommended job description changes. Alternative Council Option(s): Citizens advised: Requested by: Prepared by: Tim Eriksen, Director of Public Works / City Engineer Coordinated with: Melody Harris, Director of Human Resources Attachments: 1. Public Works Organization Chart (08/09 Budget) 2. New Public Works Organization Chart 3. Job Descriptions Approved: Ja Chambers, City Manager Subject: PUBLIC WORKS REORGANIZATION TO INCORPORATE THE FUNCTIONS OF WATER AND SEWER DIVISIONS AND APPROVAL OF JOB RECLASSIFICATIONS December 3, 2008 Page 2 of 4 Engineering and Streets Division: The Director has combined building and planning permits and inspection services to end any duplication of services that took place prior to this re-organization. There is now one position (Senior Civil Engineer) assigned to focus on plan and permit review. Fewer inspections will be performed by this individual in favor of focus on plan and permit review. The Water/Sewer Utilities Engineering Specialist will perform all inspections for Water/Sewer as before, but will also cover inspections for Streets and Engineering. This Engineering Specialist will report to the Senior Civil Engineer. This change results in improved customer service. There will always be someone available at the counter for permit and project questions. Also, customers will not have to wait and schedule two different inspections as they will now be performed by one individual. A deficiency that has been identified on the Water/Sewer side was the need for Engineering Services. For many years the Water/Sewer department has been disconnected from engineering services. Inconsistencies in several areas, including bidding practices, force account tracking and construction project coordination, can now be addressed through improved connection with the engineering division. Engineering Services will be responsible for construction project coordination, force account tracking and bidding practices on behalf of Water, Sewer and Streets Divisions. In the past, the public had to visit two separate facilities to get project and permit questions answered. All developers now will visit only the planning and building counter for questions regarding development projects, they will no longer be sent to the Clay Street annex for Water/Sewer questions. Water and Sewer Division: Service to customers seeking permits for Ukiah Valley Sanitation District (UVSD) projects will be improved by this re-organization. Previously, these customers were sent to the City by the County of Mendocino Building and Planning Departments. Customers did not come to the planning and building counter at the City, they would go to the Clay Street annex, and typically would be assisted by the Water/Sewer Administrative Clerk (position to be revised to Water/Sewer Program Coordinator), often having to make return trips if the Clerk was unavailable as a result of the many additional tasks that have been added to this position as State mandates have increased. These individuals are now being sent to the City's Building Counter and all permits for the UVSD are being run through the planning/building Development Permit Coordinator. This allows the Water/Sewer Administrative Clerk (position to be revised to Water/Sewer Program Coordinator) to spend more time in the field working on mandated assignments. Future improvements to Public Works may include use of the maintenance crews. It appears that there may be some opportunities to have these two separate crews operate more as one. This will lead to additional coverage for emergency situations. There are some licensing issues to be worked out before further proposals can be made. Existing staff and staff levels have been used to address the changes and provide the improvements described. However, these changes have led to some job description changes. There are four positions that the Director recommends be changed based on additional duties as a result of this reorganization. Job descriptions (Attachment 3) have also been changed to account for the new mandated responsibilities being imposed upon City's by the State and Federal governments. Subject: PUBLIC WORKS REORGANIZATION TO INCORPORATE THE FUNCTIONS OF WATER AND SEWER DIVISIONS AND APPROVAL OF JOB RECLASSIFICATIONS December 3, 2008 Page 3 of 4 These positions, and the changes made to them, are essential to this reorganization and the overall effectiveness of the Department. Deputy Director of Public Works - Engineering and Streets Division This position was previously the Deputy Director of Public Works. The title change is in order to create a parallel Department between the two different divisions, see Attachment 2. The responsibilities of this job are significantly increasing. This position will have responsibility for the day to day operations of the Street and Engineering functions. This position will have the additional responsibilities for the development functions. This is a significant addition of responsibility and commitment of time. The monthly salary range for the former position was $5,676.89 to $6,900.30. The monthly salary range for the proposed position is $6,443.38 to $7,831.97. As a result of the vacancy in the Senior Civil Engineer position this salary increase will not impact the 08/09 Budget and there is not a budget adjustment required. Deputy Director of Public Works - Water and Sewer Division This position was previously the Water Sewer Operations Superintendent. The title change is in order to create a parallel Department between the two different divisions. This position will have responsibility for the day to day operations of the Water and Sewer functions. In addition to the former tasks, this position will be the liaison to the many different regulatory agencies that have jurisdiction over water and sewer functions. This position will also be required to represent the Director and the City at various technical meetings and attend and present information at City Council meetings as required. The monthly salary range for the former position was $5,981.69 to $7,270.78. The monthly salary range for the proposed position is $6,443.38 to $7,831.97. This position is funded from the water and sewer enterprise funds. As a result of the vacancies in the Water/Sewer division this salary increase will not impact the 08/09 Budget and there is not a budget adjustment required. Water/Sewer Field Operations Supervisor This position title is unchanged. However, the job description and job requirements have changed significantly. This position will have responsibility for the day to day operations of the Water and Sewer distribution and transmission. In addition to the former tasks this position will work with State Water Resource Control Board staff to ensure that the sewer collection system meets all Federal and State requirements. The Public Works Director has also required an additional license requirement. A California Water Environmental Association Grade III Collection System Maintenance certificate is now required of this position. This requirement is in response to the sensitivity and liability that jurisdictions now have for Sanitary Sewer Overflow (SSO) reporting requirements. The monthly salary range for the former position was $4,229.78 to $5,141.33. The monthly salary range for the proposed position is $5,417.31 to $6,548.78. This position is funded from the water and sewer enterprise funds. As a result of the vacancies in the Water/Sewer division this salary increase will not impact the 08/09 Budget and there is not a budget adjustment required. Water Sewer Program Coordinator This position was previously the Water/Sewer Administrative Clerk. This change is represented in the 08/09 Budget. However, the Director recommends an additional level be established for Subject: PUBLIC WORKS REORGANIZATION TO INCORPORATE THE FUNCTIONS OF WATER AND SEWER DIVISIONS AND APPROVAL OF JOB RECLASSIFICATIONS December 3, 2008 Page 4 of 4 this position. This position will have a One and a Two level. The significant difference between the two levels is a license requirement. The new license is the California Water Environmental Association Grade I Environmental Compliance Inspector. This requirement is a result of the grease trap inspection program that the City is mandated to have by the State Water Resource Control Board. The monthly salary range for this Level One position is $3,135.90 to $3,811.72, as shown in the 08/09 Budget. The proposed Level Two position (A step) proposed monthly salary range is $3,548.00 to $4,312.61. This position is not intended to be adjusted at this time. However, the Director wants to create the position in order to meet required certification for a CWEA Grade 1 Environmental Compliance Inspector. There is not a budget adjustment required. The new combined Public Works Department faces many immediate and future challenges. Asset Management, Project Management, Employee retention, mandated tasks, development of and continuing assessment of a Capital Improvement Program (CIP) and the budget for these projects, are all items that must be addressed in the very near future. These are all items that are being addressed as part of this reorganization and will be further evaluated and addressed within the 09/10 Budget. Fiscal Impact: As stated above, there are no impacts to the current 08/09 Budget, due to vacancies in positions approved for the 2008/09 budget. However, the salary changes made to provide for the re- organization imply increased costs for future budget years, depending upon the number of positions and activities considered for the public works department as a part of future budget decisions. The City will continue to be required to meet mandated certifications amongst it employees operating water and sewer facilities, and will continue to need to meet engineering challenges. This re-organization will assist the City in meeting these requirements with existing staff resources and skilled personnel. Costs of the department as a whole can be adjusted to fit resources, and this re-organization provides a means to examine further department efficiencies as new budgets are determined. The range of cost increase represented by this re-organization, should no other changes be made in the 2009-2010 Public Works Department budget, is an estimated total of $42,700, affecting the various individual funds as follows: Water Fund (820), $17,100, Sewer Fund (612),$14,400, General Fund, $ 9,500, Landfill (660) $1,100, and Garage Fund (575) $600. Budgeted FY 08/09 F-1 New Appropriation Fx-l Not Applicable F Budget Amendment Required L L U W (U 3 ~ v CL W w o E r `oE5 U CD U) L 0 U 0- co Z) 4- 00 r>~ N Y L m U u d N d 75 L d = G'C1 'wva r a}yU R ~ rnm m m~ d C Y C U d w C N d 'S m ~ ~ Em w V `r d 3 d N G V N m c Ed0¢ L 1 a o E C O N U U ,D , E d N- a,c E L c mr C T O tn a>d Q'c m CL C R d 0 5 O u d d C3 O C cn CL IL > d r w U) E m c C; L m _ L N C d U J d dL 'p C d d r.l W U CV N f6 N C d d C d .Id.. •ca d 0 0 d iG m O Z V1 ~L C C W Q m 9 m Q c= C N v d O 'S w CL to o a;d c•-° ,adam~U ca ID mY> Q S Al w L E p •c N 27 c n. L g 0 CL m ~ N C 9 CL '0 m o a o w I m a N Q D > L N i i L U p C d a~ . an d 0i a) - W 'n c p•mmU H me f N> awl anc~ n m d i l ! U) ~c in m [77 m A = 'L p m L a. CL o c n o`= maE d~ E+ cn 0 = ~ O Mm oCLa CLm a°c mop 1 g~a 1 b w co a~ d N _'C N a O N Co to C C O C E C> C m m'm~fl ~mQ~mo~m u y u Z N ' - Cd a m o Y 'V N U c U" c ' . rn m m 21 ~ ~'e 'n m E Q a Z o j LL O C U U mE Ecca U m L3. f~„f m G d P u (6 6 a w Q 1 n w aciF , cD aG~ o pm m (L r N w '1 C n C Y VI L c 'm •u w V ~q~ N o` ® 0 .F+ a V L 0 ATTACHMENT- M~ W In Q a E m a m c (/7 C c w m LU I ~q vl O O~ N u 0 z ° o U E W W a z c E u o z LU C3 a a r U) d •p > N v C a I d E E U `m 3 m `m o LL U ~J Z a d v m c W . LL. O d O E U 'a E C u' 0 3 E a m w li y 0 E c LL U ° ° y O O m o. d C N d ii J LL N LL _ U, . O it : O U ~ m ° IL p, J o U ~ N C m c u F a N ~ G d go e d O > v m 5E ~E ~ - 0.2 _ N LL d oC m ~ v v ~ a-Oi _ d aDi m N Vl LL Q > > Q Il It LL LL W tO `o `o m m ° N LL LL O G c Q. .E d ~ O d ~ ~ d N U ~ U1 n' d m c m m i E w U ~ ~c w c c N "C1 'N (6 N 01 U N Q U U > W > U W C N W -p =v LL w U N a o C/3 N Y Y Y d U G d C ' Ul C N C N C N ' W tD N m v ~ u~ -o ~ N m -o 'o 'o -a a v v d N N Ql UJ A N N m -C -o d U N n 0 N LL Y 'C N U W U t d a u. ~ m w 0 ° U w .E m ; 0 0 ATTACHME JO DESCRIPTION ~ ° , OF = l DEPUTY PUBLIC WORKS DIRECTOR (Exempt, Management Position) DEFINITION Under the administrative direction of the Director of Public Works/City Engineer, to assist in the planning, directing, managing, and coordinating of various Public Works facilities, field service programs, and activities; to provide highly responsible technical and staff assistance; to assist in the planning and designing of municipal construction and capital improvement projects and supervising their inspection; and to do related work as assigned. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E) Essential Duty; (M) Major Portion of Time ® Perform complex professional field and office engineering work in connection with the location, design, construction, and maintenance of Public Works projects. (E-M) ® Prepare comprehensive written reports and statistical support data relating to public works projects and work programs. (E, M) ® Participate in the development and implementation of goals, objectives, policies, and priorities for the maintenance and expansion of the City's public streets, water utility, wastewater utility and storm drain utility. (E-M) ® Assist in the planning, directing, supervising, and coordinating of professional engineering work in traffic engineering projects and the design and construction of streets, sidewalks, storm drainagefacilities, water and wastewater system infrastructure, park or recreation facilities, and other public works. (E-M) ® Supervise and conduct field inspections of municipal contract construction and repair work (street improvements, sidewalk, curb, gutter, storm drain, water, and sewer) and provide direction as needed. (E-M) ® Assist in the operational and closure activities for the City's landfill facility; (E, M) ® Assist in the coordination of the City's compliance with federal, state, and county solid waste regulations. (E) ® Assist in the supervision and coordination of the garbage/recycling franchise with contractor. (E) ® Perform detailed analysis and prepare a variety of required governmental reports and statistical tabulations. (E) ® Supervise engineering staff in the preparation of plans, project specifications, public works inspections, legal descriptions, surveys, and other engineering work performed by staff members. (E-M) ® Assist in the supervision of plan checks for adherence to codes and acceptable engineering standards, make various recommendations for improvements. (E) ® Assist in the coordination of engineering activities and field service programs with other City departments and divisions and with outside agencies. ® Work with developers and private engineering firms to coordinate the construction of new subdivisions and improvements. (E) ® Direct, through the Supervisors, work crews engaged in street, water line, and sewer line repairs, and construction activities, including patching streets, repairing curbs and gutters, painting street markings, installation of traffic signs; maintaining the landfill; repairing and maintaining automotive and other equipment. (E-M) ® Participate in the preparation and administration of all Public Works departmental budgets. (E) 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com ■ Assist in the direction of the City's fleet management program, including vehicle replacement and maintenance scheduling. (E) ■ Represent the City in the community and at professional meetings as required. (E) ■ Work with the public to answer questions and provide technical information. ■ Select, supervise, train, and evaluate staff. (E) ■ Make decisions on problems of design, materials, and processes proposed in connection with new construction or major repairs. (E) ■ Select, supervise, train, and evaluate staff. (E) ■ Serve as the Director of Public Works/City Engineer in his/her absence. (E) ■ Perform other duties as assigned. QUALIFICATIONS Knowledge o: ■ Engineering principles and practices as applied to municipal public works, including planning and development, design and construction, and operation and maintenance. ■ Methods of preparing designs, plans, specifications, estimates, reports, and recommendations relating to public works facilities. ■ Accepted methods of constructing, maintaining, and repairing streets, curbs, gutters, storm drains, water lines, and sewer lines.. ■ Recordkeeping and reporting procedures. ■ Principles and practices of organization, administration, budget, facility, and personnel management. ■ Fleet maintenance operations. ■ Solid waste disposal and landfill management. ■ Technical, legal, and financial issues involved in the conduct of a municipal public works program. ■ Applicable Federal and State regulations. Ability to: ■ Assist in the supervision of a City-wide program of public works activities. ■ Read and interpret construction plans and specifications. ■ Perform technical engineering work of a complex nature. ■ Communicate clearly and concisely, orally and in writing. ■ Properly interpret and make decisions in accordance with laws, regulations, and policies. ■ Supervise, train, and evaluate staff. ■ Prepare comprehensive and complex technical reports. ■ Establish cooperative and effective working relations with subordinates, public groups and organizations, City officials, and other governmental agencies. ■ Lift 20 pounds. Traverse uneven or steep ground. ■ Work in extreme weather conditions. Experience: Four years of progressively responsible professional work experience in the field of civil engineering, with at least two year experience of public works management in a municipal or county government. Education: Equivalent to a Bachelor's Degree from an accredited college or university with major course work in civil engineering. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com Necessary Special Requirements: ® Possession of a valid certificate of registration as a Civil Engineer issued by the State Board of Registration for Civil and Professional Engineers is required. Possession of a valid certificate of registration as a Land Surveyor is desirable. ® Possession of a valid Class C California Driver's License is required. S:\Human Resources\Human Resources\COU JOB DES Files\PUBLICWORKS&ENGINEERING\DeputyPublicWorksDirector_JobDes.doc 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com JOB DESCRIPTION 3 rte. "D A DIRECTOR PUBLIC WORKS DEPUTY - Water a Sewer Utilities (Exempt, Management Position) DEFINITION Under the administrative direction of the Director of Public Works/City Engineer, to assist in the planning, directing, managing, and coordinating of various Water and Wastewater Public Works facilities, field service programs, and activities; to provide highly responsible technical and staff assistance; to assist in the planning and designing of municipal construction and capital improvement projects and supervising their inspection; and to do related work as assigned. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E) Essential Duty; (M) Major Portion of Time ® Plans, organizes, directs and evaluates the water production and distribution system, sewer collection system and wastewater treatment facilities. (E,M) ® Perform complex professional field and office engineering work in connection with the location, design, construction, and maintenance of Public Works Water and Wastewater Utilities projects. (E, M) ® Prepare comprehensive written reports and statistical support data relating to Public Works Water and Wastewater projects and work programs. (E,M) ® Participate in the development and implementation of goals, objectives, policies, and priorities of the Water and Wastewater Utilities of the Public Works Department. (E, M) ® Assist in the planning, directing, supervising, and coordinating of professional engineering work in Water and Wastewater projects and the design and construction of Water and Wastewater facilities and infrastructure. (E, M) ® Supervise and conduct field inspections of municipal contract construction and repair work and provide assistance. (E, M) ® Conduct and supervise plan checks for adherence to codes and standards. (E, M) ® Perform detailed analysis and prepare a variety of required governmental reports and statistical tabulations. (E) ® Assist in the supervision of consulting engineering staff in the preparation of plans, project specifications, legal descriptions, surveys, and other engineering work. (E, M) ® Assist in the coordination of engineering activities and field service programs with other City departments and divisions and with outside agencies. (M) ® Directs, through the supervisors, crews engaged in water and wastewater repairs and construction activities, including repair of water leaks, main replacements, manhole installation and repair. (E, M) ® Select, supervise, train, and evaluate staff. (E) ® Participate in the preparation and administration of all Pubic Works Water and Wastewater Utilities departmental budgets. (E) ® Represent the City in the community and at professional meetings as required. (E) ® Work with the public to answer questions and provide technical information. (E) ® Assist in the selection, supervision, training, and evaluation of staff. (E) ® Work flexible hours. (E) ® Perform other duties as assigned. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com QUALIFICATIONS Knowledge of: ® Engineering principles and practices as applied to water and sewer field and plant operations, including planning, design and construction, and operation and maintenance. ® Federal, State, and local laws, codes and regulations. ® Methods of preparing designs, plans, specifications, estimates, reports, and recommendations relating to public works facilities. ® Accepted methods of constructing, maintaining, and repairing water and sewer field and plant operations. ® Recordkeeping and reporting procedures. ® Principles and practices of organization, administration, budget, facility, and personnel management. ® Technical, legal, and financial issues involved in the conduct of a municipal public works program. ® Applicable Federal and State regulations. Ability to: ® Assist in the supervision of a City-wide program of water and wastewater utilities activities. ® Read and interpret construction plans and specifications. ® Perform technical engineering work of a complex nature. ® Communicate clearly and concisely, orally and in writing. ® Properly interpret and make decisions in accordance with laws, regulations, and policies. ® Assist in the supervision, training, and evaluation of staff. ® Prepare comprehensive and complex technical reports. ® Establish cooperative and effective working relations with subordinates, public groups and organizations, City officials, and other governmental agencies. ® Work flexible hours. Lift 20 pounds. ® Traverse uneven or steep ground. ® Work in extreme weather conditions. Experience: Five years of increasingly responsible experience in water and sewer field, plant operations and management; including two years of supervisory experience. Education: Equivalent to a Bachelor's Degree in Engineering from an accredited college or university. Additional specialized training in water, sewer or engineering highly recommended. Special Requirements: ® Possession of a valid Class C California Driver's License is required. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 2'7' 07 1~ J DESCRIPTION OPERATIONS WATER AND SEWER FIELD (Exempt, Management Position) DEFINITION Under general supervision, direct, coordinate and supervise the staff, operations and maintenance activities of staff in the Water and Sewer Maintenance Department; functional areas of responsibility include the installation, maintenance, repair, expansion, and relocation of water distribution and and sewer facilities; ensure compliance with operational requirements in area of responsibility and evaluate and determine manpower, materials and equipment required for projects. SUPERVISION RECEIVED AND EXERCISED: This classification works independently and receives oversight supervision from the Superintendent. This classification is expected to provide supervision to the entire Water & Sewer Maintenance Worker Crew including involvement in assessment, training, safety, and hiring decision-making. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E=Essential Duty; M=Major Portion of Time) ® Recommend and assist in the implementation of Water and Sewer Field Operations goals and objectives; establish schedules and methods for infrastructure operations; implement policies and procedures. (M) ® Directs and coordinates staff, operations and maintenance activities of Water and Sewer Maintenance crew; functional areas of responsibility include the installation, maintenance, operation, repair, expansion, and relocation of water distribution and sewer facilities. ® Plan, prioritize, assign, supervise and review the work of assigned staff in water and sewer maintenance operations. (M) ® Monitors and evaluate operations and activities of the water & sewer distribution operations; recommends improvements and modifications and prepares various reports on operations and activities. (M) ® Participate in budget preparation and administration; prepare cost estimates for budget items; monitor and control expenditures. (M) ® Assist in preparation and implementation of capital improvement programs to ensure the Water Distribution System and Sewer Collection System will maintain long term and stable operations and compliance with all federal and state regulations. (E) ® Prepare contract documents, requests for proposals and other related procurement documents to obtain needed supplies, equipment and services and administer contracts. (E) ® Participate in the selection of staff; provide or coordinate staff training to ensure safe and efficient performance; work with employees to correct deficiencies; implement discipline procedures. (E) ® Research and prepare a wide variety of reports; maintain files and records on plant operations. (M) ® Work with State Water Resource Control Board staff to ensure that the sewer collection system meets all Federal and State requirements. (E) ® Respond effectively to public inquiries. ® Responds to emergency situations at the plant. (E) ® Perform related duties as assigned. (E) QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. KNOWLEDGE OF: ® Principles and practices of employee supervision, including work planning, assignment, review and evaluation, disciplines, and the training of staff in work procedures. ® Principles and practices of utilities operations program development and administration. ® Principles, practices, equipment, tools and materials of water distribution system and sewer collection system operation, maintenance and repair. ® Sewer lift station operation, maintenance, and repair. ® City codes, specifications, and standards for AWWA, California Department of Health requirements of municipal water distribution systems, the California State Water Resources Control Board requirements for sewer collection systems and sanitary sewer overflow response and reporting requirements, including all the requirements of Sewer System Management Plan. ® Basic principles and practices of budget and Capital Improvement Program development, administration and accountability. ® Methods of estimating time, materials and equipment needed to perform assigned work. ® Basic construction and repair methods, including carpentry, pipe fitting, painting and cement work. ® Cal-OSHA safety principles, practices, and procedures of water distribution systems and sewer collection systems, including equipment and hazardous materials. ® Modern office practices, methods and computer equipment, and various software such as spreadsheets, word processing, and maintenance management programs.. ® English usage, grammar, spelling, vocabulary, and punctuation. ® Techniques for dealing effectively with the public, vendors, contractors and City staff, in person and over the telephone. ® Techniques for providing a high level of customer service to the public and City staff, in person and over the telephone. ABILITY TO: ® Assist in developing and implementing goals, objectives, practices, policies, procedures, and work standards. ® Supervise, train, plan, organize, schedule, assign, review and evaluate the work of staff. ® Organize, implement and direct utilities operations. ® Analyze, interpret, apply and enforce Federal, State and local policies, procedures, laws and regulations. ® Understand, interpret, and successfully communicate both orally and in writing, pertinent department policies and procedures. ® Identify problems, research and analyze relevant information, develop and present recommendations and justification for solution. ® Perform the most complex operations duties and operate related equipment safely and effectively. ® Develop cost estimates for supplies and equipment. ® Research, analyze, and evaluate new service delivery methods, procedures and techniques. ® Prepare clear and concise reports, correspondence, procedures and other written materials. ® Maintain accurate records and files of work performed. ® Develop and recommend systems and procedures related to assigned operations. ® Establish and maintain a variety of manual and computerized record keeping and project management systems. ® Make sound, independent decisions within established policy and procedural guidelines. ® Organize own work, set priorities and meet critical time deadlines. ® Operate modern office equipment including computer equipment and software programs. ® Use English effectively to communicate in person, over the telephone and in writing. ® Use tact, initiative, prudence and independent judgment within general policy and legal guidelines in politically sensitive situations. ® Establish and maintain effective working relationships with those contacted in the course of work. MINIMUM QUALIFICATIONS Any combination of training and experience which would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be: Education & Experience: Equivalent to the completion of the twelfth (12t") grade supplemented by college-level coursework in water and sewer operations or related field, and five (5) years of increasingly responsible experience in the operation of water and sewer facilities, including two (2) years lead or supervisory experience. Necessary Special Requirements: ® Possession of a valid California Class-A Driver's License. ® Grade III Water Distribution Certificate issued by the California State Department of Health Services. ® Other certification (s) specific to functional area of assignment may be required. S:\Human Resources\Human Resources\COU JOB DES Files\WATER&SEWER\Water&SewerMainSup_JobDes.doc 77 3a3 s` JOB DESCRIPTION WATER/SEWER PROGRAM COORDINATOR DEFINITION Under general supervision of the Deputy Director of Public Works, Water and Sewer Division, to create, administer and manage varied programs for the Public Works Department, Water & Sewer Division. These programs are typically community outreach programs that encourage the community to undertake practices that will ultimately result in