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HomeMy WebLinkAbout2009-05-06 PacketCITY OF COUNCILCITY D Regularr CIVIC CENTER COUNCIL CHAMBER 11 Seminary Avenue Ukiah, CA 95482 May 6, if• 11 • HININK09144rel-l"M 3. PROCLA ATIO S/INTRODUCTIONS/PRESENTATIONSr a. Proclamation Food Drive Day b. Announcement of City of Ukiah's Airport Day June 20, 2009 5. APPROVAL OF MINUTES a. Regular Minutes of April 15, 2009 b. Special Minutes of April 20, 2009 C. Special Minutes of April 29, 2009 d. Special Joint City Council/Board of Supervisors Meeting Minutes of April 21, 2009 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. Notification of Purchase of Training Services from Gordon Graham Research Consultants in the Amount of $7,150.00. b. Adoption of Resolution Approving Addendum to Police Unit Memorandum of Understanding for Wireless Communication Stipend as Reimbursement for Business Use of Personally Owned Wireless Devices C. City Council Adopt the Resolution Authorizing NCPA to Participate in the CAISO Congestion Revenue Rights (CRR) Auction, on Behalf of the City, to Unwind Allocated CRR Positions in Order to Reduce Risk Associated with Non-NCPA Sourced CRRs and NCPA Sourced CRRs with Expected Negative Congestion. d. Inform the City Council of Work to be Performed by Daniel Steel & Machine in the Amount of $9,931.15 for Repair of the Crane Monorail Damaged by Olin -Pioneer 8. AUDIENCE COMMENTS OO -AGE DA 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 ) a. Review of Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Grant Application b. Introduction of Ordinance of the City Council of the City of Ukiah Adding Chapter 8 to Division 4 of the Ukiah City Code, Entitled: Storm Water Discharge C. Introduction of Ordinance of the City Council of the City of Ukiah Chapter 7 to Division 9 of the Ukiah City Code, Entitled: Erosion and Sediment Control 10. UNFINISHED BUST ESS a. Further Consideration and Possible Introduction of Ordinance Regulating How Multi -Unit Properties and Apartment Buildings and Complexes Charge Tenants for Water and Sewer Service to a Master Meter Serving Those Facilities. b. Discussion and Approval of the City View Trail Project C. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well And Approval of a Budget Amendment to Complete Remaining Water Well Work Items d. Local Emergency Declaration Regarding Drought Status e. City Manager will Provide City Council with Overview of Proposed City of Ukiah General Fund and Ukiah Redevelopment Agency Budgets, and Announce Posted Special Council Workshop of May 7, 2009 11. NEW BUSINESS a. Immediate Purchase and Installation of a High Efficiency Split System Heat Pump (HVAC Unit) by Intercounty Electric to Replace a Failed HVAC Unit at the Grace Hudson Museum b. Adopt Plans and Specifications 09-07 for the Manhole Rehabilitation & Sewer Pipe Relining and Call for Bids for Same C. Discussion of Developers Diversified Realty (DDR) Initiative Process and Site Specific Plan, and Provide Direction to Staff (oral report) 12. COUNCIL REPORTS 13. CITY MANAGERICITY 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 Organizations: Department Head Unit, Electric Unit, Fire Unit, Management Unit, Miscellaneous Unit, Police Unit b. Conference with Real Property Negotiators (Gov. Code § 54956.8) Property: Railroad Depot Property on Perkins Street Negotiating parties: City of Ukiah/North Coast Railroad Authority Under negotiations: Price and terms of payment 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 1st day of May, 2009. Linda C. Brown, City Clerk NALC NATIONAL FOOD DRIVE DAY N UKLAH MAY 9, 2009 WHEREAS, across America, in large cities and small towns, letter carriers travel their routes everyday throughout all communities; and WHEREAS, these men and women are keenly interested in the well-being of their friends and neighbors and uniquely aware of the hunger facing many families; and WHEREAS, these individuals and the U.S. Postal Service have embarked on an ambitious project to help feed the hungry through the annual National Association of Letter Carriers (NALC) Food Drive; and WHEREAS, postal customers simply leave food items in bags by their mail boxes on the Food Drive day and when the city letter carrier delivers mail that day the food is collected, taken back to a postal station, then delivered to the Ukiah Food Bank; and WHEREAS, what began as a pilot program in ten cities in 1991 has grown into the largest one -day food collection in our nation. NOW, THEREFORE, I, Phil Baldwin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Mari Rodin, Douglas F. Crane, Benj Thomas and Mary Anne Landis hereby proclaim May 9, 2009, as NALC National Food Drive Day in Ukiah and urge all citizens to take part by placing a food donation by your mail box on Saturday, May 9 so your letter carrier can pick it up and deliver it to the. Ukiah Food Bank. Signed and sealed, this 61h day of May, in the year Two Thousand and Nine. Philip E. Baldwin, Mayor VIr MEETING DAT C ity cJ,- Ukiah AGENDA SUMMARY REP - 0 R] KM May 6, 2009 Background: The Ukiah Airport has had a long history of having air shows and open houses in the past. The last one of these events was held in 2001. Discussion: This event is going to be a fly -in and an open house giving the residents of Ukiah a chance to come out and enjoy the Ukiah Airport. We have planned family activities from face painting to bounce houses, to name a few. This is not going to be an air show, but there will be some flight demonstrations from different aircraft. This event is going to be free to the public. Local non-profit groups will be selling food and drinks. Some of the display aircraft are being sponsored by local businesses. Fiscal Impact: Budgeted FY 08/09 F-1 New Appropriation F7x Not Applicable Budget Amendment Required - . �, �� - � . - . = . , � a1�C�7►�+1���Zei��a���i'L�7111':/I_\.iF��_\17Z�7;ii 7_\'hl�l�l�+Zi�► t � . Alternative Council Option(s): N/A Citizens advised: Airport Commission Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager Attachments: none Approved: r J Chambers, City Manager Flight Demo's begin around I 1:00am and will end around 4:00pnj =0 � Family activities Bounce Houses, Face Painting Contact Air Boss at 123.00 Fly -ins welcome For more information e-mail agiir[gogddgy,@Ocgftytogffuukkiiagh.c�om or call Greg @ 707-467-2855 CITY COUNCIL MINUTES Sa Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 15, 2009 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on April 15, 2009, the notice for which being legally noticed on April 10, 2009. Mayor Baldwin called the meeting to order at 6:03 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembers absent: none. Staff present: City Manager Chambers, City Attorney Rapport, Director of Community and General Services Sangiacomo, Community Services Supervisor Merz, Director of Public Works/City Engineer Eriksen, Deputy Director of Public Works Seanor, Director of Public Safety Dewey, and Deputy City Clerk Currie, 2. PLEDGE 3. A •: ALLEGIANCE a. Proclamation for Workers Memorial Day 6:03:54 PM Mayor Baldwin read and Terry Poplawski received the proclamation. b. Proclamation of Ukiah Poetry Month; and Introduction of New 2009-2011 Ukiah Poet Laureate, Theresa Whitehill 6:08:49 PM Councilmember Thomas read the proclamation. Sherrie Smith -Ferri received the proclamation and welcomed Theresa Whitehill the 2009-2011 Ukiah Poet C. Announcement of the City of Ukiah's Participation in the Environmental Protection Agency's Low Carbon IT Campaign IT Supervisor Butler presented the item. Recommended Action: Acknowledge the City of Ukiah's participation in the Environmental Protection Agency's Low Carbon IT Campaiqn, City Council acknowledged the City's participation. None. a. Special Joint UVSD/Council Minutes of March 26, 2009 6:18:35 PM M/S Landis/Crane to approve the Special Joint UVSD/Council Minutes of 3/26/2009 as submitted. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. CC 3/18/09 Pagel of 7. CONSENT CALENDAR M/S Rodin/Thomas to approve the Consent Calendar items 7a -7e, 7f as amended, and 7g -7h: a. Report of Disbursements for the Month of March 2009 b. Rejection of Claim for Damages Received from Waldron Vorhes and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund C. Notification of Purchase of Voice and Data Computer Lines and Installation Services from Telecom Services Company in the Amount of $5,333.32 d. Notification of Payment of Shipping and Installation Costs for New State Grant Funded Dispatch Furniture in the Amount of $7,895.03 e. Award Purchase of Liquid Polymer—Polyacrylamide Emulsion To Polydyne, Inc, at the Unit Price of 1.080 Per Pound for an Approximate Total Amount of $17,280 Plus Tax f. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well Amendment to line 5: insert formal in front of competitive bidding Amendment to line 8: insert formal in front of competitive solicitation g. Rejection of Claim for Damages Received from Ernest Jamarr Jones and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund h. Authorize City Manager to Negotiate and Execute Memorandum of Understanding Between County of Mendocino andCity of Ukiah Regarding Low Gap Park and the Development of Ukiah's First Skate Park 8. F Motion carried by the following roll call Crane, Rodin, and Mayor Baldwin, NOE! AUDIENCE COMMENTS ON NON -AGE John Graff, citizen, commented on a ne) Supervisors are looking at opening Cit} the City of Ukiah look into the lega confiscates as a revenue source for the vote: AYES: Councilmembers Landis, Thomas, None. ABSENT: None. ABSTAIN: None. ,t which reported the City of San Francisco ed marijuana dispensaries and suggested of selling them the marijuana the City Fees for the Ukiah Municipal Golf Course Director of Community and General Services Sangiacomo and Community Services Supervisor Merz presented the item. Recommended Action: Adopt a resolution adjusting fees for Ukiah Municipal Golf Course. Public Hearing Opened 6:28 pm Public Speaking to the item: None. Public Hearing Closed 6:28 pm M/S Crane/Thomas to approve the Recommended Action. Motion carried by the `following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 10. UNFINISHED BUSINESS a. Report Regarding Drought Conditions in the Ukiah Valley and Impacts upon City of Ukiah Residents and City of Ukiah Water Utility 6:30:37 PM City Manager Chambers presented the item; Director of Public Works/City Engineer Eriksen and Director of Community and General Services Sangiacomo CC 3/18/09 Page 2 of 5 were available to provide additional information. Recommended Action: City Council receive the report, discuss and direct staff with regard to additional measures for water conservation, further reduction in watering at City facilities and parks, action for pursuing irrigation well at the City Golf course, and direction for staff with regard to meeting use reduction requests by the Sonoma County Water Agency that may be forthcoming as a result of the April 6, 2009 SWRCB order. Public Comment Opened pm 7:20:00 PM Public Speaking to the item: John Graff, Citizen; 7:22:57 PM Richard Shoemaker, Russian River Flood Control District;and 7:30:59 PM Jimmy Stewart, Ukiah Municipal Golf Course. Public Comment Closed 7:48 pm M/S Crane/Rodin to direct City staff to proceed with developing an irrigation well or wells at the Ukiah Municipal Golf Course. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. By Consensus, City Council agreed with the recommended action and, in addition, directed staff to look at doing the public' service announcements similar to what was done last year and how the irrigation system at the golf course could be replaced. b. Adoption of Resolution Declaring a Local Emergency Under the State Emergency Services Act and a Stage I Water Shortage Emergency Under Section 3602 the Ukiah Citv Code City Attorney Rapport presented the item. Recommended Action: Adopt resolution declaring local emergency and water shortage emergency. M/S Rodin/Crane to approve the Recommended Action. Motion amended to include amendments to the resolution which will be done by City Attorney Councilmember Crane left the dais 8:32 pm Councilmember Crane returned to the dais 8:34 pm Public Comment Opened 8:34 pm 8:34:29 PM Public Speaking to the item: Richard Shoemaker, Russian River Flood Control Closed 8:47 pm Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. Recessed 8:55 pm Reconvened 9:02 pm C. Approval of the Overflow Emergency Response Plan (OERP) Element of the City's Sewer System Management Plan (SSMP) 9:02:06 PM CC 3/18/09 Page 3 of 5 i" Director of Public Works/City Engineer Eriksen and Matt Winkelman, Winzler & Kelly, presented the item. Recommended Action: Approve the Overflow Emergency Response Plan (OERP) element of the City's Sewer System Management Plan (SSMP). M/S Crane/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. -ABSTAIN: None. d. Discussion and Direction Regarding the Ukiah Railroad Depot Rehabilitation Project and Approve Budget Amendent9:09:06 PM Director of Public Works/City Engineer Eriksen 'presented the item; Deputy Director of Public Works Seanor and Director of Community and General Services Sangiacomo provided additional information as required. Recommended Action: Provide direction to staff on project. Public Comment Opened 9:28 pm Public Speaking to the item: John Graff, Citizen and 9:31:21 PM Joy Beeler, Ukiah Main Street Program. Public Comment Closed 9:34 pm 9:34:27 PM By Consensus, City Council approved the budget; amendment, directed staff to move forward with the bidding process, and directed the City Attorney to prepare an updated agreement with the North Coast RailroadAuthority (NCRA) as quickly as possible. NEW BUSINESS a. Consideration of Providing Dispatch Services for Fort Bragg 9:53:30 PM Director of Public Safety Dewey and City Manager Chambers presented the item. Recommended Action: Staff desires to discuss the concept of providing contractual dispatching services to Fort Bragg with the City Council, and obtain Council direction. By Consensus, City Council directed staff to continue to move forward. Award of Contract for ADA Curb Ramps Phase 5 & 6, Specification No. 09- 05 10:02:06 PM r of "'Public Works/City Engineer Eriksen presented the item. mended Action: Award contract for ADA Curb Ramps Phase 5 & 6 cation No. 09-05, to the lowest responsive, responsible bidder on bids submitted on April 14, 2009. Public Comment Opened 10:06 pm Public Speaking to the item: 10:06:30 PM John Graff. Public Comment Closed 10:07 pm CC 3/18/09 Page 4 of 5 M/S Crane/Rodin to approve the award of contract to the low bidder, Fieldstone Construction Company, and waive the irregularity -of not having a bid package. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS 10:08:05 PM Councilmember Landis requested three items be added to a future agenda: 1) a letter from City Council to NCRA regarding the trail project on the NWP line rights -of ways; 2) information from the All Cities Meeting regarding the possibility of asking the board of supervisors to appoint a representative'to represent Cities in Mendocino County to the North Coast Water Agency; and 3) information from the All Cities Meeting regarding Mendocino Council of Governments and the Air Quality Control Board compatibility in terms of goals they have regarding ,greenhouse gases. Councilmember Landis reported on the progress made by the Tree Advisory Group she has been facilitating; someone else will be facilitating that group in the future. 13. 10:10:51 PM Councilmember Thomas reported on his upcoming trip to Washington DC. 10:12:21 PM Mayor Baldwin reported on Inland invoice the City will be getting for its share of tF topic of a local bidding preference be added to need to do anything he will be submitting a letter. 10:13:46 PM City Manager Chamb on a trial basis; the Council will be s Recessed as City Council and 10:20:11 PM Reconvened as City Council and 14. CLOSED SESSION - Close a.'' Conference with Lab Agency Representati Employee Organizati Reconvened in Open Session wit 15. ADJOURNMENT d Power Commission and the Mayor Baldwin requested the 2009 agenda; staff does not timing devices have been ordered pment Agency at pm. to Closed Session at pm. 10:21:26 PM ssion may be held at any during the meeting e oq tiator (§54957.6) Jane Chambers, City Manager Electric Unit, Police Unit no reportable action at 10:22 pm. 10:22:51 PM There being, no further business, the meeting adjourned at 10:22 pm. JoAnne M. Currie, Deputy City Clerk CC 3/18/09 Page 5 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Civic Center Annex Conference #5 411 W. Clay Street Ukiah, CA 95482 April 20, 2009 5:00 P.M. -M 1. ROLL CALL Ukiah City Council met at a Special Meeting on April 20, 2009, the notice for which being legally noticed on April 16, 2009. Mayor Baldwin called the meeting to order at 5:03 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane (arriving 5:30), Rodin, and Mayor Baldwin. Councilmembers absent: none. Staff present: City Manager Chambers, City Attorney Rapport, Director of Planning and Community Development Stump, Director of Public Works/City Engineer Eriksen, Finance Director Elton, and Deputy City Clerk Currie. 2. ACTION ITEM a. Approval of Comment Letter from Council regarding NCRA Trail Project Guidelines for Design, Construction Safety, Operations and Maintenance. By Consensus, of the members present, City Council approved sending the letter. 3. WORK STUDY SESSION a. Review all Items to be discussed with the Mendocino County Board of Supervisors at the special meeting to be held on April 21, including: • Ukiah Valley Area Transportation Impact Fee/Nexus Study • Tax Sharing Agreement Between the City of Ukiah and the County of Mendocino • Proposed Court Facility by the Administrative Office of the Courts (AOC) 9 None. ssion 5. ADJOURNMENT There being no further business, the meeting adjourned at 7:10 pm. JoAnne M. Currie, Deputy City Clerk CITY OF UKIAH 5c CITY COUNCIL MINUTES Special Meeting Civic Center Annex, Conference 95 411 W. Clay Street Ukiah, CA 95482 April 29, 2009 5:00 P.M. WORK STUDY SESSION - 1. ROLL CALL Ukiah City Council met at a Special Meeting on April 29, 2009, the notice for which being legally noticed on April 24, 2009. Mayor Baldwin called the meeting to order at 5:10 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin, and Mayor Baldwin. Councilmembers absent: Thomas. Staff present: City Manager Chambers, Director of Public Safety Dewey, Director of Planning and Community Development Stump, Director of Public Works/City Engineer Eriksen, Director of Electric Utilities Grandi, Director of Human Resources Harris, Director of Community and General Services Sangiacomo, Director of Finance Elton, and Finance Controller Newell. Consultant Present: Sue Haun, Haun & Associates. 2. WORK STUDY SESSION a. STRATEGIC PLANNING STATUS & DISCUSSION Councilmember Crane and Councilmember Rodin: Review of Efforts to -date and Check-in with Council Councilmember Rodin presented the item. b. Strategic Planning Update for Ukiah Police Department Director of Public Safety Dewey presented the item. C. City Manager Outline of Key Elements of the 2009/2010 General Fund and Redevelopment Budgets City Manager Chambers presented the item. d. Further Discussion on Above Topics, as Desired 3. PUBLIC COMMENT None. 4. ADJOURNMENT There being no further business, the meeting adjourned at 8:35 pm. JoAnne M. Currie, Deputy City Clerk CITY • UKIAH • MEETING • THE UKIAH CITY COUNCIL AND THE BOARD OF SUPERVISORS SPECIAL MEETING MINUTES Red Room 200 S. School Street Ukiah, CA 95482 April 21, 2009 4:00 PM 1. Welcome and Introductions a. Roll Call (Board of Supervisors, Ukiah City Council) b. Introductory Remarks — Staff C. Introductory Remarks — Board of Supervisors Chair d. Introductory Remarks — Ukiah City Council Mayor ai and Board Members id Council members Ukiah City Council and the Board of Supervisors met at a Special Joint Meeting on April 21, 2009, the notice for which being legally noticed on April 16, 2009. Mayor Baldwin called the meeting to order at 4:08 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembers absent: None. Board of Supervisors present: Carrie Brown, John McCowen, Kendall Smith, J. David Colfax, and Chair John Pinches. Board of Supervisors absent: none. Staff present: City Manager Chambers, City Attorney Rapport, and Deputy City Clerk Currie; Chief Executive Officer Mitchell, County Counsel Nadel, and Clerk of the Board Furman. Presentation, Discussion, and Possible Action a. Discussion and Possible Action Reaar( Council of Governments on the Ukiah Valley Area Transportation Impact Fee/Nexus Studv: and Possible Referral to the Public Resources Committee for inches and Chief Executive Officer Mitchell presented the item. Phil )r of Mendocino Council of Governments (MCOG) provided a on the Ukiah Valley Area Transportatio'n Impact Fee. No action taken. The Board of Supervisors directed the Executive Office and staff to work with the City and MCOG. b. Discussion and Possible Action Regarding Tax Sharing Agreement Between the City of Ukiah and the County of Mendocino 5:26:21 -PM Chair John Pinches, Chief Executive Officer Mitchell, and Mayor Baldwin presented the item. CC and BOS 4/21/09 Page 1 of 2 No action taken. C. Discussion and Possible Action Regarding the Proposed Court Facility by the Administrative Office of the Courts (ACC) 5:30:59 PM Councilmember Crane recused himself item 2.c at 5:32 p.m. due to a potential conflict of interest and left the meeting. 5:32:16 PM Chair John Pinches, Chief Executive Officer Mitchell, and City Manager Chambers presented the item. Public Comment Opened 5:34 pm: Public Speaking to the item: Howard Eagan, 5:38:54 PM Ben Stough, Court Administrator, and 5:45:36 PM Director of Planning and Community Development Stump. Public Comment Closed 5:50 pm. No action taken. The Board of Supervisors directed the Criminal Justice Committee to work with the City Committee (Councilmembers Landis and Rodin) on the Courthouse issue. 3. Other Business a. Public Expression None. b. Matters from Staff None. C. Other Business None. d. Adjournment There being no fu JoAnne M. Currie, Deputy City Clerk siness, the meeting adjourned at 6:00 pm. CC and BOS 4/21/09 Page 2 of 2 ITEM NO.: AGENDA SUMMARY REPORT Background: Gordon Graham is a leading professional speaker in both private and public sector organizations with multiple areas of expertise. Mr. Graham has centered his efforts on providing knowledge to both public and private sector organizations in the area of Organizational and Operational Risk Management, Civil Liability, Professionalism, Ethical Decision Making and related topics. Instead of focusing solely on after -incident damage control, he focuses his efforts on the prevention of mistakes through his risk management based training program SROVT (Solid Realistic Ongoing Verifiable Training). He teaches employees, supervisors, and managers why things generally go wrong, and how to prevent these unfortunate situations from happening. He follows up his prevention efforts with a dynamic presentation on how to recognize the incidents that have a likelihood of ending up in litigation. He concludes his program with a detailed examination on how to prove proper conduct. Discussion: Recently the County Police Chiefs and Sheriff discussed the need for additional risk management training for our personnel and chose to bring Gordon Graham to our community. Each agency agreed to equally split the costs of this training, and Ukiah PD agreed to act as the host / coordinating agency for the training, and facility rental. Equally split, the costs to the Mendocino County Sheriff's Office, Willits PD, Fort Bragg PD, Major Crimes Task Force, District Attorneys Office, Mendocino County Fire Chief's Association and the Ukiah Police Department was $1,236.00 per agency, (total costs were $8,650.00 for the training and facility rental). The funds for this training have been collected from each agency, and the City of Ukiah has purchased training services from Gordon Graham Research Consultants in the amount of $7,150.00. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Fiscal Impact: Budgeted FY 08/09 New Appropriation Not Applicable ® Budget Amendment Required 1-1 Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested 0 Participating Agencies 200.0500.455.000 $7,416 (revenue) 0 Asset Forfeiture Account 200.2001.160.000 $8,650 (expense) Continued on Page 2 Recommended Action(s): Notification of purchase of training services from Gordon Graham Research Consultants, in the amount of $7,150.00, from account 200.2001.160.000, and approval of budget amendment risk management training and associated revenue. Alternative Council Option(s): NIA Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: ApprovedgJn2e Chambers, City Manager ITE O.: 7b City a}- Zjkz:ah May 6, 2009 SUBJECT: ADOPTION OF RESOLUTION APPROVING ADDENDUM TO POLICE UNIT MEMORANDUM OF UNDERSTANDING FOR WIRELESS COMMUNICATION STIPEND AS REIMBURSEMENT FOR BUSINESS USE OF PERSONALLY OWNED WIRELESS DEVICES Background: The City-wide contract with Edge Wireless will be terminating on May 15, 2009. In view of the City Council's direction that departments leverage technology for optimum efficiencies, and in consideration of the administrative burden of auditing and paying monthly cell phone invoices, the Police Department evaluated their current cell phone usage and requirements and developed a new Wireless Communications departmental policy. This policy includes providing a wireless communication stipend to employees who have a documented, official business need for use of a communication device. Discussion: The policy developed by the Police Department allows the department and employee to manage their business needs for wireless communication devices (cell phones and personal digital assistants [PDA's] with cellular capability) in a fiscally responsible manner while complying with federal regulations. The $35.00/month Wireless Communication Stipend is intended to reimburse the employee for the business use of their personally owned device and wireless plan. The stipend is not intended to fund the cost of the device nor pay for the entire monthly bill of their wireless plan. The assumption is that most employees also use their wireless communication devices for personal calls. As of the effective date of this policy, the Police Department shall no longer reimburse, purchase, or own wireless communication devices, nor renew or extend existing cell phone contracts on behalf of the city, except as noted below in the section regarding department -owned devices. The Police Unit has approved this policy change and the implementation of the wireless communication stipend, as evidenced by the attached Addendum to their 2007-2010 Memorandum of Understanding. Staff requests Council to adopt a resolution approving this Addendum to the Police Unit MOU authorizing the Wireless Communication Stipend. Continued on mae 2 Recommended Action(s): Council adopt a Resolution authorizing amendment to the 2007-2010 Police Unit MOU to provide a wireless communication stipend in accordance with departmental policy. Alternative Council Option(s): Refer to staff for additional information. Citizens advised: N/A Requested by: Trent Taylor, Police Captain Prepared by: Melody Harris, HR Director & Trent Taylor, Police Captain Coordinated with: Jane Chambers, City Manager Attachments: Addendum to 2007-2010 Police Unit Memorandum of Understanding Resolution Adopting Addendum to the 2007-2010 Police Unit MOU Approved:ri;' i Ja Chambers, City Manager Police Unit Wireless Communication Stipend May 6, 2009 Page 2 of 2 If the stipend approach were not to be used, Federal tax law dictates that the personal use of department - provided wireless devices is a taxable fringe benefit. IRS rules mandate that the employee keep a log documenting each incoming and outgoing cellular phone call, differentiate which of those calls were business related and which were not, including the business purpose of the call, and that the city include the value of personal calls in the employee's taxable income. If the log is not kept, the IRS can declare that the entire cost of the wireless device plan is taxable income to the employee, even if most of the calls were business related. Fiscal Impact: Budgeted FY 08/09 F-1New Appropriation ® Not Applicable Budget Amendment Required Ukiah Police Officer's Association r. 300 SEMINARY AVENUE UK[AH, CALIFORNIA 95482 Bus: (707) 463-6262 Fax: (707) 462-6068 The Ukiah Police Officers Association has reviewed the Ukiah Police Department Wireless Communication Stipend Policy and a quorum of the membership subsequently voted in favor of agreement to the following: 1.13 1521 IN! 11 LIN ORION 11,11`111, 11,11111 1211PA, 1 84102 11 MEMSTFI. I ] 14N0% liVIA sIt' ilNTIwII 1 1. Stipend Agreement: For those members choosing to receive a stipend pursuant to the Police Department's wireless communication stipend policy, the unit agrees that the stipend does not constitute and increase in base pay, nor will it be included in the calculation of overtime, percentage increases to base pay due to salary adjustments, job upgrades, retirement or other compensation increases. The stipend will be itemized in payroll and reported on the employee's W-2, subject to applicable income withholding tax. 2. Continuation: The City and Police Unit agree that all conditions of employment established by City Policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this temporary amendment to the Police Unit MOU shall remain in effect and shall not be affected by the terms of this amendment. `r a/01 L) Keplinger, UP President ErikB rt -s, UPOA Vice Pres. ?� ATTACHMENr 2 - RESOLUTION NO. 2009 - ADOPTING AN ADDENDUM TO THE 2007-2010 MEMORANDA OF UNDERSTANDING BE41FEEN THE CITY OF UKIAH AND POLICE UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Police Unit relative to a Wireless Communication Stipend; and and, WHEREAS, an Addendum to the Memorandum of Understanding has been arrived at; WHEREAS, said Addendum has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Addendum to the Police Unit Memorandum of Understanding is hereby adopted and the City Manager is authorized to enter into this Addendum to the current Memorandum of Understanding. PASSED AND ADOPTED this 6th day of May, 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk WOURESADD ITEM NO.: 7c MEETING DA City of zlkgah AGENDA SUMMARY REPORT Background: Following the 2000-2001 wholesale electricity market crisis in California, the CAISO, under the direction and approval of the Federal Energy Regulatory Commission (FERC), has been developing a new electric transmission market design. This new market design, officially named Market Redesign and Technology Upgrade (MRTU), went operational on April 1, 2009. One of the main objectives of the MRTU design is to allow the CAISO to more effectively manage electric transmission and congestion. To accomplish this congestion management goal under MRTU, the CAISO has implemented a new market pricing mechanism entitled Locational Marginal Pricing (LMP), which will be used to determine the most cost-effective use of resources to resolve power transmission bottlenecks. As a result of the CAISO's implementation of LMP, the City could be assessed congestion costs when the City's resources are delivered across the CAISO- controlled transmission grid to serve the City's load obligations. These congestion charges are new costs resulting from MRTU implementation and are additional to the City's existing contractual energy costs and transmission access charges. As part of the new market design, the CAISO has also developed a tool named Congestion Revenue Rights (CRR), an insurance -like product designed to mitigate transmission congestion costs that Load Serving Entities (LSE) like the City are subject to when transferring energy on the CAISO controlled grid. The CRRs have been allocated, free of charge, to LSEs that pay for the embedded capital improvement cost of the CAISO transmission grid. The City as an LSE is eligible to acquire the CRRs through the CAISO allocation process. Continued on page 2 Recommended Action(s): City Council Adopt The Resolution Authorizing NCPA To Participate In The CAISO CRR Auction, On Behalf Of The City, To Unwind Allocated CRR Positions In Order To Reduce Risk Associated With Non-NCPA Sourced CRR's And NCPA Sourced CRRs With Expected Negative Congestion. Alternative Council Option(s): Refer to staff for additional information. Citizens advised: N/A Requested by: Mel Grandi Prepared by: Mel Grandi Coordinated with: Jane Chambers, City Manager Attachments: Approved:a— a e Chambers, City Manager The Northern California Power Agency ("NCPA"), acting as the business agent for the NCPA Pool' and the City has participated in the CAISO's CRR allocation process. NCPA has been authorized by the NCPA Commission and the City (Letter Representing Agency Relationship between City and NCPA) to participate in the CRR allocation process on behalf of the City. The specifics of this authority are documented within the NCPA Metered Subsystem (MSS) Aggregator CRR Entity Agent Agreement. Discussion: Participation in the CAISO allocation process on behalf of the City resulted in NCPA being allocated both NCPA sourced and non-NCPA sourced CRRs. The non-NCPA sourced CRRs differ from NCPA sourced CRRs because they are not protected by a generator controlled by NCPA. All CRRs nominated by and allocated to NCPA are estimated to have positive congestion value based on studies performed by the CAISO and NCPA using LMP estimates.2 However, CRRs are valued for settlement using final market pricing, and therefore could still be negative. In the instance where allocated CRRs become negatively valued, City would pay the negative congestion costs for the non-NCPA sourced CRRs. Staff is seeking authority from the City Council to participate in the CAISO CRR auction process, via NCPA, to reduce this risk. Participation in the auction will provide NCPA the ability to reduce this risk to the City by "unwinding" unprotected non-NCPA sourced CRRs to reduce negative congestion risk, while still extracting the congestion value anticipated during the nomination process from the IFM. Limited Auction Participation NCPA staff's participation in the auction will be limited to unwinding a portion of CRRs allocated to the City using the following principles: ® Annual auction participation will be limited to unwinding non-NCPA sourced CRRs. ® Monthly participation will be extended to unwinding not only non-NCPA sourced CRRs but also NCPA sourced CRRs if the NCPA generator is expected to be off-line due to scheduled or unscheduled maintenance or expectation that the NCPA sourced CRR will have a negative value due to system transmission or generation outages. Limited participation in the auction, as described above, was approved by the NCPA Commission (Commission Resolution 09-08). Limiting CRR auction participation to unwinding existing positions will reduce the City's CRR financial risk. l NCPA Pool Members are: Alameda Municipal Power, City of Biggs, City of Gridley, City of Healdsburg, City of Lodi, City of Lompoc, City of Palo Alto, Port of Oakland, Plumas-Sierra REC and City of Ukiah 2 NCPA utilized both LMP studies conducted by CAISO and NCPA to estimate the value of CRRs nominated and allocated to NCPA Fiscal Impact: Participation in the annual and monthly CRR auction will generate a revenue stream if the bids clear in the market. The resulting revenue from the bids in the auction is expected to approximate the value of holding the CRRs through its expiration term in the CAISO's market. NCPA can utilize its existing unsecured credit limit as collateral in order to participate in the auction. I " I Budgeted FY 08/09 F-1F-1Appropriation Not Applicable Budget Amendment Required WHEREAS, on May 6, 2007 the Ukiah City Council ("City") authorized NCPA Staff to participate on its behalf in the CAISO Congestion Revenue Rights (CRR's) allocation process in order to minimize the costs of congestion in delivering energy from resources to load, and WHEREAS, the City, as an NCPA Pool Member', has been awarded CRR's by the CAISO to offset congestion costs in the CAISO Market Redesign and Technology Upgrade ("MRTU") Integrated Forward Market ("IFM"), commenced on March 31, 2009, and WHEREAS, a subset of CRR's awarded, generally referred to as non-NCPA sourced CRRs, have a greater potential of having a negative value to the City because they are not protected by a generator owned by NCPA, and WHEREAS, the risk of realizing a negative value associated with a non-NCPA sourced CRR can be reduced by participating in the CRR auction and offsetting the awarded non-NCPA sourced CRR by acquiring an equal and offsetting CRR through the auction, and WHEREAS, City staff, the NCPA Risk Oversight Committee and the NCPA Commission (NCPA Commission Resolution 09-08) have reviewed and approved limited participation in the auction for the purpose of reducing exposure to negatively valued CRR's, NOW, THEREFORE BE IT RESOLVED, that the City Council authorizes NCPA staff to participate in the CAISO CRR Auction, on behalf of the City, to unwind allocated CRR positions in order to reduce risk associated with non-NCPA sourced CRRs and NCPA sourced CRRs with expected negative congestion. PASSED AND ADOPTED this 6th day of May 2009, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk 'NCPA Pool Members are: Alameda Municipal Power, City of Biggs, City of Gridley, City of Healdsburg, City of Lodi, City of Lompoc, City of Palo Alto, Port of Oakland, Plumas-Sierra REC and City of Ukiah ITEM NO.: 7d AI4MIZ► Ecl97c,11111 city a__ 'Z1kz:afi May 6,2009 SUBJECT: INFORM THE CITY COUNCIL OF WORK TO BE PERFORMED BY DANIEL STEEL 9 -- MACHINE IN THE AMOUNT OF $9,931.15 FOR REPAIR OF THE CRANE MONORAIL DAMAGED BY OLIN -PIONEER Background: Pursuant to the City of Ukiah Municipal Code, this is to inform the City Council of work to be performed by Daniel Steel & Machine for the amount of $9,931.15. Daniel Steel will be replacing the rail on the Water Treatment Plant's monorail hoist system and repairing some minor structural damage. Discussion: On January 26, 2009, while accepting a delivery of chlorine at the water treatment plant, the driver for Olin -Pioneer Corporation hit the monorail hoist rail with his truck. This action damaged the rail and caused minor damage to the chlorine storage room. After having an engineer assess the extent of the damage, requests for bids were sent out. There was only one other respondent, All -Cal Equipment. The bid from All -Cal Equipment was in the amount of $17,211.00. All costs associated with the repairs will be absorbed by Olin -Pioneer Corporation. Fiscal Impact: Budgeted FY 11 08/09 New �j( Budget Amendment Required Appropriation IJ Not Applicable Continued on Paae 2 Recommended Action(s): Receive Report. Alternative Council Option(s): Citizens advised: Requested by: Tim Eriksen, Director of Public Works Prepared by: Alan Jamison, Water Treatment Plant Supervisor Coordinated with: Attachments: f Approved: (1�� J� Chambers, City Manager Subject: Repair of Crane Monorail Meeting Date: May 6, 2009 Page 2 of 2 i T i I Z FPTITIIRFWIX�� I'm asking you to endorse AB1121 concerning ranked voting, also known as Instant Runoff Voting (IRV) or Ranked Choice Voting (the multi -winner version of IRV). You may already know that IRV reduces costs by eliminating runoff elections, increases voter turnout, eliminates "spoiler" effects with 3 or more candidates, and produces a winner supported by a majority of the voters regardless of the number of candidates. AB 1121 is now moving through the state legislature and would give general law jurisdictions the option of switching to ranked voting. Last year, Gov. Schwarzenegger vetoed AB 1294 which would have allowed all general law jurisdictions the option of switching to ranked voting. He said, in part, that ranked voting was too drastic a change. AB 1121 establishes a pilot program, limiting ranked voting to the first 10 general law jurisdictions to apply to the California Secretary of State. We're hopeful this limited program will get the governor's approval. AB 1121 is an important local issue because it gives general law jurisdictions local control over how they vote. I'm not asking for a commitment to ranked voting at this time, only for an endorsement of the right of local jurisdictions to choose how they conduct local elections. Ranked voting is supported by many organizations including: California League of Women Voters City Clerks Association of California City of Fort Bragg League of California Cities Secretary of State Debra Bowen Your Name Here http://www.leginfo.ca.gov/cgi-bin/postquery?biII_number=ab_1121 &sess=CUR&house=B&author=davis LEGISLATIVE COUNSEL'S DIGEST AB 1121, as introduced, Davis. Elections: ranked voting. Existing law provides procedures for the nomination of candidates for elective offices in general law cities. It specifies the procedures for the conduct of the election, the canvass of ballots, and certification of persons elected to office. Related provisions require the holding of a runoff election if no candidate has been elected at the municipal election. Existing law provides that a vacancy in an elective office may be filled by appointment at a special election or at the next regular municipal election. Under existing law, the Secretary of State is the chief elections officer of the state and is required to administer the provisions of the Elections Code. This bill would authorize the Secretary of State to approve not more than 10 cities and counties, in total, to conduct a local election using ranked voting if specified conditions are met. The bill would specify requirements for using ranked voting in both a single -candidate election and a multiple -candidate election. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. Don Rowe Mendocino County Coordinator Californians for Electoral Reform 531 Capps Ln #64 Ukiah CA 95482 707-463-2456 iry@mendovote.org hftp:/./www.mendovote.org YNNUTRIME MEETI G DATE: May 6, 2009 city af- uki:ah FORMULASUBJECT: REVIEW OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT -i-- Background: On 2/17/2009 the American Recovery and Reinvestment Act of 2009 was signed into law. As one of the elements, the Recovery Act provides the Department of Justice with funding for grants which assist law enforcement. Specifically, the objective of the Act is to preserve and create jobs. The Recovery Act JAG Formula grant allotments are _based upon jurisdictional population and crime statistics. The City of Ukiah has been allocated $46,119 in grant funding for Fiscal Year 2009/2010. Discussion: Funding rules for the JAG grant application provide that the application be provided to the City Council for a "Governing Board 30 -Day Review Period" prior to submitting the application to the Department of Justice. The entire application was provided to the City Council on April 15 h, 2009. The 30 day review period will end May 15th, 2009, and the application will be submitted the Department of Justice prior to the May 18th, 2009 grant deadline. In addition to the 30 day review period, the Ukiah City Council is required to consider the application and allow public comment of the application at a regularly scheduled City Council meeting. The purpose of this Agenda Summary Report is to review the proposed JAG application with Council and allow the public an opportunity to comment on the application. Staff has proposed using the $46,119 in grant funding to create a new Community Service Officer (CSO) position. Job creation specifically meets the stated objectives of the grant, and meets the current needs of the department. CSO's have proven to be extremely cost effective and beneficial to communities. These non -sworn personnel can be hired at a reduced cost from sworn staff, and assist officers with cold crime reports, animal control issues, parking enforcement, and a host of other related issues. This allows sworn staff to concentrate on crimes in -progress calls and community policing efforts. Fiscal Impact: Budgeted FY 08/09 F-1New Appropriation � Not Applicable Budget Amendment Required Recommended Action(s): Review Grant Application, Consider Public Input, and authorize staff to submit the Recovery Act JAG grant application for consideration by the Department of Justice. Alternative Council ODtion(s): Provide Staff with alternative direction. Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: JAG Grant Application Approved: e` . JV Chambers, City Manager f Menw To: City Council Members From: Chris Dewey, Director of Public Safety C: Date: April 15, 2009 Re: Recovery Act Justice Assistance Grant Program City Council Members, I have started the process of applying for the Federal Recovery Act Justice Assistance Grant. This grant is a formula grant, based upon population and crime statistics, and will provide $46,119 in funding to the City of Ukiah for Fiscal Year 09/2010. The funding rules require that I provide the grant application to the City Council for a "Governing Board 30 -day review period" prior to submitting the grant application to the Department of Justice. The grant has scheduled for City Council consideration and Public Comment at the May 7t' 2009 budget hearings, and must be submitted to DOJ for consideration on May 18'', 2009. Because of the extremely tight timeframes associated with the Federal Recovery Act, I am submitting this to the Council to begin the "Governing Board 30 -day review period" required by the grant. The Council is not required to comment on the grant funding until our scheduled City Council meeting. Please feel free to contact me at any time if you have any questions or concerns about the application, and I look forward to presenting the grant application for you consideration on May 7 , 2009. Ukiah Police: ,61 Department Menw To: City Council Members From: Chris Dewey, Director of Public Safety C: Date: April 15, 2009 Re: Recovery Act Justice Assistance Grant Program City Council Members, I have started the process of applying for the Federal Recovery Act Justice Assistance Grant. This grant is a formula grant, based upon population and crime statistics, and will provide $46,119 in funding to the City of Ukiah for Fiscal Year 09/2010. The funding rules require that I provide the grant application to the City Council for a "Governing Board 30 -day review period" prior to submitting the grant application to the Department of Justice. The grant has scheduled for City Council consideration and Public Comment at the May 7t' 2009 budget hearings, and must be submitted to DOJ for consideration on May 18'', 2009. Because of the extremely tight timeframes associated with the Federal Recovery Act, I am submitting this to the Council to begin the "Governing Board 30 -day review period" required by the grant. The Council is not required to comment on the grant funding until our scheduled City Council meeting. Please feel free to contact me at any time if you have any questions or concerns about the application, and I look forward to presenting the grant application for you consideration on May 7 , 2009. Over the first quarterof2OO9,the City ofUkiah has been forced Lo lay off 8full- time employees and 11 part-time employees because of budget restraints. Included in these layoffs were 3full-time -sworn peace officer positions. Even with these layoffs, the City ofUkiah still faces aprojected 2.3n)iUiondo||ar deficit, and Public Safety has been asked toreduce its budget bv 1.1 million dollars. These reductions may force the department to lay off 6 additional peace officer positions. These reductions will reduce the total sworn staff of the department by 29%. The Ukiah Police Department has begun the process ofapplying for the COPS Recovery Hiring Program to fund 5 of the positions identified for lay offs, and is applying for the Recovery Act: JAG Formula Program, to create a Community Service Officer position for the department. In the last year, our department has experimented with sworn officer academy recruits serving 6 months as Community Service Officers prior to attending the Academy. This practice has allowed recruits to contribute and learn prior to attending the academy tobecome sworn officers. The contributions ofthese recruits have decreased the workload demands ofour sworn officers. The Recovery Act: JAG Formula Program funding will allow the department to hire and train a Community Service Officer to support sworn peace officers. Community Service Officers have been proven bJbe extremely cost effective and beneficial tocommunities. These non -sworn personnel can behired otareduced cost from sworn ytaff, and assist officers with cold crime report coUs, onirno| control iomues, parking enforcement and a host of other issues, which allow sworn personnel to respond hocrimes in progFeom, and community policing prevention efforts. With the budgeted reductions sworn staff atthe Ukiah Police Department, the addition of a grant funded Community Service Officer will assist remaining officers in the field, and allow officers to concentrate on crimes in progress and community policing prevention efforts. Program : This funding will create anew Community Service Officer position for the department which iSconsistent with the goals of the Recovery Act to create jobs. _^g~.