the City's compliance with many State and Federal mandates and regulations. EXAMPLE OF DOTES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E=Essential Duty; M=Major Portion of Time) ■ Compiles written reports, performs data entry, responds to customer inquiries, maintains grants, files, reports and permits, records certificates, schedules inspections and repairs, and performs other functions to assist the department relative to the City's Sewer Lateral Program. (E,M) ■ Manages the City's Water Conservation Program, designs brochures and ads, answers public inquiries regarding excessive water use, maintains web site and Water Conservation Hotline and performs other various duties to assist the department regarding the water conservation effort. (E,M) ■ Performs leak detection surveys, using the acoustic leak detection equipment. Coordinates confirmation and repair with the water department field staff. (E,M) ■ Monitors customer water usage with the assistance of Finance Department Staff. Reviews usage data to determine usage patterns for water conservation efforts. ■ Performs various duties as the Environmental Compliance Inspector for the Fat, Oil and Grease (FOG) program, to include scheduling and performing inspections, implementing new applications, working on the data base, responding to enquiries and contacting establishments that are regulated by the FOG ordinance. ■ Continually monitoring State regulations to insure that the programs and ordinances that the City has adopted and implemented meet these regulations (E,M) ■ Responds to inquiries regarding City water and sewer programs, directing as appropriate to City personnel; ■ Performs a variety of word processing, and data entry work for the Public Works Department. (E, M) ■ Composes routine correspondence, creates informational flyers, and other related materials. ■ Assembles and reviews information from various sources for records and reports. Answers inquiries about routine procedures and policies, or refers calling parties to the appropriate office, as necessary. (E, M) ■ Maintains mailing and distribution lists and current general departmental information. (E) ■ Performs special projects as directed. (E) ■ Performs related work as assigned. QUALIFICATIONS Knowledge of: ■ Applicable State Laws and City Ordinances and other codes that may be applicable to water and sewer service. ■ Safety requirements that determine when personal safety equipment should be used. ■ Office procedures and practices, to include establishing file systems. ■ Organization and prioritization methods relative to forms, applications, and time sensitive documents. ■ Customer relations and service skills. ■ Microsoft Office software (Word, Excel, Publisher, PowerPoint), and basic office equipment. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com Ability to: ■ Perform field work that includes inspection of FOG systems. ■ Handle numerous activities at once (i.e., phone calls and receiving visitors) in an effective and pleasant manner. ■ Use telephone and other communication equipment in a well modulated voice, utilizing appropriate English grammar skills. (E) ■ Monitor and prioritize workload to divide time appropriately between departments. ■ Perform clerical work involving the use of independent judgment and requiring speed and accuracy. ■ Use good written and verbal communication skills, using appropriate English grammar and diction. ■ Establish a daily work plan to insure timely completion of assignments. ■ Converse in basic Spanish as needed to communicate with customers (preferred). ■ Maintain security of confidential information. ■ Lift up to 50 pounds on an occasional basis. Experience and Education: Any combination equivalent to graduation from high school and two year of customer service in the water and sewer industry. Necessary Special Requirement: Possession of a valid Class C California Driver's License. CWEA Grade 1 Environmental Compliance Inspector REQUIRED (may be obtained within the first 18 months of employment) 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707) 463-6200 Fax# (707) 463-6204 Web Address: www.cityofukiah.com V f 1 ITEM NO.. z MEETING DATE: AGENDA SUMMARY PORT 10c December 3, 2008 SUBJECT: DISCUSS AND CONSIDER POTENTIAL FUNDING FOR THE ALEX RORABAUGH CENTER AND POTENTIAL MANAGEMENT OF THE FACILITY BY THE COMMUNITY SERVICES DEPARTMENT. Background: Over the past five months, the City Council has held a series of work study sessions to discuss the status of the Ukiah Valley Cultural and Recreation Center (UVCRC) also known as the Alex Rorabaugh (ARC). The Alex Rorabaugh Center is a 21,000 square foot multi-purpose community center and gymnasium located at 1640 S State Street. The information presented during the June 4th and August 27th work study sessions is included as Attachment #1. The discussion items included the potential for the Ukiah Redevelopment Agency to provide funding for the completion of the ARC gymnasium facility and the potential for the City of Ukiah Community Services Department Recreation Division to manage the operations of the ARC facility. At the August 27th meeting, Council directed staff to explore a partnership to raise the capital funding needed to complete the facility with possible collaborating agencies including Ukiah Unified School District (UUSD), the County of Mendocino, and Mendocino College. The request letter sent to UUSD from the City is included as Attachment #2. As referenced in the letter, Redevelopment has been identified as a possible source of funding that could be utilized by each of the identified agencies. While a number of discussions have occurred among the various agencies, there is an effort to schedule a meeting with all of the executives in order to promote a constructive and open dialogue regarding completion of the facility. Discussion: At Council's request, the item has been put on the agenda to allow for further consideration. The UVCRC has provided a summary proposal describing elements of their request. The proposal is Recommended Action(s): Consider potential funding for the completion of the Alex Rorabaugh Center and potential management of the facility by the Community Services Department. Potential Options for Council's Consideration: 1. Approve the use of up to $497,175 (and associated budget amendment) of Redevelopment Funds for the completion of the ARC contingent upon the demonstration of commitments for the total amount of funding needed to complete the facility. Direct staff to draft the corresponding resolution(s) for City and Ukiah Redevelopment Agency approval. 2. Authorize the City Manager to negotiate a final draft of the management operating agreement for Council's consideration. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Council Prepared by: Sage Sangiacomo, Director of Community/General Services Coordinated with: Jane Chambers, City Manager Attachments: 1. ARC Work Study Session Packet 2. Request Letter to UUSD 3. UVCRC ProDosal Approved: 111 ' J Chambers, City Manager Subject: Alex Rorabaugh Center Meeting Date: December 3, 2008 Page 2 of 2 included as Attachment #3 for review. While the potential partnering agencies recognize the need to complete the facility and have been receptive to discussing the collaborative effort, none of the potential contributors (including the City) have made the commitment to fund. The estimate cost of completion and debit retirement for the project is $1,491,527. Participation from three agencies would require a contribution of $497,175 from each and $372,882 if four participate. With regard to management of the facility, staff has previously provided analysis and a sample operating agreement for consideration. This information is included in the work study packet included as Attachment #1 for further review. The draft agreement was structured to provide a clear exit strategy and limit liabilities. The agreement utilizes the City's experience in recreation/leisure programming and facility management while ensuring that the UVCRC remains responsible to its mission and financial performance. Fiscal Impact: Budgeted FY 08/09 I " I New Appropriation Not Applicable ® Budget Amendment Required F 1-1 Amount Available Source of Funds (title and Appropriation Requested $687,911 City of Ukiah RDA Capital Reserve Up to $497,175 Attachment #1 ITEM NO. 2a DATE: August 27, 2008 AGENDA SUMMARY REPORT SUBJECT: WORK STUDY SESSION EXPLORING POTENTIAL FUNDING FOR THE ALEX RORABAUGH CENTER AND POTENTIAL FACILITY MANAGEMENT OF THE ALEX RORABAUGH CENTER. On June 4th, a work study session was held to discuss the current status of the Ukiah Valley Cultural and Recreation Center (UVCRC) also known as the Alex Rorabaugh Center (ARC). The Alex Rorabaugh Center is a 21,000 square foot multi-purpose community center located at 1640 S State Street. The information that was presented during the June 4th work study session is included as Attachment #1. The discussion items included the potential for the Ukiah Redevelopment Agency to provide funding for the completion of the ARC gymnasium facility and the potential for the City of Ukiah Community Services Department Recreation Division to manage the operations of the ARC facility. The outcome of the study session was a list of questions. Continued on Page 2 RECOMMENDED ACTION: Receive status report and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: NIA Citizen Advised: N/A Requested by: Ukiah Valley Cultural and Recreation Center Prepared by: Katie Merz, Community Services Supervisor and Sage Sangiacomo, Community Services Director Coordinated with: Jane Chambers, City Manager Attachments: 1. ARC status update originally presented June 4, 2008 2. Sample RDA Resolution 3. Draft Management Operating Agreement APPROVED: Jane Chambers, City Manager The following list includes the June 4th questions and subsequent answers from staff. The questions and answers are split into two categories with the first covering the use of Redevelop funds forthe completion of the building, and the second covering operational management of the facility. Redevelopment funds to support construction of the ARC gymnasium: ® Question: What is the timeline for implementation? Staff has been in contact with the other potential supporting agencies including the County of Mendocino, Ukiah Unified School District and Mendocino College. Once authorized by the City Council, Staff will proceed with finalizing the agreements and securing the contributions. Staff has prepared a sample resolution with the required findings to utilize RDA funds. This draft document is included as Attachment #2 for review. Each of the identified partners would have to have the item approved by their respective governing bodies. UVCRC is ready to proceed with issuing the RFP for completion of the gym and managing the final phase of construction. ® Question: What are the long term liabilities with the use of RDA funds for the completion of the gym? There are no statutory obligations or commitments for the length of operation of the facility if RDA funds are used to complete the construction. ® Question: What are the existing liabilities with the CDBG funds utilized for the facility? Remedial action for noncompliance issues is a liability for the City, specifically related to the $1,000,000 funded from CDBG with the City identified as the local recipient. Findings of noncompliance could include failure to achieve the primary program objectives and failure to provide the required records related to the use of CDBG funds. The sanctions taken to remedy the noncompliance could include repayment of funds (partial or all) and the suspension of future funding. The City has three potential liability issues: 1. Given that the grant has not been closed out due to noncompliance issues with the required recordkeeping during the construction of the project, the City is subjected to remedial action. Note that professional support is being acquired to help resolve the reporting compliance issues and finalize closeout. 2. The failure to complete the gym portion of the facility may be viewed as noncompliance given that the gym was leveraged as a match component of the project. 3. The City is under contract with the Department of Housing and community development to maintain the facility as specified in the grant application at least through 2010. Failure to meet the documented objective of providing alternative youth activity for the targeted income group could result in sanctions including the repayment of the grant. ® Question: What is the distribution of RDA funds including pass through and capital outlay agreements? Could this project be use as a catalyst to change the formulas for distribution to the other agencies? The URA's financial advisors are in the process of preparing a matrix demonstrating the distribution of RDA funds. Given that each of the agencies would be equally contributing partners in the completion of the facility, it is unlikely that these agencies would be willing to give up any additional funds by agreeing to changes in their agreements with the URA unless other leverage can be identified. The agreements with Ukiah Unified and Mendocino College for RDA funds are capital outlay agreements that have to conform to redevelopment law and have to be used in a manner consistent with the URA's redevelopment objectives requiring URA approval. If the URA is willing to consider nondiscretionary pass through agreements, a lesser amount may be considered by these agencies. The agreement with the County is a nondiscretionary pass through agreement. The pass through is 40% of the tax increment that would have been due to the County without an RDA, increasing to 100% later in the life of the Agency. Funding projects of current interest to the County may be leverage to negotiate a new percentage for the future tax increment. ® Question: If the city steps in or funding from City/County/School is in place to complete the construction of the facility, what happens to the fundraising? Is there opportunity to use RDA funds as a loan? The UVCRC Board of Directors is committed to continued fundraising efforts for continued improvements and equipment. The operating agreement and/or regulatory agreement for the contribution of RDA funds could include language outlining the UVCRC's obligations for continued fundraising efforts. Contributed RDA funds could be treated as a loan obligation with terms to be set by the Agency. The loan option would allow the Agency to potentially recover funds if future grants become available. However, staff anticipates limited opportunities for grants or other funding sources that could be used for such purposes. ® Question: What are the existing priorities for RDA? Council would like to know what projects are pending or in the works, so that they can look at ARC in relationship to other RDA projects. As presented and approved in the 08/09 URA Budget, the major projects include Talmage Road intersection widening, Airport Park Blvd street renovation, engineering for the extension of Airport Park Blvd, and engineering plans for Betty, Clara, and Lorraine Streets. The total for these projects is $2,250,000. The Agency also has $500,000 budgeted for continuation programs including the Fagade and Sidewalk improvement programs. Furthermore, there is $4,500,000 available in cash reserves for other projects. The reserve fund has increased between $600,000 to $2,500,000 per year over the past four years depending on the yearly operation and project costs. The Agency also has the capacity to bond at an estimated amount of $27 million. Projects have yet to be identified for the bonding, but the Agency has expressed interest in the following as identified in the Five Year Implementation Plan: ® Enhancement of downtown public parking ® Downtown revitalization improvements along the State Street corridor. ® Revitalization of the Palace Hotel property. ® Retention of the Mendocino County Court House in the Project Area. ® Development of the Perkins Street Depot property. ® Open space, riparian, and recreational facility development. Question: Council requested completion of the 08/09 RDA budget prior to considering the project. What are the implications to the RDA budget? The 08/09 RDA budget is complete and approved. At this time, Staff has received strong interest from the County of Mendocino and Ukiah Unified School District to consider the funding collaboration needed to complete the project. The estimated cost of completion and debit retirement for the project is $1,491,527. With three agencies participating, the contribution from each is $497,175. If four agencies participate (including the College), the contribution from each is $372,882. Operational Management of the ARC: Background The ARC was opened in March of 2007 with a facility management plan that named the Ukiah Boys and Girls Club as the facility manager. The Boys and Girls Club provides services for afterschool and summer youth programming. In January 2008, the Boys and Girls Club closed their operations and reduced their staffing due to financial constraints. At that time the UVCRC board determined the need to secure a new agency to manage the facility. The City of Ukiah Community Services Department provides services in the areas of facility rentals, management, building maintenance, activity programming, collaborative events, and so forth. The Community Services Department could utilize existing services to undertake management and operation of the ARC. ® Question: What would the relationship between the City and UVCRC look like? The City and UVCRC have researched similar agreements in other jurisdictions and have begun development of a draft operation agreement, included as Attachment #3. The agreement has been structured in such a way to provide a clear exit strategy and limited liabilities. The following is a summary of that agreement: The draft operation agreement utilizes the City's experience in recreation/leisure programming and facility management while ensuring that the UVCRC remains responsible to the mission of expanding access to recreational opportunities for children and youth while improving the health of youth, families, and the community for the ARC's operations including its financial performance. The City, using City employees, will manage the operation of the ARC facility in an effort to maximize the programs offered and better control the expenses of operating the ARC. Specifically, administrative costs will be reduced by utilizing existing resources and staff. UVCRC will retain title to the grounds, buildings, structures and all other improvements, and its equipment. In addition, UVCRC will continue fundraising and contribute toward the capital reserve thus ensuring long term stability of the ARC facility. The net operating gain or loss formula will be negotiated if directed by Council to move forward with the agreement. The draft operating agreement with the UVCRC has been structured to provide a clear exit strategy including but not limited to options for termination. The term, as stated in the agreement, is set for five years with provisions to allow either party to request an early termination after one year. The agreement also outlines provisions for termination beyond the first year. Either party may choose to terminate the agreement and exit their contractual obligations at any time by providing written notice and observing a six month time period. The budget will be prepared jointly by UVCRC and City staff each year and must be approved by both the City of Ukiah and UVCRC governing bodies. The intent of the arrangement is that revenues generated by ARC programs and usage will be sufficient to cover operating expenses (including, but not limited to, maintenance and contributions to any capital improvement reserves established in the budget). ® Question: What is the potential for creating a Recreation District and is the ARC a component to a future Recreation District. The creation of a Recreation District would require additional feasibility analysis and a voter initiative. Having the Community Services Department Recreation Division operating and managing services at the ARC could be a catalyst to a future Recreation District. ® Question: What is the anticipated value for the new ARC Gymnasium facility? What is the capacity for rentals of the gym? The new ARC gymnasium facility will be a desirable location for large functions, activities, and sporting events. The gym will provide a space for volleyball, basketball, and badminton as well as operating as a venue for private events, presentations, or workshops. It is estimated that the gym will accommodate seated events for up to 600 people. Attachment #1 Alex oraah Gymnasium & Cultural Recreation Center (ARC) The Ukiah Valley Cultural and Recreation Center (UVCRC) is now the Alex Rorabaugh Gymnasium, Cultural & Recreation Center (ARC). The facility is a 21,000 square foot multipurpose community building which shares a site with the Grace Hudson Elementary School on the southern border of the city of Ukiah. Funding: ® Land- Ukiah Unified School District (valued at $1,000,000) ® $1,000,000 County of Mendocino Tobacco Settlement Fund ® $1,000,000 City of Ukiah Community Development Block Grant ® $800,000 California Department of Education ® $500,000 California Endowment ® $600,000 S.H. Cowell Foundation ® Over $1,700,000 in local contributions - over 800 contributors Facility Milestones: ® 1997- Facility planning began for the Ukiah Valley Cultural Recreation Center (UVCRC). The facility was designed and built under the direction of the UVCRC Board which is made up of local business and community leaders. ® February 2005: Phase 1 was completed providing the structural shell for the entire facility. ® March 2007: Phase 2 completed the Community Center interior and opened for use with the Boys and Girls Clubs of Ukiah. ® January 2008: Boys and Girls Club closed their programs and reduced their staff leaving the facility nearly vacant. Current Status: ® Phase 3 to complete the interior of the Gymnasium remains unfinished. ® The loan that was incurred to build the facility is outstanding. ® Additional costs for completing the facility are growing. ® New facility operations and management plans are being explored to increase broad community use and assure a sustainable facility. ® UVCRC Board of Directors continues fundraising activities and is working on creating operating/maintenance endowments. ® Opportunity to secure capitol funding to complete the Gymnasium is limited given local economics and limited funders. "It, Or Pon f _ Y0I& C 1, 1 - - - --a Rn 1 j t Room p r DI E r Facility Features ® Supervised afterschool activities ® Weekend and evening recreation & education programs 11,000 square foot youth center ® Computer room ® Music room ® Arts & crafts room ® Indoor games area ® Outdoor play area ® Offices for community based organizations 10,000 square foot gymnasium & stage ® Pull out gym divider ® 6 basketball hoops ® Full size tournament basketball court with bleachers ® Full size theatrical stage 1,350 square foot conference center ® 3 public meeting rooms with tables, chairs and visual materials ® Full kitchen UVCRC Project Completion & Debt Retirement UVCRC Debt Service UUSD 94,000 NCCLF Debt 393,569 Total Debt $487,569 Gym Completion Costs Engineer's Construction Estimate 756,489 Other Construction Costs - Soft costs 146,200 Gym Awnings for weather proofing exterior 180,000 Construction Total 1,082,689 10% Contingency 108,269 Total Gym Completion Costs $1,190,958 HUD funding secured toward construction $147,000 UVCRC Loan Fund Reserve $40,000 Total Cost for Construction & Debt Retirement $1,491,527 CITY OF UKIAH ARC General Operating Account EXPENSE ACCOUNT NO. FY 08/09 110 Salaries, Regular $ 15,818 .000 Receptionist (25% Recreation Admin, 25% Parks, 50% ARC) 111 Salaries, Non-Regular $ 20,000 .000 2 Facility Attendant (20 hours per week @ $10.00 per hour) 115 Salaries Overtime and Holidays $ 1,000 141-156 Employee Benefits $ 14,313 .000 Retirement, Workers Compensation Insurance, Group Insurance, Unemployment Insurance, FICA, Medicare. 210 Utilities $ 12,000 .000 City and PG&E utilities (without gym open; Increase to $24000 w/ Gym ) 220 Telephone $ 2,500 .000 Maintenance agreement, long distance and system charges. 250 Contractual Services $ 5,000 .000 Pest Control, Routine Carpet Cleaning 280 Burglar Alarm Maintenance $ 1,000 301 Building Maintenance and Repair $ 2,500 .000 Building maintenance and repair 302 Equipment Maintenance and Repair $ 3,000 .000 Heating, air conditioning, and miscellaneous equipment. 690 Supplies $ 7,500 .000 Building maintenance supplies 711 Contribution to Replacement Reserve (699) $ 7,500 DEPARTMENT TOTAL EXPENSE $ 92,131 REVENUE Room Rentals $ 40,000 Office Rentals $ 9,000 City Contribution City Recreation Program Revenue $ 13,550 Youth Sports $ 4,800 Adult Sports $ 5,000 Recreation Classes $ 3,750 City Recreation Administration (210 Utilities & 305 Civic Center) $ 10,000 Partner by MOU $ 20,000 Boys & Girls Club $ 20,000 DEPARTMENT TOTAL REVENUE $ 92,550 PROFFIT/LOSS $ 419 Attachment #2 RESOLUTION NO. WHEREAS, 1. The Ukiah Redevelopment Agency ("Agency") maintains a Capital Outlay Fund for the benefit of the (Name of Agency) ("XXXX" pursuant to the 1990 agreement between the XXXX and the Agency ("the Agreement"); and 2. The Capital Outlay Fund consists of the tax increment revenues to the Agency produced by the annual 2% increase in the assessed value of real property within the Agency's Redevelopment Project Area, which would have been received by XXXX, if the Agency and Project Area had not been established; and 3. Pursuant to the Agreement, XXXX may request the City Council to approve the disbursement of funds in the Capital Outlay Fund for property acquisition and capital projects proposed by XXXX that comply with Health and Safety Code Sections 33445, 33678, 33679 and other provisions of the Community Redevelopment Law; and 4. Before the City Council may approve a disbursement from the Capital Outlay Fund requested by XXXX, the City Council must conduct a public hearing in compliance with Health and Safety Code Section 33679; and 5. Health and Safety Code Section 33679 requires notice of the public hearing to be published for two successive weeks prior to the hearing in a newspaper of general circulation in the City and a summary of the proposal to be available for public inspection during that two week period; and 6. Notice has been published as required by law and the Summary, a true and correct copy of which is attached hereto as Exhibit A, was available for inspection during the required period; and 7. Health and Safety Code Section 33679 requires the City Council to determine the total funds to be disbursed from the fund and to make specified findings before it can approve the disbursement of said funds; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The total taxes to be disbursed on behalf of XXXX from the Capital Outlay Fund for the construction of improvements is 2. Based on the facts as set forth in the attached Exhibit A, the City Council hereby finds: a. The building is of benefit to the project area and contributes to the elimination of blight. b. There are no other reasonable means of financing the construction of the building available to the community. 3. The distribution as requested by XXXX is hereby approved. PASSED AND ADOPTED by the Ukiah City Council on DATE, 2008, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Douglas F. Crane, Mayor ATTEST: Linda Brown, City Clerk 2 EXHIBIT A TO RESOLUTION SUMMARY OF PROPOSED EXPENDITURE UKIAH REDEVELOPMENT AGENCY (Insert (Name of Agency) CAPITAL OUTLAY FUND The City of Ukiah created a redevelopment agency ("Agency"), adopted a redevelopment plan, and established a redevelopment project area in 1990. The Agency uses a portion of property tax revenues to undertake projects and finance improvements to reduce or eliminate blighted conditions in the redevelopment project area. The primary source of income to a redevelopment agency is "tax increment," which is the portion of ad valorem real property tax that results from the increase in assessed value of real property in the Agency's redevelopment project area over the "base year," which is the year the redevelopment plan is approved. The increment is composed of two parts: the annual 2% increase authorized by Cal. Revenue and Taxation Code Section 110, and the increase resulting from reassessment of real property after a sale or after the construction of improvements. In 1990, when the City of Ukiah adopted its redevelopment plan and created the Agency, it entered an agreement ("Agency Name Agreement") with the Insert Agency Name ("XXXX"), among other local government agencies. The agreement with XXXX requires the Agency to pay into a Capital Outlay Fund for XXXX the 2% of property tax increment above the 1990 base year that goes to the Agency. The agreement authorizes XXXX to request the City Council to approve the disbursement of funds in the Capital Outlay Fund for capital improvements proposed by XXXX that comply with Health and Safety Code Sections 33445, 33678, 33679 and other provisions of the Community Redevelopment Law. Under the agreement and the Community Redevelopment Law, the City Council must conduct a public hearing in compliance with Health and Safety Code Section 33679 before it can approve the disbursement of funds in the Capital Outlay Fund for the acquisition of land or the construction of buildings to be owned by XXXX. XXXX has requested the release of funds from the Capital Outlay Fund to pay for the cost of completing the construction of the gym facility at Ukiah Valley Cultural and Recreation Center located at 1640 South State Street. Prior to conducting its public hearing on this request, the City is required to make available for two weeks a summary. The summary must state the total amount of taxes proposed to be used for the construction of the building and other improvements, and it must include the facts supporting the findings which are required by Health & Safety Code §33445. Those findings are as follows: (1) That the buildings, facilities, structures, or other improvements are of benefit to the project area or the immediate neighborhood in which the project is located. (2) That no other reasonable means of financing the buildings, facilities, structures, or other improvements, are available to the community. (3) That the payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements will assist in the elimination of one or more blighting conditions inside the project. A. Estimate of taxes proposed to pay for land and construction of building is E. Facts supporting findings under Health & Safety Code Section 33445. 