~_a.-._- ''_-'-'`='. The City ofUkiah has developed oaeparote budget account for the Community Service Officer grant, and will track personnel costs and grant revenue within this account. Organizational Activities, Timelines and Project Planning: Staff has already created anew job description, and salary study for the newly created position, which allows future Community Service Officers a career track which may in the future include moving into a sworn officer position, or allow a Community Service Officer to stay within the CG[) job classification. In addition, o Field Training Manual for Community Service Offioena has been created, and training for Field Training Officers has been scheduled during May of2OO9. Budget hearings and City Council action for this newly created position, and consideration ofthe Recovery Act: JAG Formula Program funding grant has been scheduled for May rm2OO8.during budget hearings. Once approved by Council Action, the City can begin immediate recruitment for the newly created position. It is anticipated that hiring will occur in July of 2009 with adoption of the Fiscal Year budget, and training for the new Community Service Officer will immediately begin. Performance Measures: • Recruit, and Hire Community Service Officer June 2OOB * Field Training Program July -August 2OO8 * Daily Activity Logs monitored bvSupervisors August O8/June 1O • Quarterly Programmatic and Financial Reporting within 1Ddays ofeach calendar quarter. ' OMB APPROVAL NO. 1121-0188 EXPIRES 5-98 (Rev. 1197) Purpose: The Budget Detail Worksheet may be used as a guide to assist you in the preparation of the budget and budget narrative. You may submit the budget and budget narrative using this form or in the format of your choice (plain sheets, your own form, or a variation of this form). However, all required information (including the budget narrative) must be provided. Any category of expense not applicable to your budget may be deleted. A. Personnel - List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Name/Position Computation Cost Position 1 Community Service Officer 100% $37,716.00 Position 2 Postition 3 Postition 4 r Postition 5 Postition 6 SUB -TOTAL $37,716.00 B. Fringe Benefits - Fringe benefits should be based on actual known costs or an established formula. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Fringe benefits on overtime hours are limited to FICA, Workman's Compensation, and Unemployment Compensation. Name/Position Computation benefit 1, Community Service Officer ( 100% Fringe benefit 2 Fringe benefit 3 Fringe benefit 4 Fringe benefit 5 OJP FORM 715011 (5-95) Cost $18,374.00 SUB -TOTAL $18,374.00 Total Personnel & Fringe Benefits $66,090.00 C. Travel - Itemize travel expenses of project personnel by purpose (e.g., staff to training, field interviews, advisory group meeting, etc.). Show the basis of computation (e.g., six people to 3 -day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved. Identify the location of travel, if known. Indicate source of Travel Policies applied, Applicant or Federal Travel Regulations. Purpose of Travel Location Item Computation Cost Travel entry 1, two Lines per -- —�� entry Travel entry 2 � � � IF — Travel entry 3 IF _� E I E: I Travel entry 4-- 1 1 1 Travel entry 5 _ �j77� Travel entry 6 1 F Travel entry 7 ...---�� ii. TOTAL $0.00 D. Equipment - List non -expendable items that are to be purchased. Non -expendable equipment is tangible property having a useful life of more than two years and an acquisition cost of $5,000 or more per unit. (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Expendable items should be included either in the "supplies" category or in the "Other" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, espe- cially high cost items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Attach a narrative describing the procurement method to be used. Item Equipment entry 1, one line per entry eglupment entry 2 equipment entry 3 equipment entry 4 equipment entry 5 Computation E. Supplies - List items by type (office supplies, postage, training materials, copying paper, and expendable equipment items costing less that $5,000, such as books, hand held tape recorders) and show the basis for computation. (Note: Organization's own capitalization policy may be used for items costing less than $5,000). Generally, supplies include any materials that are expendable or consumed during the course of the project. Supply Items Computation Cost (Supply item 1, one line per entry I supply item 2 C� supply item 3 supply item 4 supply item 5 supply item 61 F7 supply item 7—� supply item 8 _ supply item 9 W 1 11 R Construction - As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Check with the program office before budgeting funds in this category. Purpose Deseription of Work Cost four lines per entry, use boxes below or an additional page for more space if required TOTAL $0.00 G. Consultants/Contracts - Indicate whether applicant's formal, written Procurement Policy or the Federal Acquisition Regulations are followed. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Consultant fees in excess of $450 per day require additional justification and prior approval from OJP. Name of Consultant Service Provided Computation Cost Supply item 1, one line per entry maximum of three lines Supply item 1, one line per entry Supply Item 1, one line per entry Supply item 1, one line per entry —71 Subtotal $0.00 Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (i.e., travel, meals, lodging, etc.) Item Location Computation Cost Consultant expense entry 1, one Line p maximum of three lines IF- r I maximum of three lines Consultant expense entry 1, one line maximum of three lines Subtotal $0.00 Contracts: Provide a description of the product or service to be procured by contract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source contracts in excess of $100,000. Item Cost maximum of four lines, additional information should be attached on a separate sheet(s) maximum of four lines Subtotal $0.00 TOTAL $0'00 H. Other Costs - List items (e.g., rent, reproduction, telephone, janitorial or security services, and investigative or confidential funds) by major type and the basis of the computation. For example, provide the square footage and the cost per square foot for rent, or provide a monthly rental cost and how many months to rent. Description Computation Cost four lines per entry, use boxes below or an additional page for more space if required TOTAL $0.00 I. Indirect Costs - Indirect costs are allowed only if the applicant has a Federally approved indirect cost rate. A copy of the rate approval, (a fully executed, negotiated agreement), must be attached. If the applicant does not have an approved rate, one can be requested by -contacting the applicant's cognizant Federal agency, which will review all documentation and approve a rate for the applicant organization, or if the applicant's accounting system permits, costs may be allocated in the direct costs categories. Description Computation Cost one line per entry17 i II one line per entry _ �------� 1 F77 TOTAL $0.00 Budget Summary- When you have completed the budget worksheet, transfer the totals for eachcategory to the spaces below. Compute the total direct costs and the total project costs. Indicate theamount of Federal requested and the amount of non -Federal funds that will support the project.Budget Category AmountA. Personnel $37,716.00B. Fringe Benefits $18,374.00C. Travel $0.00D. Equipment $0.00E. Supplies $0.00F. Construction $0.00G. Consultants/Contracts $0.00Total Direct Costs $56,090.00I. Indirect Costs $0.00TOTAL PROJECT COSTS $56,090.00 RequestFederal $46,119.00 Non -Federal Amount $9,971.00 City of Ukiah, Ukiah Police Department Review Narrative (Attachment 3) Program Activity Funded: Community Service Officer The Recovery Act: JAG Formula Program Grant appliciation was provided to the Ukiah City Council on April 15, 2009 to start the 30 day review process. This item is scheduled,for City Council Comment and Public Comment at the May 7 Ih 2009, City Council budget hearings. This item will appear on the May 7th 2009 agenda, and public notification Will occur via website agenda posting. Program Title: Community Service Officer The Recovery Act: JAG Formula Program funding will allow the department to hire and train aCommunity Service CJffioertosupport 'sworn peace officers. Community Service Officers have been proven to be extremely cost effective and beneficial tocommunities. These non -sworn personnel can behired et areduced cost from sworn o1aff, and 000iat officers with cold crime report calls, oninlm| control ienueo, parking enforcement and a host of other issues, which allow sworn personnel to respond to crimes in progFeae, and oononlunib/ policing prevention efforts. With the budgeted reductions evvn[O staff atthe Ukiah Police [}eportnneDt, the addition of a grant funded Community Service Officer will assist remaining officers in the field, and allow officers to concentrate on crimes in progress and uonnnlunib/ policing prevention efforts. city a}_kiah May 6, 2009 INTRODUCTION OF ORDINANCE OF • OF OF r ADDING CHAPTER 8 TO DIVISION 4 OF THE UKIAH CITY CODE, ENTITLED: STORM WATER DISCHARGE Background: On May 4, 2006, the California Regional Water Quality Control Board approved the City of Ukiah's Storm Water Management Plan (CUSWMP) for compliance with the National Pollutant Discharge Elimination System General Permit for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems, Order No. 2003-0005-DWQ. The purpose of the CUSWMP is to implement and enforce a series of management practices, referred to as "Best Management Practices "(BMPs). These BMPs are designed to reduce the discharge of pollutants from urban runoff or municipal separate storm sewer systems to protect water quality, and to satisfy the requirements of the Federal Clean Water Act. Discussion: One of the required BMPs includes the adoption of an ordinance to prohibit non -storm water discharges (pollutants) and establish enforcement procedures and penalties. The draft ordinance has been prepared in collaboration with Planning staff, and sent to the North Coast Builders Exchange, Mendocino County Employers Council, and local consulting engineers and architects for their review. Staff recommends that the City Council pass a motion to introduce this addition to the City Code by title only and a motion to introduce the ordinance (Attachment 1) after the City Clerk reads the ordinance title. Fiscal Impact: Budgeted FY 08/09 1-1NewAppropriation Not Applicable Budget Amendment Required Recommended Action(s): Adopt motion to introduce ordinance by title only, have the City Clerk read the ordinance title and adopt a motion to introduce the ordinance. Alternative Council Option(s): Provide further direction. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ben Kageyama, Senior Civil Engineer Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: Proposed Ordinance Approved: Jane Chambers, City Manager Attachment 1 FORTAIMAKINNN91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 8 TO DIVISION 4 OF THE UKIAH CITY CODE, ENTITLED: STORM WATER DISCHARGE The City Council of the City of Ukiah hereby ordains as follows: Division 4, Chapter 8 of the Ukiah City Code is hereby added as follows: The purpose and intent of this chapter is to ensure the health, safety, and general welfare of the residents of the City of Ukiah, and protect and enhance the water quality of watercourses and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act (33 U.S.C. § 1251 et seq.), and National Pollutant Discharge Elimination System (NPDES) Phase 11 storm water regulations for small municipal separate storm sewer systems, by reducing pollutants in storm water discharges to the maximum extent practicable and by prohibiting non -storm water discharges to.the storm drain system. §4090.2: Definitions. For purposes of this chapter, the following terms shall be defined as follows: "Best Management Practices" ("BMP") means activities, practices, and procedures implemented to prevent or reduce the discharge of pollutants directly or indirectly to the municipal storm drain system and waters of the United States. Best Management Practices include, but are not limited to: treatment facilities to remove pollutants from storm water; operating and maintenance procedures; facility management practices to control runoff, spillage or leaks of non -storm water, waste disposal, and drainage from materials storage; erosion and sediment control practices; and the prohibition of specific activities, practices, and procedures and such other provisions as the City determines appropriate for the control of pollutants. "City" means the City of Ukiah. "Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Page 2 of 13 Agenda Item No. "Construction Activity" means activities subject to National Pollutant Discharge Elimination System ("NPDES") Construction Permits. These include construction projects resulting in land disturbance of one or more acres. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition. "Hazardous Materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed (California Health and Safety Code § 25117). "Illegal Discharge" means any direct or indirect non -storm water discharge to the storm drain system, except as exempted in subsections 4090.5(8) (1) through (3). "Illicit Connection" is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non -storm water discharge including sewage, processed wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City. "National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permits" means general, group, and individual storm water discharge permits which regulate facilities defined in federal NPDES regulations pursuant to the Clean Water Act. The California Regional Water Quality Control Board, North Coast Region (hereinafter, "Regional Board") and the State Water Resources Control Board have adopted general storm water discharge permits, including, but not limited to, the general construction activity and general industrial activity permits. "Non -Storm Water Discharge" means any discharge to the storm drain system that is not composed entirely of storm water or any release of pollutants that potentially or actually discharges to the City's storm drain system. "Pollutant" means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non- hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or Page 3 of 13 Agenda Item No. structure (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind. "Pollution" means the human -made or human -induced alteration of the quality of waters by waste to a degree which unreasonably affects, or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses (California Water Code § 13050). "Porter -Cologne Act" means the Porter -Cologne Water Quality Control Act as amended (California Water Code § 13000 et seq.). "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. "Storm Drain System" means publicly -owned facilities operated by the City by which storm water is collected and/or conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, creeks, reservoirs, and other drainage structures which are within the City and are not part of a publicly owned treatment works as defined at 40 Code of Federal Regulations Section 122.2. "Storm Water" means any surface flow, runoff, and drainage consisting entirely of water from rainstorm events. "Waters of the United States" means surface watercourses and water bodies as defined at 40 Code of Federal Regulations § 122.2 including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons. ...,,I • ,II 1 • • . • This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the City. The City Manager of the City shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City Manager may be delegated in writing by the City Manager to persons or entities acting in -the beneficial interest of or in the employ of the City. A. The release of non -storm water discharges to the City's storm water system is prohibited. Page 4 of 13 Agenda Item No. B. The following discharges are exempt from the prohibition set forth in subsection (A) of this section: 1. Any discharge in compliance with an NPDES permit issued to the discharger and administered by the State of California under the authority of the United States Environmental Protection Agency; 2. Discharges from the following activities will not be considered a prohibited discharge to the City's storm water system when properly managed: flushing of potable water from potable water lines and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, uncontaminated ground water infiltration to storm -drains, uncontaminated pumped ground water, foundation and footing drains, water from crawl space pumps, air conditioning condensation, springs, runoff from individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, flows from emergency fire fighting, and other flows necessary for implementing BMPs directed or approved by the City Manager; 3. With written concurrence of the Regional Water Quality Control Board, the City may exempt, in writing, other non -storm water discharges that are not a source of pollutants to the storm drain system or waters of the United States. C. Any discharge that would result in, or contribute to, a violation of any NPDES permit for storm water discharges from within the City and any amendment, revision, or reissuance of such permit, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and such persons shall defend, indemnify and hold harmless the City, its officers, agents and employees in any administrative or judicial enforcement action relating to such discharge. D. It is unlawful to establish, use, maintain, or continue unauthorized drainage connections to the City's storm water system. E. It is unlawful to establish, use, maintain, or continue drainage connections to the City's storm water system that are or may be a source of prohibited discharges. F. It is unlawful to commence or continue any unauthorized and/or prohibited discharges to the City's storm water system. G. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, household hazardous wastes or other hazardous wastes, garbage, debris, or other wastes, or other discarded or abandoned objects or articles in or upon any storm water system or upon any public or private plot of land in the City so that the same might become a pollutant, except in lawfully established waste disposal facilities. Page 5 of 13 Agenda Item No. ♦ is • �. •. •, • .. • • • • • A. Any person engaging in activities that may result in pollutants entering the City's storm water system shall undertake all practicable measures to reduce and/or eliminate such pollutants. All activities that do actually, or may potentially, result in the deposit of pollutants in or on the City's storm water system, in any tributary of this system, and all land which drains to either this system or any of its tributaries shall be construed as activities which may result in pollutants entering the City's storm water system. Examples of such activities include, but are not limited to, ownership and use of premises that may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, business enterprises, and dwelling units. B. Any construction contractor performing work in the City shall implement appropriate best management practices to prevent the discharge of construction wastes or debris or contaminants from construction materials, tools, and equipment from entering the storm water system. C. Persons owning, operating, or maintaining a paved parking lot, the paved areas of a gas station, a paved private street, road, or driveway and related storm water systems shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the storm water system. D. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within his or her property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. E. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in the City in front of which there is a paved sidewalk shall maintain that portion of the sidewalk in front of the property free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway or any element of any drainage system, but shall be disposed of in receptacles maintained as required for the disposal of solid waste and/or yard waste, as appropriate. F. Each discharger associated with construction activity disturbing more than one acre, or other discharger described in any general storm water permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, North Coast Region, shall provide the Notice of Intent, comply with, and undertake all other Page 6 of 13 Agenda Item No. activities required by any general storm water permit applicable to such dischargers, and shall provide a copy of the Notice of Intent and of each annual report pursuant to any general storm water permit to the City Manager, and shall pay any associated monitoring and enforcement fees to the City that may be set by the City Council. Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit. G. Where best management practice guidelines or requirements have been adopted or published by the Environmental Protection Agency, the Regional Water Quality Control Board, or the City, for any activity, operation or facility which may cause or contribute to prohibited discharges, every person undertaking such activity or operation or owning or operating such commercial facility shall comply with such guideline or requirement. H. The City Manager may require any business in the City that is engaged in activities which may result in prohibited discharges to develop and implement a storm water pollution prevention plan, which must include an employee training program. Business activities which may require a storm water pollution prevention plan include, but are not limited to, maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading or fueling, or cleanup procedures which are carried out partially or wholly out of doors. I. The City Manager may adopt requirements identifying appropriate best management practices to control the volume, rate, and potential pollutant load of storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. The City shall incorporate such requirements in any land use entitlement and construction or building -related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in the ordinance. 15111114 1! 23= The City Manager may require by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. 1 • b . • • ii •I 1 11 ° • • • • • • A. The City Manager may require by written notice that a person responsible for an illicit connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this ordinance. B. If, subsequent to eliminating a connection found to be in violation of this ordinance, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's expense. Page 7 of 13 Agenda Item No. Whenever the City Manager finds that a discharge of pollutants is taking place or has occurred which will result in, or has resulted in, pollution of storm water, the storm drain system, or waters of the U.S., the City Manager may require by written notice to the owner of the property or the responsible person that the pollution be remediated and the affected property restored within a specified time. §4090.10: Requirement to monitor and analyze. The City Manager may require by written notice that any person engaged in any activity or owning or operating any facility which may cause or contribute to storm water pollution, illegal discharges, or non -storm water discharges to the storm drain system or waters of the U.S., shall undertake at said person's expense such monitoring and analyses and furnish such reports to the City as deemed necessary to determine compliance with this chapter. A. The owner of a commercial facility or the persons responsible for emergency response for a commercial facility have the responsibility to train facility personnel and maintain notification procedures to assure: 1. Immediate notification is provided to the City Department of Public Works of any suspected, confirmed, or unconfirmed release of material, pollutants, or waste creating a risk of discharge into the City storm water system; _ 2. Immediate notification is given to the "9-1-1" emergency response system if said discharge poses an immediate threat to the public health or safety and/or the environment; 3. Written notification is provided to the City Manager within five working days. B. Training of personnel shall assure that all BMPs are being fully and correctly implemented and that all releases of any non -storm water discharge or of any pollutant that threatens to enter the City's storm water system are immediately recognized and that appropriate response is taken in the event of such release. C. As soon as any person in charge of a commercial facility or who is responsible for emergency response for a commercial facility has knowledge of, or reasonably could be expected to have knowledge of, any suspected, confirmed or unconfirmed release of a non - storm water discharge entering, or of any pollutant that is threatening to enter, the City storm water system from such facility, such person shall take all necessary steps to ensure the early discovery and containment and clean up such release and shall immediately notify the City Department of Public Works. In addition, written notification shall be given to the City Manager within five working days. This written notification shall contain, as a minimum, a narrative describing the circumstances resulting in the release, or threatened release, the effort taken to clean up the release and the measures being taken to prevent Page 8 of 13 Agenda Item No. reoccurrence. This notification requirement is in addition to, and not in lieu of, other required notifications. 1'1 • •rum= Whenever necessary to make an inspection to enforce any provision of this ordinance, or whenever the City Manager has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this ordinance, the City Manager may enter such premises at all reasonable times to inspect the same and to inspect and copy records related to storm water compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry. x.,1.1 � • • • • • • •- During any inspection as provided herein, the City Manager may take any samples and perform any testing deemed necessary to aid in the pursuit of the inquiry or to record site activities. .x,1.1 • - • • • Whenever the City Manager finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the City Manager may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: A. The performance of monitoring, analyses, and reporting; B. The elimination of illicit connections or discharges; C. That violating discharges, practices, or operations shall cease and desist; D. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; E. Payment of a fine to cover administrative and remediation costs; or F. The implementation of source control or treatment BMPs. If abatement of a violation or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by the City or a contractor designated by the City Manager and the expense thereof shall be charged to the violator. Page 9 of 13 Agenda Item No. ♦x,1.1 . •,,•. • •M• • • Notwithstanding the provisions of Section 4090.20 below, any person receiving a notice of violation under Section 4090.14 above, may appeal the determination of the City Manager to a hearing officer appointed by the City Council. The notice of appeal must be received by the City Clerk within five days from the date of the notice of violation. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the appellant believes the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant's right to an appeal and the decision of the City Manager shall become final. Unless the appellant and the City agree to a longer time period, the appeal shall be heard by the an impartial and qualified hearing officer within thirty days of receipt of the notice of appeal. To be considered qualified, the hearing officer shall have substantial education, training and/or experience in construction, hydrology, environmental science, law or related fields. At least ten days prior to the hearing, the City shall mail notice of the time and place of the hearing to the appellant. The hearing officer shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. The hearing officer shall issue a written decision within ten days of the date of the hearing. The decision of the City hearing officer is final. 1 • 1 • • • • • Whenever notice is required or permitted under this chapter, it shall be given by personal delivery or by certified or registered mail, return receipt requested. Notice shall be given to the City, attention: City Manager, at Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA. 95482. Notice shall be given to a property owner at the owner's address as contained in the Mendocino County Assessor's records. Notice shall be given to an occupant or tenant of property at the address of the property. Notice shall be given to a contractor at the address on file with the California State Contractor's Licensing Board or on a City of Ukiah business license issued to the contractor. Notice shall be deemed given and received on the date personally delivered, on the date on the return receipt or 72 hours after deposit in the United States mail, whichever first occurs. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal under Section 4090.15, within ten days of the decision of the City Council upholding the decision of the City Manager, then the City or a contractor designated by the City Manager shall enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the City or designated contractor to enter upon the premises for the purposes set forth above. Page 10 of 13 Agenda Item No. Within thirty days after abatement of the nuisance by the City, the City Manager shall notify the property owner of the cost of abatement, including administrative costs and attorneys' fees. The property owner may file a written protest objecting to the amount of the assessment with the City Clerk within fifteen days. The City Clerk shall set the matter for public hearing by the City Council. The decision of the City Council shall be set forth by resolution and shall be final. If the amount due is not paid within ten days of the decision of the City Council or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment in accordance with Government Code § 38773.5. A copy of the resolution shall be filed with the County Auditor so that the Auditor may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the Tax Collector shall include the amount of the assessment on the bill for taxes levied against the parcel of land. The City Manager is authorized to require immediate abatement of any violation of this ordinance that constitutes an immediate threat to the health, safety or well being of the public. If any such violation is not abated immediately as directed by the City Manager, the City is authorized to enter onto private property and to take any and all measures required to remediate the violation. Any expense related to such remediation undertaken by the City shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the City from seeking other and further relief authorized under this ordinance. A. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor, except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. B. Any person who submits a report required by this chapter, which she or he knows, or should have reason to know, contains falsified data shall be subject to a fine not to exceed the amount that the City may be fined by the State Water Resources Control Board or the amount of any civil liability imposed on the City for noncompliance with the municipal storm water discharge permit for the City. C. Every day or any portion thereof any violation of this ordinance continues shall constitute a separate offense. Page 11 of 13 Agenda Item No. D. Concealing, aiding, or abetting a violation of any provision of this chapter shall constitute a violation of such provision. A. Infractions. An infraction is punishable by: 1. A fine not exceeding one hundred dollars for the first violation; 2. A fine not exceeding two hundred dollars for a second violation of the same code provision within a twelve-month period; 3. A fine not exceeding five hundred dollars for each for each additional violation of the same code provision within a twelve-month period; 4. An offense, which would otherwise be an infraction, is a misdemeanor if a person has been convicted of three or more violations of the same code provision within a twelve- month period. For the purpose of this subsection, a bail forfeiture is considered a conviction of the offense charged; 5. An infraction is not punishable by imprisonment. A person charged with an infraction is not entitled to a jury trial nor to a pubic defense unless arrested and not released. B. Misdemeanors. A misdemeanor is punishable by a fine not exceeding one thousand dollars or imprisonment not exceeding six months, or both. TOT917154 M, In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the City Manager may impose upon a violator alternative compensatory actions, including, but not limited to, storm drain labeling, attendance at compliance workshops, and creek cleanup. =Mum= • -• • • In addition to the enforcement processes and penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored by the City at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken by the City. ,S,4090.24:Acts potentially resulting in a violationof - • - ?ndlor California Porter -Cologne Act. Any person who violates any provision of this chapter or any -provision of any requirement issued pursuant to this chapter, may also be in violation of the federal Clean Water Act Page 12 of 13 Agenda Item No. and/or the Porter -Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability._ 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), or 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment, In addition, the City Council finds that the ordinance is categorically exempt from CEQA as a Class 7 and Class 8 exemption for actions by regulatory agencies taken to protect natural resources and the environment. (14 CCR §§ 15307 and 15308.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Introduced by title only on ) 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk Page 13 of 13 Agenda Item No. �►. ITEM N MEETING D� City cj,-,Ukz:ah AGENDA SUMMARY'� ' r May 6, 2009 INTRODUCTION OF ORDINANCE OF • OF OF ADDING CHAPTER 7 TO DIVISION 9 OF THE UKIAH CITY CODE, ENTITLED: EROSION AND SEDIMENT CONTROL Background: On May 4, 2006, the California Regional Water Quality Control Board approved the City of Ukiah's Storm Water Management Plan (CUSWMP) for compliance with the National Pollutant Discharge Elimination System General Permit for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems, Order No. 2003-0005-DWQ. The purpose of the CUSWMP is to implement and enforce a series of management practices, referred to as "Best Management Practices "(BMPs). These BMPs are designed to reduce the discharge of pollutants from urban runoff or municipal separate storm sewer systems to protect water quality, and to satisfy the requirements of the Federal Clean Water Act. Discussion: One of the required BMPs includes the adoption of an ordinance to control and reduce erosion and sedimentation from construction sites by requiring developers to submit erosion and sediment control plans with proper implementation of construction BMPs. The draft ordinance has been prepared in collaboration with Planning staff, and sent to the North Coast Builders Exchange, Mendocino County Employers Council, and local consulting engineers and architects for their review. Staff recommends that the City Council pass a motion to introduce this addition to the City Code by title only and a motion to introduce the ordinance (Attachment 1) after the City Clerk reads the ordinance title. Fiscal Impact: 1-1 Budgeted FY 08/09 1-1 New Appropriation rX I Not Applicable Budget Amendment Required Recommended Action(s): Adopt motion to introduce ordinance by title only, have the City Clerk read the ordinance title and adopt a motion to introduce the ordinance. Alternative Council Option(s): Provide further direction. Citizens advised: NIA Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ben Kageyama, Senior Civil Engineer Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: Proposed Ordinance Approved:. ......, w� J n Chambers, City Manager Attachment 1 x•7:7 71�F_\�C•l��C•7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 7 TO DIVISION 9 OF THE UKIAH CITY CODE, ENTITLED: EROSION AND SEDIMENT CONTROL The City Council of the City of Ukiah hereby ordains as follows: Division 9, Chapter 7 of the Ukiah City Code is hereby added as follows: The purpose of this ordinance is to regulate grading on public and private property in order to control erosion and sedimentation, protect water quality, and safeguard health, safety, and the public welfare, and to establish administrative procedures to carry out these regulations. For purposes of this chapter, the following terms shall be defined as follows: "Best Management Practices (BMPs)" are construction site controls used to protect water quality. "Contractor" means the person or entity performing work subject to this Chapter, including, but not limited to, the property owner or his or her contractor. "Clearing" is any activity that removes the vegetative surface cover. "Erosion control" is a measure that prevents erosion. "Erosion and sediment control plan" or "plan" is a set of plans prepared by, or under the direction of, a licensed professional engineer indicating the specific measures and sequencing to be used to control erosion and sedimentation on a development site during and after construction. "Freeboard" is the height above the recorded high water mark of a structure. Page 2 of 10 Agenda Item No. "Grading" is excavation or fill of material, including the conditions resulting therefrom. "Grading permit" is a permit issued by the City for grading activities on a specific site. "Phasing" is clearing a parcel of land in distinct phases, with the stabilization of each phase completed before clearing for the next. "Sediment control measures" are measures that prevent eroded sediment from leaving a construction site. "Site" is a parcel of land or a combination of contigiuous parcels. "Start of Construction" is the first land -disturbing activity associated with a development, including, but not limited to, land preparation, such as clearing and grading; installation of streets and walkways; excavation for basements, footings, piers, or foundations; and erection of temporary forms. A. An erosion and sediment control plan prepared by a registered civil engineer, or other professional who is licensed and qualified, delineating measures to appropriately and effectively minimize soil erosion and sedimentation, shall be submitted with a grading permit application and shall be to the satisfaction of the City Engineer. The plan shall include the following information: 1. A description and delineation of the vegetative measures to be taken to minimize erosion and sedimentation; 2. A description and delineation of the temporary and permanent measures to be taken to protect manufactured or disturbed slopes from erosion by mechanical means, such as with mulches, diversion dikes, etc.; 3. The delineation of the drainage control measures to be taken; 4. The extent and manner of the cutting of trees and the clearing of vegetation, the disposal of same, and the measures to be taken for the protection of undisturbed trees and vegetation; 5. The methods to be used for the disposal of excess materials; 6. The methods to be used for the control of dust; 7. A description and delineation of the temporary and permanent measures to be taken to retain sediment on the site; 8. A description of the measures to be taken to maintain the devices shown on the plan during grading operations and construction on the site; - Page 3 of 10 Agenda Item No. 9. The extent of disturbed ground that will exist, what streets will be paved, and what drainage devices will be installed prior to the start of each rainy season; 10. Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures; 11. Estimate of amount or the cost of accomplishing the work described and delineated on the plans; and 12. Any other information required by the City Engineer. B. Exemptions: A plan shall not be required for construction activities which do not require a grading permit. C. For all exempt construction activities which involve clearing or grading, property owners are required to apply Best Management Practices as necessary to prevent and control erosion and sedimentation and other impacts associated with such activities. The City will make information about these requirements available through a variety of techniques, including public outreach programs, handout materials, and other educational efforts to assist property owners in meeting this obligation. D. The most recent version of the California Stormwater Quality Association Best Management Practice Handbook, Section 3 (http://www.cabmphandbooks.com/Construction.asp) should be used as a guide as to what measures should be taken for any particular set of circumstances. E. Phasing may be required on all sites disturbing greater than thirty acres, with the size of each phase to be established at plan review and as approved by the City Engineer. A. Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook, and shall be adequate to prevent transportation of sediment from the site to any offsite area to the satisfaction of the City Engineer. B. Clearing and grading of natural resources shall not be permitted, except when in compliance with all other chapters of this code. Clearing techniques that retain natural vegetation and drainage patterns, as described in the California Stormwater Quality Association Best Management Practice Handbook, shall be used to the satisfaction of the City Engineer. C. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. Page 4 of 10 Agenda Item No. D. The following general site and good housekeeping requirements shall be implemented and are special provisions of any grading permit issued: 1. Sufficient erosion and sediment control supplies shall be available on site during the rainy season (October through April) to protect areas susceptible to erosion during rain events. Contractors shall be prepared year-round to deploy erosion and sediment treatment control practices; 2. Soil disturbance work shall be conducted during dry weather whenever possible; 3. The contractor shall provide adequate materials management, including covering, securing, and segregating potentially toxic materials (asphalt, herbicides, pesticides, fertilizer, grease, oils, fuel, paints, stains, solvents, wood preservatives, etc.), and providing secondary containment for hazardous materials; 4. The contractor shall provide training and equipment to contain spills of oil and other hazardous materials; 5. Designated concrete washout areas shall be established at least fifty feet away from storm drain inlets or drainage facilities and away from the concrete truck access area so that construction traffic will not drive through wash waters. The wash out area shall have a bermed area of sufficient volume to completely contain all liquid and waste concrete material plus a sufficient freeboard for rainwater; 6. Paving operations shall be conducted in a manner that properly disposes of wastes and in which measures to control run on and prevent runoff from areas being paved are implemented; 7. Sanitary facilities of sufficient number and size to accommodate construction crews shall be located away from storm drain inlets and drainage facilities, and anchored to prevent being blown over or tipped by vandals. The facilities shall be maintained in good working order and emptied at regular intervals by a licensed sanitary waste hauler. E. The following erosion control requirements shall be incorporated in the grading and erosion control plans: 1. Soil stabilization shall be completed within five days of clearing or inactivity in construction; 2. Projects shall be designed to avoid disturbing land in sensitive areas and to preserve existing vegetation wherever possible; 3. Major grading operations shall be scheduled during dry months when practical, and shall allow adequate time before rainfall begins to stabilize the soil with erosion control materials; 4. Seeding and mulching shall be done as soon as grading is complete; Page 5 of 10 Agenda Item No. 5. If seeding or another vegetative erosion control method is used, the vegetative cover shall become established within a time -frame approved by the City Engineer, or the City Engineer may require the site to be reseeded or a non -vegetative option employed; 6. Special techniques that meet the design criteria outlined in the California Stormwater Quality Association Best Management Practice Handbook_ on steep slopes or in drainage ways shall be used to ensure stabilization; 7. Soil stockpiles must be stabilized and/or securely covered at the end of each workday; 8. In areas where permanent re -seeding and planting is not established at the close of the construction season, additional control measures shall be used, such as a heavy mulch layer or another method that does not require germination, to ensure soil stabilization at the site; 9. Where runoff needs to be diverted from one area and conveyed to another, earth dikes, drainage swales, slope drains or other suitable practice shall be constructed in accordance with the design criteria set forth in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook; 10. Techniques shall be employed to prevent the blowing- of dust or sediment from the site; 11. Techniques that deliver upland runoff past disturbed slopes shall be employed when determined necessary by the City Engineer. F. The following sediment control requirements shall be incorporated in the erosion control plan: 1. Linear sediment barriers shall be placed below the toe of exposed and erodible slopes, down-slope of exposed soil areas, around soil stockpiles, and at other appropriate locations along the site perimeter; 2. Street sweeping by the contractor shall be conducted on an as needed basis to remove sediment from streets and roadways and to prevent the sediment from entering storm drains or receiving waters; 3. Every storm drain inlet with the potential to receive sediment -laden runoff shall be protected in accordance with the design criteria set forth in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook. Inlet protection shall be inspected and maintained frequently; 4. Sediment basins or sediment traps shall be installed on projects where sediment - laden water may enter the drainage system or watercourses and in association with dikes, temporary channels, and pipes used to convey runoff from disturbed areas; Page 6 of 10 Agenda Item No. 5. Protection for adjacent properties by the use of a vegetated buffer strip in combination with other perimeter controls or other appropriate method, as described in the most recent version of the California Stormwater Quality Association Best Management Practice Handbook. G. The following waterway and watercourse protection requirements shall be implemented: 1. A temporary stream crossing installed and approved by the appropriate regulatory agencies if a wet watercourse will be crossed regularly during construction; 2. Stabilization of the watercourse channel before, during, and after any in -channel work; 3. All on-site stormwater conveyance channels shall be designed according to the criteria outlined in the California Stormwater Quality Association Best Management Practice Handbook; 4. Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. H. The following construction site access requirements shall be implemented: 1. A temporary access road provided at all sites; and 2. Other measures, such as track -out prevention devices, or as required by the City Engineer in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains. §9704: Construction site control measures. In addition to compliance with specific requirements contained in an approved permit, all holders of a grading permit shall establish and implement construction site management practices that will prevent toxic materials and other debris from entering the City's storm drainage and waterway systems, and thus cause adverse impacts to water quality. The following construction site practices are prohibited and constitute a violation of this ordinance: A. Improper storage of chemicals (pesticides, fertilizers, fuels, paints, thinners); B. Improper disposal of construction waste material, garbage, rubbish, sanitary waste, plaster, dry -wall, grout and gypsum; C. Failure to immediately clean up spills of toxic materials; D. Washing concrete truck washout or surplus concrete material into a street, catch basin, or other public facility or a related natural resource; Page 7 of 10 Agenda Item No. E. Leaving stockpiles uncovered; and/or F. Allowing construction vehicles to track or spill soil or debris into or onto a street or public right-of-way. A. The City Engineer shall make inspections as hereinafter required, and either shall approve that portion of the work completed or shall notify the holder of the grading permit wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work approved by the Public Works Department shall be maintained -at the site during the progress of the work. To obtain inspections, the holder of the grading permit shall notify the City Engineer at least two working days before the following: 1. Start of construction; 2. Installation of sediment and erosion measures; 3. Completion of site clearing; 4. Completion of rough grading; 5. Completion of final grading; 6. Close of the construction season; and 7. Completion of final landscaping. B. The holder of the grading permit or his or her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the plan and the need for additional control measures. All inspections shall be documented in written form, kept in an on-site file and at the time interval specified in the approved permit. C. The City Engineer, or designated agent, shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the inspection reports filed under subsection B of this section. A. Stop -Work Order; Revocation of Permit. In the event that any person holding a plan pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Engineer may suspend or revoke the grading permit. B. Violation and Penalties. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this ordinance. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, except that, notwithstanding any other provision of this Page 8 of 10 Agenda Item No. chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. Each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be penalized as set forth in Section 4090.21 of this Code. In addition to any other penalty authorized by this section or Section 4090.21, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of bringing the site into compliance with this Chapter. C. Appeals. Any person to whom a stop work order or revocation, grading permit or penalty is issued pursuant to these rules may appeal that determination to the City Manager. A stop work order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal. The notice of appeal must be in writing, and filed with the City Manager within fifteen days from the date of the notice being appealed. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the appellant believes the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant's objections, and the appeal shall be dismissed. Unless the appellant and the City agree to a longer time period, the appeal shall be heard by the City Manager or an impartial and qualified hearing officer appointed by him or her within thirty days of receipt of the notice of appeal. To be considered qualified, the hearing officer shall have substantial education, training and/or experience in construction, grading, engineering, or law. At least ten days prior to the hearing, the City shall mail notice of the time and place of the hearing to the appellant. The City Manager or a hearing officer shall hear and determine the appeal on the basis of the appellant's written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. -The hearing officer shall issue a written decision within ten days of the date of the hearing. The decision of the City Manager or hearing officer is final. 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), or 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment, In addition, the City Council finds that the ordinance is categorically exempt from CEQA as a Class 7 and Class 8 exemption for actions by regulatory agencies taken to protect natural resources and the environment. (14 CCR §§ 15307 and 15308.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof Page 9 of 10 Agenda Item No. irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Introduced by title only on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk Page 10 of 10 Agenda Item No. To: Ukiah City Council Members From: Ben Kageyama, Senior Civil Engineer Date: May 6, 2009 Re: Introduction of Ordinance of the City Council of the City of Ukiah Adding Chapter 7 to Division 9 of the Ukiah City Code, Entitled: Erosion and Sediment Control 0 Below are recommended revisions to the draft Erosion and Sediment Control Ordinance: 1. Section 9702 B: Exempt projects that disturb less than one acre, as follows: B. Exemptions: A plan shall not be required for construction activities which do not require a grading permit. Also, a plan shall not be required for projects that result in the disturbance of less than one acre, unless required by the Cit r�Engineer. 2. Section 9703 D1: List actual dates for rainy season, as follows: 1. Sufficient erosion and sediment control supplies shall be available on site during the rainy season (October 15th through April 15th) to protect areas susceptible to erosion during rain events. Contractors shall be prepared year-round to deploy erosion and sediment treatment control practices; 3. Section 9703 F2: Specify that street sweeping does not allow for washing streets or using cleaning fluids, as follows: 2. Street sweeping by the contractor shall be conducted on an as needed basis to remove sediment from streets and roadways and to prevent the sediment from entering storm drains or receiving waters. washing the street, or use of cleaning fluids shall not be allowed; ITEM NO.: MEETING DA REPORTAGENDA SUMMARY 10a 5/6/2009 SUBJECT: FURTHER CONSIDERATION AND POSSIBLE INTRODUCTION OF ORDINANCE REGULATING HOW MULTI -UNIT PROPERTIES AND APARTMENT BUILDINGS AND COMPLEXES CHARGE TENANTS FOR WATER AND SEWER SERVICE TO A MASTER METER SERVING THOSE FACILITIES. Summary: This matter was continued from the January 21, 2009, City Council meeting. An ordinance was submitted at that meeting. After discussing the proposed ordinance and hearing from the public, the City Council requested an ad hoc committee, consisting of Mayor Baldwin and Councilmember Thomas, to seek input from various stakeholders and to submit a revised ordinance for City Council consideration. The January 21, 2009, ASR is attached as Attachment 1. A revised ordinance is attached as Attachment 2. Attachment 3 is a redlined version of the revised ordinance, showing the changes from the previous proposal. The changes were requested by the subcommittee, after receiving comments from stakeholders. The subcommittee members can report on its investigation. The changes are summarized below. 1. The park or apartment owner ("Customer") may bill tenants for their proportional share ("Pro -Rata Share") of the City's charges for water and sewer service ("City Charges"). The revised ordinance only addresses how a Multi -Unit Property (a mobile home park or an apartment building or complex, consisting of 4 or more units) can pass-through to its tenants the City charges for water and sewer service. It no longer addresses how a Customer charges tenants for other costs of providing water and sewer service. It leaves the Continued on Paae 2 Recommended Action: Discuss and direct City Attorney to make changes to proposed ordinance. If City Council does not want to make any changes to the ordinance, pass a motion to introduce ordinance by title only, have the Deputy City Clerk read the ordinance title, followed by a motion to introduce the ordinance. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Council Prepared by: David J. Rapport, City Attorney Coordinated with: City Council subcommittee Attachments: Attachment 1 —ASR for 1/21/09 City Council meeting Attachment 2 — Revised version of ordinance Attachment 3- Redlined revised version of ordinance Approved: Ja Chambers, City Manager Subject: Consideration and possible introduction of ordinance Meeting Date: 3/15/09 Page 2 of 3 regulation of that to state law, including the Mobile Home Park Residency Law, which allows a mobile home park to charge separately for the cost of furnishing utilities or to include those costs in the rent. (See Civil Code §§ 798.31 and .41.) 2. Since the revised ordinance only regulates how the Customer charges its tenants for City water and sewer charges, it no longer requires the Customer to maintain detailed records on its cost of providing water and sewer service to tenants. The revised ordinance only requires the monthly bill to the tenant to include the total City Charges for the month and the computation used to allocate a portion of those charges to the tenant. The only records the ordinance requires a Multi -Unit Property to maintain are the City Charges and the computation of the tenants' pro -rata share of those charges for other months. The ordinance continues to require the Multi -Unit Property to make those limited records available for inspection and copying. 3. The Customer may submit a Monthly Utility Bill to the tenants. Section 3962 of the revised ordinance continues to address parks without submeters in subsection A and parks with submeters in subsection B. Removing the reference to "common areas" is the only change to subsection A. Subsection A simply divides the bill by the number of spaces to determine the amount charged to each space in the park. The change is based on the assumption that the Tenants benefit collectively from water available in common areas or used for irrigation of the common areas. Subsection B now separately addresses how the City bills for water service and sewer service are to be apportioned to Tenants. At the request of the subcommittee two options are presented in subsection B for calculating the Tenant's charges for water and sewer service, using submeters. Under Option 1 the bill for water service is apportioned based on submeter readings for the month covered by the City bill. This is done by creating a fraction which represents each Tenant's share of the bill. The denominator of the fraction is the total of all submeter readings. The numerator is the individual Tenant's submeter reading. For water and sewer the submeter readings are based on the month used to compute the City bill. For sewer service that month is January. Under Option 2 the Pro -Rata Share for water service is based on the per unit cost of the water covered by that bill.' Each Tenant is charged based on that per unit cost for the number of units of water measured through the Tenant's submeter. The Pro -Rata Share of the City Charges for sewer service is determined by multiplying by the applicable per unit charge for the low strength commercial sewer customer class (as established by City Council resolution) the number of units of water used by a Tenant as measured by the Tenant's Submeter for the month of January. The advantages and disadvantage of Option 1 are: Advantages a. Simplicity; Disadvantages a. Potentially charges Tenants for water they don't directly use. 'Total units of water reported in the bill divided into charge for water reported in the -bill. Subject: Consideration and possible introduction of ordinance Meeting Date: 3/15/09 Page 3 of 3 b. Avoids any disincentive to the use of submeters, because mobile home parks with and without submeters are both able to pass through the full amount of the City charges for water and sewer service. Under Option 2, the mobile home park only passes through the portion of the bill attributable to Tenant use as measured by the submeters. The advantages and disadvantages of Option 2 are: Advantages a. Tenants are only charged for portion of water they actually use. The Tenants are not charged for water used by the park itself such as for irrigation or common areas, or water use resulting from leaks in the pipes distributing water from the master meter to the submeters. b. Provides an economic incentive for park owners to repair leaks and use efficiently water not billed to the tenants. Disadvantages a. Disincentive to use submeters, because mobile home parks without submeters can pass through entire amount of City water and sewer bill to Tenants. b. Forces park owner to include cost of water used in common areas in rent or use charges 4. The enforcement provisions of the ordinance remain unchanged. Fiscal Impact: 7 Budgeted FY 08/09 0 New Appropriation ® Not Applicable Budget Amendment Required ATTACHMENT 1 ITE O.: MEETING DATE: 1/21/2009 SUBJECT: CONSIDERATION AND POSSIBLE INTRODUCTION OF ORDINANCE REGULATING HOW MOBILEHOME PARKS AND APARTMENT BUILDINGS AND COMPLEXES CHARGE TENANTS FOR WATER AND SEWER SERVICE TO A MASTER METER SERVING THOSE FACILITIES. At its meeting on November 5, 2008, the City Council directed the City Attorney to draft an ordinance regulating how mobilehome parks and apartment buildings and complexes charge tenants for water and sewer service to those facilities. These multi -unit developments receive_ water service through a master water meter. The individual tenants are not billed by the City. The landlord is legally obligated to pay the bill for water and sewer service to the entire property. Currently, the City Code does not regulate how these landlords can charge their tenants for water and sewer service furnished by the City. Tenants of the Harold Square Mobilehome Park complained to the City Council that the park is charging more for sewer service than the City charges the mobilehome park each month. They had other complaints about how the mobilehome park calculated the tenant's share of water and sewer charges from the City. At the November 5 City Council meeting, the City Council discussed various aspects of this problem. The Council endorsed the principle that the landlord should not bill its tenants more than the City charges the landlord for water and sewer service. The landlord should not make a profit on City furnished utilities. The Council also appeared to recognize that the landlord should be able to include in its utility bills to tenants any reasonable costs incurred by the landlord to furnish these services within the facility and to administer billing and collecting for these charges, as long as these costs are not already included in the tenant's rent. The California Mobilehome Park Residency Law also entitles a mobilehome park owner to separately bill tenants for utilities, if those costs are not already included in the tenant's rent. (See Cal. Civil Code §798.34.) The proposed ordinance attached as Attachment 1 contains the requested regulations. Those regulations are contained in a new Article 2 added to Chapter 6 of Division 4 of the Ukiah City Code. Division 4 is entitled: Utilities, and contains multiple Chapters separately addressing water service, sewer service and electric service. Chapter 1 governs water service, Chapter 2 regulates sewer service and Chapter 7 regulates electric service. The attached ordinance amends City Code Sections 3504, which is contained in Chapter 1, governing water service, and addresses the use of master meters at multi -unit residential developments, and 3707.1, which addresses the same subject in Chapter 7, governing sewer service. The changes are shown in redlined/strike out format in Attachment 2. The proposed ordinance adds a new Article 2 to Chapter 6 in Division 4 of the Code. Chapter 6 addresses the general subject of Utility Rates for all three utilities (water, sewer and electric). The proposed Article 2 regulates how multi -unit residential developments may charge tenants for water and sewer service. In summary, the proposed regulations require the following: 1. The park or apartment owner ("Customer") may bill tenants for their proportional share ("Pro -Rata Share") of the City's charges for water and sewer service ("City Charges"). It may also charge the tenants a monthly amount to recover the ordinary, necessary and reasonable cost of providing water and sewer service within the development ("Allowed Charges"). The components of the Allowed Charges are listed in the definitions section of the ordinance (§3960) in the definition of Allowed Charges. 2. A Customer may not charge tenants for Allowed Charges, if any component of those charges is included in rent charged to the Tenant. In other words, the landlord must decide whether to include Allowed Charges in rent or to bill the tenant separately for those costs. It can't do both. 3. The Customer must maintain at the mobilehome park or apartment building or complex Required Records, which are defined in Section 3960 to include financial records maintained in accordance with generally accepted accounting principles that will enable a tenant or the City to see what costs are included in Allowed Charges and how those charges are converted to a monthly billing amount, and what the City's charges are each month and how the Customer calculated each tenant's Pro -Rata Share of the City's charges. 4. The Customer may submit a Monthly Utility Bill to the tenants. The bill must be delivered to the tenant in the month following the month when the Customer receives a bill from the City. Submeter readings used to compute a Pro -Rata Share must reflect water usage in the same month used to compute the City Charges for water service or sewer service. This last provision will require Customers to bill for sewer service based on water usage in January rather than charging for sewer service based on water usage each month, as was allegedly the case at Harold Square. 5. The Monthly Utility Bill must separately state the Allowed Charges and the City Charges. This will enable a tenant to see how much of the City's charges to the landlord are being charged to the tenant. The bill must tell the tenant where the Required Records are kept and that the tenant or the City can inspect and copy those records during normal business hours. 6. The ordinance allows a Customer to determine a tenant's Pro -Rata Share of Allowed Charges and City Charges with or without the use of submeters. If submeters are not used, the Pro -Rata Share shall be determined by dividing the monthly Allowed Charges and City Charges by the number of mobilehome spaces or apartments and common areas within the Multi -Unit Property which receive water or sewer service. If submeters are used, the Customer may only charge tenants for the amount of water the tenants actually use as measured by the submeters. If there are leaks or if water measured through the master meter is used for other purposes than consumption by tenants, the Customer cannot pass the entire monthly charge for water service to the tenants. The tenants share of the monthly charge is calculated by multiplying the total of all the submeter readings for the month by the volumetric charge used by the City to calculate the Customer's monthly bill (the "Recoverable Charges") Each tenant's Pro -Rata share of that amount is determined by dividing the tenant's individual meter reading by the total submeter readings for that month and multiplying the Recoverable Charges by the resulting percentage or fraction. The Pro -Rata share of sewer charges is determined by dividing the tenant's individual meter reading by the total submeter readings for the month used to determine the City's sewer service charges (currently January) and multiplying the monthly sewer service charges by the resulting percentage or fraction. 7. The Ordinance contains enforcement provisions in Section 3963, which include making a violation an infraction punishable by a fine increasing from $100 to $500, for a first and subsequent offenses within one year. That section also creates a civil remedy which any tenant or the City can pursue by filing a law suit against the landlord to recover actual damages, a penalty of $1,000 or 10% of actual damages, whichever is higher, and, in the case of willful violations, treble damages. In addition, the prevailing party in any such action can recover its attorneys' fees. The fiscal impact of this ordinance will depend on whether the City uses the City Attorney to enforce it or whether the City primarily relies on tenants and Legal Service of Northern California to enforce it, using the civil remedy in Section 3963. If the City Council introduces the ordinance, it will be brought back at the next City Council meeting for adoption. Fiscal Impact: I "J Budgeted FY 08/091-1 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested • • A • A 1 The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. 1. Section 3504 of the Ukiah City Code is amended to read as follows: Except as expressly authorized by this Section 3504, not more than one dwelling shall be served from a single meter, except in the case of multiple dwellings, such as mobilehome parks, apartment buildings or complexes, hotels, and motels, when specifically authorized by the director of public works based on a determination that service from a single meter will not cause an undue burden or administrative difficulties for the city. Mobilehome parks and apartment buildings or apartment complexes, consisting of more than three apartments, shall receive water service through a single master meter and one person or entity (the "Customer"), such as the property owner, shall assume the legal obligation to pay for the service furnished through that master meter. Notwithstanding any other provision of this Code, the Customer may bill its tenants for their proportional share of the City's charges for that service in accordance with Article 2 of Chapter 6 of Division 4 of this Code, commencing with Section 3960. 2. Section 3707.1 of the Ukiah City Code is amended to read as follows: The rates set forth hereafter shall be the rates for all premises connected to public sewers within or under the jurisdiction and control of the city. These rates, including the provisions of any section in this Article 8 of Chapter 2 of Division 4 of this Code, shall be subject to modification and change which may be made by resolution of the City Council. These rates, although stated on a monthly basis, may be billed monthly, bimonthly, or quarterly as determined from time to time by the council. Charges for sewer services to any premises connected with the city water and/or electric systems shall be collected together with, and not separately from, the charges for services to said premises, and shall be billed upon one bill and collected as one item. The customer who applied for and assumed the obligation to pay for water service to the property is the person liable for sewer charges to the property served by that water service. In the case of multiple units served by a master water meter, one person or entity, such as the property owner, shall pay for and assume liability for sewer service to that property. Notwithstanding any other provision of this Code, the customer may bill its tenants for their proportional share of the City's charges for that service in accordance with Article 2 of Chapter 6 of Division 4 of this Code, commencing with Section 3960. This requirement shall not prevent tenants in a multi -unit residential property from exercising their rights under Public Utilities Code section 10009.1, including their option to become utility customers in accordance -with the requirements of that section, to whom the service will then be billed, without being required to pay the amount due on the delinquent account. Each premises or user connected to the public sewage system shall be classified under one of the following user categories and shall be subject to the rates specified for such category. Premises or users which are susceptible to classification under two (2) or more of such user categories shall be specially classified by city and shall be subject to rates established by city which shall allow for a reasonable usage allocation. 4. A new Article 2, entitled: Water and Sewer Pass-Throughs, is added to Chapter 6 of Division 4 of this Code to read as follows. DIVISION CHAPTER ARTICLE 2; WATER AND SEWER -• SECTIO 3960: DEFINITIONS. As used in this Article 2, the following terms shall have the following meanings: "City Charges" means the actual amount billed by the City each month to the Customer for water and sewer service to the master meter serving the Multi -Unit Property. "Customer" means the person or entity which has assumed the legal obligation to pay for water or sewer service, when that service is provided to a Multi -Unit Property. "Monthly Utility Bill" means the bill from the Customer to a Tenant for the Pro -Rata Share of City Charges. "Multi -Unit Property" means a mobilehome park as defined in California Civil Code Section 798.4 or an apartment building or complex, consisting of more than three apartments. "Pro -Rata Share" means the amount of City Charges which the Customer may bill to a Tenant each month. City Charges must be recovered in monthly billings to the Tenants. "Required Records" means the monthly bill to the Customer from the City of Ukiah for water and sewer service to the master meter and the computation of the Pro -Rata Share. "Submeter" means a meter installed on a Multi -Unit Property for measuring water use in an individual apartment or mobilehome occupying a rented mobilehome space. Submeters may be used at a Multi -Unit Property only if they are installed in each apartment or space and all common areas, such as laundry facilities, receiving water or sewer service. "Tenant" means the person or persons who rent a space in a mobilehome park or an apartment in an apartment building or complex. "Unit of water" means one hundred cubic feet ("hcf") of water. A Customer may submit a Monthly Utility Bill to a Tenant for his or her Pro -Rata Share of City Charges in accordance with this Article. Monthly Utility Bills must be delivered to and payable by a Tenant each month. The bill must contain the Required Records for the month for which the Tenant is being billed. The bill must describe the location within the Multi -Unit Property where Required Records for other months are located and shall state that any Tenant and the City shall have access to these records during regular business hours and the right to examine, audit or copy them. In addition, a Customer may provide Tenants and the City internet access to Required Records. A. No Submeters. For a Multi -Unit Property that does not use Submeters, the Pro -Rata Share shall be determined by dividing the City Charges by the number of mobilehome spaces or apartments within the Multi -Unit Property which receive water or. sewer service. The result of that computation shall be the Pro -Rata Share for that month. [Option 1] B. Submeters. For a Multi -Unit Property that uses Submeters, the Pro -Rata Share for water service shall be determined by dividing each Tenant's Submeter reading for the month covered by the City Charges by the total of all of the Submeter readings in that month. The resulting percentage or fraction shall be multiplied by the City Charges for water service. The product of that computation is that Tenant's Pro -Rata Share of the City Charges for water service. The Pro -Rata Share of the City Charge for sewer service shall be computed in the same way, except that Submeter readings for January shall be used. [Option 2] B. Submeters. For a Multi -Unit Property that uses submeters, the Pro -Rata Share for water service shall be based on a per unit cost determined by dividing the total bill by the total number of units of water covered by the bill. Each Tenant shall be charged that per unit charge for the number of units of water measured through the Tenant"s submeter for that same month. The Pro -Rata Share of the City Charges for sewer service shall be determined by multiplying the number of units of water used by a Tenant as measured by the Submeter for the month of January by the applicable per unit charge for a low strength commercial customer as established by City Council resolution. A. Any person, firm or corporation violating any of the provisions of this Article shall be guilty of an infraction. Every such violation is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation within one year. B. A violation of any provision of this Article by any person, firm or corporation shall be subject to a civil action in any court of competent jurisdiction, including the small claims court, by a Tenant, Tenant's Association or the City of Ukiah, by its City Attorney, to recover any damages caused by the violation, including a refund of excess City Charges or Allowed Charges and a civil penalty of $1,000 or 10% of actual damages, whichever is higher. For any willful violation, the Tenant, Tenant's Association or City may recover treble damages. Nothing in this subsection B shall prohibit the filing of an action as authorized herein as a class action. The prevailing party in any action filed pursuant to this subsection shall be entitled to recover its reasonable attorneys' fees to be determined by the court. SECTION THREE 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment. 2. SEVERABILITY. The provisions of this Ordinance are not intended to limit or conflict with any provision in Civil Code, Division 2, Part 2, Title 2, Chapter 2.5, commencing with Section 798, and, in partuclar, Article 4, thereof, commencing with Section 798.30. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phil Baldwin, Mayor ATTEST: Linda Brown, City Clerk ATTACHMENT 3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 3504 AND 3707.1 OF THE UKIAH CITY CODE, AND ADDING A NEW ARTICLE 2, ENTITLED: WATER AND SEWER PASS-THROUGHS TO CHAPTER 6 OF DIVISION 4 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. 1. Section 3504 of the Ukiah City Code is amended to read as follows: 3504: JOINT USE OF WATER SERVICE: Except as expressly authorized by this Section 3504, not more than one dwelling shall be served from a single meter, except in the case of multiple dwellings, such as mobilehome parks, apartment buildings or complexes, hotels, and motels, when specifically authorized by the director of public works based on a determination that service from a single meter will not cause an undue burden or administrative difficulties for the city. Mobilehome parks and apartment buildings or apartment complexes, consisting of more than three apartments, shall receive water service through a single master meter and one person or entity (the "Customer"), such as the property owner, shall assume the legal obligation to pay for the service furnished through that master meter. Notwithstanding any other provision of this Code, the Customer may bill its tenants for their proportional share of the City's charges for that service in accordance with Article 2 of Chapter 6 of Division 4 of this Code, commencing with Section 3960. 2. Section 3707.1 of the Ukiah City Code is amended to read as follows: 3707.1: RATES: The rates set forth hereafter shall be the rates for all premises connected to public sewers within or under the jurisdiction and control of the city. These rates, including the provisions of any section in this Article 8 of Chapter 2 of Division 4 of this Code, shall be subject to modification and change which may be made by resolution of the City Council. These rates, although stated on a monthly basis, may be billed monthly, bimonthly, or quarterly as determined from time to time by the council. Charges for sewer services to any premises connected with the city water and/or electric systems shall be collected together with, and not separately from, the charges for services to said premises, and shall be billed upon one bill and collected as one item. The customer who applied for and assumed the obligation to pay for water service to the property is the person liable for sewer charges to the property served by that water service. In the case of multiple units served by a master water meter, one person or entity, such as the property owner, shall pay for and assume liability for sewer service to that property. Notwithstanding any other provision of this Code, the customer may bill its tenants for their proportional share of the City's charges for that service in accordance with Article 2 of Chapter 6 of Division 4 of this Code, commencing with Section 3960. This requirement shall not prevent tenants in a multi -unit residential property from exercising their rights under Public Utilities Code section 10009. 1, including their option to become utility customers in accordance with the requirements of that section, to whom the service will then be billed, without being required to pay the amount due on the delinquent account.. Each premises or user connected to the public sewage system shall be classified under one of the following user categories and shall be subject to the rates specified for such category. Premises or users which are susceptible to classification under two (2) or more of such user categories shall be specially classified by city and shall be subject to rates established by city which shall allow for a reasonable usage allocation. 4. A new Article 2, entitled: Water and Sewer Pass-Throughs, is added to Chapter 6 of Division 4 of this Code to read as follows. DIVISION 4; UTILITIES CHAPTER 6; UTILITY RATES ARTICLE 2; WATER AND SEWER PASS-THROUGHS SECTION 3960: DEFINITIONS. As used in this Article 2, the following terms shall have the following meanings: --- -----_--------------------------------------------------------------------------------------------------------------- ,'City Charges"_means the -actual -amount billed-by_the City --------------------------------------------------------each month tthe Customer fr water and sewer service to the master meter serving the Multi -Unit Property. "Customer" means the person or entity which has assumed the legal obligation to pay for water or sewer service, when that service is provided to a Multi -Unit Property. "Monthly Utility Bill" means the bill from the Customer to a Tenant for the Pro -Rata Share of City Chargesff_____________________________________ - ___________________________-_________________________________________________________-- "Multi-Unit Property" means a mobilehome park as defined in California Civil Code Section 798.4 or an apartment building or complex, consisting of more than three apartments. "Pro -Rata Share" means the amount of4City_Charges which the Customer may bill to_a Tenant each month.Cit Charges must be recovered in_monthly_billings to the Tenants. "Required Records" means Jhe monthly_bill to the Customer fro m_the City_of Ukiah for water and sewer service to the master meter and the computation of the Pro -Rata Share. laundryareas, such as - •wateror - - Deleted* ¶ "Allowed Charges" means the ordinary, necessary and reasonable costs of providing water and sewer service to the Tenants in a Multi -Unit Property, including the capital costs of providing on-site facilities to deliver water and to collect sewage; facilities and submeters for measuring water use by each tenant; the debt service of financing the construction of these facilities; the costs to maintain, repair and replace these facilities; and the costs to administer utility billing by the Customer. Allowed Charges do not include City Charges. ¶ Deteted: ¶ Deleted: and Allowed Charges Deleted: The bill shall be delivered to the Tenant in the month following the month during which the Customer receives a bill from the City for water or sewer service. Submeter readings used to compute a Pro -Rata Share must reflect water usage in the same month used to compute the City Charges for water service or sewer service.¶ Deleted: Allowed Charges and Deleted: Allowed Deleted: financial records maintained in accordance with generally accepted accounting principles, capable of being audited, which reflect all Allowed Charges included in a Monthly Utility Bill and a separate record showing how the Allowed Charges were computed and converted to a monthly charge. The records must contain sufficient information to determine whether any component of the Allowed Charges is included in the rent. Required Records must also include "Tenant" means the person or persons who rent a space in a mobilehome park or an apartment in an apartment building or complex. SECTION 3961: BILLING TENANTS FOR WATER OR SEWER SERVICE. A Customer may submit a Monthly Utility Bill to a Tenant for his or her Pro -Rata Share of City Charges jn accordance with this Article. Deleted: and All°wed Charges ------------------------------------------------------------------------------------------------------- , prlthly_Utility Bills must be -delivered -to and_payable_by_ a_Tenant_each month__ The bill must __- Deleted: Allowed charges may be Contain the Required Records for the month for which the Tenant is beimlled. T bihe bill must included in the Monthly Utility Bill only __ if those charges are not included in describe the location within the Multi -Unit Property where Required Records for other months are the rent. If any component of Allowed located and shall state that an Tenant d the Cit shall hto these records during Charges is Included in the rent, all any any have access g Allowed Charges shall be deemed regular business hours and the right to examine, audit or copy them. In addition, a Customer may included in the rent.¶ provide Tenants and the City internet access to Required Records, ¶ Deleted: The bills must separately state City Charges and Allowed SECTION 3962: COMPUTING THE PRO -RATA SHARE. Charges. Deleted: . A. No ubmeters, For aMulti-Unit Property that does not use ubmeters,_the Pro -Rata Share________` M1____ Deleted: s shall be determined by dividing thegCity Charges by the number of mobilehome spaces or Deleted: s apartments and common areas within the Multi -Unit Property which receive water or sewer service. Deleted: monthly Allowed charges The result of that computation shall be the Pro -Rata Share for that month. and [Option 1] B. Submeters. For aMulti-Unit Property that uses ubmeters, the_Pro-Rata Share for Deleted: s water service shall be determined by dividing each Tenant's Submeter reading for the month Deleted: covered b the he City Charges by the total of all of the submeter readings in that month. _ The _____ "_- Deleted: m°mthly. s resulting percentage or fraction shall be multiplied by the&City Charges for water�service_ The _ Deleted: s product of that computation is that Tenant's Pro -Rata Share of the City Charges for water service. Deleted: monthly bill from the City The Pro -Rata Share of the City Charges for sewer service shall be determined by the same computation using the Submeter readings for the month used to determine the City Charges for Deleted: or sewer sewer service. MUM 1112N W If SECTION 3963: PENALTIES AND REMEDIES FOR VIOLATION A. Any person, firm or corporation violating any of the provisions of this Article shall be guilty of an infraction. Every such violation is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation within one year. B. A violation of any provision of this Article by any person, firm or corporation shall be subject to a civil action in any court of competent jurisdiction, including the small claims court, by a Tenant, Tenant's Association or the City of Ukiah, by its City Attorney, to recover any damages caused by the violation, including a refund of excess City Charges or Allowed Charges and a civil penalty of $1,000 or 10% of actual damages, whichever is higher. For any willful violation, thefienant, Tenant's Association or City may recover treble damages. Nothing in this subsection B shall prohibit the filing of an action as authorized herein as a class action. The prevailing party in any action filed pursuant to this subsection shall be entitled to recover its reasonable attorneys' fees to be determined by the court. SECTION THREE 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the.activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment. 2. SEVERABILITY. The provisions of this Ordinance are not intended to limit or conflict with any provision in Civil Code, Division 2 Part 2 Title 2, Chapter 2.5 commencing with Section 798 and in partuclar, Article 4, thereof commencing with Section 798.30 if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phil Baldwin, Mayor ATTEST: Linda Brown, City Clerk ITEM O.: 10b FETING DATE: May 6, 2009 City gJ_'Z1kiah SUBJECT: DISCUSSION AND APPROVAL OF THE CITY VIEW TRAIL PROJECT SUMMARY: The City Paths, Open Space and Creeks Commission have been working with the Ukiah Valley Trails Group and Staff to plan and construct a hiking trail on the City -owned property above the Municipal Golf Course. The 1.5 mile trail would begin and end at the same location in Low Gap Park, be constructed entirely on City -owned property, and would not connect to any roads, streets, private property, or other trails. A number of design, safety, and compatibility issues have been explored and resolved and the Paths, Open Space, and Creeks Commission is recommending that the City Council approve the Mitigated Negative Declaration prepared for the project, approve the trail design, and authorize project construction to proceed. BACKGROUND: The Commission and City Council first discussed the concept of a hiking trail on City - owned land in 2005 and the Council directed the Commission to continue its efforts and to explore and attempt to resolve issues. In 2007, the Commission, with a City Council Resolution of support, worked with the Ukiah Valley Trails Group (UVTG) to apply for a small Mendocino County Tobacco Settlement Grant to design and construct the trail. The grant was awarded to the UVTG and they have been working with the Commission and Staff to select a route, design the trail, resolve issues, and move the project forward. Details of the proposed trail and its route are included on page 2 of the attached Mitigated Negative Declaration. Fiscal Impact: Budgeted FY 08/09 F-1NewAppropriation ® Not Applicable Budget Amendment Required Continued on Paae 2 Recommended Action(s): 1) Approve the Mitigated Negative Declaration; and 2) Approve the City View Trail Project and authorize Staff to finalize and execute the required construction Agreement and proceed with construction of the trail. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Paths, Open Space and Creeks Commission Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager Attachments: 1. 2007 Grant Resolution 2. Mitigated Negative Declaration (previously distributed) 3. Corresoondence received F Approved: �Ie Chambers, City Manager Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 2 of 10 GENERAL PLAN VISION STATEMENT: There is direction contained in the General Plan to create beautiful public places and increase outdoor recreation. Specifically, the General Plan Vision Statement includes the following language: "We envision pleasant places for people to come together, beautiful public places..." "We envision outdoor recreation development..." The trail would provide a pleasant and beautiful public place and contribute to needed outdoor recreational development in the City. Accordingly, it is concluded that the trail is consistent with the General Plan Vision Statement. ISSUES: The Commission met with various Staff members and conducted a meeting with adjoining property owners to discuss issues associated with the construction and use of a public trail on the property. The issues included fire protection and emergency response, trail maintenance, liability, trespassing/vandalism on adjoining properties, and whether or not the trail should be open to mountain bikes. Fire Protection and Emergency Response The Commission met with the Fire Marshall to discuss the project and organized a hike to continue the discussions on the actual trail route. The Fire Marshall hiked the trail and expressed concerns about fire hazards and emergency response, and helped identify possible solutions with Commission members. The following measures were included in the recommended Mitigated Negative Declaration to off -set potential fire protection and emergency response impacts: 1. The project sponsors shall work with Mendocino County to display Red Flag Warning Day signage at the existing signage display area located near the entrance to Low Gap Park during days of extremely high wildland fire danger, as directed by the City Fire Marshal, 2. The project sponsors shall work with the City Fire Marshall on an on-going basis to establish additional trail access points for emergency responders across City -owned lands abutting the subject property. 3. The project sponsors shall work with Mendocino County to display Fire Safety Information/Instructions approved by the Ukiah Fire Marshal at the existing signage display area located near the entrance to Low Gap Park before the trail is open to the public. 4. The project sponsors shall work with Mendocino County to have No Smoking signs displayed at the existing signage display area located near the entrance to Low Gap Park before the trail is open to the public. Additionally, the Fire Marshal has indicated that he will patrol the trail during Red Flag Warning Days to ensure that the trail is closed to the public. Over the past several years an average of approximately 10 Red Flag Warning Days have been declared during the hottest and driest time of year. Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 3 of 10 Trail Maintenance Based on the design and relatively short distance of the hiking trail, maintenance is anticipated to be minor. While the Ukiah Valley Trails Group has indicated that they cannot assume complete responsibility for maintenance, they are committed to providing a volunteer work crew approximately once every three years to perform simple maintenance. City Staff may be needed to perform chain saw work to remove an occasional downed tree. The Community Services Department has indicated that the trail will not require a burdensome amount of Staff time to perform occasional maintenance, particularly in light of the maintenance commitment from the Ukiah Valley Trails Group. Liability Once the trail is constructed, the City Council will be asked to amend the City Code to include the trail on the list of City park facilities, and it will be added and included in our parks liability insurance coverage. Trespassing/Vandalism The Commission met with and received written correspondence (attached) from adjoining property owners who expressed concern about potential trespassing and vandalism to their properties. In response, the route of the trail was modified to be located further from private property, and signage is planned stating "Private Property — Please Respect Our Neighbors." The signage will only be posted if the neighboring property owners desire it. The Commission, UVTG, and Staff intend to continue communication with nearby property owners to explore any other feasible ways to discourage hikers from leaving the trail. Mountain Bikes The Ukiah Valley Trails Group is strongly supportive of and dedicated to multi -use trails. Ideally, they would prefer that the City View Trail be open to mountain bikers as well as hikers. However, after considerable discussion with the Paths, Open Space and Creeks Commission, and an acknowledgement that this issue was controversial and not easily resolved, all interested parties concluded that it was more important to construct the trail than to belabor the debate. All parties found the wisdom in creating solidarity so the hiking trail project could move forward. Additionally, the recommended Mitigated Negative Declaration assumed that the trail would be limited to hikers, and to allow mountain bikers would require the document to be revised and re -circulated for public review. This would take time and present further delays for the project. The Paths, Open Space and Creeks Commission voted 5-0 to present the following statement and recommendation concerning this issue: 1. POSCC would like to thank everyone involved with the City View Trail project over the past four years, especially the Ukiah Valley Trail Group who has helped fundraise and plan for the actual construction of the project. We hope that this project will provide a model for continued collaboration on creating trails for the health and well being of our community. 