1. The UVCRC gym is of benefit to the project area and contributes to the elimination of blight. i. The UVCRC's goal is to expand access to recreational opportunities for children and youth while improving the health of youth, families, and the community. ii. The UVCRC provides structured and informal recreation that can improve overall health and well-being for children and families by reducing obesity and high-risk behaviors by giving opportunities to develop positive self images. iii. The UVCRC also provides access to health and prevention information; rotating Public Health nurse services (family planning, STD testing, health screening); youth outreach; anger management and conflict resolution programs; substance abuse prevention programs; adult education opportunities; and gang prevention programs. iv. The UVCRC represents a collaboration between the City of Ukiah, the County of Mendocino, Ukiah Unified School District, Mendocino College District the Ukiah Valley Cultural and Recreational Center, and other county and community-based organizations. All partners have contributed to the project in substantial ways, and have participated in the planning process. V. The UVCRC is located on the Grace Hudson Elementary School Campus and provides critical public services to the residents in the 4 Ukiah Redevelopment Project Area. The UVCRC provides recreational opportunities and other services which address the needs of "at risk" youth and families, and thereby contribute to the reduction of blighted conditions in the project area. vi. Children and families in UVCRC's service area are impacted by poverty and social pressures that create an environment that fosters risk factors and diminishes opportunities for positive development. These problems are exacerbated when children and families do not have safe environments in which to play and exercise. South Ukiah is in particular need of positive development opportunities. Its residents are among the county's most impoverished families. In a survey developed by the Mendocino County Department of Public Health, more than 92% reported incomes below $30,000, regardless of family size (36% had incomes under $12,000, and 58% had incomes of $12,000- $30,000). vii. According to the County's Probation Department, the majority of the county's juvenile probation caseload lives within a half-mile radius of the UVCRC. Gang activity is also increasing in south Ukiah, and an estimated 75% of the gang caseload for the Ukiah area live in this area. viii. The UVCRC's gym will provide a location for safe and supervised activities where children and families can be exposed to protective factors including positive role models and opportunities to connect and build positive caring relationships, and thereby contribute to the reduction of blighting elements and conditions in the project area. 2. There are no other reasonable means of financing the buildings available to the community. i. According to XXXX, it lacks the means to finance the construction of the gym facility. ii. The use of Capital Outlay Funds in compliance with the request of the XXXX for which they have been set aside is consistent with the implementation plan adopted by the Agency pursuant to Health & Safety Code §33490. Specifically, (1) Eliminate and prevent the conditions which lead to the spread of blight by providing the renewal, redevelopment, and restoration of the Redevelopment Project Area, and (2) Promote public safety and economic growth through an improved system of streets, utilities, and public facilities. Insert Date Ukiah Redevelopment Agency Attachment #3 CITY OF UKIAH AND UKIAH VALLEY CULTURAL AND RECREATION CENTER OPERATING AGREEMENT FOR THE ALEX RORABAUGH CENTER This Agreement ("Agreement") is made this day of , 2008 ("Effective Date"), by and between the City of Ukiah, a California general law city ("City"), and the Ukiah Valley Cultural and Recreation Center, a California non- profit corporation (UVCRC") for operations of the Alex Rorabaugh Center ("ARC") located at 1640 South State Street, Ukiah, California. Recitals A. The UVCRC owns the newly constructed ARC, a 21,000 square foot community recreation center which includes multipurpose rooms, gymnasium, court yard, office space, and kitchen. B. The City of Ukiah is experienced in operating community facilities and collaborative recreation/leisure activities in the Ukiah Valley area. C. The City and the UVCRC desire to take advantage of the City's experience in recreation/leisure programming and facility management while ensuring that the UVCRC remains responsible to the mission of expanding access to recreational opportunities for children and youth while improving the health of youth, families, and the community for the ARC's operations including its financial performance. D. The parties believe they can maximize the programs offered and better control the expenses of operating the ARC if the City, using City employees, manages the operation of the facility. E. The parties desire to set forth the terms and conditions of their relationship in this Agreement with further details of the actual ARC operations to be set forth in a Center Operating Plan. The initial Center Operating Plan ("COP") is attached to this Agreement as Exhibit A; however it is intended that specific services provided by each party and the operating relationships may change over the course of this Agreement in order to meet community needs. F. The City and UVCRC commit themselves to work together in the spirit of partnership for the success of the ARC, subject to the terms and conditions of this Agreement, and to deal with each other with fairness, respect, cooperation, and good faith in the operation of the ARC and performance of this Agreement. The City and UVCRC commit to promptly resolve disputes over this Agreement and/or ARC operations. S:\Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 1 NOW THEREFORE, the parties agree as follows. Agreement Parties to the Agreement. City is the City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482, with its principal contact for purposes of this Agreement as follows: Director of Community/General Services 300 Seminary Avenue Ukiah, CA 95482 Phone: 707-463-6221 Fax: 707-463-6740 UVCRC is the Ukiah Valley Cultural and Recreation Center, P.O. Box 561, Ukiah, California 95482, with its principal contact for purposes of this Agreement as follows: Executive Director, UVCRC P.O. Box 561 Ukiah, CA 95482 Phone: 707- 462-8562 Fax: 2. Term. 2.1 The term of this Agreement shall commence on the Effective Date and shall terminate on June 30, 2013, unless earlier terminated by either party as provided in Section 2.2 or extended as provided in Section 2.3. 2.2 In addition to the provisions of Section 5.6 and 5.7 below, either party may request an early termination of this Agreement after June 30, 2010. Such a request must be made in writing, and must be made a minimum of six months in advance of proposed termination date, unless City and UVCRC mutually agree to a lesser time. Provided that such written request is timely made, termination shall occur upon the specified termination date. This Agreement may be extended for two additional five-year terms upon the written mutual agreement of the parties which agreement must be reached no later than December 31, 2012, for the first extension, and December 31, 2017, for the second extension. The parties may mutually agree to additional extensions beyond this date. Prior to each extension, the parties shall prepare an evaluation of the ARC operations and present it to the City Council and the UVCRC Board of Directors. S:\Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 2 3. Management and Staffing. City and UVCRC agree to cooperatively manage and operate the ARC as a successful recreation center for the benefit of the public. A "Recreation Supervisor," or other classification as determined by the City, shall be employed by the City and responsible for all ARC operations. The initial COP is attached to this Agreement as Exhibit A and is incorporated into this Agreement by this reference. The COP, among other things, details staff duties and operating relationships. The parties hereby authorize the City of Ukiah City Manager ("City Manager") and the UVCRC Board President ("UVCRC President") to modify in writing the COP from time to time as may be necessary to facilitate efficient operations of the ARC consistent with the intent of this Agreement. The Recreation Supervisor shall be employed by the City. The City shall provide the UVCRC with opportunities for meaningful and substantial input on the ongoing performance of the Recreation Supervisor. The Recreation Supervisor shall have operational authority for the management and operation of the ARC. The duties and responsibilities of the Recreation Supervisor shall include, but not be limited to- a. Managing the ARC so that it is developed and maintained as a successful recreational center. b. Managing rentals and use of the facility. C. Preparing and administering the annual budget and work plan for development and operation of the ARC. d. Preparing the progress reports and annual budget for the preceding fiscal year for approval by the City Council. e_ Organizing, scheduling, and directing City employees, volunteers, and independent contractors assigned to the ARC. f. Reporting on status of operations at the ARC as requested, including, but not limited to, providing a reports intended for the City Council and UVCRC Board of Directors. g. Performing all duties that are usual and customary and normally associated with the position of a recreation supervisor of a public recreation center. Notwithstanding the parties' agreement to cooperatively manage and operate the ARC, City employees working at the ARC are employed solely by the City, and the City retains all responsibilities associated with their employment. UVCRC employees working at the ARC are employed solely by the UVCRC, and the UVCRC retains all responsibilities associated with their employment. The parties agree to cooperate fully with each other in resolving any employment issues. The UVCRC agrees to indemnify and hold the City, its agents, officers and employees harmless from any claim or damage resulting from an employment matter involving a ARC UVCRC employee acting within the scope of employment. The City agrees to S:Wdministration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 3 indemnify and hold the UVCRC, its agents, officers and employees harmless from any claim or damage resulting from an employment matter involving a ARC City employee acting within the scope of employment. The City shall consult the UVCRC Executive Director prior to the selection of the candidate by the City for the position of Recreation Supervisor, either at the initial hire or in future hiring actions. Performance issues on the part of the Recreation Supervisor may be raised by either party and addressed through the dispute resolution process provided for in Section 9.1 of this Agreement. The ARC staff may be comprised of employees of both the City and the UVCRC. It is acknowledged and agreed between the parties that to achieve the optimum performance of the total ARC staff, City employees may be directed to work at the ARC on UVCRC activities within the scope of this Agreement and UVCRC employees may be directed to work at the ARC on City activities within the scope of this Agreement. The Director of Community/General Services for the City and the UVCRC Executive Director shall meet periodically to evaluate ARC operations and shall prepare no laterthan December 31 of each year and present as soon as practicable thereafter an annual report on ARC operations to the City Council and the Board of Directors of the UVCRC. The report shall include user satisfaction data as well as data on the financial performance of the ARC. The Director and Executive Director may involve other City and UVCRC staff in development of the annual report as desired. 4. Grounds and Facilities. The UVCRC shall retain title to the grounds, buildings, structures and all other improvements, and its equipment. Subject to approval of the Recreation Supervisor, certain equipment owned by the UVCRC may be used at the ARC; provided, however, any such equipment must be identified in a writing attached to the COP and the equipment must be clearly marked as UVCRC property on the equipment itself. The City and UVCRC agree that both parties shall continue joint use of the grounds, buildings, equipment and other improvements at the ARC in furtherance of this Agreement. The Recreation Supervisor shall determine the most effective use of the ARC grounds, buildings, equipment and other improvements subject to the approval of the City's Director of Community and General Services, or such other individual designated in writing by the City Manager, in consultation with the Executive Director for the UVCRC, or such other individual designated in writing by the UVCRC Board President. S:\Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 4 5. Budget and Funding. 5.1 The parties agree that it is the intent of the arrangement governed by this Agreement that revenues generated by ARC programs and usage will be sufficient to cover operating expenses (including, but not limited to, maintenance and contributions to any capital improvement reserves established in the budget). (For purposes of this Agreement, "fiscal year" shall mean the twelve consecutive months beginning July 1 of the year first referenced and ending June 30 of the year last referenced. For example, "fiscal year 2008/09" means the period beginning July 1, 2008 and ending June 30, 2009.) a. In February of each year, the Recreation Supervisor and the Executive Director of the UVCRC ("Executive Director") shall develop budget assumptions related to the ARC operating budget for the following fiscal year. b. Before March 15, or on another mutually-agreed upon date, the Recreation Supervisor and Executive Director shall develop the preliminary proposed annual ARC operating budget and workplan. The budget will include estimated costs and revenue from rental and activities as well as agreed-upon capital improvement reserves. The UVCRC may agree to the preliminary proposed ARC operating budget and workplan or terminate this Agreement subject to the notification provisions of section 5.6. C. The proposed annual budget and work plan and the latest progress report will be included in the City Manager's Recommended Budget, which must be submitted to the City Council no later than May 15 each year. Once the City Council has established the annual operating budget, the UVCRC may agree to the ARC operating budget or terminate this Agreement subject to the notification provisions of section 5.6. d. Once the annual budget and work plan is approved by the City Council, that annual budget and work plan shall be implemented by the Recreation Supervisor for the upcoming fiscal year. 5.2 The City shall pay an agreed-upon amount for City programs held at the ARC and other identified usage including but not limited to rental of office space. The foregoing payments shall be made quarterly to the ARC revenue fund managed by the City of Ukiah and shall be due by July 15, October 15, January 15 and April 15. City will provide detailed usage reports along with the documentation of the payments to the UVCRC Executive Director. S:Wdministration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 5 5.3 The City and UVCRC may agree to a mid-year budget adjustment to the ARC budget in special circumstances including, but not limited to, a significant unexpected expense affecting the ARC operations which could not be reasonably anticipated or controlled. 5.4 The City shall provide UVCRC with quarterly reports on the operating position of the ARC. Both parties agree to maintain agreed-upon customer service standards and accessibility over the course of the year, while recognizing that operations may change over the year in order to meet financial objectives for ARC operations. 