2. POSCC believes that there is a pent up demand for trail access in and around Ukiah, from hikers, bikers and equestrians, from young and old, families and individual, all wanting to enjoy the outdoors. We recognize that there is a shortage of trails in the area and that the Ukiah Valley Trail Group has a goal of adding 40 miles of multi -use trails to Ukiah and environs. Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 4 of 10 3. The only existing access to the proposed City View Trail is currently limited to pedestrians only. 4. POSCC recommends that the City View Trail be designated as a pedestrian trail. If proposals are brought to POSCC in the future requesting to change the use designation of the City View Trail to multi -use, POSCC will consider such proposals and make recommendations. TRAIL CONSTRUCTION: The Ukiah Valley Trails Group has received an acceptable bid and is prepared to contract with a one-man trail builder to construct the trail. A specialized trail building machine would be used that is quick and efficient and does not over -cut or unnecessarily damage the environment. The Trails Group envisions a volunteer work party to assist with the effort, and total construction time is estimated at approximately 12 days. The UVTG will be required to enter into an MOU/Agreement with the City to ensure that the trail is constructed according to plan and to ensure all insurance requirements are satisfied. COST AND FUNDING: The total cost of the project is $15,000 and the Mendocino County Tobacco Settlement Grant totaled $9,380. The Ukiah Valley Trails Groups has committed the $5,620 gap funding to complete the project. Staff time during construction will include visiting the site to ensure that the trail is being constructed according to plan, and that all required mitigation measures are complied with. Ongoing Staff time will involve occasional visits by the Fire Marshal during Red Flag Warning Days and Community Services Staff if alerted about a downed tree or other safety issue. CORRESPONDENCE RECEIVED: Correspondence was received from neighboring property owners Laurie Spence and Dale Harrison (June 2008) who expressed concerns about fire hazards and trespassing. Measures have been taken to address these concerns and ongoing communication is planned as a way of monitoring the issues. Correspondence was also received from the California Native Plant Society whose representatives hiked the trail route with the UVTG and expressed support for the trail. They also presented a number of recommendations that were considered and which led to route modifications and revised trail construction methods. Correspondence was also received from Mr. Dan Holbrook expressing support for the project and a recommendation that it be established as a hiking only trail. ENVIRONMENTAL REVIEW: Staff prepared an Initial Environmental Study for the proposed project to determine if it would have significant adverse impacts on the environment. Based on the review of the proposed project, site and surrounding areas, potential impacts were identified and mitigation measures recommended for potential impacts to aesthetics, Air Quality, biological resources, cultural resources geology and soils, hydrology and water quality); and fire protection. A list of the Mitigation Measures is included on page 8 of the Initial Environmental Study. The document was publically noticed and distributed for public review and comment, and no comments were submitted. Staff is recommending approval of a Mitigated Negative Declaration. Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 5 of 10 CONCLUSION: In 2005, the Paths, Open Space and Creeks Commission and City Council discussed a possible public hiking trail on the city -owned property above the golf course. Issues and concerns were raised by the Council and public, and the concept was shaped and refined by the Commission to address these concerns and issues. With the assistance of the Ukiah Valley Trails Group, a not for profit organization dedicated to public trail building, and the support of the City Council, a grant was secured to assist in the funding to finalize a design and construct the trail. The Commission, Ukiah Valley Trails Group and Staff have worked with the Fire Marshal, Community Services Department, Public Works Department and adjoining/nearby property owners to identify and resolve issues associated with the project. The Paths, Open Space and Creeks Commission believe that the issues have been resolved and that the project is ready to move forward. 11:14 i7 ilii _ • 1) Approve the Mitigated Negative Declaration; and 2) Approve the City View Trail Project and authorize Staff to finalize and execute the required construction Agreement and proceed with construction of the trail. Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 6 of 10 Attachment # U1101M 1. The Ukiah General Plan Open Space and Conservation Element encourages the investigation of suitable sites in the hillside area for the construction of hiking trails; and 2. The City of Ukiah Paths, Open Space, and Creeks Commission has been discussing and exploring the concept of constructing a hiking trail on City -owned land west and northwest of the golf course; and 3. The City Council discussed and endorsed the concept of a hiking trail on City -owned land in 2006, and directed the Commission to continue its efforts, and to explore and attempt to resolve identified issues; and 4. While the Commission has not yet resolved the maintenance, liability and fire protection issues, it has identified a potential funding source and desires to pursue the grant funds in the event that the outstanding issues can be resolved. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby supports the filing of the grant application to the Mendocino County Tobacco Settlement Advisory Committee for the design and construction of a hiking trail on City -Owned property, PASSED AND ADOPTED this 5th day of September 2007, by the following roll call vote: AYES: Councilmember Thomas, Crane, McCowen, and Baldwin NOES: None ABSTAIN: None ABSENT: Mayor Rodin TT Lin•a Brow—n7ActiMg City Clerk Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 7 of 10 Affachment # 3-1 Charley Stump From: Laurie Ellen [laurieelien@sbcglobal.net] Sent: Wednesday, June 04, 2008 11:36 PM To: Charley Stump; Sage Sangiacomo; dale harrison; laurie ellen Subject: CityVlew Trail Planning, homeowner response from Spence and Harrison Dear Charley Stump: This note is in response to your Meeting Invitation for the CityView Trail Planning meeting on June 16th. As private property owners at the top of Maple Avenue, and the closest property to your planned trail map,. my husband and I would like share a few ideas, however we will be out of the state on June 16th. In lieu of attending your meeting, we are sending this note. Please acknowledge receipt of this letter in the minutes of the meeting so that our voice is part of the public response, First, the idea of a formal trail in this area is basically good. Second, we are concerned about the proximity of this trail to our land. The black boundary lines on your map seem to be a bit offset to the east. In actuality, the planned trail line is closer to our southwest corner than it appears. In the past, we have had problems with trespassers following a trail marker just south of the vernal pool that says something like '...to the wilderness and beyond, home of newts and frogs. Proceed at your own risk...'. That trail then leads to the seasonal creek, across which deer trails lead to our property. We have had trespassers camp on our property, leaving filth and evidence of fires, and we have had items stolen, such as a hammock hanging an trees. I have complained to the city a few times in the past, asking especially that that sign be removed or reworded, yet nothing has been done about it. The properties north and south of us already have fences along their western borders. We have not put one up because we do not want to discourage the wildlife and because part of our western boundary is very rocky and steep. However, if this trail is created, we request that the city help us put up an appropriate gated (for our access) and marked fence along this boundary. Third, we are concerned about fire safety for us and for all of the adjacent properties. In the past, we have cooperated with the fire department and others in giving access to try to maintain a fire safe zone in this area. We would hope that all efforts would be made to continue reducing fire hazard for these properties that are particularly at risk due to the prevailing winds through Low Gap. Thank you very much for your consideration. Please let us know that you have received this note. We would be happy to discuss any of this with you during this next week. Perhaps we will see you at the Pomolita graduation on Thursday. Sincerely Yours, Laurie E M Spence and Dale Harrison Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 8 of 10 Affachment # 3,2, To Ukiah City Council and Staff and the members of the Parks, Open Space and Creeks Commission (POSCO), Members of the local San Hedrin chapter of the California Native Plant Society (CNPS) hiked and informally surveyed the native plant habitats that will be traversed by the proposed City View trail. The members present were in favor of construction of this trail as a means to gain access to a variety of plant habitats witlun close proximity of the city of Ukiah. The trail will be remarkable in that it will pass through several types of plant communities in a relatively small area, including several healthy, relatively exotic -free native grass stands. This description of plant communities is not meant as a formal or thorough description of the plants present on the property. The purpose is to show the value of access to the community and to voice the desires and concerns of the CNPS members present on the outing. The first plant community encountered on the route of the proposed trail is a wonderful native grass meadow that includes a large stand of Idaho fescue (Festuca idahoensis). The proposed trail will stay out of this somewhat unusual area as much as possible. CNPS members request that the trail be hand -built and narrower in this area to minimize disruption to the meadow. The meadow includes a contained area of Harding grass (Phalaris aquatica). We recommend elimination of this grass and revegetation with native species. The lower northeast -facing slope traversed by the proposed trail is dominated by Mountain mahogany (Cercocaipus betuloides). There are many exotic plants in this area including Italian thistle (Cardutispycnocephalus), Hedge parsley (Torilis anensis) and several exotic grasses. The trail enters a mixed hardwood forest on the north -facing slope. The primary trees on this slope are madrone (Arbutus menziesi) and live oak (Quercus chtysolepsis andlor parvula), with a scattering of Douglas fir (Psuedotsuga inenziesh), redwoods (Sequoia setupervirens) and California nutneg (Torreya californica). The California nutmeg should be preserved during trail construction, as it is an uncommon species in our area. The next distinct community encountered is on a serpentine knoll. Serpentine is a soil type that is high in magnesium and heavy metals and low fii calcium, potassium, nitrogen and phosphorus. This serpentine area contains several fragile and locally unusual plants including scythe -leaved onion (Allium falcifolium), and Douglas' violet (Viola douglasii). The Idaho fescue grows up the North -facing slope to this knoll. Squirreltail Grass (Elynius multisetus) is present in the open areas as well as Goldfields (Lesthenia californica) and Minute Willowherb (Epilobium minutum), This area should be preserved through signage that provides education. The trail continues as a loop on an East -facing slope of mixed hardwoods. There are some larger redwoods encountered, along with Tanoak (Lithocatpus densillorus). There are some wonderful stands of California fescue (Festuca californica). There are also Subject: Approval of City View Trail Project Meeting Date: May 6, 2009 Page 9 of 10 Affachment # 13 "72 some stands of many small redwoods growing close together. The trail loops back through this environment to the serpentine knoll. Thank you for your consideration of this project and our concerns. Sincerely, Chuck Williams, CNPS President Marigold Klein, CNPS Member Steven Stocksteder, CNPS Member and Docent coordinator for Ridgewood Ranch Nature Conservancy Tara Athan, CNPS member and Inland Mendocino Cooperative Weed Management Area (11\4CWMA) coordinator Andrea Davis, CNPS member and Ukiah Valley Trail Group secretary Kate Marianchild, CNPS member Subject: Approval ofCity View Trail Project Meeting Date: May O.20OA Page 1Oof10 Dan W. Holbrook Affachment #~ ' 115,8 Maple Avenue, Ukiah, CA 95482 Email,: y6dqf9il2@yahoo.com 4/20/D Charlie Stump, Director of Planning and Community Development Aoone ofthe fhrstfive member ofPOSCC' I am dismayed to hear that the proposed "City View Trail' is again under pressure to accommodate bicycles. As a founding father of this project tothe City Council cluringmytenure oyChairperson)'Ican vouch that it was conceived as a pocket wilderness and presented to the council and public as strictly a low impact foot trail. The city Department of Planning and Community Development paperwork (CEQAMitigated Negative Declaration) also presents fheproposal oon"1.5 mile hiking tnoii"Charlie Stump, ufnumerous meetings, uyalways made itclear that the city would only support uhiking trail. Although I respect and support the Ukiah Valley Trail Group and their trail network goals, Idonot buy the precept that all trails must baassessable toeveryone. While the established trails the UVTG have rerouted and repaired seem ideal for multiple -use and are a fantastic asset to the community, building a heavy duty multiple -use trail into the city property would be like building a freeway into a wilderness. The terrain is steep, sensitive, ill-suited for major construction, and may create excessive liability and maintenance. The access trails through the Low Gap C6unty Park already exclude bikes and )tseems imprudent for the city todootherwise. � ' U�����inn�#�����f�"����oif��r�",��n�oquiet walk in the woods. Zneed the opportunity to sneak upufuflock of turkeys, the time observe wildflowers & mushrooms, and fnhear the sounds nfnature -undisturbed by helmeted speeding lycra suited two wheelers. The distinction between walking and the athletic event of mountain biking seems clear. In The Netherlands, perhaps the bike path network capital of the world, foot trails are also provided. Outside of the Yoila Dolly and Kings Range Wilderness, how many miles of foot trails are available in Mendocino County, let alone Ukiah Valley? Compare that to literally hundreds, probably thousands, of miles of secondary, unimproved, logging roads and multi -use trails available to bikers. Inclosing, Zbelieve the citizens ofUkiah deserve oconvenient place toget away -a pocket wilderness accessible only 6vfoot. And Charlie, please share myfeeling with the City Council. ATTACMI CITY OF UKIAH Department of Planning & Community Development ., 300 Seminary Avenue, Ukiah, CA 95482 Notice of • Availability and Intent to Adopt a CEQA Mitigated Negative Declaration NOTICE IS HEREBY GIVEN that a Mitigated Negative Declaration has been prepared for the City of Ukiah City View Trail project, and is available for public review and comment. The document can be reviewed at the City of Ukiah Department of Planning and Community Development, Civic Center, 300 Seminary Avenue, Ukiah, California. PUBLIC REVIEW AND COMMENT PERIOD: March 11, 2009 through April 9, 2009. The Mitigated Negative Declaration and associated Initial Study conclude that while the project does have the potential to produce significant adverse impacts on the environment, the impacts can be successfully offset by a mitigation measure program. Impacts and mitigation measures have been identified that relate to Aesthetics, air quality, cultural resources, geology/soils, and Fire Protection. PROJECT DESCRIPTION: The project involves the development of a 1.5 mile hiking trail on the City -owned property above the Municipal Golf Course in the lower western hills. The looped trail would begin and end at a point in Low Gap Regional Park. It would include a series of switchbacks to the bluffs above the City's municipal golf course, and extend in a southerly direction for approximately one half mile along a relatively even contour, with several gully crossings, and then back to the north on a separate trail that will reconnect with the original trail near the bluff top to form the loop. Almost the entire trail system will be situated beneath the natural forest canopy that covers the bluff areas, with views of the Ukiah Valley and its urbanized areas provided at several scenic overlooks that are not highly visible to persons below. PROJECT LOCATION: The project site is located at Low Gap Park — Above the City of Ukiah Municipal Golf Course, Ukiah, Mendocino County, CA. NOTICE IS HEREBY ALSO GIVEN that the project site is not on any list of hazardous waste disposal sites pursuant to section 65962.5 of the CA Government Code. SUBMITTAL OF WRITTEN COMMENTS: All written comments on the proposed Mitigated Negative Declaration must be submitted by 5:00 p.m. on April 9, 2009 to Charley Stump, Director of Planning and Community Development, 300 Seminary Avenue, Ukiah. The City Planning Commission will conduct a public hearing to consider the Mitigated Negative Declaration and project at a later date. A separate public notice will be provided for that public hearing. s/ Charley Stump, Director of Planning and Community Development. MAILED AND POSTED: March 11, 2009. M Ukiah it ie Trail PROJECT: Ukiah City View Trail DATE: March 6 2009 APPLICANTS: City of Ukiah Community Services Department LOCATION: Low Gap Park — Above the Ukiah Municipal Golf Course PROJECT DESCRIPTION: The project involves the development of a 1.5 mile hiking trail on the City -owned property above the Municipal Golf Course in the lower western hills. The looped trail would begin and end' at a point in Low Gap Regional Park. It would include a seriesof switchbacks to the bluffs above the City's municipal golf course, and extend in a southerly direction for approximately one half mile along a relatively even contour, with several gully crossings, and then back to the north on a separate trail that will reconnect with the `original `itrail near the bluff top to form the loop. Almost the entire trail system will be situated beneath the natural forest canopy that covers the bluff areas, with views of the Ukiah Valley and its urbanized areas provided at several scenic overlooks that are not highly visible to persons below. ENVIRONMENTAL SETTING: The project site is situated in the foothills that extend along the Ukiah Valley's western edge, immediately above and west of the Ukiah Municipal Golf Course and south of the County -maintained Low Gap Park. The topography along the proposed trail route varies from gently sloping to relatively steep, and includes several gullies and a section of a drainage that runs from the lands to the west to an eventual intersection with Orrs Creek. ENVIRONMENTAL ANALYSIS: City Staff conducted an analysis and prepared an Initial Environmental Study to determine whether or not the proposed City View Trail would have a significant adverse impact on the environment. Staff was able to conclude that while potential impacts to aesthetics, air quality, cultural resources, geology/soils, .and Fire Protection would occur, mitigations measures could be incorporated into the project that would eliminate or reduce these impacts to levels of insignificance. 6 s 1. Based upon the analysis; findings and conclusions contained in the Initial Environmental Study, the project, as mitigated does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project, as mitigated will not have a significant effect on the environment, and further, that this Mitigated Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. The Initial Environmental Study and all resources information used to conduct the initial environmental analysis may be reviewed at the City of Ukiah Department of Planning and Community Development, Ukiah Civic Center, 300 Seminary Avenue, Ukiah. California. K March 6, 2009 Date INITIAL ENVIRONMENTAL STODY PUBLIC REVIEW AND COMMENT PERIOD: March 11 2009 through April 9_2009 PURPOSE OF THIS INITIAL STUDY: This lnitiat Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, would have significant adverse impacts on the environment. PROJECT DESCRIPTION: The project involves the development of a 1.5 mile hiking trail on the City -owned property above the Municipal .Golf Course in the lower western hills. The looped trail would begin and end at a point in Low Gap Regional Park. It would include a series of switchbacks to the bluffs above the City's municipal golf course, and extend in a. southerly direction for approximately one half mile along a relatively even contour, with several gully crossings, and then back to the north on a separate trail that will reconnect with the original trail near the bluff top to form the loop. Almost the entire trail system will be situated beneath the natural forest canopy that covers the bluff areas, with views of the Ukiah Valley and its urbanized areas provided at several scenic overlooks that are not highly visible to persons below. Trail Route: The proposed trail route and design were established by trail builders from the Ukiah Valley Trail Group (UVTG), with input from the Ukiah Paths, Open Space, and Creeks Commission. Members of the UVTG have improved existing trails or constructed new trails throughout the Ukiah Valley and the proposed trail will utilize the trail -building standards adopted by its membership. Trail construction will also be funded by this non-profit group and its construction will be supervised by its trained members. Trail Grades: Trail grade inclines and declines will vary with trail topography, with a series of switchbacks proposed to take the trail from its lover elevations to the bluffs above. The route chosen for the trail will establish typical grades of 7-8 percent, with some shorter trail sections in the steeper areas reaching approximately 12 percent. However, this trail route will ensure that the average grade for the trail does not exceed the ten (10) percent threshold defined in the UVTG standards. Construction Methods: Different trail construction methods and tools will be used on different trail sections to accommodate the varied topography, vegetation, and other natural conditions on the project site. For instance, several trail sections abutting a small un -named drainage transected by the trail will be constructed by hand with a trail width of less than three feet to accommodate the natural rock formations and riparian habitat found in this area. A proposed bridge across this drainage and several gully crossings proposed in the higher trail sections will also be constructed largely by hand. However, small trail This treat that are a trail shoulder angles that are required to maintain sheet drainage over the trail: City of Ukiah 2 City View Trail Project March 6, 2009 der using a ail systems. grade cuts ues. It also :-slope" and INITIAL ENVIRONMENTAL STUDY Whether man.-madeor machine -cut, trail building activities will follow several consistent construction standards. First, vegetation and detritus materials will be removed to establishthe trail's path and contour. Base cuts will then be made in upslope direction to maintain the integrity of base soils and cause minimal disturbances to traliside banks. This method also allows the construction of the three percent out -slopes and tapered shoulders that are designed to'maintain the original sheet drainage patterns over the trail. Once constructed, trail maintenance standards require that natural vegetation be permitted to grow back approximately one-half foot on either side of 'the trail .and along the shoulder areas to help maintain the trail base and reestablish its oriainal natural annearance_ The pri to natL througt require that we and on unautho The prir plants c addition; Plants S ENVIROI Valley's v the Coun gently sic from the 1 nd to keep disturbances f:the trail and its route egetation and trees will ever, none of the plants State or Federal listings removal According to 77 Approximate Number of Trees to be Retnoued TREE..:t0 1*17 dbl1. I+ 42" dbll The proposed trail construction will also include the reclamation of existing otpaths where walking over the steep grades of 25-50 ,percent has; caused erosion. Mans of reforesting these footpaths will entail natural regeneration of existing native ich regeneration does not occur within a sin- iegrowig season; the planting of a plants under the supervision of local representatives from the California Native CNPS}. CAI. SETTING: The project site is situated in the foothills that extend along the Ukiah i edge, immediately above and west of the Ukiah Municipal Golf Course and south of stained Low Gap Park. The topography along the proposed trail route varies from relatively steep, and includes several gullies and a sectiowbf a drainage that runs the west to an eventual intersection with Orrs Creek. The area between the proposed trailhead and the feeder drainage/creek contains at mix of introduced and native plants, including native and non-native grasses =arida lightly canopied woodland canopy that givesway to a relatively light; strip of riparian plants growing along the southern and northern banks of the drainage. City of Ukiah 4 City View Trail Project March 6, 2009 INITIAL ENVIRONMENTAL STUDY The drainage is relatively narrow as it approaches the area proposed for the hiking trail, but it widei into several areas that are approximately 20-fePt Wide. It has a relatively gentle slope along i northern bank, but its southern bank rises sharply into the drainage gully formed by several ridg( with grades- of 25-50 percent. INITIAL ENVIRONMENTAL STUDY there are several large stands of the Idaho fescue bunchgrass growing near, but not within, the proposed trail route. North: Low Gap Community Park; a multi -use park located within and owned and maintained by the County of Mendocino; zoned for park land uses and open space. East: The Ukiah Municipal Golf Course (zoned for Publ containing single feimily residences; zoned for rasid,er West: Lightly developed residential lands located in the County; zoned for rural residential land uses. South: Private orw6rties zoned for and develbb6d With sinal STATE AGENCY REVIEW! It, d - permitting rdsponsi4 i lifies for the pr State Dep'artm''e'nt6f'Fish and 'Game fbr-'review 'and 66 nt ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: Facilities use and private properties ial low-density hillside development. unincorporated portion of Mendocino 4arrilly reside , pnpes. authority or i un -named I sent to the The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. On the basis of this initial evaluation: D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION Will be prepared. I find that although the proposed project could have a significant effect on the environment there Will not be a significant effect in this case because revisions evisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. F� I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. City of Ukiah 6 City View Trail Project March 6, 2009 Aesthetics ❑ Agricultural Resources 0 Air Quality Biological Resources Cultural Resources Z Geology / Soils F1 Hazards & Hazardous Materials Hydrology / Water Quality El Land Use / Planning Mineral Resources 0 Noise El Population I Housing Public Serviices M Recreation ❑ Transportation / Traffic / Parking El utilities / Service Systems Z Mandatory Findings of Significance On the basis of this initial evaluation: D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION Will be prepared. I find that although the proposed project could have a significant effect on the environment there Will not be a significant effect in this case because revisions evisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. F� I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. City of Ukiah 6 City View Trail Project March 6, 2009 INITIAL ENVIRONMENTAL STUDY ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been- analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or. NEGATIVE DECLARATION, including revisions or mitigation measures th_ at are imposed upon the proposed project, nothing further is required. ump, Director City of Ukiah 7 City View Trail Project March 6, 2009 Date: March 6, 2009 Planning and Community Development City of Ukiah INITIAL ENVIRONMENTAL STUDY s Based on the review of the proposed project, site and surrounding areas, potential impacts have been identified and mitigation measures recommended in Sections 1 (Aesthetics); 3 (Air Quality); 4 (Biological Resources); 5 (Cultural Resources); 6 (Geology/Soils); 8 (Hydrology and Water Quality); and 13 (Public Services - Fire Protection). Aesthetic and Visual Impacts: 1. The trail sections running through or adjacent to rock fields or other unique geologic features shall be reduce to widths that ensure that no large rocks or geologic features will be removed or altered. 2. Any footbridge or other structure for the crossing of the drainage shall be sited in an area where the removal or disturbance of riparian vegetation can be minimized and any riparian vegetation removed during bridge construction shall be replaced with similar riparian plants placed to maximize creek bank protection and screening of structures. 3. Any footbridge or other structure for the crossing of the drainage shall be designed with a maximum width of four (4) feet and a length not to be greater than necessary to span the drainage. 4. Any footbridge or other structure shall utilize unpainted wood or other natural -looking building materials, which shall be permitted to age naturally in order to be more compatible with surrounding trees and other natural vegetation. Railings and other appurtenances shall be discouraged unless the Planning Director determines that such devices are necessary for public health and safety, and in the event they are included in the construction of the bridge, they shall be constructed of the same natural -looking materials use on the primary bridge structure. 5. Prior to the construction of the footbridge crossing the drainage, the project sponsors shall secure all required permits, if any from Local or State agencies. 6. Prior to removing any trees for the project, either before or during construction of the trail, the project sponsors shall make every effort to re-route the alignment of the trail to avoid the unnecessary removal of trees. 7. Any site preparation or trail construction activities within the drip lines of trees shall be performed with extreme caution to avoid severe damage to the root systems of the trees and to avoid soil compaction. 8. Tree branch pruning, trimming, and root care activities shall be limited to those branches that would represent hazards to hikers or cause extensive detours and additional grading for the trail route. 9. Trail development activities shall be limited to the construction of the trail, a future bench or two, and any signs required to provide directions and trail/natural history information, and these shall be sited to minimize views from lower lying areas in the Ukiah Valley. 10. Small benches or other trail -related structures designed for rest or natural history interpretation purposes may be constructed adjacent to the trail provided the Director of Planning first determines that the structure will be sited to minimize views from lower lying areas in the Ukiah Valley. City of Ukiah City View Trail March 6, 2009 I:1 INITIAL ENVIRONMENTAL STUDY Air Quality Impacts: 11. All activities involving site preparation, excavation, filling, grading, and other trail construction shall be done during periods when soils are still moist enough to control fugitive dust. 12. Soils removed from the trail shall be distributed evenly along the side of the trails and all inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 13. Mobile trail building equipment shall be limited to the use of the specialized trail -dozer and other small equipment. 14. All trail -building activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. Cultural Resources Impacts: 15. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and the City notified of the discovery. The applicant shall be required to fund the hiring of a qualified professional archaeologist to perform a field reconnaissance and to develop a precise mitigation program if deemed necessary. Geology and Soil Impacts: 16. Prior to any site preparation or trail building activities, the project. sponsors shall submit a written description of all erosion and sediment control measures to the Department of Public Works for review and approval. If site preparation or construction activities occur within the defined rainy season (October 15 through April 15), the erosion control measures shall be installed to preclude erosion into the drainage system. Fire Protection/Emergency services Impacts: 17. The project sponsors shall work with Mendocino County to display Red Flag Warning Day signage at the existing signage display area located near the entrance to Low Gap Park during days of extremely high wildland fire danger, as directed by the City Fire Marshal. 18. The project sponsors shall work with the City Fire Marshall on an on-going basis to establish additional trail access points for emergency responders across City -owned lands abutting the subject property. 19. The project sponsors shall work with Mendocino County to display Fire Safety Information/Instructions approved by the Ukiah Fire Marshal at the existing signage display area located near the entrance to Low Gap. Park before the trail is open to the public. 20. The project sponsors shall work with Mendocino County to have No Smoking signs displayed at the existing signage display area located near :the entrance to Low Gap Park before the trail is open to the public. City of Ukiah City View Trail March 6, 2009 0 INITIAL ENVIRONMENTALSTulby POTENTIALANAYLSIS OF ENVIRONMENTAL IMPACTS: I. ,ESTHETICS Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Have a substantial adverse effect on a scenic ❑ ® El ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and ❑ ® ❑ ❑ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character surroundings? ❑ ® ❑ ❑ or quality of the site and its d) Create a new source of substantial light or glare which would adversely affect day or nighttime ❑ ® ❑ ❑ views in the area? Discussion: The proposed trail would be constructed on lands located in the foothills that extend along the western edge of the Ukiah Valley. Access to the trailhead will actually be over an existing trail located in Low Gap Park, a public park owned by the County of Mendocino. This initial section will not be developed further since it is on County -maintained lands and already well established. The trail sections proposed in this project will be constructed on open lands owned by the City of Ukiah, including a smaller area adjacent to Low Gap Park and a larger swath of land located in the forested bluffs directly west of, and above, the Ukiah Municipal Golf Course. [None of these areas have been developed With buildings or other man-made structures, and all retain viable natural and riparian vegetation throughout. Despite the relatively pristine nature of these lands, the affected area has not been accorded any specific aesthetic or scenic status by local ordinance or as part of a State - designated scenic highway. The Resource Element of the Ukiah General Plan does, however, clearly include these hillsides as part of the western hillside areas which it cites as an "aesthetic and visual resource fundamental to Ukiah residents" that "help establish the identity of Ukiah and the Valley." The Ukiah General Plan is also clear in its intent that natural scenic resources in the western hills areas and along creeks and other natural water sources should be preserved and enhanced. In this case, it is anticipated the proposed General Plan land use designation and zoning changes will provide a higher level of protection for the site's natural aesthetics by placing it within a parks category. However, the construction of the proposed trail could adversely affect the natural aesthetic and visual resources of the site if not carefully constructed and maintained. Therefore, staff has prepared detailed discussions of potential impacts and the mitigation measures recommended addressing those that are considered to be potentially significant. City of Ukiah City View Trail March 6, 2009 10 INITIAL ENVIRONMENTAL STUDY As notedabove, the section of the existing trail that runs through the County -owned Low Gap Park is not included as part of this; project and the trail work described in this study will begin on the City- )ut the arae ootpaths cu losses, small bushes and small trees. ty of Ukiah ty view Trail arch 6, 2009 99 INITIAL ENVIRONMENTAL STUDY The hiking trail in this area will only follow the existing footpath from the Low Gap Park boundary for a little over 100 feet before turning to the southeast to attain the 7-8 percent grade called for in the UVTG trail -building guidelines (Attachment 2). At this point, the trail will enter a small field of rocks and boulders that provide an attractive scenic entry to the trail system. In order to ensure that the visual characteristics of this rock field are not significantly impacted, the trail design calls for the trail to follow the natural contours through the field. Additionally, the trail will be reduced to width of approximately two to two and a half feet and will -be constructed by hand with experienced volunteer labor. Finally, no large rocks or boulders will be 'cut or moved to accommodate the trail, and any smaller rocks removed from the trail path will be placed next to the trail to help maintain the area's visual characteristics. It is anticipated that these methods will reduce potential adverse impacts to the rock field to less than significant levels, and are included in Mitigation Measure No. 1. Once the trail reaches the drainage described earlier, crossing it will require the construction of a small footbridge to keep people, from Walking directly through the drainage. The project's trail design , requires that this crossing be constructed where the drainage banks are 'sturdy enough to support the will bridge and disturbances to existing riparian vegetation ' minimal. I 1 In this Case the bridge is , -be planned fora narrow creek section located West of Where the existing footpath cuts straight down and through the drainage. This location is preferred since the drainageonly is, on e five to Six feet wide and has banks more capable, of supporting 6 footings., , The design of the, trail sections leading to steeper bal )6fti6g bridb and from these bridges Will also utilize 1p'W7iii-`Piact trailh building tec niques designed to reduce" potential visual impacts to less than significant IeveIs. These include gently sloping ;the trail as it approaches the bridge instead of taking j t directly irePtly down, steeper steps or ramps, and reducing trail width by a foot or more at bridge approaches: The removal of 'small amounts of vegetat _ ion from areas abutting the bridge will still be required, but the site chosen for this project does not contain large trees or substantial areas of riparian vegetation. In fact, the most substantial vegetation removal will be non-native berry bushes that are growing on both creek banks. The bridge will also be kept to the smallest size possible to limit its visual impacts. The proposed design will consist of a crossing no wider than 4 feet and no longer than 8-12 feet, with a height above the drainage at an approximate average of 18 inches. Additionally, in order to limit its visual impacts, the bridge Will contain no substantial railings or other appurtenances, and will be constructed with unpainted wooden materials that will be allowed to age naturally to ensure it does no I t cause a significant adverse visual effect on this natural environment. Based on the trail and bridge design features discussed above, it is anticipated that the visual impacts to the relatively small section of the rock field and drainage crossed by the proposed trail will incidental and insignificant. Potential Visual Impacts to Western Hillside Area and Natural Woodlands Once the proposed trail crosses the watercourse, it will run almost entirely beneath a substantial tree canopy cover of natural woodlarids consisting mainly of native tree and understory species. The trail is designed to minimize impacts on this natural vegetation, but the grading required to establish the 4 - foot wide trail at a relatively even grade will require the removal of groundcover and bushes along its entire length. It will also, occasionally require the trimming of encroaching tree branches and the removal of some smaller trees at various points along the 1.5 mile trail length. However, the visual and aesthetic impacts caused by these activities are expected to be relatively short in 'duration since the trail maintenance guidelines incorporated into the project design will allow vegetation on both sides of the trail to encroach onto the sides of the trail. It is anticipated that this growth, which normally City of Ukiah City View Trail March 6, 2009 12 INITIAL ENVIRONMENTAL STUDY takes one growing season to return to a normal state, will eventually re-establish a more natural appearance that will be compatible with the natural visual characteristics of these forestlands. Additionally, the trimming or removal of trees will only be done in those instances where their presence would require extensive trail detours that would adversely increase the length and visibility of the trail. Trail designers have walked the entire length of the proposed trail and surrounding areas and estimate that trail -building activities will require trimming of fewer than 20 trees and the removal of up to approximately 39 relatively small trees over the entire 1.5 mile long trail. They also indicate that only one tree over 12" in diameter may be removed. However, this tree appears to be diseased and in very poor condition. The number of trees that will require trimming or removal to accommodate the trail path will cause short-term visual impacts to the immediate areas affected by these activities, but strict adherence to the design guidelines included in the project plans is expected to keep these impacts to levels that are insignificant. Furthermore, these guidelines encourage natural vegetative regeneration of plants in the area so the long-term visual effects are not expected to be significant. In fact, it is probable the development of this trail system will limit the number and sizeof unplanned footpaths and other trafficked areas over the area, lessening the visual impacts caused by these trails. It is also apparent that the trees that are trimmed or removed represent a very small percentage of the thousands of trees that grow in the project area, and it is not expected that the on-site visual impacts caused by tree trimming and removal will be visible to adjacent landowners or persons looking up the slopes from the valley floor. However, in order to ensure that these trail design and maintenance guidelines are fully implemented, specific visual mitigation measures are recommended. The proposed trail design could, in the future include directional signs and occasional informational signs that would explain important natural history or geographical features. Such signs are typically non -obtrusive in appearance, but it is recommended that a mitigation measure be included that requires their design to be removed and approved by the Director of Planning and Community Development prior to their installation. Benches and other areas for hikers to rest or look over scenic vistas may also be installed adjacent to the trail, particularly if the number of persons using it warrants such established rest stops. It is not likely that these will be highly visible to persons looking up from the valley, but they could adversely affect the views of persons using the trail if they are too numerous, overly large in size, or constructed with materials that do not blend in with the natural visual characteristics of the areas in which they are placed. Therefore, in order to ensure the visual impacts of these structures do not become significantly adverse, a similar mitigation measure is recommended that requires the design to be removed and approved by the Director of Planning and Community Development prior to their installation. Mitigation Measures: 1. The trail sections running through or adjacent to rock fields or other unique geologic features shall be reduce to widths that ensure that no large rocks or geologic features will be removed or altered. City of Ukiah City View Trail March 6, 2009 13 INITIAL ENVIRONMENTAL STUDY 2. Any footbridge or other structure for the crossing of the drainage shall be sited in an area where the removal or disturbance of riparian vegetation can be minimized and any riparian vegetation removed during bridge construction shall be replaced with similar riparian plants placed to maximize creek bank protection and screening of structures. 3. Any footbridge or other structure for the crossing of the drainage shall be designed with a maximum width of four (4) feet and a length not to be greater than necessary to span the drainage. 4. Any footbridge or other structure shall utilize unpainted wood or other natural -looking building materials, which shall be permitted to age naturally in order to be more compatible with surrounding trees and other natural vegetation. Railings and other appurtenances shall be discouraged unless the Planning Director determines that such devices are necessary for public health and safety, and in the event they are included in the construction of the bridge, they shall be constructed of the same natural -looking materials use on the primary bridge structure. 5. Prior to the construction of the footbridge crossing the drainage, the project sponsors shall secure all required permits, if any from Local or State agencies. 6. Prior to removing any trees for the project, either before or during construction of the trail, the project sponsors shall make every effort to re-route the alignment of the trail to avoid the unnecessary removal of trees. 7. Any site preparation or trail construction activities within the drip lines of trees shall be performed with .extreme caution to avoid severe damage to the root systems of the trees and to avoid soilcompaction. 8. Tree branch pruning, trimming, and root care activities shall be limited to those branches that would represent hazards to hikers or cause extensive detours and additional grading for the trail route. 9. Trail development activities shall be limited to the construction of the trail, a future bench or two, and any signs required to provide directions and trail/natural history information, and these shall be sited to minimize views from lower lying areas in the Ukiah Valley. 