5.5 As part of the annual budget and work plan adoption process, the parties will agree on a method for separately accounting for fee-based activities and usage. A budget worksheet for the initial year is attached as Exhibit B. A final annual budget reconciliation shall be prepared no later than October 1 of each year. Any net operating gain (calculated by subtracting approved operating expenses, including a reserve for future capital expenditures, from fee-based activities and usage revenue) shall be distributed to the parties as follows: XX% to the City and XX% to the UVCRC. Any net operating loss (calculated by subtracting approved operating expenses, including a reserve for future capital expenditures, from fee-based activities and usage revenue) shall be paid by parties as follows: XX% from the City and XX% by transfer of funds from the UVCRC to the City no later than sixty (60) days after receipt of the final budget reconciliation. 5.6 In the event that the UVCRC does not agree to the annual budget and work plan as approved by the City Council, this Agreement shall terminate. The UVCRC will notify the City in writing that this Agreement shall be terminated six months from the date of notification, or on another date as agreed-upon by the parties. Distribution of net operating gain or loss shall be suspended during the six month notice period. Likewise, the UVCRC shall not be obligated to pay the amount of revenue shortfalls, as described in section 5.5, during the six month notice period. The parties acknowledge and agree that such a termination will require a substantial amount of time to accommodate ongoing obligations at the ARC and to enable full separation of responsibilities and obligations of the parties. The parties agree to cooperate reasonably one with the other in such an event to facilitate such a separation as expeditiously as possible. Termination of this Agreement as provided in this Section (with each party bearing its own costs) shall be the sole remedy of the parties. 6. Programming and Pricing. 6.1 The City and UVCRC will agree upon programming and pricing as part of the annual budget and work plan process. The initial programming and pricing is as described in the COP. S:\Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 6 6.2 The parties acknowledge that the scope of community services offered at the ARC, including youth, family, intergenerational, special event, and adaptive programming, may evolve over time. 6.3 Initial program pricing and the pricing philosophy for the ARC are provided in Section XXX of the COP. 6.4 It is intended that the annual City Council approval of the budget and work plan will authorize the City Manager to adjust prices and programming as needed in accordance with a City Council adopted policy or directive. 7. Revenues and Marketing. 7.1 The parties agree that Ukiah Valley residents are intended to be the primary beneficiaries of the ARC, although the ARC will be available for the use of non-residents as well. To that end, the parties desire to develop a marketing plan and activity program pricing structure that will accomplish the foregoing goal and will provide adequate revenues to cover annual operating expenditures. The parties also intend to jointly and/or individually seek grants or other sources of funding which may be available to provide existing or expanded services and programs at the ARC. Both parties agree to cooperate fully, one with the other, in such endeavors. 7.2 The parties agree that there shall be no discrimination based upon race, color, creed, religion, gender, marital status, age, disability, national origin, sexual orientation, or ancestry, in any activity or membership offered pursuant to this Agreement. 8. Audits Record Retention and Inspection. The parties understand and agree that the City is a public entity and as such is subject to various laws including, but not limited to, the California Public Records Act, and as such members of the public as well as representatives of governmental agencies have access to and the right to examine, audit, excerpt, copy or transcribe any pertinent transaction, activity, or other records of each party relating to this Agreement. Such material, including, but not limited to, all pertinent costs, accounting, and financial records shall be retained by each party for a period of at least five (5) years after their creation date. Each party grants the other party, at the requesting party's expense, the right to conduct at any reasonable time an audit and re-audit of the books, records and business conducted related to this Agreement and observe the operation of the business so that the accuracy of the above records and any of the invoices for services provided can be confirmed. S:\Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 7 In the event of any dispute between the parties as to financial matters, the parties agree, as their sole remedy, to mutually choose an independent auditor to conduct an investigation of the disputed matter. If the parties are unable to mutually choose an independent auditor, each party shall identify one auditor and those two auditors shall choose a third, independent auditor to conduct the investigation. The auditor so named shall be deemed to have been mutually chosen by the parties. If, as a result of the investigation of the mutually chosen auditor, any adjustment in payment is required by either party, such payment shall be made within sixty (60) days of receipt of written demand for same. The decision of the mutually chosen auditor shall be final and binding upon the parties. 9. Dispute Resolution. 9.1 Operational Issues. Except as otherwise specifically set forth in this Agreement, any dispute concerning day to day operational decisions in the implementation of this Agreement as further detailed in the COP shall be resolved by the Director of Community/General Services and the Executive Director of the UVCRC. For any disputes which cannot be resolved by these individuals, either party may request that the Ukiah City Manager resolve the dispute after first consulting with the UVCRC Board President. The decision of the City Manager shall be final. 9.2 Other Issues. Should other disputes arise between the parties for which a dispute resolution mechanism or remedy is not otherwise specifically set forth in this Agreement, and the parties are unable to resolve such matters between themselves by negotiation after the complaining party has provided the other party written notice of the complaint and a reasonable opportunity to cure the problem, then such disputes shall be resolved in the courts of the County of Mendocino County in accordance with applicable law and procedure, including any claims procedures that may be required by law with respect to a general law city. 9.3 Termination Option. If either party seeks judicial redress of a dispute as set forth in section 9.2, that action shall give either party the opportunity to terminate this Agreement by providing the other party six months advance written notice of such desire to terminate. The action to terminate this Agreement described in this section is not intended nor shall it adversely affect the process set forth in section 9.2. 10 Indemnification. 10.1 The City agrees to indemnify, defend and hold harmless UVCRC, its agents, officer and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with City's operations or its services under this Agreement, including any Worker's S:\Administration\Agendas & Asrs\Aug 27 Study SessionWttachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 8 Compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the City by any person pursuant to this Agreement. City's duty to indemnify UVCRC shall survive the expiration or other termination of this Agreement. 10.2 The UVCRC agrees to indemnify, defend and hold harmless City, its agents, officer and employees, from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with UVCRC's operations or its services under this Agreement, including any Worker's Compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the UVCRC by any person pursuant to this Agreement. UVCRC's duty to indemnify City shall survive the expiration or other termination of this Agreement. 11. Insurance. 11.1 General Requirements. Without limiting UVCRC's indemnification of City or limiting City's indemnification of UVCRC, UVCRC and City shall each provide and maintain at its own expense throughout the term of this Agreement the hereinafter listed programs of insurance covering its operations hereunder. Such insurance provided by UVCRC and by City shall be provided by insurers satisfactory to City's Risk Manager and satisfactory to the UVCRC's Executive Director, respectively, and a certificate or other evidence of coverage and certified copies of additional insured endorsements satisfactory to City and UVCRC, respectively, shall be delivered to the City's Risk Manager and to the UVCRC's Executive Director, respectively, before the effective date of this agreement. It is recognized that City currently provides general liability, workers' compensation, and auto liability insurance coverage through a combination of self insurance, pooled coverage, and purchased excess insurance coverage. Such evidence of coverage shall specifically identify this Agreement and shall contain the express condition that City or UVCRC, as applicable, is to be given at least thirty (30) days advance written notice of any modification or termination of any program of insurance. All such insurance provided by UVCRC shall be primary to and not contributing with any other insurance maintained by City. With the exception of workers' compensation insurance, all such insurance provided by UVCRC and by City shall name "City of Ukiah, its elected officials, officers, employees, agents and representatives" and "Ukiah Valley Cultural and Recreation Center, its officers, employees, agents, and representatives," respectively, as additional insureds. At all times during the term of this Agreement, UVCRC and City shall provide and maintain the following forms and amounts of insurance: S:\Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 9 a. Liability. Comprehensive General Liability Insurance written on a commercial general liability form or on a comprehensive general liability form covering the hazards of premises-operations, products/completed operations, independent contractors, advertising, contractual, broad form of property damage, and personal injury with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence and an aggregate limit of not less than Four Million Dollars ($4,000,000). b. Workers' Compensation. Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability. C. Comprehensive Automobile Liability. Endorsed for all owned, non- owned, and hired vehicles with a combined single limit of not less than Two Million Dollars ($2,000,000) per accident. d. Failure to Comply. Failure on the part of UVCRC or City to procure or maintain required insurance shall constitute a material breach of contract upon which City or UVCRC, respectively, may immediately terminate this Agreement. Notwithstanding this requirement, in the event that UVCRC or City fails to procure or keep in effect at all times the insurance coverage required herein, City or UVCRC, respectively, may in its discretion procure said insurance on behalf of UVCRC or City, respectively, and charge UVCRC or City, respectively, the full cost of the insurance and administrative costs. 11.2 The parties agree and will ensure that all ARC staff are trained in all safety related matters as required by law or appropriate for the services provided at the ARC. This includes criminal history checks as part of pre- employment screening. 12. Notices. Any notice, consent, authorization or other communication to be given shall be in writing and deemed duly given and received when (a) delivered personally, (b) transmitted by facsimile, (c) one business day after being deposited for next-day delivery with a nationally recognized overnight delivery service, or (d) three business days after being mailed by first class mail, charges and postage prepaid, and in all cases properly addressed to the party to receive such notice at the last address furnished for such purpose by the party to whom notice is directed. In the case of notices to be given to the City, notice shall be addressed as follows: S:\Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 10 City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Phone: 707-463-6200 Fax: 707-463-6740 With a copy to: City Clerk City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Phone: 707-463-6200 Fax: 707-463-6740 In the case of notices to be given to the UVCRC, notice shall be addressed as follows: Board President Ukiah Valley Cultural and Recreation Center P.O. Box 561 Ukiah, CA 95482 Phone: 707- 462-8562 Fax: Either party may change its address or other contact information by giving notice in writing to the other party as specified in this section. 13. Amendments. This Agreement shall only be amended by a writing signed by both parties after approval by the City Council and UVCRC Board of Directors. 14. Appropriations. The payment of any obligations of the City described in this Agreement is subject to the annual appropriation of funds for said payments by the City Council. This provision does not affect any obligation of the City for payment of funds attributable to a fiscal year for which an annual budget has been approved. 15. Miscellaneous Provisions. 15.1 Good Faith and Cooperation. The City and UVCRC agree that it is in their mutual best interest and in the best interest of the public that the ARC be operated and managed as herein agreed and, to that end, the parties shall in all instances cooperate and act in good faith in compliance with all of S:Wdministration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 11 the terms, covenants, and conditions of this Agreement and shall deal fairly with each other. 15.2 Severability. If any provision of this Agreement, or the application of such provision to any party or circumstance, shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to such party or circumstance other than those to which it is held to be invalid or unenforceable, shall not be affected thereby. 15.3 Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the State of California, without regard to that state's conflict of laws principles. 15.4 Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes all prior to contemporaneous written or oral negotiations, correspondence, understandings and agreements between the parties regarding the subject matter hereof. 15.5 Parties in Interest. Nothing in this Agreement shall confer any rights or remedies under or by reason of this Agreement on any party other than the UVCRC and the City nor shall anything in this Agreement relieve or discharge the obligation or liability of any third party to any party to this Agreement nor shall any provision give any third party any right of subrogation or action over or against any party to this Agreement. 15.6 Waiver. Failure of either party to complain of any action, non-action or default of the other party shall not constitute a waiver of such party's rights hereunder with respect to such action, non-action or default. Waiver by the UVCRC or City of any right or any default hereunder shall not constitute a waiver of any subsequent default of the same obligation or for any other default, past, present or future. No payment by a party, or acceptance by the other party, of a lesser amount than shall be due from one party to the other shall be treated otherwise than as a payment on account. The acceptance by a party of a check for a lesser amount, with an endorsement or statement thereon, or upon any letter accompanying such check, that such lesser amount is payment in full, shall be given no effect, and a party may accept such check without prejudice to any rights or remedies which it may have against the other party. 