10. Small benches or other trail -related structures designed for rest or natural history interpretation purposes may be constructed adjacent to the trail provided the Director of Planning first determines that the structure will be sited to minimize views from lower lying areas in the Ukiah Valley. Impact Significance After Mitigation: The implementation of Mitigation Measures 1-10 will reduce potentially significant adverse impacts to on-site and valley -wide aesthetic and scenic resources to levels that are less than significant. City of Ukiah City View Trail March 6, 2009 14 iNITIAL ENVIRONMENTAL STUDY Z. AGRICULTURAL RESOURCES b) Conflict with existing zoning for agricultural use, or F1 El El a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature; could result El 0 in conversion of Farmland, to non-agricultural use? Discussion: The proposed trail would be constructed in the foothills that extend > along the western .edge of the Ukiah Valley. The topography and soils on these lands would make agricultural land uses difficult to establish and maintain and there is no record they have ever been used for regular or large- scale agricultural purposes.. Furthermore, these lands are now owned by the City, of Ukiah and are zoned for low density residential land uses that make it unlikely they will -'support agricultural conversions. Based on these factors, it is not anticipated the development of the proposed trail will cause the conversion of prime or unique farmlands to non-agricultural uses, or the conversion of farmlands of statewide importance, as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. It is also not anticipated that the project will cause significant adverse conflicts with lands zoned for agriculture or subject to a Williamson Act contract; since there are no such lands abutting the project site. Furthermore, the project will not involve changes in the environment that will result in the conversion of farmland to non-agricultural land use. Significance Criteria. Significant impacts would occur to agricultural resources if the proposed project would hamper existing agricultural operations or convert agricultural land to urban uses. Potential Impacts: The proposed trail does not abut lands zoned for agricultural activities or designated for special protection status; as discussed above. Therefore, no impacts to local or area - wide agricultural' lands or resources will result from this project. Mitigation Measures: None required since no significant adverse impacts to agricultural lands will result from the development or operation of the proposed trail. Impact Significance ,after Mitigation: Not applicable. City of Ukiah City View Trail March 6, 2009 15 Less Than Potentially Significant Less Than No Significant With Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland); as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or F1 El El a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature; could result El 0 in conversion of Farmland, to non-agricultural use? Discussion: The proposed trail would be constructed in the foothills that extend > along the western .edge of the Ukiah Valley. The topography and soils on these lands would make agricultural land uses difficult to establish and maintain and there is no record they have ever been used for regular or large- scale agricultural purposes.. Furthermore, these lands are now owned by the City, of Ukiah and are zoned for low density residential land uses that make it unlikely they will -'support agricultural conversions. Based on these factors, it is not anticipated the development of the proposed trail will cause the conversion of prime or unique farmlands to non-agricultural uses, or the conversion of farmlands of statewide importance, as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. It is also not anticipated that the project will cause significant adverse conflicts with lands zoned for agriculture or subject to a Williamson Act contract; since there are no such lands abutting the project site. Furthermore, the project will not involve changes in the environment that will result in the conversion of farmland to non-agricultural land use. Significance Criteria. Significant impacts would occur to agricultural resources if the proposed project would hamper existing agricultural operations or convert agricultural land to urban uses. Potential Impacts: The proposed trail does not abut lands zoned for agricultural activities or designated for special protection status; as discussed above. Therefore, no impacts to local or area - wide agricultural' lands or resources will result from this project. Mitigation Measures: None required since no significant adverse impacts to agricultural lands will result from the development or operation of the proposed trail. Impact Significance ,after Mitigation: Not applicable. City of Ukiah City View Trail March 6, 2009 15 INITIAL ENVIRONMENTAL STUDY 3. AIR QUALITY Where available, the significance criteria established --by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Potentially Less Than Less Than Significant Significant Significant No Impact with Mitigation Impact Impact Would the project: P Incorporated P a) Conflict with or obstruct implementation of the❑ Elapplicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ❑ ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region' is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantialEl R ❑ ❑ pollutant concentrations? e) Create objectionable odors affecting a EJ Z substantial number of people? Discussion: The concentration of a given pollutant in the atmosphere is determined by the amount of pollutant released and the atmosphere's ability to transport and dilute the pollutant. The major determinants of transport and dilution are wind, atmospheric stability, terrain, and sunshine. In Ukiah, the I combined effects of moderate winds, clear skies, frequent "atmospheric inversions that restrict vertical dilution, and terrain that restricts horizontal dilution, result in a relatively high potential for air pollution. The City of Ukiah is situated in the flat and narrow Ukiah Valley. The presence of the mountains on both the west and east sides of the valley create the terrain that tends to restrict the horizontal east - west movement of pollutants. The dominant wind direction in the Ukiah Valley is from the northwest to the southeast. Wind speeds in the central portion of the community are moderate, with wind speeds of 4 mph or less occurring; over 60 percent of the time. While the potential for air pollution is high in the Ukiah Valley, the actual pollutant levels are relatively low due to the lack of upwind sources and the relatively low level of development in the local air basin. Significance Criteria: Air Quality Impacts would be significant if the project results in any of the following: • Conflicts with or obstructs implementation of any applicable Air Quality Plan; ® Violates any air quality standard or contributes substantially to an existing or project air quality violation, including a cumulatively considerable net increase of any criteria for which the City of Ukiah City View Trail March 6, 2009 16 INITIAL ENVIRONMENTAL STUDY region is in nonattainment as defined by Federal or State regulations. For the Mendocino County Air Quality Management District,_the applicable daily thresholds for criteria pollutants would be significant if they exceed any of the following: ® Reactive organic gases (ROG) 220 lbs. • Nitrogen oxides (Nox) 220 lbs. • Sulfer oxides (Sox) 220 lbs: • Particulates (PM10) 80 lbs. • If carbon monoxide (CO) exceeds 550 lbs./day, dispersion modeling is recommended to determine the significance of the impact upon Federal or State standards: Exposes sensitive receptors to substantial pollutant concentrations; or Creates objectionable odors affecting a substantial number of people. Air Quality Standards: The Federal Clean Air Act Amendments of 1970 established National Ambient Air Quality Standards for six "criteria pollutants." These include photochemical ozone, carbon monoxide, sulfur dioxide, nitrogen, dioxide, particulate matter, and lead. California then adopted its own Clean Air Act in 1977, creating separate and stricter air quality standards. Each standard is shown as a duration of time for which a specific contaminantlevel cannot exceed: The standards are designed to protect the public from health hazards, visibility reduction, soiling, nuisance, impacts to agricultural crops, and other forms of air quality damage. . -1111, 1511111+ .Pollutant Average Time Federal Standard State Standard Ozone 1 -hour 0.12 PPM 0.09 PPM Carbon Monoxide 8 -hour 9.0 PPM 9.0 PPM 1 -hour 35.0 PPM 20.0 PPM Nitrogen Dioxide Annual 0.05 PPM --- 1-hour --- 0.25 PPM Sulfur Dioxide Annual 0.03 PPM --- 24-hour 0.14 PPM 0.05 PPM 1 -hour --- 0.5 PPM PM -10 Annual 50 ug/m3 30 ug/m3 24-hour 150 ug/m3 50 ug/m3 Lead 30 -day Avg. --- 1.5 ug/m3 Month Avg. 1.5 ug/m3 --- PPM = Parts ner Million / ua/m3 = Microarams per cubic meter Discussion: The proposed 1.5 mile trail will be developed over a variety of terrain that will require hand construction in some steeper areas, but the majority of the trail will be constructed using a specially designed trail -dozer that not. only grades the trail, but distributes earthen materials evenly along the course of the trail, where it compacts quickly. The use of this machine will also permit trail construction to occur during spring, when moister soils are less prone to wind-borne distribution. City of Ukiah City View Trail March 6, 2009. 17 7 INITIAL ENVIRONIi1fiENTAL STUDY Potential Impacts to Air Quality: The proposed -trail-dozer is powered by a small diesel engine, but its use will permit the majority of the trail to be constructed within a one to two-week span rather than the protracted and intermittent building periods that would be required should the trail be built with hand tools. So, while the trail -dozer will cause short-term air quality impacts from diesel fumes and cause dust levels along the trail to increase, these impacts are expected to be short-lived and cumulatively less than if it were constructed over a longer period of time. However, it is not anticipated that the use of this single machine engine will cause long-term adverse levels of pollution on the site or contribute to significant long-term regional adverse air quality impacts since the Ukiah Valley is in attainment with required State air quality standards. The trail building activities do have the potential to cause short-term impacts that could be significant if the trail building guidelines proposed for the project are not adhered to regularly and stringently. These include the escape of fugitive dust from poorly constructed trail sections, the accumulation of dirt piles that are left uncovered for long periods of time or the construction of trail sections during winds in excess of 25 miles per hour. In order to reduce the potential for such short-term air quality impacts, staff recommends that Mitigation Measures 11-14 are required as part of the project. Mitigation Measures: 11. All activities involving site preparation, excavation, filling, grading, and other trail construction shall be done during periods when soils are still moist enough to control fugitive dust. 12. Soils removed from the trail shall be distributed evenly along the side of the trails and all inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 13. Mobile trail building equipment shall be limited to the use of the specialized trail -dozer and other small equipment. 14. All trail -building activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. Impact Significance After Mitigation: The implementation of Mitigation Measures 11-14 will reduce potentially significant adverse impacts to on-site and valley -wide aesthetic and scenic resources to levels that are less than significant. City of Ukiah City View Trail March 6, 2009 18 INITIAL ENVIRONMENTAL STUDY -4. BIOLOGICAL RESOURCES Potentially Less Than Less Than No Significant sign' ificant significant Impact With Mitigation Impact Impact Inco orated Would the project: a) Have a substantial adverse effect,, either directly or 3 C) or and Game_ or U.S. t-isn anq vv i.luilliv ,,­ v1pV g d) Interfere substantially with the movement of any native.resident or migratory fish or wildlife species or with 'established, native, resident, or rnigritpry wildlife corridors;I I or 11 impede the use of native wildlife nurs6ty'sIt0s? e) Conflict with I any local policies, or ordinances protecting biological resources, such as a tree preservation policy or ordinance? El N Wo 70 ®❑ K 100 x M El 171 19 FE] LI f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community El Conservation Plan, or oth er approved -local, regional, or state habitat conservation plan? F-1 F1 El E] R 1:1 z Discussion: As noted earlier in this study, the project site consists of 80 acres of land located along the western hills of the Ukiah Valley, These lands include established park areas, open ranges, watercourses, and native woodlands that have been preserved in a relatively pristinecondition, As such, these landsprovide habitat for a wide range of plant and animals, including native and non- native species. During the most recent General Plan revision program, a natural habitat technical study was prepared as background material for the Open Space and Conservation Element. This Study, entitled, "General Plan Revision and Growth Management Program - Natural Habitat Section", and dated October 31, 1991, was prepared by Michael W. Skenfield, a Consulting Biologist and Registered Professional Forester. In the Study, he identified the western hillside area as a Montane Hardwood - Conifer habitat, consisting of a diverse association of hardwood and conifer trees averaging 80% canopy cover. The Study suggests that the conservation and protection of mature oak trees and CIV of Ukiah City View Trail March 6, 2009 19 INITIAL ENVIRONMENTAL STUDY, "browse" shrubs be strongly encouraged during the review of development proposals in this area. It also states that this habitat area also contains a wide variety of amphibians, reptiles, birds, and mammals that rely on the trees and shrubs for important habitat. In addition, the western hillside areas contain Montane Riparian areas along the watercourses, which contain an equally diverse population of amphibians, reptiles, birds, and mammals. During the design phase of the trail project, trail designers met with representatives of the California Native Plan Society (CNPS) to determine what impacts the trail could cause to the natural biological resources discussed above; CNPS representatives worked closely with the trail designers on how to cause the fewest impacts on native vegetation. City of Ukiah City View Trail March 6, 2009 20 INITIAL ENVIRONMENTAL STUDY through the Low Gap Park. Its channel, is generally less than five to ten feet wide in the area affected by the proposed trail, With some smaller dhannel--sections of 2b-30 feet in width. However, it is not included on any FEMA (Federal Emergency Management Agency) floodway or fl66dpla'in maps. The existing footpath ithat accesses the area closely follows the southern bank of the drainage, I , I . dipping below its bank in several' places and crossing it at one of its b170 adest points by running straight down one bank and up the adjacent bank. These areas contain small amounts of riparian vegetation that are. currently being disturbed by persons using the footpath. In addition, the Skenfield Study lists a number of Federal and State listed endangered, threatened, or pecial concern" amphibians, reptiles*, birds-, and mammals that live in and around the Ukiah lah area and the small riparian areas along the drainage could be used for habitat by some of these animal species. The proposed trail would be re-routed above the drainage Channel and away from areas with substantial, vegetation. Trail design plans call for the existing trails toe removed oved, from use and reclaimed by natural tegend tation of native and riparian vegetation. The proposed trail will, decline toward the drainage channel along both of its banks and a small amount of site preparation and, disturbance would occur to accommodate these se and the small footbridge that would crossAhe &allnpgo channel, However, 'the vegetationI patterns are not extensive -11 and the 'affected 'bahk areas are relatively open,and e, none of the areas proposed for trail development Will require the removal of any trees in this area. Furthermo'rt , h e proposed small footbridge is designed to be approximately four (4) feet wide and between eight to twelve feet long, with an average height of 18 inches over the drainage. As propose I d, it I is also designed to cross the drainage at a location that is narrower than the point the existing footpath crosses through the drainage, and where there are no trees or substantial amounts of vegetation that Would require removal. Based on the design measures discussed above, no substantial levels of riparian plants will require removal and no extensive habitat for riparian -based animals will be affected in .a significant adverse manner. Potential Impacts to Native Woodlands and Woodland Animals According to the Skenfield Study, no mammals in the Montane Hardwood -Conifer habitat are listed on any state or federal listings for rare, endangered, or threatened species. However, the report does indicate the importance of trees and shrubs for wildlife habitat, and specifically for the deer population in the western hillside area that encompasses the project site. The Study states that forage is in low supply for deer between mid-July and in the fall when acorns typically drop. As the deer population moves down -elevation in winter, the animals are looking for large blocks of acreage on which to forage. Deer preference in winter is the south -facing, open, grassy slopes that are found on several portions of the site. Both grass forage and browse from the brush land intermingled with the grassland provide crude protein for the deer population, Additionally, the Study notes that the Montane Hardwood -Conifer habitat is inhabited by birds listed as "Species of Special Concern" by the California Department of Fish and Game, including the Sharp - Shinned Hawk (Accipiter striatus), Cooper's Hawk (Accipiter cooperi), Northern Goshawk (Accipiter gentilis), and Osprey (Pandion haliaetus). It also notes that Bakers Meadowfoarn and Burkes; Goldfield as two listed rare and endangered plants species that could exist on I the site. City of Ukiah City View Trail March 6, 2009 22 -e a Once the proposed trail crosses the drainage, it will quickly enter the Montane Hardwood -Conifer woodlands described above through a series of -switchbacks. The trail `would require that vegetation be removed from its entire 1.5 -mile path, although naturally occurring vegetation will be encouraged to grow back for approximately six inches along the sides of the trail and on the banks found on the upslope of the trail. It will also require the occasional trimming or removal of tree branches and the removal of up to fifteen trees in order to keep the trail grade even and running in a consistent direction. Trail designers met with representatives of the California Native Plant Society and walked the -entire trail route to determine whether any sections of the trail would cross through lands that contained valuable plants or plant habitat. CLAPS representatives found large growths of native bunchgrasses growing in the gully area south of the drainage and in scattered stands located under the woodlands canopy on the higher slopes. These grasses are not listed on any rare or endangered plant databases, but their occurrence in the area is not common. Therefore, the; CNPS' representatives recommended that the trail be shifted approximately 100-150 feet west of the existing footpath that cuts directly through the largest stand to avoid excessive human -induced impacts. They also expressed the potential for eventually using these fields for educating people aboutnative' plants, but stressed that the trail should not provide direct access to the bunchgrass plants until such time that informational placards or signs can be established to ensure people understand how their activities could adversely affect the plants. Based on these concerns, the original trail route was shifted to the west to provide protection for the bunchgrass plants and the potential for significant adverse effects was effectively mitigated to a level that is not significant. The project site, also contains bird species that are listed as "Species of Special Concern", as well as "Endangered." However, the area proposed for actual trail development is less than one percent of the $0+ acres of site area, and would not require substantial tree removal or bird habitat destruction. Furthermore, no major nests or nesting sites were observed during the numerous visits to the site during various times of the year. Impacts to local populations of deer and other mammals are not expected as a result of the trail development since the overall amount of forage, browse, and other food sources in the immediate area is substantial. In fact, the project has the potential to enhance deer habitat by reducing the number of human intrusions into the fields that the deer use most. Based on these findings, it; is staff's conclusion that the proposed project, in and of itself, would not have a significant impact on the local deer population or other mammals living on the subject property. Overall, the proposed.` trail location and the construction activities required for its development are not expected to cause substantial impacts to the native woodlands or the animals that inhabit them. This conclusion is based on the relatively minor amount of construction involved with the project, even when the removal of trees is considered. The construction of a defined and maintained trail into the natural areas found on the City's western hillsides could encourage a greater number of persons to use these lands for outdoor recreation, including hiking, jogging, and nature viewing or photography. Such increased contact could introduce a variety of stress factors for local wildlife that are not used to regular contact with human beings or pets, but the strenuous nature of the hike is expected to keep the overall number of human visits to numbers that will not cause regular or constant stress. It is also anticipated that the majority of City of Ukiah City view Trail March 6, 2009 23 INITIAL ENVIRnNMFfJTAI RTI[rtv persons that make the fairly strenuous hike up the proposed trail will do so to enjoy the natural surroundings and to interact peacefully with nature -,- Mitigation (Measures: None Required. Based on the information contained in the administrative record, staff is able to conclude that the proposed project will not have a significant adverse impact on plants, 'trees, mammals or birds within the project area. Impact Sigrifficance, After Mitigation: Not applicable. 5. CULTURAL RESOURGES Less Than Potentially Significant Leas Than Significant With Significant No the project: Mitigation impact Impact Incorporated Incorporated a) Cause* a substantial adverse change in the significance of a historical resource as defined in ❑ El ❑ z 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant El El to 15064.5? c) Directly or . indirectly destroy a unique paleontological resource or site or unique geologic El El ❑ feature? d) Disturb any human remains, including those interred outside of formal cemeteries? 1:1 ED ❑ Discussion: The City of Ukiah is rich in historical resources, which include an eclectic assortment of historic homes and properties. Cultural resources are similarly abundant, and the City has provided for the preservation and enhancement of its cultural heritage. The proposed trail route is located in an undeveloped portion of the City, with no known structures or other human development present in areas where the trail will cross. Purthermore, it is designed to run past or around substantial geographic features on the subject properties, so no significant adverse impacts to these resources are anticipated. City of Ukiah City View Trail March 6, 2009 24 INITIAL ENVIRONMENTAL STUDY Wift V00 Gs!Agrai P.!p and Grwh V-3. Hisforfeand ArrhpO14s6u 2 !;41 Re rj;6r, %. 'Papel A0pofedby int C.V CooWl V"emw 6, 104$ Significance Criteria- A significant impact to historic and cultural resources would occur if implementation of the project would: • Cause a substantial change in the significance of a historical or cultural, resource; ® Result in the removal or substantial exterior alteration of a building or structure or district that may be eligible for listing in the National Register or California Register; • Result in the removal or substantial exterior alteration of a building or structure so that it results in the loss of a designated county landmark in the City of Ukiah; Result in the destruction of a unique paleontological resource, site or unique geological feature, or disturbs any human remains. City of Ukiah City View Trail March 6, 2009 99 INITIAL ENVIRONMENTAL STUDY. Potential impacts; No established archeological or cultural resource sites have been identified on the lands proposed for the trail project. Furthermore, the development activities associated with the Project will require only minor grading activities, with no permanent structures or paving to operate or maintain the trail. Based on these factors, it is not anticipated that the trail development will cause a substantial adverse change in the significance of a historical resource or disturb any human remains, including those interred outside formal cemeteries. Figure V.3 -DD of the Historic and Archaeological Resources Element contained in the General Plan indicates that the subject property is not situated within an area of high cultural resource sensitivity. Moreover, the trail will be located outside those areas that are most typically culturally sensitive, such as streams, springs, and mid -slope benchesabove watercourses. Accordingly, it is concluded that the likelihood of a prehistoric site being located on the subject property is remote, and that the probability of trail preparation and construction activities disturbing and significantly impacting any prehistoric cultural resources is very low. However, to ensure that potential cultural resources located below ground are not significantly impacted, a standard mitigation measure is recommended that would halt construction in the event of such a discovery. It would also require the teail(builders to hire a qualified archaeologist to evaluate the resources and develop mitigation measures as appropriate. Mitigation Measure: 15. If, during site preparation or construction activities, any historic or prehistoric cultural resources are unearthed and discovered, all work shall immediately be halted, and the City notified of the discovery. The applicant shall be required to fund'the hiring of a qualified professional archaeologist to perform a field reconnaissance and to develop a precise Impact Significance After Mitigation. This mitigation ensures that cultural resources unearthed during trail preparation or construction will not be adversely affected, reducing the potential impact to a level that is not significant. S. GEOLOGY AND SOILS Potentiallyignifat Significant Less Than Significant Less Than No Significant Would the; project: Impact with Mitigation incorporated Impact Impact pact 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 other El substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. City of Ukiah City View Trail March 6, 2009 26 INITIAL ENVIRONMENTAL STUDY Discussion: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. According to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. Based on the information contained in the Soil Survey of Mendocino County, Eastern Part, and Trinity County Southwestern.: Part published by the U.S. Soil Conservation Service, the subject property is underlain by LookoutPeak Graywacke (LPgw) bedrock, which is composed primarily of sandstone and shale, and has very little diversity. The Soil Survey also indicates that the predominant soil type in the vicinity of the subject property is Hopland--Wbhly Loam, which occurs on moderate to steep slopes. This soil type' is described as moderately deep and well drained; and runoff is rapid, causing a high hazard for erosion. Steep slopes exhibit erosion gullies, and landslides are not uncommon. Significance Criteria: A significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to properly .and/or human life, or hazards such as earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation instability, erosion, soil instability, or other problems of a geologic nature that cannot be mitigated through the use of standard engineering design and seismic safety design techniques. City of Ukiah City view Trail March 6, 2009 27 iii) Seismic -related ground failure, including ❑ 6. GEOLOGY AND SOILS Potentially Less Than Less Than _ Significant Significant with Mitigation No Significant impact - Impact incorporated impact Would the project: ❑ b) Result in substantial soil erosion or the loss of ii) Strong seismic ground shaking? ❑ ® ❑ ❑ Discussion: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. According to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. Based on the information contained in the Soil Survey of Mendocino County, Eastern Part, and Trinity County Southwestern.: Part published by the U.S. Soil Conservation Service, the subject property is underlain by LookoutPeak Graywacke (LPgw) bedrock, which is composed primarily of sandstone and shale, and has very little diversity. The Soil Survey also indicates that the predominant soil type in the vicinity of the subject property is Hopland--Wbhly Loam, which occurs on moderate to steep slopes. This soil type' is described as moderately deep and well drained; and runoff is rapid, causing a high hazard for erosion. Steep slopes exhibit erosion gullies, and landslides are not uncommon. Significance Criteria: A significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to properly .and/or human life, or hazards such as earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation instability, erosion, soil instability, or other problems of a geologic nature that cannot be mitigated through the use of standard engineering design and seismic safety design techniques. City of Ukiah City view Trail March 6, 2009 27 iii) Seismic -related ground failure, including ❑ ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ® ❑ b) Result in substantial soil erosion or the loss of ❑ ® ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or ❑ ® ❑ ❑ off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in the California Building Code, creating substantial risks ❑ ❑ ❑ to life or properfy? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater ❑ ❑ ❑ disposal systems where; sewers are not available for the disposal of''wastewater? Discussion: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. According to resource materials maintained by the Ukiah Planning Department, the projected maximum credible earthquake along this fault would be approximately 7.4 magnitude on the Richter scale. Based on the information contained in the Soil Survey of Mendocino County, Eastern Part, and Trinity County Southwestern.: Part published by the U.S. Soil Conservation Service, the subject property is underlain by LookoutPeak Graywacke (LPgw) bedrock, which is composed primarily of sandstone and shale, and has very little diversity. The Soil Survey also indicates that the predominant soil type in the vicinity of the subject property is Hopland--Wbhly Loam, which occurs on moderate to steep slopes. This soil type' is described as moderately deep and well drained; and runoff is rapid, causing a high hazard for erosion. Steep slopes exhibit erosion gullies, and landslides are not uncommon. Significance Criteria: A significant geologic impact would occur if a project exposed people or structures to major geologic features that pose a substantial hazard to properly .and/or human life, or hazards such as earthquake damage (rupture, groundshaking, ground failure, or landslides), slope and/or foundation instability, erosion, soil instability, or other problems of a geologic nature that cannot be mitigated through the use of standard engineering design and seismic safety design techniques. City of Ukiah City view Trail March 6, 2009 27 INITIAL ENVIRONMENTAL STUDY grades along the steeper sections of hillside running at a 12 percent grade for very short sections of the trail. It also calls for the use of a specialized trail dozer to maintain required grade cuts and maintain a three -percent outslope to facilitate- natural sheet flow drainage across the trail; which reduces the potential for establishing a drainage course down steeper trail sections or ponding on flatter sections. The dozer also allows trail construction within a two-week span that can be scheduled when soils are moist and compact, greatly reducing the times that soils are exposed to water -borne erosion. Additionally, the areas near the drainage that transects the site will be constructed by UVTG personnel experienced with such crossings. There is still potential for bank damage along these watercourses, but sites have been chosen for the crossing based on their ability to accommodate the bridging methods proposed and it is not anticipated that long-term or substantial alterations to the drainages will be caused by the construction. Public Work staff has reviewed the proposed trail location and design, and concurs with the trail designers that soil erosion and other geologic impacts will not be significant in nature if the construction is done properly. However, Public Works staff does recommend that if work is to be performed during the .rainy season, erosion control measures will be required. It is also anticipated that the development of the trail will decrease erosion over much of the affected site as existing un -authorized footpaths are closed and allowed to re -vegetate. Some of these pathways extend directly up hillsides with slopes that are 25-50 percent in grade and most have caused soil erosion and trail width expansions as hikers seek to avoid the wetter, more slippery trail sections where erosion is worst. Mitigation Measures: Staff has identified the following mitigation measure to off -set the identified impacts related to geology and soils: 16. Prior to any site preparation or trail building activities, the project sponsors shall submit a written description of all erosion. and sediment control measures to the Department of Public Works for review and approval. If site preparation or construction activities occur within the defined rainy season (October 15 through April 15), the erosion control measures shall be installed to preclude erosion into the drainage system. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measure, staff is able to conclude that the project,, as mitigated, will not cause significant impacts related to geology, soils, and seismicity of the site and surrounding area. 7. HAZARDS & HAZARDOUS MATERIALS Less Than Potentially Significant Significant Less Than No Significant Impact p With Mitigation impact Impact p Would the.project: Incorporated a) Create a significant hazard to the public or the environment through the routine transport, use; or ❑ ❑ ❑ disposal of hazardous materials? City of Ukiah City View Trail March 6, 2009 29 INITIAL ENVIRONMENTAL STUDY 7. HAZARDS & HAZARDOUS MATERIALS Potentially Significant Less Than Significant Less Than No Significant nificant Would the project: Impact p with Mitigation Incorporated Impact Impact b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of ❑ hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed ❑ ❑ school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ ❑ ❑ result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ ❑ ❑ would the project result .in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for ❑ ❑ ❑ people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? Discussion: Ukiah is generally regarded as a healthy City with relatively clean air and water. While there are some known toxic "spots" resulting from the past storage of hazardous materials underground, the City is not regarded as having a highly contaminated environment and the project site contains no know toxic spots. The unoccupied project site is also not developed and is located further than two (2) miles from the Ukiah Municipal Airport and outside the vicinity of any private airport, so air traffic will not result in any hazards to persons residing or working on the site. vny vi uniaii City View Trail March 6, 2009 30 INITIAL ENVIRONMENTAL STUDY The project site is not located within a designated emergency plan, but the new trail would provide ingress to a relatively remote area of the City and the Ukiah Fire Marshal has expressed concerns that it could be difficult to reach persons that -may require emergency services while hiking the trail. Hikers could also be exposed to significant levels of danger during periods of high fire danger, which are also referred to as "Red Flag Warning Days". Significance Criteria: A significant impact to the environment and the public associated with hazards and hazardous materials would result from a project if any of the following occurred: _ Creation of a significant hazard to the public or environment by routine transport, use or disposal of hazardous materials or from foreseeable upset and accident conditions; Emission and/or handling of hazardous, acutely hazardous materials, substances, or waste within'/ mile of an existing or proposed school; Location of a project on a listed hazardous materials . site compiled pursuant to Government Code Section 65962.5; Impairment/interference with adopted emergency response plan or emergency evacuation plan; Potential Impacts: The proposed 1.5 mile trail will extend through a remote area of the City. It will also extend over a variety of terrains and 'through relatively dense forest areas that would hamper the location and evacuation persons hurt or lost during a hike. Hikers could also get caught in highly volatile forest areas during "Red Flag Warning Days", which are those days when fires are most likely to occur due to dry plant material, high winds, or other factors' Based on these impacts, the Ukiah Fire Marshal has recommended additional access points on adjacent City -owned property for emergency responders on All Terrain Vehicles be pursued on an on-going basis. The Fire Marshall has also recommended the trail close during "Red Flag Warning Days." 17. The project sponsors shall work with Mendocino County to display Red Flag Warning Day signage at the existing signage display area located near the entrance to Low Gap Park during days of extremely high wildland fire danger, as directed by the City Fire Marshal. 18. The project sponsors shall work with the City Fire Marshall on an on-going basis to establish additional trail access points for emergency responders across City -owned lands abutting the subject property. 19. The project sponsors shall work with Mendocino County to display. Fire Safety Information/Instructions approved by the Ukiah Fire Marshal at the existing signage display area located near the entrance to Low Gap Park before the trail is open to the public. 20. The project sponsors shall work with Mendocino County to have No Smoking signs displayed at the existing signage display area located near the entrance to Low Gap Park before the trail is open to the public. Impact Significance After Mitigation: The adoption of the mitigation measures listed above will reduce the potential exposure of hikers and other persons to emergency response and wildfire hazard levels that are not significant. City of Ukiah City View Trail March 6, 2009 31 INITIAL ENVIRONMENTAL STUDY 8. HYDRoLOGY AND WATER QUALITY Substantially deplete groundwater supplies or substantially with groundwater recharge Q) Place housing within a1 flood hazard area Potentially Significant Less Than Significant Less Than No Significant mdume or n lowering of the ko�o ~~ groundwater[� Impact With Mitigation Impact Impact Would the project: or Flood Insurance Map or other �o Incorporated ^� a) �'-'-- —" `--- quality or waste M R M discharge requirements? c) Z b) Substantially deplete groundwater supplies or substantially with groundwater recharge Q) Place housing within a1 flood hazard area thereinterfere such that _ would__ -� _ '_- defi- it in aquifer mdume or n lowering of the ko�o ~~ groundwater[� Fl [� � [�� �l table level (e.g.,(e.g., the producUon �� �� or Flood Insurance Map or other �o nearby wells would drop to a level which would ^� �� not support existing land uses orplanned uses for hazard delineation map? (Sounce: which permits have been grenbad)? c) Substantially alter the existing drainage pedtern of the site Drarea, including throuh the alteration of structures which would impede or redirect flood the course of a stream orhve� in ano which Fl Fl �l B� -- ^~ �� result in substantial erosion ormU6uUon on - flows? or-- d> Substantially the site or area, including through the alteration of the course of ~ stream or river, or substantially~^ Fl �l Fl �� increaoetheraoramo�ofaVrQa�aruno�hna �m �� manner which would naauK in flooding on- o, off-site? e\ Opaote or contribute runoff water which would exceed the capacity of existing or plannedstormwater drainage Systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? E] Q) Place housing within a1 flood hazard area as mapped on a federal Flood Hazard Boundary �l �l �l or Flood Insurance Map or other �o ^� ^� �� = hazard delineation map? (Sounce: h) Place within a 100_year flood hazard area structures which would impede or redirect flood flows? U Expose people or structures to o significant risk of loss,^ injury or death involving- flooding,-inc- --'` flooding as o result of the failure of a levee dam? ') Inundation bvmaiche'tsunami, o,mudflovv7 City of Ukiah City View Trail March 6, 2009 32 INITIAL ENVIRONMENTAL STUDY Discussion: Three major creeksflow througb the City on their way to the Russian River, with adjacent areas identified by the Federal Emergency Management Agency (FEMA) as being potentially subject to flooding events. Additionally, there are numerous low-lying areas within the City that are subject to short-term flooding during the winter months. The 80+ acre project site does not include any Major creeks, but the proposed trail would traverse a drainage that flows into Orrs Creek, as well as two large gullies that drain onto the municipal golf course to the east. Domestic water quality, as well as the quality of creek waters in the City is rated as very good. Significance Criteria: Significant impacts associated with hydrology and water quality would result from a project if water quality standards or waste discharge requirements were violated; groundwater and surface water quality and quantity were substantially altered; drainage patterns were substantially altered that would increase erosion/siltation and increase surface runoff; increase runoff that would exceed capacity of existing or planned drainage systems or add a substantial source of pollution; located on a 1 00 -year floodplain; or expose people to hydrological hazards such as flooding or inundation by selche, tsunami, or mudflow. Potential Impacts: Potentially adverse impacts- to site hydrology and water quality are discussed below. Creeks and Water Quality: The proposed trail does cross a drainage that serves as a minor tributary to Orrs Creek and as indicated above, a small footbridge is `proposed to span the drainage. The footbridge construction has the potential to cause erosion into the drainage and subsequently into Orrs Creek if the work is not performed carefully. This potential impact is not considered. to be significant since the trail will be constructed with trail and footbridge construction standards that are designed to mitigate such impacts and will be inspected by the Public Works Department prior to, and during, trail and bridge construction. Furthermore, the proposed trail and bridge will replace an unplanned footpath that extends directly down the banks of the creek and through the drainage. This path shows signs of substantial signs of soil erosion, and its closure actually has the potential to improve the quality of the creek banks and the resultant water quality within the creek. The proposed trail will also cross two gullies twice, resulting in a total of four spots where bank erosion and the production of silts and other adverse water quality impacts could occur. Trail designs call for the placement of small half -culverts over these gullies, with cement bags and earthen materials holding the culverts in place. It is not anticipated that these improvements will. cause significant adverse levels of stream siltation or other water quality impacts because they are minor and the gullies drain eastward toward the golf course, with no direct entry into Orrs Creek. Flood Hazards i- The Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency reveal that the entire site is situated in Zone "C", which is the designation is assigned to those areas that are outside the 100 -year floodplain. The trail would cross a drainage and the two gullies discussed above, but none of these areas show signs of major flooding in the past and it is not anticipated that persons using the trail would be exposed to flooding hazards. The proposed footbridge and gully culvert crossings Will expose hikers to occasional flooding if the drainage and gully crossings are subject to abnormal flooding events. However, both the bridge and I 1 9 the gully culvert crossings are typically constructed to accept large water flows through and over them and hikers will not be endangered if they do not attempt to cross them when inundated by high City of Ukiah City View Trail March 6, 2009 33 INITIAL ENVIRONMENTAL STUDY, waters. Additionally, Public Works Department staff will review project plans for these crossings to ensure that they are located high enough above --creek and gully channels to ensure they do not adversely impacts watercourse flows during normal storm periods. Water Quality Standards: The subject property is not served by a domestic water source or any wells from an approved public or private water supplier. However, no water fountains or other water serving devices are included' in its design, so none are needed. Accordingly, it is not anticipated that the proposed project would cause a violation of any water quality standard, or have an adverse impact on the domestic water quality of future owners of the proposed parcels or the property owners in this vicinity. Groundwater Supply and Recharge: No groundwater or other water is required to construct or maintain the proposed trail and none will be provided to persons hiking on the site. Accordingly, it is not anticipated that the development of the trail. on the subject property would have a significant adverse impact on groundwater supplies or the ability for the watershed to recharge. Wastewater: The construction and maintenance of the proposed trail will not cause any wastewater since there will be no toilet facilities along its 1.5 -mile length. Accordingly, it is concluded that the project will not have a significant adverse impact on the wastewater treatment plant or natural environment. Mitigation Measure: None required. Impact Significance after Mitigatiow Not applicable. 9. LAND USE AND PLANNING Less Than Potentially Significant Less Than No p impact Significant Significant Impact with Mitigation P Impact Would the project: Incorporated a) Physically divide an established community? (� b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general ❑ plan, specific plan, local coastal program, or zoning El ID ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation El or natural community conservation plan? Discussion: The City of Ukiah is a compact urban environment, and functions as the County seat for Mendocino County. Commercial, residential, and industrial land uses are planned for specific areas, as set forth in the 1995 Ukiah General Plan. 1,11Y or UKian City View Trail March 6, 2009 34 INITIAL ENVIRONMENTAL STUDY - The Ukiah General Plan Land Use Map designates the hillside area containing the project site for Rural Residential land uses and the Ukiah Zoning Map places the site; -in the RA -H (Single Family Residential — Hillside) Zoning District. Significance Criteria: Significant land use impacts would occur if the project substantially conflicted with established uses, disrupted or divided an established community,. or r resulted in a substantial alteration to present or planned land uses. Proposed project consistency; with the Ukiah General Plan and zoning and any other applicable environmental plans and policies is also evaluated in making a determination about potential land use impacts. General Plan: I The Vision Statement contained in the General Plan calls for a number of desired outcomes. These include: 1. Creating a sound, stable community-based economy that uses resources wisely. 