15.7 Construction. This Agreement has been negotiated by the parties and their respective legal counsel and will be fairly interpreted in accordance with its terms and without strict construction in favor of or against any party. 15.8 No Assignment. This Agreement, nor any part of it nor any right or obligation arising from it shall be assigned without the express written consent of the parties. S:1Administration\Agendas & Asrs\Aug 27 Study Session\Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 12 15.9 Independent Contractor Status. The parties shall at all times be acting as independent contractors. This Agreement is not intended, and shall not be construed to create the relationship of agent, servant, employee, partner, joint venture or association as between the parties. The parties understand and agree that any of their personnel furnishing services to the ARC under this Agreement are employees solely of the party which hired such personnel for purposes of workers' compensation liability and for purposes of receiving all other types of employee benefits. The parties shall bear the sole responsibility and liability for furnishing workers' compensation benefits to any personnel hired by them for injuries arising from or connected with services performed under this Agreement, and shall bear the sole responsibility and liability for furnishing all other employee benefits to any personnel hired by them. IN WITNESS WHEREOF, the UVCRC and the City have executed this Agreement as of the day and year first above written. UVCRC Approved as to form: By: - Name: Title: City of Ukiah David Rapport By: City Attorney Name: Jane Chambers Title: City Manager S:Wdministration\Agendas & Asrs\Aug 27 Study Session~Attachment 3 City Of Ukiah - UVCRC ARC Operating Agreement.Doc 13 October 1, 2008 UUSD Board of Trustees 925 N. State Street Ukiah, CA 95482 Re: Alex Rorabaugh Center Gymnasium Dear UUSD Board of Trustees, I am writing to inform you that the Ukiah City Council has directed staff to explore a partnership with your agency, the County, and Mendocino College by pooling some of our redevelopment funds to complete construction of the Alex Rorabaugh Gymnasium, Cultural and Recreation Center (ARC). While the facility is located on Ukiah Unified School District property at the Grace Hudson Elementary campus, the ARC has not been fully utilized by the District because the gymnasium portion of the facility has not been completed. The City supports completion of the project because it will provide positive opportunities for youth in a neighborhood that is home to 75% of the gang caseload in Ukiah. (County Sheriff records show that 15% of the calls for service in the central patrol area-which encompasses 600 square miles-originate within one mile of the ARC site. The Ukiah Police Department is routinely the responding agency to calls in this area.) The expectation with the completion of the ARC is that we will eventually see a reduction in crime and a boost in academic achievement in this neighborhood. The opportunity to secure capital funding to finish the facility is limited given that fundraising to date has exhausted private philanthropists and all known grant opportunities. Redevelopment has been identified as a possible source of funding that could be utilized by each of the identified agencies. The estimated cost of completion and debit retirement for the project is $1,491,527. The City is seeking participation from at least two other agencies which would require a contribution of $497,175 from each. As partnerships form, the level of contribution may decrease with the addition of partners and possible private donations. We hope that your agency will consider the partnership and approve the use of redevelopment funds so that we might bring this vision to fruition for the mutual benefit of the entire Ukiah Valley. Attached is a draft resolution for your consideration. Please note that the resolution contains contingency language to ensure that there is a minimum of three partnering agencies and the full amount of funds needed to complete the project are secured. We appreciate your cooperation and will be pleased to provide any additional information required. Sincerely, ane Chambers, City Manager City of Ukiah 300 SEMINARY AVENUE, UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityoful(iah.com DRAFT UICLAH UNIFIED SCHOOL DISTRICT DRAFT Resolution #X, 2008-2009 Redevelopment Funding for the Completion of the Alex Rorabaugh Center at Grace Hudson Elementary School WHEREAS, the Alex Rorabaugh Center (ARC) represents a collaboration between the City of Ulciah, the County of Mendocino, Ukiah Unified School District, the Ukiah Valley Cultural and Recreational Center, and other conununity-based organizations, and WHEREAS, the ARC is located on Ukiah Unified School District property on the Grace Hudson Elementary School campus, and WHEREAS, the ARC will facilitate critical services to city residents, as well as participants in City and Ukiah Unified School District recreation, sports, and education programs, and WHEREAS, the completion of the project will eliminate blighted conditions and influences within the Ukiah Redevelopment Project Area. WHEREAS, no other source of funding exists for this project, and NOW, THERE FORE, BE IT RESOLVED that the Board of Trustees of the Ukiah Unified School District requests the Ukiah Redevelopment Agency, c/o Sage Sangiacomo, City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482, designate use of up to $497,175 of school capital funds for the completion the ARC contingent upon the Ukiah Valley Cultural and Recreational Center and Ukiah Redevelopment Agency demonstrating secure corrunitments for the total amount of funding needed to complete the facility, and BE IT ALSO RESOLVED that the Board of Trustees of the school district directs the superintendent to submit all required application/infonnation documents to the Ukiah Redevelopment Agency and execute all legal documents to complete the project. ADOPTED by the Governing Board of the Ukiah Unified School District on October 14, 2008, by the following vote: AYES: NOES: ABSENT: ATTEST: , President Board of Education Attachment #3 1Valle, Cultural Recreational Center P.O.B. 561, Ukiah, CA 95482 (707) 462-8562, fax (707) 468-9015 PON 94-3273691 11/25/08 Proposal to use Redevelopment Funds for the Completion of the Alex Rorabaugh Center Since December of 2007, staff from the Ukiah Valley Cultural & Recreational Center (UVCRC), the City of Ukiah, the Ukiah Unified School District and the County of Mendocino have been meeting to discuss and develop a strategy for the completion of the Alex Rorabaugh Center (ARC). Recently, Mendocino College has been included in the discussions. The main objective of these discussions has been to get the ARC gymnasium completed and operational so that the ARC can provide the maximum benefit to the community and entities involved. During these discussions numerous funding options were explored. It appears that the least complicated and most readily obtainable funding option is to use Redevelopment Agency (RDA) funds that are available to each entity. The UVCRC is requesting that each agency provide a level of funding in the amount of up to $500,000. That amount is based on a total project completion cost of $1,500,000. Details The UVCRC commissioned an engineer's estimate in late spring of 2008. That cost estimate, along with other capital items and funding needs that were deemed to be essential to stable operation of the facility were analyzed and listed. This list has served as the basis for the further discussion of what funding is needed from each agency. The project list is included with this report. The key elements of the proposal are: ® Gymnasium interior completion. ® Soft costs for construction such as architect, inspection, and project management. ® Installation of south and west walkway awnings. ® A 10% contingency toward unforeseen expenses during the construction completion. ® Payment of UVCRC's construction loan to the Northern California Community Loan Fund. ® Payment of an amount due, approximatley to the Ukiah Unified School District for site work done by the District prior to the construction of the ARC. ® The UVCRC will be act as the project manager for the gym construction project and the installation of the walkway awnings as it has done in previous phases of construction. ® UVCRC will work with the project architect and Ukiah Unified as was previously done for the bidding and award of contract process. ® UVCRC will act as the construction project manager, securing inspection services and fulfilling all regulatory requirements of this project as per previous contract. ® The city of Ukiah will act as the fiscal agent for distribution of the finds, paying bills for authorized activities relating to the construction. Facility Management For the past several months, City of Ukiah staff and the UVCRC have been in discussion about the future management and operation of the ARC. In the simplest terms, the City Parks & Recreation Department would staff the facility as well as utilize the ARC for numerous City recreation programs. The City of Ukiah would not be taking ownership of the facility; it would be the day to day manager. The City and the UVCRC would work in coordination on budgeting and meeting the mission of the UVCRC. Ukiah Valley Cultural cry' Recreational Center Board of Directors Marvin Trotter -President, Denise Gorny - Vice President, Allyne Brown - Secretary, Danny Rosales - Treasurer, Tom Hise, Tim Thornhill, Tom Mason, John McCowen, Heath Dolan, Donald McMullen The UVCRC would maintain its current agreements with the School District and its other funders. The UVCRC would continue to raise significant funds for the sustainability of the ARC. The UVCRC Board of Directors views this relationship with the City as one that: ® Assures the maximum utilization of the ARC by the community. ® Will establish financial sustainability for the facility. ® Will provide to the agencies investing RDA funds the confidence that an experienced management organization is in place. ® Give the contributing public and grantors confidence in the highest community use of the ARC. Ongoing UVCRC Efforts Over the past 11 years, the UVCRC has been successful in securing and raising approximately $6,000,000 from 800 donors. $1,800,000 of that has been from local foundations, businesses and individuals. UVCRC has also successfully overseen the construction and opening of the ARC. The UVCRC Board members view the successful implementation of RDA funding for the ARC completion not as an end to its role as the builders and promoters of the Alex Rorabaugh Center but as a significant large step accomplishing the UVCRC's mission. Many steps will follow that the UVCRC will take responsibility for. The same can be said about the contributing public. There has been significant public interest in this funding proposal with potential donors poised to make significant further contributions to the ARC for continued improvement projects, community scholarships and an endowment. We view the proposed multi-agency participation as leverage in the community for further financial support. Many ARC supporters do as well. Even with agency participation in the completion of the gym, the UVCRC Board members understand that their responsibility and obligation to participating agencies, our community and our other funders is to continue to work toward the long term viability of the facility. The following will continue to that end: ® As part of its business planning and prior to securing funding from NCCLF, the UVCRC has established a sinking fund for capital repairs and improvements. It has funded that reserve annually with the formula required by its management plan. ® The UVCRC Board of Directors has developed a set of ongoing fund raising goals and continues to raise money for facility improvements. ® The UVCRC is establishing an endowment fund that will offset or cover costs of the basic operations of the ARC such as utilities and daily maintenance. ® The UVCRC Board of Directors will continue to fund raise, seek grants and support the Alex Rorabaugh Center. The Ukiah Valley Cultural & Recreational Center Board of Directors believes that our community and each agency will enjoy substantial benefits from participating in the funding of this last phase of construction to complete the Alex Rorabaugh Center. In closing, the UVCRC Hoard of Directors acknowledges and thanks the City of Ukiah, the Ukiah Unified School District, and the County of Mendocino for the significant support and contributions to the completion of the ARC that they have previously provided. The UVCRC looks forward to ongoing positive work with the School District, the City and the County in completing this important community asset. Richard Shoemaker Executive Director, UVCRC 11a December 3, 2008 SUBJECT: APPOINTMENT OF NEW MAYOR AND VICE MAYOR; AND DISCUSSION AND POSSIBLE ACTION REGARDING THE PROCESS OF APPOINTMENT OF A NEW COUNCILMEMBER Background: Mayor and Vice Mayor Appointment. The City Council in December 2006 established a process for appointment of the Mayor and Vice Mayor that would evolve to a seniority-based rotation. The installation of the Mayor and Vice Mayor has typically taken place at the first regular December meeting each year. Councilmember Baldwin was appointed in December 2007 as the Vice Mayor with the intent that he would become Mayor in December 2008. City Councilmember McCowen has been officially elected to the Mendocino County Board of Supervisors or he would have had the seniority position for Vice Mayor. Following Councilmember McCowen is Council- member Thomas having the next seniority position for Vice Mayor. The new Mayor and Vice Mayor would take effect at the second regular December meeting. The recommended action is for the City Council to nominate and determine the Mayor and Vice Mayor for the next year. Councilmember Vacancy. City Councilmember McCowen has successfully run as a candidate for the office of Mendocino County Supervisor, which results are official 11/24/08, and will take effect in early January 2009. As a result, the City Council will need to determine 1) whether or not to hold a special election to fill the vacancy, or 2) nominate and appoint a replacement to the vacated seat for the balance of the City Council term (2 years), and/or determine a process for that appointment. In the past Councilmembers have been appointed for unexpired Council terms by means of the votes received in a Council election process, or by means of nomination. The Council may choose to 1) nominate candidates from existing boards and commissions, or citizens at large that reside in the City Limits, and that are registered voters, without a formal application process. 2) they may opt to advertise the opening, accept applications for the open seat, and choose to review the Continued on Paae 2 Recommended Action(s): 1. Nominate and establish the positions of Mayor and Vice Mayor for 2009. 2) Determine a process and/or nominate a replacement Councilmember to fill the vacant seat Alternative Council Option(s): Call a special election to elect a City Councilmember to fill the vacancy. Citizens advised: Requested by: Prepared by: Linda Brown, City Clerk Coordinated with: Jane Chambers, City Manager Attachments: Approved: .Jane Chambers, City Manager Subject: Appointment of MayorNice Mayor and Possible Councilmember Meeting Date: December 3, 2008 Page 2 of 2 applications only before the nomination process, or hold interviews of the applicants, or hear from the applicants prior to the nomination process. Once the steps are decided, the Council may consider making nominations and then appoint the replacement for the open seat for the remaining term of two years. Another Council alternative is to call for a special election. County Clerk Susan Ranochak has advised that there currently are no special elections scheduled. Therefore a City Council election to replace the vacant seat would be a stand-alone election, and the City would incur the full cost of running an election, which she estimates would be at least $25,000. Fiscal Impact: Budgeted FY 08/09 New Appropriation Not Applicable Budget Amendment Required 1-1 1-1 1XI F V 11b December 3, 2008 SUBJECT: REQUEST FOR CONSENT FROM SOLID WASTE SYSTEMS, INC. AND NORTH BAY CORPORATION TO ACCEPT SOLID WASTE FROM OUTSIDE THE SERVICE AREA Background: Pursuant to Article III, Section 3.01, of the Agreement (Attachment 1) between the City of Ukiah and Solid Waste Systems, Inc. and North Bay Corporation, there is a request from Solid Waste Systems for the City's consent to accept solid waste from outside the Service Area. There has been a recent collapse in the demand and payment for recyclable materials. The current global economic downturn has resulted in significantly diminished markets for recyclables. The loss of recycling revenue could negatively impact Ukiah residents and businesses who subscribe to solid waste collection service, as well as those who directly use the Transfer Station, when Service Fees are reset. Per the California Integrated Waste Management Board (CIWMB) Memo (Attachment 2), the recycled materials are going through a "shakeup" and the State Agency is working to keep California's Environment protected. CIWMB is pledging to work with California cities and counties, as well as the many recyclers, brokers and processors who are trying to cope with the rapid decline in commodity process for recycled paper, metals and plastic goods. Discussion: Accepting loads of recycle-rich waste from outside the Service Area presents an opportunity to help replace some of the loss of revenue from recyclables. The City's consent to the request will not present any issues related to facility permitting or daily operations. Traffic increases will be minimal and it is not expected that there will be a widespread use of this allowance given the location and the travel distances from outside areas. The Transfer Station currently operates at less than 50 percent permitted capacity, and waste from outside the Service Area will only minimally increase current tonnage levels. There are no issues relating to AB939 compliance, as all residuals transported from the facility will be assigned back to the jurisdiction origin. Fiscal Impact: H Budgeted FY 08109 F-1 New Appropriation F-xl Not Applicable Budget Amendment Required Recommended Action(s): Authorize the request from Solid Waste Systems for the City's consent to accept solid waste from outside the Service Area and Direct the Director of Public Works to: 1. Write a letter transmitting this authorization. 2. Monitor the program and inform the City Council on a periodic basis with tonnage of materials received from out of the service area, the baseline diversions rate prior to this program and the diversion rate trend since the inception of the program. Alternative Council Option(s): Citizens advised: Requested by: Prepared by: Tim Eriksen, Director of Public Works / City Engineer Coordinated with: Jane Chambers, City Manager Attachments: 1. Agreement Between City of Ukiah and Solid Waste Systems, Inc. and North Bay Corporation 2. California Integrated Waste Management Board Memo Approved: J Chambers, City Manager ,uiE li idt 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 inspect 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:\U\Agrmts01\TrantcrStn.AMT11-7.wpd 28 November 8, 2001 those records shall be available upon request to any such jurisdictions or their agents. 3.02. Competing 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:\U\AgrmtsU S \Tranl'crSt n. A M7't 1.7. wpd 29 NmcmbLr S. 2001 Recycled Materials Going-Through Shakeup: State Agency Working.., http://www.ciwmb.ca.gov/Pressroom/20OS/November/48.hrm For Immediate Release November 14, 2008 Recycled Materials Going Through 2008-Release 48 Shakeup: State Agency Werldng To Keep California's Environment Pretested ATTACHMENT- For more information contact: Jon Myers (916) 341-6300 E-mail the Public ifair- SACRAMENTO--The California Integrated Waste Management Board (CIWMB) is pledging to work with California cities and counties, as well as the many recyclers, brokers, and processors who are trying to cope with the rapid decline in commodity prices for recycled paper, metals and plastic goods. CIWMB staff are monitoring market trends and prices and examining regulatory and non-regulatory options to keep these materials from being disposed. The CIWMB will hold a special public meeting in Sacramento in early December to explore measures it can enact to ease the current situation. The Board will hear from brokers and others about possible short-term and long-term solutions. "We're aware of the potential dilemma facing our state's recycling infrastructure," said Board Chair Margo Reid Brown. "We cannot undo`the incredible progress our local cities and counties have done to reduce our waste in landfills. By working together, I'm confident we can develop short-term measures that will get us through these challenging times, while ensuring we remain true to our overall environmental goals." Keeping waste paper and cardboard out of California landfills is one of the strategies being used to combat global warming. Paper products and other organic materials decompose in landfills and generate methane, which scientists say is 23 times more potent than carbon dioxide as a greenhouse gas. California's environment may face a potential set-back as the depressed global economy and an excess in global inventory have reduced prices being paid for recycled newspapers, old corrugated cardboard and plastics around the world. Prices being paid to recyclers have, in some instances, fallen more than 50 percent in one month. An aggressive recycling program is why California leads the nation in diverting more than half of its solid waste away from landfills. The state converts an estimated 52 million tons of solid waste each year into new, higher-value products that add billions of dollars to California's economy. Local jurisdictions are scrambling to find additional storage space to accommodate the steady flow of old newspapers and cardboard being set aside for recycling by California residents, businesses and industry. "We must consider the health and safety of California as we look for short-term relief in the current situation and for long-term solutions such as locating new manufacturing and energy-producing facilities in California," Brown added. The current drop-off in recycled paper exports could help encourage the development of additional local and regional markets for converting these recycled materials into new products or as a source of energy and fuel. China is the primary export market for U.S. recycled paper products but has seen a global slowdown in demand for Chinese-made products using recycled materials imported from the United States. The California Integrated Waste Management Board is the state's leading authority on recycling and waste reduction. It promotes reducing waste whenever possible, managing all materials to their highest and best use and protecting public health and safety and the environment. The California Integrated Waste Management Board is one of six boards, departments, and offices within the California Environmental Protection Agency (Cal/EPA). Zero Waste California Visit us at www.ciwmb.ca.gov to learn more about reducing waste. Press Room ca cov/Pressrocml 11/20/2008 1:33 PNI I fir-' TimbeMove Recycling, Mc. PO Box 1916 Santa Rasa, CA 95402-1916 p 767-585-5222 f 707-586-5543 November 5, 2008 LAKE COUNTY WASTE BRUCE P 0 BOX 308 LA ORT, CA 95453 To our valued custorners: Due to the global economic downturn, demand for recycled materials has disappeared. As a result, North Bay Corporation and Redwood Empire Disposal will be forced to begin warehousing recycled materials until the market recovers. If you have space available on your site to temporarily stare some of your material during this period, it would be appreciated. Our intention is to continue providing you, our customers, with the same services that we have been pleased to provide in the past. Unfortunately, payment for collected materials will have to be postponed until the market recovers and we are able to sell these materials into the manufacturing sector. Questions can be addressed to: Jerry Roy Jr........ (707) 585-5222 Jerry Wimmer..... (707) 586-8249 We apologize for this temporary interruption in payment for your recyclables and took forward serving you in the future. Sincerely, North Bay Corporation Redwood Empire Disposal 11c December 3, 2008 SUBJECT: AWARD BID FOR ROOF REPLACEMENT ON OLD LUMBER MILL OFFICE (AIRPORT PROPERTY) IN THE AMOUNT OF $9,499.50 TO HLR ROOFING Background: The old lumber mill office roof (located on the corner of Hastings Ave. and Commerce Dr. north of the Corporation Yard) is in need of repair to make this building leasable. The former Airport Manager had embarked upon making repairs to the site in order to rent the facility. Interior repairs to flooring and other items have already been made, and the building has been inspected by the City of Ukiah Building Inspector, and found to be in leasable condition, if the roof is repaired. The new Airport Manager has followed through with bidding out the roof repair, which has been discussed and approved, by the Airport Commission. The Commission has expressed a strong interest in having the site used for airport related business, in keeping with the Airport land use plan. The current low bid to replace the roof is $9,499.50. This amount is available within the airport building maintenance budget. The lease rate for this building would be $964.16 per month, and additional ground rent could also be available due to the large amount of leasable ground around this building. Discussion: The site upon which the building sits is vacant, but represents a very desirable location for future development of airport property, as recognized by the Airport Commission and staff working with this property. A short term lease of 24 months or less, would pay for the roof repair and provide some income off of this property for the Airport while planning for long term development and use of the property takes place. The property has potential to be linked with a runway along with a number of other gateway or business development concepts in close proximity to the Redwood Business Park, hotels and restaurant (s) in the immediate area. In receiving this report, the City Manager noted that an alternative to spending the funds to roof the building would be a decision to have the building demolished, and to proceed with planning for alternate use of the site. This course of action had not been proposed by the former staff, nor discussed, to new staff's Recommended Action(s): 1. Award bid to HLR Roofing in an amount of $9,499.50 for the roof replacement on the Old Lumber Mill Office located on the corner of Hastings Avenue and Commerce Drive, north of the City's Corporation Yard. Alternative Council Option(s): 1. Reject re-roofing project at this time and refer item back to Airport Commission to discuss demolition and other alternatives for use of site. This alternative will result in water damage to the building this winter. Citizens advised: Airport Commission Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager Attachments: 1 - Bid Results for roof replacement Approved: J Chambers, City Manager Subject: Meeting Date: Page 2 of 2 knowledge, with either the Airport Commission or the City Council. It represents a viable alternative to spending the funds on roofing the property, should the Council wish to consider that alternative. It is recommended that long term planning for the economic development and use of this important site continue with the engagement of the Airport Commissioners, airport staff, economic development and redevelopment staff, regardless of the leasing and/or repair of the property. Fiscal Impact: Budgeted FY 08/09 D New Appropriation F F Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $48,500 Airport Fund - Bldg Maint 600.5001.305.000 A ACHME Roof Replacement, Old Lumber Yard Office n.-- r'ik, of I Hel.h Bid Opening: 10/02/08 HLR ROOFING Redwood Empire Roofing 355 KUNZLER RANCH ROAD PO Box 1639 UKIAH, CA 95482 Ukiah, CA 95482 US US Bidder Status: Valid Bidder Status: Valid Base Bid item R Item Description QTY UOM Unit Price Item Total Unit Price Item Total MATERIALS, FEES, INCLUDING TAX (7.75%) AND FREIGHT FOR ROOF REPLACEMENT ON THE OLD LUMBER YARD OFFICE AS DESCRIBED IN CITY I OF UKIAH SPECIFICATION DATED SEPTEMBER 17, 2008. 1 LS $9,498.00 $9,498.00 $14,950.001 1 $14,950.00 Bid S9,498.00 S14.950.00 Additive Bid Item item rc 1 1 item Description QTY UOM Unit Price Item Total Unit Price Item Total LABOR ONLY THAT WILL BE CHARGED FOR WORK FOR REPLACING DRY ROT, AS PER CITY OF UKIAH SPECIFICATIONS DATED SEPTEMBER 1 17, 2008. 1 SF $1.50 $1.50 $3.00 $3.00 Bid 1 1 1 $1.50 $3.00 Total Bid Amount S9,499.50 $14,953.00 Listed Subs 11d December 3, 2008 SUBJECT: DISCUSSION OF POTENTIAL TREE ORDINANCE AND OTHER PENDING ORDINANCE REQUESTS Background: At it's meeting of November 19, 2008, the City Council received a request during public comment to consider establishment of a tree ordinance. Council later directed city staff to place an item on the December 3, 2008 agenda for such consideration. In light of the fact that there are about seven ordinance requests pending, all of which would need staff involvement beyond that of the City Attorney, and would likely include a community interaction component, the City Manager has asked the Planning Director to prepare an ASR for Council's consideration at the December 17, 2008 meeting. This ASR will outline the estimated staff time, costs, and estimated completion time associated with these pending ordinance requests. The City Council can then evaluate these requests and prioritize development of these ordinances (if deemed appropriate) with existing projects. The pending ordinance requests are: 1) A lighting ordinance to regulate residential and commercial lights. Requested by Susan Knopf and Pinky Kushner 2) An ordinance modifying language in the code related to animals. Requested by Jan Allegretti. 3) A shopping cart ordinance to regulate businesses that provide shopping carts to its customers - establish a penalty and fine for allowing their carts to be taken off the premises. Requested by Police and Code Enforcement. 4) An historical preservation ordinance. Discussed and requested by Judy Pruden and others. 5) An ordinance regulating fuel sales at the airport. Discussed and requested by Airport Manager Greg Owen. Continued on Page 2 Recommended Action(s): Bring back for further discussion at the December 17 Regular meeting. Alternative Council Option(s): n/a Citizens advised: Requested by: City Council Prepared by: Jane Chambers Coordinated with: Attachments: Approved: Jane Chambers, City Manager Subject: Pending Ordinance Requests Meeting Date: December 3, 2008 Page 2 of 2 6) An ordinance establishing more code enforcement "teeth." Discussed by the Code Compliance Subcommittee. 7) Tree ordinance. Requested by Linda Sanders and The Friends of Gibson Creek. Fiscal Impact: Budgeted FY 08/09 New Appropriation 51 Not Applicable Budget Amendment Required 7 7