2. Ensuring community involvement 3. Using resources responsibly' 4. Ensuring aesthetics in plan ' ning and development 5. Creating an ecologically sustainable community with a sense of itself Explanations are included under each of these Vision Statements. The following graphic depicts the two Vision Statements that include explanations that relate to the proposed City View Trail: City of Ukiah City View Trail March 6, 2009 1112. 0.Orbfl pan6 -415 t1flo Po Cies* -fait a*& -t of,Whbandwb-at� we are; living —.80APY. W), I V A 00MMI 1, is viii limits -and in','fiarmoi� whh natwal,p, '9 oR*bkstd: on raqw -Fq*40e$i WWWO� .0 -a A- -too rouse rather 6ah -*4way — consumption.4 We ;Py.im p., cortvt nSenr P o. t 4W169'.. lr 0-PPYA-lop 'A Y -that rtspeas ciiltdro e:lxiietisl%ip ana academic grotc%th We t nvts�on good places fo young W& toW, Wns"Wft things heafi of everythm V-1 -0 . . . . . . . . S' wo, 4 comti�uivty� built an "a shared rern for the slualiry of life tf iat has lar�ught "tis. io this itcial place. St 1. 1.) a that completrien rather than ceitnprotzus0 the: zatt *! baory of his valley We twils"on pleasant pla,',t for people io cor its ' bPRVON PUb1JV- P�aas, arrears wthrecnery ye YMW wt and a d4.JoW d shady Oljr6ed to, enco=21-0 walking, blia"Y".4'-.1ingi and pubb"' al 0"s; cq=— thr-4.1i im- &Mtn.-( c e-rdw . 'W W't envjsio>Y agrrcu%aual tangs and nati�vlr greened in rhe bf P Valley enh-me-hq; *00n into Plitit *t 96 i:,WYIU Y-' 35 INITIAL ENVIRONMENTAL STUDY. The Vision Statements include the following language: "We envision pleasant places for people to come together, beautiful public places..." "We envision outdoor recreation development..." Staff is able to conclude that the proposed hiking trail is consistent with these Vision Statements Zoning: As indicated above, the City -owned project site is zoned R -1-H. While a public hiking trail is not a typical land use established in this zoning district. However, Section 9022 of the City Code (Determination of Appropriate Use) allows the City Director of Planning and Community Development to determine if a use that is not listed as "allowed" or "permitted" can be established in the district. In order to make the determination, the Director must find that the use would not be incompatible with other existing or allowed uses in the district, that the use would not be detrimental to the continuing residential development of the area; and that the use would be in harmony and consistent with the purpose of the District. The purpose of the R-1 district is to preserve, protect and enhance low density residential neighborhoods. The purpose of the residential Hillside District is to promote fire and geologic safety, and aesthetic qualities. The. Director of Planning and Community Development considered the matter and found that the proposed public hiking trail would not prohibit further residential development in the area or adversely impact the existing nearby low density neighborhoods, because it would be located on 80 acres of City -owned lands and would be situated substantial distances from existing residences. Accordingly, it was determined that in this case, the public hiking trail was an "allowed" land use. Based on this determination, Staff is able to conclude that the project is consistent with the Ukiah general Plan and R-1 H zoning district. Potential impacts: The development of a narrow hiking trail on City -owned property would not conflict with established uses on or near the subject property or disrupt an established community because the route does not come close to 'existing rural residences and it ties into existing trails in Low Gap Park. Similarly it would not result in an alteration to present or planned land uses because adjacent parcels are either used for park and recreation activities or built out with single family residences. Mitigation Measures: None required. Impact Significance After Mitigation: Not applicable. City of Ukiah City View Trail March 6, 2009 36 INITIAL ENVIRONMENTAL STUDY 10. NATURAL and MINERAL RESOURCES potentially Less Than Less Than Significant Significant With Significant No Mitigation Impact impact Impact Incorporated p :Would the ro'ect: a) Result in the loss of availability of a known natural or 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 natural or mineral resource recovery site ❑ delineated on a local general plan, specific plan or other land use plan? Discussion: The project site contains no known mineral resources that would be of value to the region and the residents of the state and would not result in the loss of a locally important mineral resource recovery site delineated by local General Plans or other local plans. Significance Criteria: Impacts to Mineral and natural resources would be substantial if the proposed project resulted in the loss of significant or locally important materials such as minerals, gravel, sand, and heritage trees. Potential. Impacts to Mineral Resources: The project site contains no known mineral resources that would be of value to the Ukiah community or region and is not the site of an important mineral resource recovery site. Furthermore, the construction of an unpaved trail over these lands would not preclude mineral recovery if such sources were discovered and it was determined that it would be feasible to mine these minerals. Therefore, no mineral resource mitigationsare required. Mitigation Measures: None required. Impact Significance After Mitigation: Not applicable 11. NOISE Potentially Less Than Less Than Significant With No Significant • Mitigation Significant impact Impact incorporated impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of -standards established in the ® ❑ local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise ❑ ❑ ❑ levels? City of Ukiah City View Trail March 6, 2009 37 INITIAL ENVIRONMENTAL STUDY 11. NOISE Less Than Potentially Significant With Less Than Significant g Significant No Impact Mitigation impact Impact Would the project result in: p Incorporated c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport; would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or ❑ working in the project area to excessive noise levels? ❑ 0 ❑ ❑ ® ❑ ❑ ❑ z ❑ ❑ Discussion: Aside from the various single-family residential neighborhoods, the City is generally noisy due to its dense urban environment and the presence of major streets. However, the western hillside area is not densely developed and therefore does not have the typical background noise associated with. a city, such as; automobile and truck traffic, collections of human voices, street working crews and heavy equipment, etc. The western hillside area proposed for the trail development is a mostly quiet environment that experiences the typical noises of a natural woodland hillside setting such as those made from birds, insects, wind, etc. Some background traffic noise can be heard in the area, but this noise is not substantial or overwhelming to the senses Significance Criteria: A project will typically have a significant noise impact if it meets any of the following criteria: 1. Exposes people to or generate noise levels in excess of standards established in the local General Plan or noise Ordinance. 2. Causes a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. 3. Causes a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project. City of Ukiah City View Trail March 6, 2009 38 INITIAL ENVIRONMENTAL STUDY Potential Noise -Related Impacts: The Ukiah General Pian identifies the significant noise sources in the City as transportation noise from coming from major roadways, railroad operations, industrial plants, and airports. Single-family residences are not identified as significant generators of noise. In fact, a single-family residence is identified as a "noise -sensitive" land use, along with churches, libraries, hospitals, etc. The focus of the 'Noise Element in the General Plan is to protect the noise - sensitive land uses from transportation, industrial, railroad, and airport noise. It establishes noise contours around these noise sources in the community, where typical noise can exceed the defined threshold of 60 dB (decibels). The subject property is not situated within these noise contours. The City Noise Ordinance establishes a maximum level of noise emanating from single family residences to 40 decibels during the hours of 10:00 p.m. to 7:00 a.m.; 50 decibels from 7:00 a.m. to 7:00 p.m.; and 45 decibels from 7:00 p.m. to 10:00 p.m. Hiking typically is not regarded as a loud noise producing activity, and there is no evidence that people hiking on the future public hiking trail would produce loud noises that would exceed these noise levels. Short-term noise impacts are expected during the actual construction of the trail, particularly when these activities entail the use of the trail=dozer described earlier. This dozer would be used to construct over 90 percent of the proposed trail and its diesel engine is expected to cause short-term noise impacts for the residents of the abutting residences and some users of the Ukiah Municipal Golf Course and Low Gap Park. However, the noise levels caused by this machine are not expected to cause significant adverse increases to ambient noise levels since the machine will move along as the trail is constructed. Furthermore, the majority of the time, the dozer' will be operating approximately 100-200 yards from the, nearest private residence and over 150 yards from the golf course property. Furthermore, dozer noise is not expected to reach levels that are dangerous to human health and will not occur for prolonged periods of time. Therefore, it is anticipated that the noise projected from the site will cause a non-significant increase in ambient noise levels and no mitigation will be required. Mitigation Measures: None required. Impact Significance After Mitigation: Not applicable. 12• POPULATION'AND HOUSING Would the project: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new ❑ homes and businesses) or indirectly (for example, ❑ through extension of roads or other Infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement ❑ ❑ ❑ housing elsewhere? c) Displace substantial numbers of people, ❑ ❑ ❑ necessitating the construction of replacement housing elsewhere? City of Ukiah City View Trait March 6, 2009 39 INITIAL ENVIRONMENTAL STUDY Discussion: The 2000 census indicates that the population of Ukiah is 15,597 persons, with a slow and stable growth rate. The California Department of Finance population estimate for the City in 2008 was 15,758, which represents an increase of 161 people over the past 9 years. The growth rate continues to be slow. Significance Criteria: Population and housing impacts would be significant if the project induced substantial direct or indirect (e.g., road extensions) population growth in an area and displaced substantial numbers of existing houses and/or substantial numbers of people, thus requiring replacement housing elsewhere. Potential Impacts: Using the R-1 H zoned City -owned land for a public hiking trail would not preclude future residential development if the City were to sell the property to a private party. Moreover; as a result of the project, no loss in residentially zoned land would occur. Accordingly, Staff is able to conclude that the proposed hiking trail would not have an adverse impact on population or housing stock. Mitigation Measures: None required. Impact Significance After Mitigation: Not applicable. 13. PUBLIC SERVICES Less Than Potentially Significant Less Than No p Significant Significant Impact With Mitigation Impact Impact Would the project result in: Incorporated p Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ❑ ❑ ® ❑ b} Police protection? ❑ ❑ 19 ❑ C) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ Discussion: Ukiah is a compact City with a full complement of public services, including fire, police, schools, parks, etc. City of Ukiah City View Trail March 6, 2009 INITIAL ENVIRONMENTAL STUDY Significance Criteria: Impacts to public service's would be significant if the project resulted in adverse physical. impacts upon capacity that would lead to construction of new public facilities or substantial alteration to existing governmental facilities to maintain acceptable service levels or performance levels. Potential Impacts to Public Utilities: Staff discussed the proposed project with the City Police, Parks, Utilities, and Fire Departments. No discussion occurred with Ukiah Unified School District staff since the project will not cause an increase in the number of students attending area schools. City Police Department: Discussions with the City Police Department reveals that the proposed project will not result in the need for additional Police officers, and will not have a substantial affect on their ability to serve the area. However, the Police Chief is supportive of the Fire Marshal's recommendation for on-going efforts to establish alternative access routes into the subject property via adjacent City -owned land. City Community Services Department: Discussions with the City Community Services Department reveal that the proposed project will require occasional trail maintenance, but there are no plans at this time to construct any other active park resources on the site. "therefore, the conversion of the site to parklands will not result in the need for additional staff or park facilities, and will not have a substantial affect on their ability to maintain the site or other City -owned park facilities. City Utilities Department: Discussions with the City Utilities Department reveal that the proposed project will not result in the need for new or expanded would generation sources since it will have no facilities that require electrical power. Therefore, it would not Cause the need for additional staff to maintain the current City -owned electric service facilities. City Fire Department: The City Fire Department indicated it could provide adequate fire protection service to the area, but was concerned that the regular use of the trail could increase the potential for wildfires and expose more persons to wildfire dangers and medical emergencies. However, the Fire Marshal does not anticipate that service to the area will require an increase in the number of fire safety personnel or other resources provided the fire protection and access measures recommended in the Hazards and Hazardous Conditions section discussion above are implemented. Ukiah Unified School District: No impacts to this district's schools are anticipated since the development of a hiking trail will not cause any increase or decrease in the number of students attending area: schools. Mitigation Measures: None required. Impact Significance After Mitigation: Not applicable. City of Ukiah City View Trail March 6, 2009 41 f INITIAL ENVIRONMENTAL STUDY 14. RECREATION! EMMOMMUMMOMMMMM Potentially Less Than Significant Less Than No Significant Impact With Mitigation Significant Impact Impact P Would the project: Incorporated a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility ® ❑ would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ❑ recreational facilities which might have an adverse physical effect on the environment? Discussion: Recreation resources in the City of Ukiah are abundant and well maintained. Outside the City limits there are substantial recreational resources and open space areas available to the general public. Significance Criteria: Impacts to recreation would be significant if the project resulted in an impact upon the quality or quantity of existing recreational opportunities or required the creation of new recreational facilities. Potential Impacts: The parklands established by this project have no formal public access at this time, but the site is accessed by a number of footpaths from the abutting Low Gap Park and private properties. It is unknown how many people hike on the property without authorization. It is clear that the development of the proposed trail system over a portion of the 80+ acre site will result in an increase in people using the property for hiking. However, the increases are not expected to be substantial in number or duration — certainly not to the point where the trail is overcrowded and/or to a point where maintenance becomes burdensome. Furthermore, the development of the trail will allow a single maintained access that is expected to discourage the use of the unmentioned footpaths or the development of new paths, which could improve the site's overall condition. It is concluded that establishment of the trail will not result in a need for additional park maintenance staff, equipment or other resources. Mitigation Measures: None required Impact Significance After Mitigation: Not applicable. City of Ukiah City View Trail March 6, 2009 42 INITIAL ENVIRONMENTAL STUDY TRANSi3ORj"AlION/TRAFFIC Potentially Less Than Less Than No _-- Significant Significant with Mitigation Significant act Impact Imp ❑ Impact Incorporated would the project: congestion management agency for designated a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of c) Result in a change in air traffic patterns, including the street system (i.e., result in a substantial ❑ increase in either the number of vehicle trips,'th'e ❑ volume to capacity ratio on roads, or congestion at location that result in substantial safety risks? intersections)? d) b) Exceed, either individually or cumulatively, a level of service standard established by the county ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ❑ either an increase in traffic levels or a change in ❑ location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ El El intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ f) Result in inadequate parking capacity? ❑ g) Conflict with adopted policies, plans, or programs bus ❑ ❑ supporting alternative transportation (e.g., turnouts, bicycle racks)? Discussion: Ukiah is a rural city that is not experiencing significant population growth. However, as the government and commercial center for Mendocino County, the City has been growing in terms of commercial ,development. This has increased traffic and its corresponding delays at intersections, particularly during the a.m. and p.m. peak hours. Recent traffic studies have shown that the delays at some key commercial intersections, have substantially increased in the past several years. Significance Criteria: According to the Ukiah General Plan Circulation Element, the minimum acceptable level of service (LOS) on City commercial streets/intersections is� LOS "D." Other criteria include whether the project would have substantial effects upon air traffic patterns; whether the project would increase traffic hazards due to design features, whether the project, has inadequate emergency access; whether the project has inadequate parking capacity; and whether the project would create conflicts with adopted policies, programs and plans for alternative transportation. City of Ukiah City View Trail March 6, 2009 43 INITIAL ENVIRONMENTAL STUDY Potential Impacts: There is no means to reliably forecast the number of persons that would hike on the new trail. However, it is anticipated that a fully. --developed trail will increase the number of hikers on the site, but it is not anticipated that this increase will be much higher than the number of hikers that already utilize the area and/or Low Gap Park. Access to the hiking trail will actually be off an existing trail in this park and informal staff surveys of the traffic using the park showed regular arrivals and departures, but no overwhelming number of vehicle trips. Furthermore, the proposed hiking trail is a more remote and longer in distance, and it is probable that its heaviest periods of use will occur on weekend days or holidays when high traffic generators along Low Gap Road (Ukiah High School and the Mendocino County office complex) are typically closed. Therefore, the number of persons driving to the projected Low Gap Park access point is not expected to increase substantially during the peak hours of use on Low Gap Road. Mitigation Measures for Potentially Adverse Public Services Impacts: None required. Impact Significance After Mitigation: Not applicable. 16. UTILITIES AND SERVICE SYSTEMSy Less Than Potential) Significant Less Than No Significant with Mitigation Significant Impact Impact Incorporated Impact Would the project: a) Exceed wastewater treatment requirements of the ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of El ❑ existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ ❑ ❑ facilities, the construction of which could cause 10 significant environmental effects?, d) Have sufficient water supplies available to serve the project from existing entitlements and ❑ ❑ ® ❑ resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or, may serve the project that it has adequate capacity to serve the ❑ ❑ ® ❑ project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ disposal needs? City of Ukiah City View Trail March 6, 2009 44 INITIAL ENVIRONMENTAL STUDY 16. UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Less Than Significant With Mitigation incorporated Less Than No Significant Impact Impact Would the project: g) Comply with federal, state, and local statutes and regulations related to solid waste? Discussion: The City of Ukiah provides water, sewer, and electrical services to the City. Discussion with the various Staff at these Departments reveals that all these services are available to serve the project site. The proposed park site will remain largely undeveloped and the construction of the trail will require no public utilities, including electrical, water, storm drains, sewer treatment, or waste disposal service. Service to the proposed project site will not be required since no active park facilities are planned for the site and the proposed hiking trail will have no lighting or other facilities that require electricity. The project does not include the construction of gas lines to serve the proposed future residents. Significance Criteria: Impacts to utilities and service systems would be significant if the proposed project results in a physical need to develop new systems or causes a substantial physical alteration to existing facilities. Potential Impacts: No impacts to public utility services are anticipated since the site will not be developed with any active recreation facilities that such services. Mitigation Measures: None required. Impact Significance After mitigation: Not applicable. MITIGATION MONITORING AND REPORTING: AB 3180 requires all public..agencies to adopt a monitoring and reporting program whenever they adopt an EIR or. "Mitigated Negative Declaration." The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration require the applicants to incorporate or comply with. the Mitigation Measures listed in the document. The Mitigation Monitoring and Reporting Table is included as Attachment 1. City of Ukiah City View Trail March 6, 2009 45 INITIAL ENVIRONMENTAL STUDY MANDATORY FINDINGS. Potentially Less Than Less Than No Significant Significant With Significant Impact Impact Mitigation Impact Incorporated Does the broiect:. a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, ❑ ® ❑ ❑ reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the, major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means. that the incremental effects of a project are considerable when viewed in ❑ ❑ ❑ connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ ❑ either directly or indirectly? City of Ukiah City View Trail March 6, 2009 it. INITIAL ENVIRONMENTAL STUDY 1. City of Ukiah General Plan, 1995 2. The Linkage Between Land Use. Transportation and Air -Quality, State Air Resources Board, 1993. 3. The Land Use - Air Quality. Linkage: Howland Use andTransportationAffect Air Quality, State Air Resources Board, 1997. 4. Transportation -Related. Land Use Strategies to Minimize Mobile Source Emissions: An Indirect Source Research Proiect, State Air Resources Board, 1995. 5. Inc., 6. General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section, Michael W. Skenfield, October, 1991 7. Soil Survey of Mendocino County. Eastern Part and Trinity County, Southwestern Part, California, U.S. Department of Agriculture = Soil Conservation Service, January, 1991. 8., A History of the Salmonid Decline in the Russian River, Steiner Environmental Consulting, August, 1996. 9. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). 10. Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996. 11. City Air Photographs, 2006 12. Western Hills Constraints Analysis Study. Leonard Charles & Associates, November, 2001 13. Discussions with the following City staff and Agency representatives: a. Chuck Yates, Fire Marshal b. Sage Sangacomo, Director of Community Services c. Rick Sands:Sewer/Water Engineering Specialist d. Mel Grand,;Electrical Distribution Engineer e. Tim Eriksen; Public Works Director/City Engineer f. Chris Dewey, Director ofPublicSafety g. Neil and Andrea Davis, Ukiah Valley Trails Group 1. Mitigation Monitoring and Reporting Verification Checklist 2. UVTG Trail Construction Guidelines City of Ukiah City View Trail March 6, 2009 47 INITIAL ENVIRONMENTAL STUDY /attachment 'I MITIGATION MONITORING HOW AND WHEN VERIFICATION FUNDING MEASURES RESPONSIBILITY RESPONSIBILITY Planning and During site Aesthetics and Community preparation and Planning Applicant Visual Quality Development construction Department Staff Department Staff activities 1-10 Initial: Planning ;and During site Air Quality Community preparation and Planning and Applicant Development construction Public Works Staff 11-14 Department and activities Public Works Staff Initial: Planning and During site Geology/Soils Community preparation and Planning and Applicant Development construction Public Works Staff 15 Department and activities Public Works Staff Initial: Planning and During site Cultural Community preparation and Planning and Applicant Resources Development construction Public Works Staff Department and activities 16 Public Works Staff Initial: Planning and During construction, Hazards Community and on-going Planning Staff and Applicant Development Fire Marshall 17-20 Department and Fire Marshall Initial: City of Ukiah City View Trail March 6, 2009 48 Ukiah Valley Trail Group Philosophy and Design ---and Maintenance Standards Trail Philosophy: Central to the Ukiah Valley Trail Group's approach to trails is the recognition that our world is, one of finite resources and, since demand for these resources is increasing steadily; insightful management is of utmost concern. The Inland Mendocino County Trail system must be designed to utilize resources in ways that benefit all non -motorized users. This entails providing adequate accommodation and accessibility, rather than focusing on individual user groups. The. increased sharing of friction sometimes creates ction between the diverse user gr , oups vying for more trail space. This Trail Plan acknowledges that a certain amount of ftiction is inevitable and therefore focuses on planned communication to minimize the differences and optimize the benefits derived from these precious- resources. Plans for optimal use of trail resources must be in concert with the objective of natural and cultural resource protection. Any decisions on resource use affect not only local residents and visitors, but our natural and cultural habitat as well. If we make responsible decisions concerning preservation of our resources, we will succeed in our custodial duties to the environment while at the same time providing enjoyment for current and future generations. Through well designed, constructed and maintained trails we will accomplish optimal public access while accommodating resource conservation. Providing the public with increased access to trail and greenways is not enough; we must also strive to promote the abundant benefits that derive from them. Trail benefits include recreation, transportation, energy conservation, environment and habitat protection, fire suppression, ppression, improved physical and mental health, and local economic benefits. Informing the public of the significant benefits expands p6lic awareness of the advantages that trails and greenways offer to the individual and the community. Gaining public support thereby encourages policy makers to support trails and greenways and to increase funding to better manage the trail system. Improving relationships and interaction between government entities and the private sector will be necessary for the effective development of a well planned and managed trail and green -way. system. Open communication between all levels of government and interested parties enhances the finding of common objectives by making individuals and groups part of the solution. Linking communities and trail advocates in trail planning minimises land use conflicts and allows for optimal resource use. Joint planning emphasizes the development of interconnected trails in natural settings and a united effort creates a stronger voice for advancing trail proposals. Goals: The goals for the Lake Mendocino Trail Plan should include 1) generalized goals for the development of a quality local trail system, 2) specific goals'for the Lake Mendocino trail system, 3) goals for how the Lake Mendocino trail system will link, and be a part of, the greater Ukiah Valley Trail System and 4) goals for using trail improvements and quiet -use recreation ethics as a tool for ecosystem restoration and preservation. - The general goals that define a quality trail system include: 1 -Adequate mileage - Moderate strong bike or horse riders ride 15-20 miles in a day - Endurance riders will ride 100 miles in a day - There are approximately 24 miles of trail in the Ukiah Valley Lake Mendocino currently has approximately 16 miles of trail and is near to maximum capacity. Small increases are necessary but can be mitigated withroad closures and road to trail conversions. Employing a "stacked loop" design can maximize the trail experience within the capacity. 2- Connectivity - A single recreation area is unlikely to meet all the community's needs. - Trails that connect the various areas are therefore necessary. - Connectivity allows trails to fulfill a transportation role. - Lake Mendocino Trails do not currently connect with any other trail systems. - Priority should be given to approving trails that link Lake Mendocino to outlying areas. 3- Variety of environments - An example of each of the area's micro -ecosystems should be included, such as Riparian, oak woodland, mixed hardwoods etc. Trails should include sunny areas; which will be more desirable in the winter, and shady areas for summer use. 4- Variety of trail experiences - Different trail users appreciate different trail characteristics. - Equestrians generally prefer wider trails. - Mountain bikers generally prefer lots of rolling ups and downs with lots of turns. - Runners tend to prefer gentle grades. - Advanced users desire more "technical" or challenging trail - narrower with a rougher, more uneven tread. A quality trail system will provide a variety of trail experiences. A small trail system should focus first on trails that meet the needs of the majority of users. 5- Easy Access/Options - Users need to be able to get from home to trail quickly and start their experience. - The first trail from the trailhead should be an easy trail, wide and smooth - suitable for all users. - As users delve fin ther into the system, the trails should increase in difficulty. - "Stacked loops" of trails allow users to return by a different route while providing a variety of options. 6- Signage I Mapping - All trails should be named and signed. - All trailheads should have an information kiosk. - Maps should be readily available for all trails. 7- Sustainability &, Maintenance - Trails need to be well maintained. - Trails designed to sustainable standards require much less maintenance. MUM�:r rrl1111 111, 1 111r.r rr r, II.. r yrc Reroute — a trail maintenance project that starts and ends on a single existing trail and abandons the trail between those points will be termed a reroute. Trail - A trail is specifically designed, designated, developed; and maintained as a recreational corridor for the exclusiveuse of.non-motorized vehicles. It is typically not more than 4 feet wide, unpaved and generally requires users to travel single file. Use Trail - A Use Trail is a trail that has been created without a planning process and or approval by the repeated historic exploration of users. Multi -Use Trail - A multi use trail is a trail that is open to non -motorized users including hikers, runners, equestrians, and bicyclists. All trails in the Lake Mendocino property will be multi use unless compelling reasons are presented to necessitate partial closure. (Such as the Shakota trail which is currently closed to equestrians.) Road - Any transportation corridor designed for motor vehicle use and open to motor vehicle use. Although roads may be necessary for maintenance, further road building should be avoided and road closures should be pursued where possible. A road may be used for recreation but is not a trail. Fire Break -Although trails act as small firebreaks and have been known to stop fires and can be used as locations to start' backfires, a firebreak is not a trail. Trail Maintenance and Repair 2 - Maintenance and repair of existing trail is performed to return the trail or trail segment to the standards or. conditions to which it was originally designed and built, or to improve it to comply with more current design standards to achieve sustainability. The act of maintenance and repair includes but is not limited to: - Removal of debris and vegetation from the trail corridor, clearing encroaching brush and grasses, removing rock slides, etc.- Maintenance of trail tread such as fillingruts and entrenchments; reshaping trail bed, repairing trail surface and washouts; installing rip rap; constructing -retaining wall or cribbing - Erosion control and drainage, replacing or installing necessary drainage structures, water bars, culverts; realigning sections of trail to deter erosion or avoid boggy/marshy areas. - Repair or replacement of existing trail structures. Upgrades and short reroutes to improve sustainability and decrease maintenance needs. Trail head and slope characteristics 1. Trail Width: Trail beds shall be built and maintained with a goal of being three feet wide. Topographical, vegetation, or resource constraints may require sections that are less than three feet. Rationale: Allows users to pass by each other safely. 2. Rolling "Contour" Trails: Trails shall be built with the contour of the topography (plus or minus 10%) utilizing side -slopes and avoiding flat areas as much as feasible. Rationale: Building trail along fall lines or in flat areas creates erosion. "Contour" trails allow water to sheet off the trail and flow downhill. Keeping trails on hillsides keeps them out of flatter, wetter areas. Trails built in wet, areas are not sustainable. Users tend to walk along edge of trails, creating trail widening. Wet areas are more prone to soil compaction and displacement. "Contour trails create changing view sheds that add to the enjoyment of the trail. 3. Average trail grade less than or equal to 10%: The average slope of the trail will be less than or equal to 10%, some slopes will be greater and some less. Side slope, soil type and natural obstacles will determine the grades for each individual section of trail. Sections that are over 10% should be short and .followed by a relatively flat section or grade reversal. Rationale: Most soil types can withstand up to 10% grades. Minimizes user -caused erosion. Allows for possible reroutes at a steeper grade if there is a future problem such as a slide. Accommodates undulations/grade reversals. Feels comfortable to most trail users. Grade reversals after steep sections allow the user t recover from the increased effort. 4. Sustainable trail alignment - Trail grade does not exceed "half -rule": The grade of the trail should not be greater than half the grade of the sideslope that the trail traverses. Rationale: Prevents erosion caused by water flowing down the trail rather than flowing down the hillside. Guides individual trail planning segments to fit the topography. 5. Maximum trail grades should be less than, 15%: Rationale: Although this rule might occasionally need to be broken, at least for short segments of trail, our observation is that most of the existing trails at Lake Mendocino are sustainable up to a grade of 15%. Higher grades, especially in areas exposed to weather, have suffered more erosion and damage from users. 6. Incorporation of grade reversals: Trails should incorporate frequent grade reversals every 10 to 50 feet, depending on soil type and topography. Rationale: Grade reversals provide areas for water to drain off of trails. As trails age, the shape of the trail bed tends to become concave, leading to the trapping of water. Grade reversals divide the trail into short, individual watersheds. 7. Build in outslope: Outer edges of trails shall be built and maintained so that they create an approximate 3- 5% slope from the inner edge of the trail. Rationale: Allows water to sheet off of trail, decreasing erosion. 8. Build in backslope: Depending on soil stability and composition, the area uphill of the trail shall be sloped extending upward from the trail. Rationale: Prevents a waterfall effect from water coming down the hill and dropping onto the trail tread. 9. Water Crossings: Water crossings should be avoided when possible. Trails shall be designed, built, and maintained to minimize sedimentation in streams: Bridges shall be the ideal with puncheons, culverts or "hardening" being considered should resource limitations; infrequent water flow, or low use combine to make a bridge impractical. Prioritization of water crossings should be considered with high use crossings receiving first resources. Rationale: Minimize impacts to the stream channel and environment. Create a safe and sustainable passages for trail users. Work within limits of resource availability and predicted impacts. Pruning Pruning vegetation is an essential and regular part of trail maintenance, especially in brushy chaparral areas. Multi -use trails should have 10' vertical and 8' horizontal clearance (though there will be exceptions for the sake of protecting a tree or skirting around a large boulder). Too often, trail pruning is. accomplished in the most expeditious manner possible -- a branch intrudes within the walking/riding space of the trail and is quickly lopped -off so that it doesn't intrude and the debris is indescriminantly tossed aside. However, our goal in trail maintenance is to maintain a trail in as natural appearance as possible. A quick pruning job deals only with the function of trail maintenance, not the aesthetics. There are 6 elements of acceptable pruning in the State Park System. Each of these elements makes pruning a more tedious maintenance task, but results with a trail that is compatible with the natural environment. Do not toss debris! Branches that are randomly discarded usually end up hanging in adjacent shrubs or trees. These dead branches are both unsightly and create a fire hazard. Place debris, out of view. This element requires the extra effort of dragging branches under and around shrubs. Place the butt (cut) end away from the trail. This will help disguise the debris. .Each cut branch should be touching the ground to promote decomposition. This means that brush piles are not appropriate. Pruning should be done sensitively so that the trail appears natural and not as if a chain saw just blasted through. Trail users should not be aware that any maintenance work has recently been done. Prune to the collar of any branch stem for the health of the shrub and a more natural looking result. At the base of any branch there is a wide section that contains a plant's natural healing agents. Any pruning performed away from this collar will expose the plant to a greater risk of infection. A cut at the collar will naturally heal. For large branches over 2" in diameter, cut from the bottom, then cut down from the top. This prevents tearing of the bark, reducing infection. IAbove ground care. Provide necessary clearances from trees by pruning. Make natural target pruning cuts and remove only the minimum live branches necessary to achieve the clearance. Use either or both of the following documents as part of the guidelines: a.ANSI standard that pertains to pruning. b.Best Management Practices, "Tree Pruning". Both are available from ISA (International Society of Arboriculture)...www.isa- arbor.com or 888- ISA -TREE 2.Below ground surface care (root protection). Where soil cuts are to be made under tree crown (within dripline), it may be necessary to apply remedial care. This includes: - Prune injured roots. After excavations, cut any exposed roots back to firm soil, removing any jagged or torn pieces. Cuts should be made with a pruning tool (saw, loppers, hand shears, etc.), rather than a digging or chopping tool. -Mulch over exposed root/soil area. Use an organic mulch, possibly "borrowing" some leaf or duff material from adjacent areas. -Remove any excavated soil that has been deposited near on the base of the trunk. Design considerations: - Avoid cutting into the ground under good specimen trees. A "good" specimen is one with sound structure and in good health; usually, the larger trees are more favored than the smaller, ones, but his is entirely arbitrary. - If a cut into the soil beneath a tree has to be made, it should be done away from the base as far as possible. On larger trees (those 12 in. dia. and greater), stay at least 6 - 8 ft. from the trunk base. On smaller trees, this: distance can be reduced. These distances are based on where the main support roots are likely to be. 10. References: The following references will be used as resources to establish best practices and resolve questions not covered in the above. Additional references will be added upon availability. Weber, Peter(Ed). 2007 Managing Mountain Biking: LWA's Guide to Providing Great Riding International Mountain Biking Association. Boulder CO ISBN978- 9755023-1-X Birkby, Robert. 2.005 Lightly on the Land: The SCA Trail Building and Maintenance Manual. 2nd edition. The Mountaineers Books. Seattle WA ISBN Felton, Vernon. 2004 Trail Solutions, How to Build Sweet Single Track. Johnson Printing, boulder CO ISBN 0-9755023-0=1 Parker, Troy:Scott, 20.04..Natural Surface Trails by Design. NatureShape, Boulder,CO. ISBN0-9755872-0-X Steinholz, Robert &.Vachowski, Brian. 2001. Wetland Trail Design and Construction. USDA Forest Service Technology and Development Program Misoula, MT 8E82A.3 Birchard William & Proudman, Robert 2000 Appalachian .Trail: Design; Construction, and Maintenance. 2nd Edition Appalachian Trail Conference Harper's Ferry WV Demrow, Carl & Salisbury, David 1998. The Complete Guide to Trail Building and Maintenance, 3rd Edition. Appalachian Mountain Club Books. 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N •a o + -= U p fv< o •o OOC c49 m�.b fu En V) +- t 'O L- O U ct 0 1-- J 4-1 ri N M d Lt1 CD kkkk (Q � C C C G C C N O O fll fll N E E E E E E V U U U U U v v J U L M � II ,� II 0) m En = �D � TM's f__' (n to D t0 L �tDtfl ® i0 fo fu ai a) U L c u ami' m a a)_ 3 c(g0+-(D En .a N 00 W O O ; I�oo00��a' `V 1(>6 E-6--cri MUFTI: RUM IFOR!"n 1111011,11W 1) The Ukiah Valley Trail Group respects property rights. As such, we believe: a) recreational trail use should not negatively impact the established agricultural use of private land. b) that private land owners are not responsible for public recreation, including planning, development, liability and/or control. c) that private enterprise should be afforded every opportunity to develop and operate recreational facilities when and where feasible and compatible with public interest. d) that the recreational use statutes of the State of California are necessary and important protectors for land owners against the potential liability caused by users recreating on private property with or without the landowners consent; and that every effort should be made to both maintain and strengthen them. e) we believe in the value of preserving both open space and agricultural lands, while acknowledging they are not the same thing. f) that strong enforcement of trespass laws followed by meaningful punishment is vital to protecting both public and private lands from unauthorized and inappropriate use. g) that rural crime is a significant problem necessitating the combined prevention efforts of the entire community. As such, we pledge: To endeavor to include representatives from the agricultural community on committees concerned with recreational programs on or near agricultural lands. To endeavor to include local neighborhood representatives on committees concerned with recreational programs on or near residential properties. That we will oppose any new recreational trail access on private property without a property owners consent. We may however support trail access as a reasonable condition of permission to develop property. To give serious consideration to potential detrimental physical impacts ( garbage, vandalism, crop damage, etc.) to adjoining property owners as well as the liability to the landowner potentially created by locating trails adjacent to or across private property. To educate and assist our members as to the importance of acting as a neighborhood watch against rural crime to include efforts to prevent vandalism, trespass, unsafe fire behaviors and other potentially detrimental physical impacts. Ukiah Valley Trail Group. 9680 Laughlin Way, Redwood Valley, CA 95470 info@mendotrails.org www.mendotrails.org 707-972-0926 ITE O.: ioc MEETING DATE: May 6, 2009 City o,J-T--loch AGENDA SUMMARY REPORT SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF GOBBI STREET WATER WELL AND APPROVAL OF A BUDGET AMENDMENT TO COMPLETE REMAINING WATER WELL WORK ITEMS Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at the corner of Gobbi Street and Orchard Avenue. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next_ regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, and 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process. The drilling contractor, Zim Industries, completed mobilization and setup for the Gobbi Well on April 13, 2009. Drilling of the 18 -inch pilot hole was completed on April 15th. Zone testing and water sampling began on April 19th and is expected to be completed on April 30th. Plans and specifications for construction of the Gobbi St. Well System are 95% complete and under review by Public Works and Electric Utility staff. Continued on Page 2 Recommended Action(s): Receive the report and approve a budget amendment in the Water Fund in the amount of $700,000 Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Approved: J e Chambers, City Manager Fiscal Impact: The following items have been completed or are in progress and funds are currently available: Items Completed or In Progress Cost 1. CPT Evaluation for Water Well Construction and Gobbi Street Test Bore $ 19,375.00 2. Gobbi St. Well Construction $ 250,960.00 3. Gobbi St. Well Engineering and Design Services $ 70,000.00 4. Gobbi St. Well Drilling and Construction Oversight 1 $ 55,000.00 There are three remaining items to be completed. Completion of these items will require a transfer of funds from the Water Fund Balance into the Water Production & Storage Fund. Remaining Items To Be Completed Cost Estimate 1. Pump, Motor, and Motor Control Center $ 155,000.00 2. Water Well System Construction $ 500,000.00 3. Drill Remaining Test Bores $ 45,000.00 ® SE Corner of Gobbi Parcel ® SW Corner of WTP/Softball Complex Parcel ® RCHDC Property $-0- 820.260.000 Fund Balance 820.3908.250.001 $ 700,000 Budgeted FY 08/09 7 New Appropriation ❑ Not Applicable ❑X Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $-0- 820.260.000 Fund Balance 820.3908.250.001 $ 700,000 Jim ITEM N OTM MEETING DAT Cily (--7j, lzlkjarh AGENDA SUMMARY REPOR] 10d 5/6/2009 SUBJECT: LOCAL EMERGENCY DECLARATION REGARDING DROUGHT STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). Under the Ukiah City Code, the City Council may declare a Water Shortage Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE. The resolution contains recitals setting forth the drought conditions and the response to those conditions by the state, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control Board which the resolution seeks to address. Please refer to those recitals for details. Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by replying to the Sonoma County Water Agency ( SCWA) regarding actions that the City of Ukiah has taken, and will be taking, to address water conservation. Attachment 2 is a copy of that letter. The letter outlined actions that the City is taking, responded to SCWA's request for water use information, and included an outline of the City of Ukiah's water conservation program for 2009. Continued on Page 2 Recommended Action: City Council receive the status report on water shortage emergency, and provide further direction on water shortage activities as needed. Alternative Council Option(s): Citizens advised: N/A Requested by: City Manager Prepared by: David J. Rapport, City Attorney Coordinated with: City Manager Attachments: Attachment 1 — Resolution Approved: fi`>�-L��- J Chambers, City Manager RESOLUTION OF THE CITY COUNCIL OF THE CITY O UKIAH DECLARING A LOCAL PURSUANT TO THE EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDERSECTION 3602 OF O1 1. Lake Mendocino and the Russian River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches; and 3. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April — June is 4.8 inches; and 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SWRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWA") to reduce in -stream flows in the Russian River to 75 cfs from April 6 -June 30, 2009 and to as low as 25 cfs for the period July 1 -October 2, 2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April 1 -June 30, 2009; and 11. The order approving temporary changes to the minimum in -stream flows required by the appropriative rights permits issued to SCWA is subject to several conditions, including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to "obtain the cooperation and participation of agricultural and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009)"; and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual local governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code §§ 8631-86-34); and 15. In a declared local emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency; and 16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate provisions of Division 4, Chapter 1, Article 11 of the Ukiah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as may be required to reduce water demand to coincide with available supply; and 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in Lake Mendocino; and 19. Stage II and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on "nonessential water use" in a Stage II water emergency and a limit on the daily use of water by different classes of water user in a Stage III emergency; and 2 20. The City can declare a Stage II or Stage II emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate reduction in the use of Russian River water or in water use generally to meet the available supply; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares a local emergency due to drought under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Ukiah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 ("Conservation Period"), and to report back to the City Council at each City Council meeting field during that same time period on the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a Stage II or III emergency, if necessary to achieve that level of water use; c. at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in a Stage II or III Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the State Water Resources Control Board; c. to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None ATTEST) Lindh �Bro City Clerk //4- � Xkj,-', Philip E. aldwin, Mayor April 28, 2009 Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. I do not know when your letter was received by the City of Ukiah, but it arrived at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current drought conditions directly to my office, as that will assist us in making timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced since.2004 by 13%. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use. Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please find the City of Ukiah's Water Conservation Program which outlines current activities the City is taking to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City of Ukiah must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wells #3 and #4. The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well #3 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well #4, which is percolated groundwater. ® On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A, 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 7071463-6200 Fax# 707!463-6204 Web Address: www.cityofuklah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant. At the current time, it is anticipated that the wastewater treatment plant could begin to produce recycled water by August of 2009. A distribution system is under design and plans will be developed within the next few months. Funding for this important resource delivery project will be explored from all possible resources, as the City fully recognizes the value of using recycled water to lower the demand for surface water in our area. Although a recycled water distribution system cannot be in place for this summer, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and recomiection fee The City will identify water wasters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463- 6213 if you have questions regarding this information. Sincerely, D' tane A. C ambersManager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Ukiah Water Use April May June July August Sept. Oct. Total MG ac -ft April May June July August Sept. Oct. Total MG ac -ft Annual Water Use 2004 MG 2007 2008 1192.968 -11.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2`30 2006/2004 2005 1223.542 -9.1% 2005/2004 2004 1345.744 149.782 April May June July August Sept. Oct. Total MG ac -ft April May June July August Sept. Oct. Total MG ac -ft Diversion Volume (MG) Water Use (MG) 2004 2004 2007 2"008 2009 2007/2004 2008/2004 96.743 87.507 87.865 -10% -9% 145.402 121.506 132.345 -16% -9% 162.897 149.782 143.469 -8% -12% 185.876 164.473 158.899 -12% -15°%4 179.326 162.859 157.056 -9% -12% 156.798 134.481 130.508 -14°%0 -17% 109.224 83.777 91.724 -23% -16% 1036.266 904.385 901.866 -13% -13% 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 57.046 27.598 62.754 -52% 10% 112.803 72.833 111.365 -35% -1% 129.493 109.976 102.115 -15% -21% 131.935 105.631 109.09 -20% -17% 126.768 104.658 101.593 -17% -20% 117.755 88.134 85.313 -25% -28% 96.734 72.864 73.465 -25% -24% 772.534 581.694 645.695 -25% -16% 2371 1785 1982 The City. of Ukiah Water Conservation Program 2009 The unpredictability of its water supplies and ever increasing demand on California's complex water resources have resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined in the MOU are generally recognized as standard definitions of water conservation measures. I. CUWCC Demand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late 1970's. During the past five years, the City has expanded its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.4% in 2008 compared to 2004. Currently, the City's conservation program includes the following DMMs: DMM 1. Water survey programs for single-family residential and multi -family residential connections. The City tests customer meters upon request and instructs customers in how to use their water meter to determine if there is a leak on the demand side of the meter. The City provides toilet leak detection tablets to customers. DMM 3. System water audits, leak detection, and repair. The City performs leak detection and repair on an ongoing basis. The City, also, calculates system water losses annually and reports this information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City is currently replacing old meters in the system. The new meters will provide a more accurate reading of water use within the City. The City recently went through a rate re -structuring that is believed will reduce water uses in the future. DMM 5. Large landscape conservation programs and incentives. The City's Planning Department reviews all landscape plans proposed for new developments. Included in the City's Municipal Code is a requirement for all landscape planting to be "those which grow well in Ukiah's climate without extensive. irrigation." City staff reviews the water use of its top 5 water users and holds meetings with them on a regular basis to discuss landscape conservation programs. DMM 7. Public information programs. The City believes public awareness of water conservation issues is an important factor in ensuring a reliable water supply. The City promotes public awareness of water conservation through occasional bill staffers, distribution of the Consumer Confidence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional information at local expositions and fairs, and on the City website advertised to the community on a banner across a City thoroughfare. The City also provides free of charge water conservation yard signs to encourage minimal use of water for lawn Irrigation, Water conservation information and assistance is routinely provided to the public by the water utility maintenance staff and meter readers while in the field. f=ield staff receives conservation training to better assist customers and promote conservation. Door hangers are used to remind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. DMM 8. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools tours of its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and institutional accounts. The City has only two industrial customers: Maverick Industries and Red Tail Ale Brewery. The City surveys the water usage of these industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. ®MM 11. Conservation pricing. In 2055, the City increased and re -structured its water rates to encourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place on the water system. DMM 12. Conservation Coordinator. The City's Conservation Coordinator is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator is responsible for implementing and monitoring the City's water conservation activities. In practice, the City's water conservation program includes the efforts of the Conservation Coordinator and all staff. DMM 13. Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customer's premises ... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service may be discontinued if necessary. DMM 14. Residential ULFT replacement programs. Since October 1992, the sale of toilets using more than 1.6 gallons per flush has been prohibited by State and Federal regulations. These regulations are -enforced in the City. H. Additional Water Conservation Measures In addition to the DMMs, the City has also taken the following actions: 1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the use of waterless urinals in all City facilities and in the public sector. The use of these urinals has received very positive feedback from Facilities staff who would like to install these in the Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Agencies, and the Sonoma County Water Agency. 3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient, use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it impacts water -related issues. The City Council. reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. Ili. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of its water utility. A tiered inclining block rate structure and excess use charge are being evaluated to_encourage water conservation. The City has submitted a pre -application to the State Water Resources Control Board State Revolving Fund to construct a recycled water system. The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.5 MGD in the winter of Title 22 unrestricted use recycled water. Other immediate and long-term conservation measures include: ® Installation of waterless urinals and dual flush toilets in all City buildings (immediate) • Sign the California Urban Water Conservation Council's Memorandum of Understanding Regarding Urban Water Conservation and implement the 14 best management practices (long term) * Water efficiency standards for new single-family development (long term) • Water -efficient landscaping (long term) • Water waste ordinance prohibiting: /innnled/abe\ 1. gutter flooding Z canwoohfuDdnabxars ' 3. non -recycling decorative water fountains 4. breaks orleaks iUthe water delivery system • Incentives for Retrofits (long term) 1. low flow shower heads Z. toilet displacement devices 3. toilet flappers 4. faucet aerators S. high efficiency washing machines . 6. ultra-low flow toilets SUBJECT: CITY MANAGER WILL PROVIDE CITY CITY OF UKIAH GENERAL FUND BUDGETS, AND ANNOUNCE POSTED MAY 7, 2009 Scheduled for Budget Review by Department: 1. Community Development 2. Public Works 3. Community Services 4. Public Safety 5. Human Resources 6. Finance 7. City Manager/City Council 8. Redevelopment Fiscal Impact: F-1 Budgeted FY 08/09 New Appropriation Recommended Action(s): Receive Report. Alternative Council Option(s): Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: City of Ukiah Department Heads Attachments: Approved: Chambers, City Manager VVAJAINOIF 10e May 6, 2009 COUNCIL WITH OVERVIEW OF PROPOSED AND UKIAH REDEVELOPMENT AGENCY SPECIAL CITY COUNCIL WORKSHOP OF Not Applicable F-1 Budget Amendment Required Krim:if:1i1 The attached department budget schedules are intended to present the effect of the operational changes developed by City Management in response to the economic realities the City, the State, and the Nation are facing. This document is intended as the base for additional discussions about the operations of the City in the coming fiscal Year. It is not intended as a final proposal. The budget pages contain the standard headings used historically. The columns labeled "Department Request" represent initial numbers and not the final department numbers. The Columns labeled "City Manager Recommends" represent Departments revisions in response to the City Managers direction to find ways to move toward a balanced budget. In previous times most of these changes would appear in the Department Request. This atypical time calls for an atypical presentation. Prepared by: Jane Chambers, City Manager, Gordon Elton, Finance Director, Jan Newell, Finance Controller with assistance from all the operating departments staff. 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O O O N= O:3 (L) O UMf—Um W <0-U)Wi- O O O O LO O O r O M (D N N N M c+7 M d' COO 0) N I 00 r• O LO N T O O M (f} LO LO M O LO 69- _O 00 N N ( (L LO O d' r• co O O N O O Q CA Z Y O L- WN LL Q< U Q W W Z ~ W U Q O U U !L ���u: •.: r T T ';r Li) In Ln Ln LL") 0000000CAO00Ln'ci' Lo tf)rnU')OOOLnLOtiOOd-LO rl- M d' 't O N c1' NOLf)'IT U')NO Il- � N ao O �- M Ni M O ' r N T O N 0 0 0 0 OOOL()o00Lfl(4 N Co L() It Ln 0 0 0 L() O N Lf) O d' N O M M M d' O N d' Nd'MMLt)NT f� aD r- M ao CS) (O d' Ni L6 M O lqt No O O O O I� tf) CO O Ln (O d) d' cp L() O O O Ln O N Ln Ln rj' T O 00 M M N N 'ch N r M MN N M T ' co M (O Cn LCj � NCO (O d' tl- C) N O O O O O f- Lt) 00O L() (O O I� Ln ct' m O O O.Ln O N Ln O 'd' T O N co M ct O N ;I- N T CO MLn N M CO O � M 00 •O Ln cl' C1' M N T CI' co Cj' Cj' T C.0 T il- O I` Ln 00 M (p (fi T I- O T M N It ao O N L{) (- L() 00 T M M M M M M M r N M MT O O Ln M N M O O Ln ct' O L{j 00 a) r T v �. d O 00 M N .O O ti) CO to M r N O c1' M N T M O d' (U CON 1� O 'd' O d' O M d' M d' T '[►' CO M r It M O T N Cn M M d' I� O N r T Cj' r Lt) O CO O r O O Ln O CO 1- (.0 N 1- N CO N tl- �- I- Il- N M T N O N O �t M O co 'd' M c1' M M M co L(i Ln N N lf) cY I- Lp V 14 O N r LO W: aD v Q +� i- ca c :O 06'icon �c�= ooc d: F o � .Q�'� .nc L o a v acao� CL LtJ D������— x W W: N �0Q 0� ��0�rn.� �-QO Fuco m C = � C p u a-.- C .i+ Q. 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(0 TOOOLO O V)- N M M � It M M Ln M N M 0 000 Lnvtia0o M (p T M r ti r M 00 r- N (O L() r M O M 000 LM O) OMO T O N T O Ln 00 Co T M O Ln T O 60- 3Ln LOI-- O T M (O � 0 r rt O 0 N to T 00 c� N NOMtMLMct'CO(O 1�- tiV��O�M M It O M (O O N M Ln ti Tc'MLnLOLO(DO00) O O M N M d' ;T VI' O I M N 00 N M M 00 6) N (O T O M N O T G N cc d' t O d M T -i M d cn N (D N = ) f6 = a) 06 vii m tlS cn E N U C ca W Co o E O cLa viuS -aU O L to h-- L� U co ca� o p O � cncnQ�cD O F ���u: •.: r T T ';r Li) In Ln Ln LL") 0000000CAO00Ln'ci' Lo tf)rnU')OOOLnLOtiOOd-LO rl- M d' 't O N c1' NOLf)'IT U')NO Il- � N ao O �- M Ni M O ' r N T O N 0 0 0 0 OOOL()o00Lfl(4 N Co L() It Ln 0 0 0 L() O N Lf) O d' N O M M M d' O N d' Nd'MMLt)NT f� aD r- M ao CS) (O d' Ni L6 M O lqt No O O O O I� tf) CO O Ln (O d) d' cp L() O O O Ln O N Ln Ln rj' T O 00 M M N N 'ch N r M MN N M T ' co M (O Cn LCj � NCO (O d' tl- C) N O O O O O f- Lt) 00O L() (O O I� Ln ct' m O O O.Ln O N Ln O 'd' T O N co M ct O N ;I- N T CO MLn N M CO O � M 00 •O Ln cl' C1' M N T CI' co Cj' Cj' T C.0 T il- O I` Ln 00 M (p (fi T I- O T M N It ao O N L{) (- L() 00 T M M M M M M M r N M MT O O Ln M N M O O Ln ct' O L{j 00 a) r T v �. d O 00 M N .O O ti) CO to M r N O c1' M N T M O d' (U CON 1� O 'd' O d' O M d' M d' T '[►' CO M r It M O T N Cn M M d' I� O N r T Cj' r Lt) O CO O r O O Ln O CO 1- (.0 N 1- N CO N tl- �- I- Il- N M T N O N O �t M O co 'd' M c1' M M M co L(i Ln N N lf) cY I- Lp V 14 O N r LO W: aD v Q +� i- ca c :O 06'icon �c�= ooc d: F o � .Q�'� .nc L o a v acao� CL LtJ D������— x W W: N �0Q 0� ��0�rn.� �-QO Fuco m C = � C p u a-.- C .i+ Q. H: o o � zs :3 (1) — o :3 aD o o cv U: USI--IUQWCaQ�QCLfnWUi- U 1 O O_ O N O O N LO O Or_ 0 0 r- O (.C) CY) Lo N N (N 04 . N NOMtMLMct'CO(O 1�- 000 ca Y=a r C14 1,4' M CO Lo Lo U,) Lo Lo C) N Lo C\l OOICONII I I I ON I I Lln" C) 0 C) 0 0 0 C) (D 0 0 C\l Lr) rl- I,- C) (=� T-� -I C=� Lo L0 Lo Lo clq C\l N 0 69- 00 Vi 0Ct ti 9 61-:� 60- C) C) N L0 I- � �i L0 Lr) Lo I'- c N N No C -11 MRI11W1I 0') C) (Y) 1-j- CY) 00 (o CY) U*) IRt (Y) C6 CO C5 CY5 1 04 1 1 1 1 04 Lo Lo Lo N M CO (D (D (o r- Efl 613- 6A ul Ul 4.0 U) cn U) 0 -0 0 C: E 0 cu CL LLI . 2 x W0 0 M CL w R, --.r 2 0).!P 0 0) cu 0 > - " M cu (n CL 4Z 0 0 = 0 co L) cL u) i -- a 0 0 0 (o Lo 0) 0 Clj '4" 0 00 a) m cu 0— 6o -I C0 0) Cl) r r (D 00 r 0 N 00 0) r CY) NT 00 ce) r r r 00 cl� Q a cu :3 E Ua cn c �E > m a) 0 0 E 'n U (D o "a < E 0 0 . LL 0 i - ca Y=a r C14 1,4' M CO Lo Lo U,) Lo Lo C) N Lo C\l OOICONII I I I ON I I Lln" C) 0 C) 0 0 0 C) (D 0 0 C\l Lr) rl- I,- C) (=� T-� -I C=� Lo L0 Lo Lo clq C\l N 0 69- 00 Vi 0Ct ti 9 61-:� 60- C) C) N L0 I- � �i L0 Lr) Lo I'- c N N No C -11 MRI11W1I 0') C) (Y) 1-j- CY) 00 (o CY) U*) IRt (Y) C6 CO C5 CY5 1 04 1 1 1 1 04 Lo Lo Lo N M CO (D (D (o r- Efl 613- 6A ul Ul 4.0 U) cn U) 0 -0 0 C: E 0 cu CL LLI . 2 x W0 0 M CL w R, --.r 2 0).!P 0 0) cu 0 > - " M cu (n CL 4Z 0 0 = 0 co L) cL u) i -- a 0 0 0 (o Lo 0) 0 Clj '4" 0 00 a) m cu 0— 0') C) (Y) 1-j- CY) 00 (o CY) U*) IRt (Y) C6 CO C5 CY5 1 04 1 1 1 1 04 Lo Lo Lo N M CO (D (D (o r- Efl 613- 6A ul Ul 4.0 U) cn U) 0 -0 0 C: E 0 cu CL LLI . 2 x W0 0 M CL w R, --.r 2 0).!P 0 0) cu 0 > - " M cu (n CL 4Z 0 0 = 0 co L) cL u) i -- a 0 0 0 (o Lo 0) 0 Clj '4" 0 00 a) m cu 0— a) m cu 0— 04 'It (0 LO LO U') U*) C)CD a LO C I LO I ILO (0 lql* 0 0 co LO r co NT C 6 C -i 06 P-.: co (0 r N 0 0 r N M C) r cT CN Cl) C:) C) co 't LO CNI 00 (Q CO r CN (0 cy') "IT C6 LO 00 1— C) r d N cl) CD C) 0 ct LO C\l co 00r 04 (0 ce) 'IT 00 00 CD r C) r C) C14 CII) (D 0 (D 00 LO 04 -4- c) 07 F (C� m N C14 0') CY) Ct 00 0 0 r CO 69- C) r C) N CY) (0 C) to 00 LO C\l a) Nrl- ((Z (Q — N1` LO N CY) d C7 00 M clq C) (.C) r CY) It CY) C14 rl- 00 LO C\l LO (0 CO — CNI r -- C6 I;f 00 61;l C) LO 0') N I%zr C) (0 LO N rl- (D LO r N U*) C6 ci 00 C) 0) 'IT N 'IT 0) 0) "�I- U') N N (Q C� N co co r-: N CJ (D cu r_ a) ad c: C, U) a) 0 "M E Z =3 0 cn C: cli (D < a) .= C)- cu 5 , -6 2 0" (D U- 04 'It (0 LO LO U') U*) C)CD a LO C I LO I ILO (0 lql* 0 0 co LO r co NT C 6 C -i 06 P-.: co (0 r N 0 0 r N M Q 0) 0 0 Mm 0') CNIt LO 00 1— 00 & L6 1 C6 00 CD r cn N C a) N -4- c) 07 F 61D- m N C14 0') 14" 69- 0 0 r CO 00 0 CD M00 co H a) 000(0o LO N "t uw.006alp CL. M clq 0 Ili (6 (0 00 (o , ry C\j C) C) � CO 00 Q ' C) (.0 co 00 0 CNIt U*) r C14 IT 00 C5 1 (6 L6 00 CO r cn N C a) N -4- c) 07 F � m N C14 0') 14" 69 co LO co 0') U') co co C- M Ca a) 000(0o rl- r ct Lr� uw.006alp CL. M clq 00 r 1- (0 r-- CO r ry C\j C) N N I,- Q rl- LO CO CO CO CY) C14 r — C14 00 Ld vi CT 06 CD r cn N C a) CY) -4- c) 07 F ,I- m N C14 0') 14" rl- qt r r 'IT C- M Ca a) LO r-: (6 uw.006alp CL. M cli ti Un r C\l 2, Q LU: re cn N C a) 0 a) 2'.Q 0) -"U U) 0 = 0 .0 *� C- M Ca a) Z co -a 2 a uw.006alp CL. M (n 0 E (D O =3 0 T) '0 ry C:) C) CD 0) LO (0 NT 0) C,4 N co 0 ism•: •:•�• O O <z Wc> Z O LL' O N LW LU i' W F- J F- (D au< U co M O O O O rn CO N LO 'd' CA T N N M CO O T P1 N N X11 r W EL O O O ti O O N O O r 00 co O O r O Imo- d' � ti T O OCOOd M1 -- O N O T r N 00 M O O T- 61) 61) O Cfl O cY M P- C) N O T T N 00 co O O T O I- d 't 1,- r CO ff} O Cfl O d' co r -- C) N O r r N 00 co O O_ T O 1� V r 69- o00ti�rrn0 CO 1l- r C0 O N Il- CO M O (0 T � CD f.9- t-- 00 Lo T 00 d T 00 (.0 N O d) co Q000 � r Lo CO co r- 00 00 M N 't T CO O Cn U') U') T O d V C tC C d r C O ca U_ U NC U otS fA cn n� _ U O (B d C i y i Q. O CU CL C N C U E tC 0 .- 0 0= O �w O 0) c.)F—U¢ofF- O O O O rn CO N LO 'd' CA T N N M CO O T P1 N N X11 r W EL a� a� cc Y U G Q L U �OOTrN'It L17(fl . T r ct L() LC) L() Lf') L17 T r T T T T T T orn0000Ta00000r.T o rn O a0 0 0 0 0 ti�� O O M r- O M Li) a0 O O �I' (n N_ N LO LO CO 00 M O co N O N d' T r 00 r T M r O N O O O O M QS (-0 0 0 a0 M O O O "T C) O O O O d' O CO O O M CO O T V CO O O ti U.) 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T r ct L() LC) L() Lf') L17 T r T T T T T T orn0000Ta00000r.T o rn O a0 0 0 0 0 ti�� O O M r- O M Li) a0 O O �I' (n N_ N LO LO CO 00 M O co N O N d' T r 00 r T M r O N O O O O M QS (-0 0 0 a0 M O O O "T C) O O O O d' O CO O O M CO O T V CO O O ti U.) 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C rt+ O O W N .7 CT— O C@ C O >:c.»t—o�mmWQacn>c�t— O O 00 N O r N 0— 0 cq — N CD W M cc It — r_ -NO N _ NNNNNMfOmvwo m N r r 1 M ITE O.: 11a 7,144 0 I T City pf.,z1kz:aF May 6, 2009 SUBJECT: IMMEDIATE PURCHASE AND INSTALLATION OF A HIGH EFFICIENCY SPLIT SYSTEM HEAT PUMP (HVAC UNIT) BY INTERCOUNTY ELECTRIC TO REPLACE A FAILED HVAC UNIT AT THE GRACE HUDSON MUSEUM SUMMARY: Recently, the Grace Hudson Museum replaced its 22 plus -years old failing heat pumps (split systems with both an inside and outside unit) with new, energy efficient units thanks in large part to public utility benefit funding. However at this time the Museum's 2001 5 ton heat pump unit which services the new Hart Wing was not replaced since it was only 7 years old. The outside condensing coils of this newer unit had failed in the late spring of 2008. The condenser unit was still under warranty and was replaced in the summer of 2008 and the HVAC unit started functioning again. Not long afterwards, in the fall of 2008, all of the art and artifacts on exhibit in all three galleries of the Hart Wing were removed, due to the FEMA gallery repair project. The 2001 HVAC unit was shut down during this time, so as not to transfer sheetrock dust throughout the system. The project was completed in Feb. 2009, and staff worked at re -installing the lighting, security systems, and fire suppression systems in the gallery,, before re -hanging the art and opening the area back up to the public in March of 2009. A week or so after this had happened, staff noticed that the gallery was quite cold and the HVAC unit was again not working. Upon inspection, it was determined that the repairs would entail an sizeable expenditure (see attached quote) but that because the installation of the original unit was inherently flawed and there was no guarantee that the unit would not fail again, in the same manner, in a matter of months, or at best, in less than four to five years. Staff then looked into replacing the failed 2001 unit with a new, energy efficient one, upgrading from a unit with a 10.5 SEER rating when working at peak efficiency (which this machine can never do thanks to the improper installation issues) to a unit with a 14 SEER rating. To avoid -the installation problems present in the older unit, it was determined that the outside unit needed to be sited much closer to the gallery area it services, so that a new concrete pad would be needed for the unit to sit on as well as installation of a new three-phase power supply. The Electric Utility Director supports the further use of public utility benefit funds to purchase and install a new 14 SEER rated 5 ton split system heat pump (not to exceed $14,350, Recommended Action(s): Approve the immediate purchase and installation of a high efficiency HVAC unit from Intercounty Electric to immediately replace a failed HVAC unit at the Grace Hudson Museum Alternative Council Option(s): Direct staff to have failed HVAC repaired on an emergency basis Citizens advised: N/A Requested by: N/A Prepared by: Sherrie Smith -Ferri, Museum Director, Sage Sangiacomo, Directory of Community Services and General Services, Katie Merz, Community Services Supervisor Coordinated with: Mel Grandi, Electric Utility Director Attachments: A, B, C Approved: %1 J)aire Chambers, City Manager see attached quote). The Museum's building maintenance and repairs budget will cover the cost of installing the new three-phase power supply and installation of the new concrete base pad (not to exceed $3,350, see attached quote). Staff sees this replacement as an urgent need, since the current unit is non-functional and the heat of summer is fast approaching. The area this unit services has many valuable paintings on display, and fluctuations in temperature, like those which will happen with the onset of hot afternoons, causes the canvas of these paintings to expand and contract, putting stress on the paint film of these work. This can potentially cause paint cracking, buckling or paint loss, damage which would be quite costly to repair. Therefore we would like to proceed with the replacement immediately, using the contractors that recently replaced the other HVAC units at the Museum because they are already familiar with the Museum's buildings, grounds, and electrical systems, as well as the Museum's specialized humidity control and dust filtering systems, both of have to be hooked up to the HVAC system. To keep costs down, they have proposed time and materials "not to exceed" quotes that are attached. Staff requests Council approve this expenditure so that they can proceed to replace this unit in the most rapid manner possible. Fiscal Impact: ® Budgeted FY 08/09 0 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Not to exceed $14,350 Electric Utility - Public Benefit Funds 806.3765.250.005 N/A Not to exceed $3,350 CS Dept., Museum, Equip. 100.6150.301.000 NIA 03/16/2009 12:27 FAX 707 302 9801 Grace Rud5on Museum STREF-r 431 South Mair Street 3riY, STATE &M ZP CME Ukiah, CA 95482 INTERCOUNTI ELECTRICAL 189 Wabash Avenue C><0 T -r .iah, C.A. 95482 Fax (707) 462-9801 ELECTRIC Th (707) 462-9800 i 467- 2836 3/16/09 North Gallery Unit Repairs 0 We h i+ %4ffi t epeC410200 sand tet far: Recover Preen and replace plugged "FXV and check valve assemblies. Replace drier assemblies, Leah check and repair Preen leaks. Clean and purge system and charge unit. Check pressures and. load and measure temperature......flit..................... 11-..-1-;--- ....... ............................................................ ,..................... I .....................................................I......I.I.,.... ,,..."...........,.,,....,..........,................................................. .....Pa -b T,i.Qat.e... aad... imS-taI.-1...huzr4i.d-`,-Ler,-dMai,n..Aaao......Iast 41I.:,p.r.iMAry..and..............::.... secondar:a'...drai.ns...f`-.r,.HVAC unit,...incl?��.�..naq..,'P...trap;�-;;,:.,,',nst 1, wet s`4v�.tc ............. ............. ............ ........................... ...........:................................... .............................. W P., ......................................................................... .......................................... We 30rapage hereby to furnish mateftl and labor - Complete in accordance with above specifications, for the sum of'. Three Thousand Four Flundred Twenty Three and 29/100---- 3,423,29 Upon completion and billing All mteial is Vawfiapd to be ass t d- All vm* to be o3- in a w i rrt ar a=& -v to of rd tom, Any ae°,era*on or mar spew. :k'A lnvoMN amara oDM W11 be oxwtted Only upw w,itttten ate, airJ w$ii ti� as extsg >,,aW msr and abmv the Estimate, All agrearnsnia cgrtHrtgam u : a+viikea. amts cr data a b®yond our -,Qnbr 4.Owner to carry tire, tomacio wt of ar r ff ry inwaarow. Otir mrkara are Nfy covered tr; Workman's Co Twem;AWn AuhOrizi id ...F''` -' ,. _ - P=aste: TK4 ploomi FrAy N 3 0 wlii rawn by us ti re, acted wltd;tn days, UMMUCC Of VVOPOW1 - The the grimes, SP9&1ta&3M and onnd ons are satisfactory etx! are hers" accepted. You -a.rs auV-; ted sign store to do the work as pari. ftyra nt vAl; nWa as t uiffints-ll a we: Date of AcceptarjuA: f funaNre — -1W'% . V '4-a & vk'z� + -z L" 1W. & &J['& b All h 9 W451A M CONTRACTORS LICENSE NO. 926337 4-4.PtP4.PAA"4 Page No. 1 of I Pages & �Aif-RCOV/vv'h. ly 189 Wabash Avenue Ukiah, CA 95482 Fax (707) 462-9801 ELECTRIC Ph (707) 462-9800 PROPOSAL SUBMITTED TO --T— PHONE DATE ..race Hudson Museum 467-2836 4/3/09 STREET JOB NAME 431 S. Main St. Split System Heat Pump Replacement CITY, STATE and ZIP CODE XB LOCATION Ukiah, CA 95482 Hart Center ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for .......................................................................................................................................................................................... Replacement of existing 5 ton split system heat pump, rated at 10.5 SEER ............................ ............................................................................................................................................................. with a new 5 ton split sy&tem 14 SEER rated heat Pump. .......................................................................................................................................................................................... Proposal includes fabrication and installation of a new drain pan, wet ....... ... ................................................................................................................................................................................ switch, and separate condensate line along with replacement of existing ..................................................................................................... .................... replacement 5 .............. ..................................................... . .. . ..... ..cqndensate line including p -t ap., ......................................................................................................... Proposal also includes installation of a new larger refrigeration line .......................................................................................................................................................................................... set to accomodate larger SEER rated unit. larder .................................................................................................................................... New installation requires relocation of outdoor unit, electric power and .......................................................................................................................................................................................... pad installation not included in this proposal. .......................................................................................................................................................................................... All ... demolition ... to ... b.e..performed as ... part of this proposal including ................................................ ............................ hermetic sealing of refrigeration system outdoor unit for storage and .......................................................................................................................................................................................... possible future use by City of Ukiah. .......................................................................................................................................................................................... Proposal ...price ... .. .... . .... .... .... . ....i.s ... given ...as ... a...'..n...o. .t.. ...t..o exceed" quotation, .... ......................... ..................................................... Ve Propoop hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Fourteen Thousand Three Hundred Fifty and 00/100------- 14,350.00 dollar. ($ Payment to be made as follows: Upon completion and billing. All material is guaranteed to be as specified. All work to be completed in a workmanlike Authorized manner according to standard practices. Any alteration or deviation from above specifications Signature. involving extra costs will be executed only upon written orders, and will become as extra charge over and above the estimate. All agreements contingent upon strikes, accidents Note: This proposal may be 3 0 or delays beyond our control. Owner to carry fire, tomado, and other necessary insurance. withdrawn by us 0 not accepted within days. Our workers are fully covered by Workman's Compensation Insurance. ZcMitance of i9ropogal - The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature rii�l a, �1-r IM C - CONTRACTORS LICENSE NO. 926337 aotp�%pAp"4, Page No. 1 Of 1 Pages 189 Wabash Avenue Ukiah, CA 95482 Fax (707) 462-9801 ELECTRIC Ph (707) 462-9800 PROPOSAL SUBMITTED TO PHONE DATE Grace Hudson Museum 467-2836 4/3/09 STREET JOB NAME 431 S. Main St. Electrical and pad installation CITY, STATE and ZIP CODE JOB LOCATION Ukiah, CA 95482 Hart Center - New Heat Pump ARCHITECT DATE OF PLANS JOB PHONE We hereby submit specifications and estimates for. .......................................................................................................................................................................................... Installation of a new 50 amp, 208-230 volt, three phase power supply and .......................................................................................................................................................................................... disconnect switch for installation of new heat pump outdoor section. .......................................................................................................................................................................................... Installation of a new concrete base pad for installation ........................................................ I ................................................................................................................................. of new heat pump outdoor section. ............................................................................................................................................................ I ............................. PropoProposal price is given as a "not to exceed" quotation.. sal ............. price .................................................................................... .................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... .......................... I ............................................................................................................................................................... .......................................................................................................................................................................................... .......................................................................................................................................................................................... Me 3propooe hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Three Thousand Three Hundred Fifty and 00/100 ---------- 3,350.00 dollars ($ Payment to be made as follows: Upon completion and billing. X All material is guaranteed to be as specified. Al work to be completed in a workmanlike Authorized manner according to standard practices. Any afteration or deviation from above specifications Signature involving extra costs will be executed only upon written orders, and will become as extra charge over and above the estimate. All agreements contingent upon strikes, accidents Note: This proposal may be 30 or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. withdrawn by us d not accepted within days. Our workers are fully covered by Workman's Compensation Insurance. 9cceptante of Propool — The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specff led. Payment will be made as outlined above. Date of Acceptance: Signature APPENDIX ITEM NO.- MEETING DA City of-lUkiah AGENDA SUMMARY REPORT 11b May 6, 2009 SUBJECT: ADOPT PLANS AND SPECIFICATIONS 09-07 FOR THE MANHOLE REHABILITATION & SEWER PIPE RELINING AND CALL FOR BIDS FOR SAME Summary: Per section 22039 of the Public Contracts Code, Staff is requesting Council's approval of Plans and Specifications 09-07 for the Manhole Rehabilitation & Sewer Pipe Relining. Staff is also requesting the Call for Bids which are scheduled to be awarded on June 3, 2009. The Engineers Estimate for this project is $401,000. Background: Staff has brought this project forward in response to ground water infiltration of the sanitary sewer system. The area selected to perform this rehabilitation effort is near Doolan Creek. This project has been budgeted for the last several years in the 614 Sewer Capital Projects account, and is now being addressed. The builders exchange has been mailed a notice inviting bids 30 days prior to the bid opening. This project includes the rehabilitation of approximately 20 manholes within the Ukiah Valley Sanitation District. The District Manager has assisted in the selection of those manholes. Fiscal Impact: 7 Budgeted FY 08/09 1-1 New Appropriation Fx-1 Not Applicable F] Budget Amendment Required Recommended Action(s): 1. Adopt Plans and Specifications for the Manhole Rehabilitation & Sewer Pipe Relining City Job # 09-07. 2. Call for Bids for the Manhole Rehabilitation & Sewer Pipe Relining City Job # 09-07. Alternative Council Option(s): N/A Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works and City Engineer Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Attachments: 1 —Specification 09.07 Approved: e Chambers, City Manager CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS N MANHOLE REHABILITATION 8, SEWER PIPE RELINING Specification No. 09-07 CITY OF UKIAH WATER / SEWER DIVISION 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: Tuesday, June 2, 2009 2:00 P.M. Office of City Clerk CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: PHIL BALDWIN - MAYOR BEND THOMAS - VICE MAYOR DOUGLAS F. CRANE MARY ANNE LANDIS MARI RODIN JANE CHAMBERS - CITY MANAGER TIM ERIKSEN - DIRECTOR OF -PUBLIC WORKS / CITY ENGINEER ANN BURCK - DEPUTY DIRECTOR OF PUBLIC WORKS LINDA BROWN - CITY CLERK R. ALLEN CARTER - CITY TREASURER CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS MAY, 2009 TABLE OF CONTENTS 1 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 0Q-07 PAGE NOTICE TO BIDDERS................................................. I ...............'....- ................'.......'..........'.'...........'5 INSTRUCTIONS TO BIDDERS.......................... ..................................................................................................... 7 GENERAL CONDITIONS SECTION 1.CONTRACT DEFINITIONS AND REQUIREMENTS ................................................................ 0 1'01. Definitions 1-02. Examinations ofPlans, Special Provisions and Site ofWork 1-03. Proposal 1'04. VV/thdrevva| of Bids 1-05. Public Opening nfBids 1'06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification ofBidders 1-09. Identification ofSubcontractors 1-10. General Provisions ofthe Standard Specifications SECTION 2. AWARD AND EXECUTION OFCONTRACT ........................................................................ 11 2-01. Award nfContract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3.SCOPE AND INTENT (]F CONTRACT .................................................................................. 11 3-01. Effect ofInspection and Payments 3'02. Effect nfExtension of Time 3'03. Extra Work 3-04. Assignment ofContract 3-05. Subcontractors 3'00. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials SECTION4. BONDS .................................................................................................................................... 12 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ........'-..''...'.......'.....'.-.'....'..13 5-01.Minimum Scope nfInsurance 5'02. Minimum Limits ofInsurance 5'03. Deductibles and Self -Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability ofInsurers 5'08. Verification nfCoverage 5-07. Subcontractors 1 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 0Q-07 SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks . 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning Up 6-23. Guaranty SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ................. 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights -of -Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK .................. 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 2 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 14 19 22 .. 22 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor "12xr"r :Q11 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS...................................................... 11-01. Notice 11-02. Computation of Time 11-03. Litigation and Forum Selection 11-04. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION ............................................... 12-01. Arrangement of Technical Specifications 12-02. Arrangement of Plans 12-03. Business Licenses 12-04. Permits 12-05. Standard Specifications and Standard Plans 12-06. Temporary Facilities 12-07. Existing Utilities 12-08. Public Convenience and Safety 12-09. Maintaining Traffic 12-10. Cooperation 12-11. Dust Control 12-12. Stream Pollution 12-13. Existing Highway Facilities 12-14. Notification of Underground Service Alert (USA) SECTION 13. CONSTRUCTION DETAILS .............................................. 13-01. Location of Work 13-02. Sanitary Sewer Main Pipe Liner 13-03. Manhole Rehabilitation 13-04. Measurement 13-05. Payment SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS .............. 14-01. Provisions to be Excluded from General Conditions ........ 24 ....... 27 ..... 29 ..... 32 .................... 49 3 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 SECTION 15. AMENDMENTS TO GENERAL CONDITIONS....................................................................49 15-01. Sections of General Conditions to be Amended CERTIFICATES AND DOCUMENTS PROPOSAL.............................................................................................................................................50 FAIR EMPLOYMENT PRACTICES CERTIFICATION..................................................................................53 WORKER'S COMPENSATION CERTIFICATE............................................................................................ 54 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT...................................................................55 LIST OF PROPOSED SUBCONTRACTORS............................................................................................... 56 STATEMENT OF EXPERIENCE OF BIDDER..............................................................................................57 SIGNATUREOF BIDDER.............................................................................................................................58 BIDDER'S BOND...........................................................................................................................................59 NON -COLLUSION AFFIDAVIT.....................................................................................................................60 AGREEMENT.............................................................................................................................................61 INDEMNIFICATION AGREEMENT...............................................................................................................65 EXAMPLE PERFORMANCE BOND FORMS...............................................................................................66 EXAMPLE MATERIAL AND LABOR BOND FORM.....................................................................................68 DIRECTIONS FOR BOND PREPARATION.................................................................................................70 EXAMPLE MAINTENANCE BOND FORM................................................................................................... 71 CERTIFICATE OF INSURANCE FORM................................................................................................... ADDITIONAL INSURED ENDORSEMENT FORM................................................................................... AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT FORM................................................................ WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL ENDORSEMENT FORM ..... ***APPENDICES ® APPENDIX "A": Site Specific Estimate of Quantities ® APPENDIX "B". Manhole and Pipe Locations 4 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR MANHOLE REHABILITATION & SEWER PIPE RELINING Specification No. 09-07 NOTICE IS HEREBY GIVEN that sealed standard proposals for MANHOLE REHABILITATION & SEWER PIPE RELINING will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 P.M. on Tuesday, June 2, 2009, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed "MANHOLE REHABILITATION & SEWER PIPE RELINING." Bids are required for the entire work described herein. No fax bids will be accepted. ENGINEER'S ESTIMATE OF QUANTITIES Quantity Item No. Description Unit 1 LS 1. Mobilization Lump Sum 1 LS 2. Traffic Control Lump Sum Rehabilitate 50 manholes at various Per Linear Foot of 3 locations in and around the City of Ukiah Manhole Barrel TOTAL: 341 LF TOTAL: 6281.0 LF 4. Install cured -in-place pipe lining for existing Per Linear Foot 6" sewer pipe Install cured -in-place pipe lining for existing Per Linear Foot TOTAL: 1248.5 LF 5. 10" sewer pipe 5 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 Plans and Special Provisions may be inspected and/or copies obtained for a non refundable fee of $10.00 at the receptionist's station, Ukiah City Hall, 300 Seminary Avenue, Ukiah, California. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right to waive any information not material to cost or performance in any proposal or bid. Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes. Copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done are available on the Internet at web address:" http://www.dir.ca.gov/DLSR/PWD/" The prime contractor for the work herein shall possess a current, valid State of California, Class A (General Engineering) or Class C-34 (Pipeline) Contractor's License. Pursuant to Section 4590 of the California Government Code, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Dated: 20 /s/ Linda Brown, City Clerk City of Ukiah, California PUBLISH TWO TIMES: May 10 & May 15, 2009 6 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 INSTRUCTIONS TO BIDDERS MANHOLE REHABILITATION & SEWER PIPE RELINING shall be performed in accordance with the Plans and Special Provisions therefore adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards of requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. The work is to be completed within forty (40) working days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The information provided in the attached appendices show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown in the attached appendices and the conditions actually revealed during the progress of the work or otherwise. Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown in the attached appendices. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Location of the Work All of the work to be performed is within the vicinity of the City of Ukiah. The manhole and pipe locations are listed in Appendix "A" and located on a map in Appendix "B". 8 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. C. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install' shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 9 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 1-03. Proposal. Bids shall be made on the blank form prepared by the City without removal from the bound Special Provisions. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 and following) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings 10 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 9, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-05 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. 11 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractoros attention is directed to Section 12-05 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. 12 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 5-03. Deductibles and Self-insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liabilitv and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 13 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X AVII B+X 5-06. Verification of Coverage Contractor shall furnish the City with -original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements effecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing 14 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re -erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. 15 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution .promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor's attention is directed to Section 7-03 of these Special Provisions. 16 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work be stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. 17 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. in addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.,gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any 18 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefor carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. 19 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights -of -Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $25,000, whichever is the lesser, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail 20 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. 21 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 SECTION B. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution 22 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 23 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1% times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 90 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 24 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 1. At such times that Government Code Section 4590 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state -chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. 0) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter -American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (1) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 25 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be 26 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 27 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. The parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. 11-04. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. 28 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 SECTION 12. GENERAL INFORMATION 12-01. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-02. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-03. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-04. Permits. The Contractor shall provide, procure and pay for all permits including encroachment permits required to carry on and complete this work. The City will issue a no fee encroachment permit to the Contractor allowing him to perform work within City right of way after the Contract documents have been executed and insurance certificate and endorsements have been approved by the City. 12-05. Standard Specifications and Standard Pians. The Standard Specifications and Standard Plans of the California State Department of Transportation, May, 2006, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works. Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section i, Definition of Terms of the California Standard Specifications. 29 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 In case of discrepancy between the lowest is as follows: 1. (City) Special Provisions 2. (City) Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications contract documents, the order of precedence from the highest to 12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-07. Existing Utilities. In general, the locations of existing utilities are indicated on the drawings and/or will be marked on the ground at the site. The accuracy of completeness of this information is not guaranteed, however and unless otherwise indicated on the Project Plans or in these Special Provisions, or unless otherwise cared for by the owner thereof, all water, gas or sewer lines, lighting, power or telephone conduits, structures, house connections lines and other surface or subsurface structures of any nature that may be affected by the work shall be maintained by the Contractor and shall not be disturbed, disconnected or damaged by him or her during the progress of the work; provided, that should the Contractor in the performance of the work disturb, disconnect or damage any of the above, all expenses of whatever nature arising from such disturbance or the replacement or repair thereof shall be borne by the Contractor. In case it should be necessary to move permanently or to maintain temporarily the property of any public utility or other property, the cost must be borne by the Contractor. However, the City reserves the right, if requested by the owner, to permit the owner to move or maintain the utility at the Contractor's expense. All existing utilities shall be kept in service during the progress of the work. Where protection is required to insure support located substantially as shown on the Project Plans, the Contractor shall furnish and place the necessary protection at his or her expense. The right is reserved to the State, the County or the City therein and to the owners of public utilities and franchises, to enter upon any street, road, right-of-way or easement for the purpose of maintaining or of making necessary repairs or changes in their property made necessary by the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Streets shall be open to through vehicular traffic during non -working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. 12-10. Cooperation. Attention is directed to Section 7-1.14 of the California Standard Specifications. Other construction work by other forces relocating power lines, telephone lines and pipe lines, and constructing other improvements, may be in progress within and adjacent to the limits of this contract at the time work under these Special Provisions is being performed. 30 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 The Contractor for the work herein specified shall cooperate with the force engaged in performing other work as above described to the end that such forces may conduct their operations with as little inconvenience and delay as possible, and the Contractor shall permit such forces passage through the work as is reasonable and necessary to transport their materials and equipment to the site of their operations. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefore. 12.11 Dust Control. Dust control shall conform to the provisions in Section 10 of the Standard Specifications and these Special Provisions. Full compensation for dust control shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 12.12 Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-13. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions. All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way. Such disposal shall conform to the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right -of -Way." 12-14. Notification of Underground Service Alert (USA). The Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation. Dial (toll free) 1 (800) 227-2600. 12-15. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-16. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary. 12-17. Preconstruction Conference. A pre -construction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-18. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 31 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 SECTION 13 - CONSTRUCTION DETAILS 13-01. Location of Work General locations and linear quantities of the work are shown in Appendix "A" and Appendix "B". A map will be provided to the successful bidder showing the exact locations of the work to be done. 13-02. Sanitary Sewer Main Pipe Liner A. GENERAL 1. Description This Section covers the work necessary to furnish and install, complete and in place, cured -in- place pipe (CIPP) lining. The Contractor shall furnish all labor, equipment and materials necessary to complete the lining of sanitary sewers as specified herein and as shown on the Contract Drawings. As becomes applicable to this Contract, the work shall include the preparation of the construction site, including cleaning, flushing and pre -television inspection of sewer to be lined; bypass pumping of sewage flows in mains and services; protection of existing conditions during installation work, liner installation, reinstatement of service connections, pipe sealing at manholes, final television inspection and testing of the lined pipe sewer system, and other accessories as required for the proper installation; protection of the site during the life of the Contract, including protection of inspection personnel, warning lights, barricades, traffic control, dust control and maintenance of detours, as required; the cleanup of the work site, including maintenance and replacement of surfaces such as paving, seeding, sodding and graveling, if damaged. It is the intent of this Specification to provide for the reconstruction of sanitary sewer mains by the installation of a CIPP liner into the existing gravity sewer line. When formed, the liner shall extend over the length of the pipe between manholes in a continuous, tight fitting, watertight pipe - within -a -pipe. The liner shall be installed using "Trenchless Technology", i.e., no excavation or surface restoration is necessary for this item of work. The CIPP liner shall be designed assuming a fully deteriorated pipe. 2. Referenced Documents This specification references standards from the American Society for Testing and Materials, such as: ASTM F1216 (Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin -Impregnated Tube), ASTM F1743 (Rehabilitation of Existing Pipelines and Conduits by Pulled -in -Place Installation of Cured -in -Place Thermosetting Resin Pipe (CIPP)), ASTM D5813 (Cured -in -Place Thermosetting Resin Sewer Pipe), ASTM D790 (Test Methods for Flexural Properties of Un -reinforced and Reinforced Plastics and Electrical Insulating Materials), and D2990 (Tensile, Compressive, and Flexural Creep and Creep -Rupture of Plastics) which are made a part hereof by such reference and shall be the latest edition and revision thereof. In case of conflicting requirements between this specification and these referenced documents, this specification will govern. 3. Product, Manufacturer/Contractor Qualification Requirements Since sewer products are intended to have a 50 -year design life, and in order to minimize the City's risk, only proven products with substantial successful long-term track records will be approved. Products and Contractors must meet all of the following criteria: 32 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 a. The Contractor shall submit a minimum of five (5) successful wastewater collection system projects of like size and same lining material and shall have satisfactorily installed an aggregate of at least 1,000,000 linear feet of this liner system within the State of California with references for work previously performed. b. The Contractor must satisfy all insurance, financial, and bonding requirements of the City, and must have had at least five (5) years active experience installing CIPP liners. The Contractor's project managers must have a minimum of two (2) years of CIPP installation experience and must be on-site during the installation of the CIPP products. c. Sewer rehabilitation products must have third party test results supporting the structural performance (short-term and long-term) of the product and such data shall be satisfactory to the City. No product will be approved for use by the City without independent third party testing verification. d. Both the rehabilitation manufacturing and installation processes shall operate under a quality management system which is third -party certified to ISO 9001:2008 or other recognized organization standards. Proof of certification shall be required for approval. e. The City authorizes the use of proven materials that serve to enhance the pipe performance specified herein. Proven materials have passed independent laboratory testing, not excluding long-term (10,000 hour) structural behavior testing, and have been successfully installed to repair failing host pipes in the U.S. for at least four (4) years. In addition to the aforementioned, the City may require that the contractor demonstrate that the enhancements proposed exceed the specifications herein, prior to the installation of the enhanced material systems. This section in no way shall be interpreted as authorization to deviate from the minimum standard practices set forth herein 4. Quality Assurance a. Work performed under this Section shall conform to the Drawings and Specifications and shall comply with all standards, rules and regulations, laws and ordinances of the City and all other authorities having jurisdiction, as amended. That which is necessary to make the work comply with the above requirements shall be provided without additional cost to the City. b. Correction of failed liner or liner pipe deemed unacceptable, as a result of the post video inspection and/or test reports for structural values, thickness, chemical resistance, etc., shall always be the responsibility of the Contractor, at no extra cost to the City. Method of correction/repair shall be approved by the City with prior field demonstration, if required. It shall be understood that minimum criteria of the specification shall not be lowered to compromise with lower than the required test values, unless approved in writing. c. The finished liner shall be continuous over the entire length of run between two manholes and shall be free from visual defects. The finished liner shall meet or exceed the requirements of Section 2.02, "Materials: Cured -In -Place Pipe Lining" of this specification. d. The Contractor shall televise the installed pipe after existing services have been reconnected and manhole work has been completed. The original television inspection video tape shall be provided to the Engineer. The Contractor shall repair all damages found during the reviewing of these final TV inspection video tapes. The damages shall include but not limited to leaks, cracks, unsecure joints, visual defects, and others which in the opinion of the Engineer are not acceptable and would impair the serviceability of the new piping system. 5. Submittals After award of the Contract and before any sewer system materials are delivered to the job site, the Contractor shall submit to the Engineer a complete list of all materials proposed to be furnished and installed. a. Show manufacturer's name and catalog number for each item, furnish complete catalog cuts and technical data and furnish the manufacturer's recommendations as to method of installation. 33 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 b. Upon approval of the Engineer, the manufacturer's recommendations shall become the basis for acceptance or rejection of actual methods of installation used in the work. c. The Contractor shall not permit any sewer lining component to be brought onto the job site until it has been approved by the Engineer. d. Engineering calculations for the design of the CIPP liner thickness. Liner design calculations shall be supported by field analysis, technical assumptions, and "Section B. Materials and Design, 1. Cured -In -Place Pipe Lining" of this specification. Final approval of the design calculations shall be given by the Engineer. e. Television inspection reports and video tapes made prior to and after pipe liner insertion. f. The Contractor shall submit a sewage bypass pumping and/or diversion plan for review by the Engineer at least 10 days prior to pipe installation. The sewage bypass pumping and/or diversion plan shall include an emergency response plan to be followed in the event of a failure of the bypass pumping and/or diversion system. The Contractor shall notify the Engineer 24 hours prior to commencing the bypass pumping operation. The Contractor's plan for sewage bypass pumping and/or diversion shall be satisfactory to the Engineer before the Contractor shall be allowed to commence sewage bypass pumping and/or diversion. 6. Product Handling a. Protection - The Contractor shall use all means necessary to protect sewer lining materials before, during and after installation and to protect the installed work and materials of all other trades. b. Replacement - In the event of damage, immediately make all repairs and/or replacements necessary to the approval of the Engineer, at no additional cost to the City. 7. Existinq Sewer System a. Active Sewers - The Contractor shall maintain in operating condition all active sanitary sewers encountered in the sewer lining installation. b. Connections to Existing Sewers and Manholes - The Contractor shall make all required connections to existing sewers and manholes and carry out such work in accordance with local standards and requirements and as directed by the Engineer. Extreme care to prevent debris from entering into existing sewers to be lined shall be exercised. c. The Contractor shall furnish, prior to use of the materials, satisfactory written certification of his compliance with the manufacturer's standards for all materials and conformance with the methods of the manufacturer and ASTM requirements. B. MATERIALS AND DESIGN 1. Cured -In -Place Pipe Lining a. The liner pipe material shall be designed for use in gravity sanitary sewers and shall be in strict conformance with all applicable sections of ASTM F1216 specifications. All materials and procedures used in the cured -in-place pipe rehabilitation process shall be equal to or exceed the manufacturer's standards. The CIPP design shall assume no bonding to the original pipe wall. b. Hydraulic Capacity - Overall, the hydraulic profile shall be maintained as large as possible. The pipe liner shall have at a minimum the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. 34 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 c. The liner tube shall be fabricated to meet the requirements of ASTM F1216 or ASTM F1743, Section 5 and the performance requirements as specified herein. The tube shall be constructed to withstand installation pressures, have sufficient strength to bridge missing pipe, and stretch to fit irregular pipe sections. Two different types of systems shall be considered for CIPP: Fiber Felt Tube System or Fiberglass Mat System. i. The wetout tube shall have a uniform thickness that when compressed at installation pressures will meet or exceed the design thickness. ii. The Tube shall be free of tears, holes cuts, foreign materials and other defects and will be subject to inspection by the City. iii. Contractor shall determine the minimum tube length necessary to effectively span the designated run between manholes, unless otherwise specified. Contractor shall field verify the lengths in the field prior to impregnation of the tube with resin, to insure that the tube will have sufficient length to extend the entire length of run. iv. The Tube shall be .homogeneous across the entire wall thickness containing no intermediate or encapsulated elastomeric layers. No material shall be included in the Tube that may cause delamination in the cured CIPP. No dry or unsaturated layers shall be evident. ii. The Tube shall be sewn to a size that when installed will tightly fit the internal circumference and length of the original pipe. Allowance should be made for the longitudinal and circumferential stretching that occurs during placement of the tube. iii. The outside of the Tube shall be marked for distance at regular intervals along its entire length, not to exceed 5 ft. Such markings shall include the Manufacturers name or identifying symbol. 2. Fiber Felt Tube System a. The felt tube shall be a sewn thermoplastic polyester or acrylic tube consisting of one or more layers of flexible needled felt or an equivalent woven and/or non -woven material capable of carrying resin, and with sufficient needling and cross lapping and strength to withstand the installation pressures and curing temperatures. The felt tube to be furnished shall be compatible with the resin and catalyst systems to be utilized. b. The finished lining shall consist of an inner polyurethane and an outer polyester felt layer (or layers) impregnated with a thermosetting resin and fabricated to tightly fit the internal circumference and the length of the original conduit. The material of construction shall be able to stretch to fit irregular pipe sections and negotiate bends. c. Overlapped layers of felt in longitudinal seams that cause lumps in the final product shall not be utilized. d. The outside layer of the Tube (before wetout) shall be coated with an impermeable, flexible membrane that will contain the resin and facilitate monitoring of resin saturation during the resin impregnation (wetout) procedure. e. Any plastic film applied to the tube on what will become the interior wall of the finished CIPP shall be compatible with the resin system used, translucent enough that the resin is clearly visible, and shall be firmly bonded to the felt material. f. Seams in the Tube shall be stronger than the non -seamed felt. 3. Fiberglass Mat System The tube shall be composed of a high strength, fiberglass mat system capable of retaining resin, contained within a system of polyethylene film. The tube shall have sufficient needling and cross lapping to yield a minimum burst strength of 800 pounds per square inch in transverse directions (hoop stress), and strength to withstand the installation pressures and curing temperatures. The tube shall be free from tears, holes cuts, foreign materials and other defects, and will be subject to inspection by the City. 35 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 4. Resin/Catalyst Tube a. The resin system shall be a corrosion resistant polyester, vinyl ester, or epoxy and catalyst system that when properly cured within the tube composite meets the requirements of ASTM F1216 and ASTM F1743, the physical properties herein, and those which are to be utilized in the design of the CIPP for this project. The resin shall produce CIPP which will comply with the structural and chemical resistance requirements of this specification. b. The resin used shall be compatible with the rehabilitation process used, and designed for a wastewater environment. The resin shall be able to cure in the presence or absence of water, and the initiation temperature for cure shall be as recommended by the resin manufacturer and approved by the Engineer. The resin shall have sufficient thixotropic properties to obtain non -draining characteristics when impregnated into the fiber fabric. c. The Engineer shall also be informed in advance, for verification and inspection of the resin material at the "wet out" of the tube. The inspection shall be at the discretion of the Engineer, which shall not relieve the Contractor of his responsibilities. The wet -out procedure shall utilize the resin and catalyst in sufficient quantities to ensure complete impregnation of the liner and provide the properties specified herein. d. The catalyst system shall be compatible with the resin and other materials to be utilized in the rehabilitation process. Quantity and type of catalyst shall be selected based on the curing conditions and recommendations of the resin manufacturer. 5. Liner Design Criteria a. The Cured -In -Place Pipe thickness shall be calculated and designed upon the following physical conditions of the existing pipe to be rehabilitated: Initial nominal tube thickness and added resin allowances shall be sufficient to allow for resin migration onto the host pipe while still producing the specified final design thickness. The design thickness of the liner shall be arrived at using standard engineering methodology. ASTM F1216, Appendix X1, has such an acceptable methodology that may be used where applicable. The long-term flexural modulus to be used in the design shall be verified through testing. The long-term modulus shall not exceed 50% of the short-term value for the resin system unless the tube contains reinforcements. In the event that a reinforced tube is utilized, the long-term flexural modulus shall be the percentage of the short-term modulus as determined by the above referenced testing. iii. All pipes shall be considered fully deteriorated. iv. All pipes shall be subjected to a soil load of 120 lbs. /cu. ft., with applicable live load. Pipes in good condition shall have a minimum of 2% ovality in the circumference. A higher value of ovality shall be used if the pipe is deteriorated. Factor of safety (N) of 2.0 shall be used for calculations. vi. Hydraulic Capacity - Overall, the hydraulic profile shall be maintained as large as possible. The pipe liner shall have at a minimum the full flow capacity of the original pipe before rehabilitation. Calculated capacities may be derived using a commonly accepted roughness coefficient for the existing pipe material taking into consideration its age and condition. vii. The Contractor shall measure the inside diameter of the existing pipe in the field so that the liner can be lined in a tight fitted condition. 36 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 b. Structural Requirements The layers of the cured CIPP shall be uniformly bonded. It shall not be possible to separate any two layers with a probe or point of a knife blade so that the layers separate cleanly or the probe or knife blade moves freely between the layers. If separation of the layers occurs during testing of field samples, new samples will be cut from the work. Any reoccurrence may cause rejection of the work. ii. The finished CIPP shall fit tightly to the host pipeline at all observable points and shall meet or exceed the minimum thickness established by the design process. The materials properties of the finished CIPP shall meet or exceed the following structural standards: c. Finished and Cured Liner Properties The finished cured -in-place pipe liner shall fit tightly and neatly against the existing pipe walls. The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. The liner shall be fabricated from materials which, when cured, will be suitable for continuous service in sewerage environments containing hydrogen sulfide, carbon monoxide, carbon dioxide, methane, dilute (10%) sulfuric acid at an average wastewater temperature of 80°F, dilute (10%) phosphoric acid, petroleum hydrocarbons, gasoline, vegetable oil, tap water (pH 6.5 - 9), up to 1 hour per day exposure to 5 percent sodium hydroxide up to a pH of 11, moisture saturation, and external exposure to soil bacteria and chemical attack which may be due to materials in the surrounding ground or sewage within. iii. CIPP Field Samples — CIP samples shall be prepared for each installation designated by the City's representative or approximately 20% of the project's installations. These test results must verify that the CIPP physical properties specified in section 5.b.ii. have been achieved in previous field applications. Samples for this project shall be made and tested in accordance with ASTM F1216 or ASTM F1743, Section 8, using either method proposed. These test results must verify that the CIPP physical properties specified in section 5.b.ii. have been achieved. d. Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. Liner shall be homogeneous throughout and free of: Serious abrasion, cutting, or gouging of the outside surface extending to more than 10 percent of the wall thickness in depth. 37 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 MINIMUM PHYSICAL PROPERTIES Property ASTM Polyester Filled Polyester Vinyl Ester Test Method System System System Flexural Strength D790 4,500 psi 4,500 psi 5,000 psi Flexural Modulus (Initial) D790 250,000 psi 400,000 psi 300,000 psi Flexural Modulus (50 Yr) D790 125,000 psi 200,000 psi 150,000 psi Tensile Strength D638 3,000 psi 3,000 psi 4,000 psi c. Finished and Cured Liner Properties The finished cured -in-place pipe liner shall fit tightly and neatly against the existing pipe walls. The CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. CIPP samples for testing shall be of tube and resin system similar to that proposed for actual construction. It is required that CIPP samples with and without plastic coating meet these chemical testing requirements. The liner shall be fabricated from materials which, when cured, will be suitable for continuous service in sewerage environments containing hydrogen sulfide, carbon monoxide, carbon dioxide, methane, dilute (10%) sulfuric acid at an average wastewater temperature of 80°F, dilute (10%) phosphoric acid, petroleum hydrocarbons, gasoline, vegetable oil, tap water (pH 6.5 - 9), up to 1 hour per day exposure to 5 percent sodium hydroxide up to a pH of 11, moisture saturation, and external exposure to soil bacteria and chemical attack which may be due to materials in the surrounding ground or sewage within. iii. CIPP Field Samples — CIP samples shall be prepared for each installation designated by the City's representative or approximately 20% of the project's installations. These test results must verify that the CIPP physical properties specified in section 5.b.ii. have been achieved in previous field applications. Samples for this project shall be made and tested in accordance with ASTM F1216 or ASTM F1743, Section 8, using either method proposed. These test results must verify that the CIPP physical properties specified in section 5.b.ii. have been achieved. d. Visual inspection of the CIPP shall be in accordance with ASTM F1743, Section 8.6. Liner shall be homogeneous throughout and free of: Serious abrasion, cutting, or gouging of the outside surface extending to more than 10 percent of the wall thickness in depth. 37 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 Cracks iii. Kinking (generally due to excessive or abrupt bending) iv. Flattening V. Holes vi. Blisters vii. Other injurious defects viii. Liner color of the pipe and fittings shall conform to the following: a) The inner wall shall be white, light green, light red (vitrified clay color), or natural. Yellow, black, and light purple are not acceptable. b) They shall be uniform in color, opacity, density, and other physical properties. Any pipe and fittings not meeting these criteria shall be rejected. C. EXECUTION 1. General This section is intended to provide the Contractor with general guidance on the methods to be used to install the sewer pipe using the deformed and reformed pipe liner method and the CIPP liner method. Nothing contained herein shall relieve the Contractor from completing the pipe rehabilitation in the most feasible, efficient and safe manner, using required materials to the lines and grades shown on the plans and to the requirements of these specifications. 2. Existing Conditions a. Site Review Prior to ordering, fabrication, or the commencement of lining any pipes, the contractor shall perform a site review, pre -cleaning and CCTV video inspection to verify existing field conditions prior to lining. The liner shall be fabricated to a size which, when installed, will neatly fit the internal circumference of the conduit shown on the Plans. Allowance for circumference expansion during installation shall be made. ii. The Contractor shall verify that the sewer line shall be installed in strict accordance with all pertinent codes and regulations, the original design, the referenced standards and the manufacturer's recommendations. b. Discrepancies i. In the event of discrepancy, the Contractor shall immediately notify the Engineer. ii. The Contractor shall not proceed with the installation in areas of discrepancy until all such discrepancies have been fully resolved with the Owner or Owners representative and noted in that days log. 3. Field Measurements The Contractor shall make all necessary measurements in the field to ensure precise fit of items in accordance with the drawings. 4. Inspection of Pipe Liner No pipe shall be lined without proper notification of the Engineer. Each pipe liner shall be subject to inspection by the Engineer immediately prior to installation. Defective liner will be rejected and replaced at the Contractor's expense. 38 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 5. Preparation The following installation procedures shall be adhered to unless otherwise approved by the Engineer. a. Safety a. The Contractor shall carry out his operations in strict accordance with all OSHA and manufacturer's safety requirements. Particular attention is drawn to those safety requirements working with hazardous/combustible materials, scaffolding and entering confined spaces. b. Prior to entering access areas such as manholes, and performing inspection or cleaning operations, an evaluation of the atmosphere to determine the presence of toxic of flammable vapors or lack of oxygen must be undertaken in accordance with local, state, or federal safety regulations. b. Cleaning of Sewer Line Prior to pipe rehabilitation, the Contractor shall perform an initial sewer cleaning of all debris, roots and other materials that would prevent the proper installation of the liner. Several passes, if necessary, with a piece of high-pressure jet cleaning equipment shall be preformed until all debris is removed from the pipe. If roots are present, root cutters or mechanical brushes shall be attached to the jet nozzle and sent through the line to remove all root intrusions. All spoils removed from the pipe shall be properly disposed of by the Contractor at the City's Wastewater Treatment Plant. c. Inspection of Pipelines The Contractor shall provide experienced personnel trained in locating breaks, obstacles and service connections by closed circuit color television. The interior of the pipelines shall be carefully inspected to determine the location of any condition which may prevent the proper installation of the liner into the pipeline. It shall be verified in writing to the Owner so that these conditions can be corrected. A color video recording and suitable legible log shall be kept for later reference by the City. d. Bypassing flow i. The Contractor, when required, shall provide for the flow around the section of pipe designated for the liner. The Contractor shall develop and submit the bypass plan to the City for approval no later than 48 hours in advance of the implementation of the bypass plan by the Contractor. The bypass plan must be approved by the City prior to implementation. ii. The pump and bypass lines shall be of adequate capacity and size to handle the flow. The Contractor shall furnish, install, and operate pumps, plugs, conduits, and other equipment to divert the flow of sewage around the pipeline reach in which work is to be performed. The plug shall be provided with a tag line. iii. The pumping system shall be of sufficient capacity to handle existing flow plus additional flow that may occur during a rainstorm. Standby pumps shall be provided as required. Pumping shall be done by the Contractor in such manner as will not damage public or private property or create a nuisance or health menace. iv. The pumped sewage shall be in an enclosed hose or pipe and shall be reinserted into the sanitary sewer system. Sewage shall not be allowed to free flow in gutters, streets or over sidewalks, etc. Nor shall any sewage be allowed to flow into the storm inlets or conduits. After the work has been completed, flow shall be restored to normal. e. Line Obstruction It shall be the responsibility of the Contractor to clear the line of obstructions or collapsed pipe that will prevent the insertion of CIPP. If pre -installation inspection reveals an obstruction such as a protruding service connection, dropped joint, or a collapse that will 39 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 prevent the installation process, that was not evident on the pre-bid video and it cannot be removed by conventional sewer cleaning equipment, then the Contractor shall make a point repair excavation to uncover and remove or repair the obstruction. Such excavation shall be approved in writing by the City's representative prior to the commencement of the work and shall be considered as a separate pay item. f. Manhole Protection The Contractor shall protect the manholes to withstand forces generated by equipment, water or air pressure used while inserting the liner. The Contractor shall be fully responsible for any damages to existing utilities caused by the Contractor's operations. g. Public Notification The Contractor shall make every effort to maintain sewer service usage throughout the duration of the project. In the event that a connection will be out of service, the maximum amount of time of no service shall be 8 hours for any property served by the sewer. The Contractor shall be required to notify the City and all affected properties whose service laterals will be out of service and advice against water usage until the sewer main in back in service. Such notification shall be provided to the Public Works Department at least 48 hours prior to service disconnecting. A public notification program shall be implemented, and shall as a minimum, require the Contractor to be responsible for contacting each home or business connected to the sanitary sewer and informing them of the work to be conducted, and when the sewer will be off-line. The Contractor shall also provide the following: i. Written notice to be delivered to each home or business 48 hours prior to the beginning of work being conducted on the section describing the work, schedule, how it affects them, and a local telephone number of the Contractor they can call to discuss the project or any problems which could arise. ii. Personal contact and attempted written notice the day prior to the beginning of work being conducted on the section relative to the residents affected. iii. Personal contact with any home or business which cannot be reconnected within the time stated in the written notice. h. The Contractor shall be responsible for confirming the locations of all branch service connections prior to installing the pipe liner 6. Installation a. The Contractor shall be an approved licensed installer of the proposed pipe liner system. The liner shall be installed through the existing manholes, in accordance with the manufacturer's recommendations and procedures. The finished pipe on mainline reaches shall be continuous over the entire length between manholes and cleanouts, and be as free as commercially practical from visual defects such as foreign inclusions and pin holes. The beginning and end of the pipe lining shall be cut flush at the inlet and outlet points in the manhole by using a rotary cutter, and the ends shall be sealed to the rehabilitated pipeline. The sealing material shall be compatible with the pipe liner pipe and shall provide a watertight seal. c. If the liner fails to install properly, the Contractor shall remove the failed liner and replace it with a new liner. This work shall be performed at the Contractors expense without additional cost to the City. It shall also meet the leakage requirements or pressure test specified herein. d. Any defects which will affect, in the foreseeable future or warranty period, the integrity or strength of the liner shall be repaired at the Contractor's expense. Allowance shall be given for the excess pipe when the cross-sectional area has been reduced due to offset joints, partial collapse, out -of -round sections, etc. 40 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 7. Cure -In -Place Pipe Lining CIPP installation shall be in accordance with ASTM F1216, Section 7, or ASTM F1743, Section 6, with the following modifications: a. The host pipeline shall be cleaned and televised as specified herein. The outside diameter of the tube being inserted shall be properly sized to allow for expansion so that the CIPP liner can fit tightly against the host pipe. b. Resin Impregnation - The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage and the potential loss of resin during installation through cracks and irregularities in the original pipe wall. A vacuum impregnation process shall be used in conjunction with a roller system to achieve a uniform distribution of the resin throughout the tube. c. Temperature gauges shall be placed at the upstream and downstream ends of the reach being lined to monitor the. pressurized fluid's (air or water) temperature. In addition to monitoring the temperature inside the tube, temperature gauges shall be placed between the host pipe and the liner at as many points as is practical to record the heating that takes place on the outside of the liner. d. During the curing process, the Contractor shall keep logs, charts and/or graphs of the liner temperatures at the upstream and downstream manholes to insure that proper temperatures and cure times have been achieved. These documents may be required by the Engineer at any time during and after the curing process. The curing of the CIPP must take into account the existing pipe material, the resin system, and ground conditions (temperature, moisture level, and thermal conductivity of soil). e. Curing of the resin system shall be accomplished by utilizing hot water under hydrostatic pressure or steam pressure in accordance with the manufacturer's recommended cure schedule. The temperatures achieved and the duration of holding the pressurized fluid at those temperatures shall be per the manufacturer's established procedures. A cool -down process shall be conducted that complies with the resin manufacture f. A pre -liner shall be used in areas where ground water is infiltrating into the existing pipe to protect the resin from contact with water unless the tube has an inner and outer coating. An alternate method is to chemically grout the infiltration areas within the existing pipe before installing the liner. 8. Sealing Liner At Manholes a. The pipe liner shall be trimmed at approximately one (1) inch from the inside manhole wall to allow sealing. b. Restore manhole bottom and invert. c. If, due to broken or off -set pipe at the manhole wall, the liner fails to make a tight seal, the Contractor shall apply a seal at that point. The seal shall be of a resin mixture compatible with the liner material. d. The cost for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in providing a water tight seal between the liner and the manhole shall be considered as included in the contract prices paid for sanitary sewer main pipe liner installation and no additional compensation will be allowed therefore. 9. Service Lateral Reinstatements a. The Contractor shall be responsible for identifying and reconnecting the laterals to the lined pipe. Reinstatement of laterals as identified by CCTV, not as shown on the plans, shall be 41 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 completed by an internal reinstatement by using a pivot -head CCTV camera and a remote cutting tool to locate the lateral from the inside of the lined pipe and cutting a hole matching the lateral diameter. The Contractor shall provide a nearly full -diameter hole, free from burns or projections by brushing the lateral connection area to provide a smooth and crack -free edge. The hole shall be 95% minimum and 100% maximum of the original lateral connection. The invert of the lateral connection shall match the bottom of the reinstated lateral opening. c. The maximum amount of time sewer laterals can remain inoperable due to the Contractor's operations is 8 hours unless otherwise authorized in writing by the Engineer. The Contractor shall have a back-up remote control cutting device on site in case of malfunction. d. The lateral connection area shall be chemically grouted where the lateral enters the lined pipe to produce a water tight seal. The chemical grout shall be of the generic class of acrylamide base gel designed and designated for use by the manufacturer for sealing sewer lateral connections to sewer main pipes. e. Prior to joint sealing, each joint shall be tested to identify defective pipe joints. Access to the lateral pipe shall be through the mainline connection or residential cleanout. Joint seal shall be tested at a pressure equal to one-half (%2) psi per foot of pipeline depth (10 feet=5 psi) 5 psi, minimum. If the void pressure decays by more than two (2) psi within fifteen (15) seconds, the joint shall be considered as defective. Testing of joints which are visibly leaking (infiltration) will not be required. Joint sealing shall be accomplished by forcing chemical sealing materials into or through faulty joints by a system of pumps, hoses and sealing packers. The packer shall be cylindrical and have a diameter less than the pipe size and have cables attached at each end to pull it through the line. The packer device shall be constructed in a manner to allow a restricted amount of sewage to flow. Jetting or driving pipes from the surface that could damage or cause undermining of the pipe lines shall not be allowed. Uncovering the pipe by excavation of pavement and soil (which would disrupt traffic, undermine adjacent utilities and structures, and cause further damage to the pipe lines being repaired) shall not be allowed. The packer shall be positioned over the faulty joint by means of a distance measuring device and a close -circuit television camera in the line. It is important that the procedure used by the Contractor for positioning the package be accurate to avoid over pulling the packer and thus not effectively sealing (grouting) the intended joint. The expanded ends shall seal against the inside periphery of the pipe to form a void area at the faulty joint, now completely isolated from the remainder of the pipe line. Into this isolated area, sealant materials shall be pumped through the hose system at controlled pressures which are in excess of groundwater pressures or ten (10) psi, maximum. The pumping unit, metering equipment, and the packer device shall be designed so that proportions and quantities of materials can be regulated in accordance with the type and size of the leak being sealed. The sealed joint shall be retested in accordance with paragraph 9e. (Above) as proof of seal. A joint shall not be considered "as sealed" until the joint has maintained a pressure drop not exceeding two (2) psi for a minimum of fifteen (15) seconds. h. Residual sealing materials that extend into the pipe, reduce the pipe diameter, or restrict the flow shall be removed from the joint. The sealed joints shall be left reasonably "flush" with the existing pipe surface. if excessive residual sealing materials accumulate in the line (and/or if directed by the City's Representative), the lateral section shall be cleaned to remove the residual materials. Extreme caution shall be utilized during the joint testing and sealing operations in order to avoid damaging the existing sewer pipe. If any damage occurs, it shall be repaired to the satisfaction of the Owner/City Engineer with no additional cost to the Owner or the City. 42 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and restoration work. 10. Clean-up a. The Contractor shall restore or replace all removed or damaged paving, curbing, sidewalks, gutters, shrubbery, fences, sod or other disturbed surfaces or structures to a condition equal to that before the work began, to the satisfaction of the Engineer and appropriate property owner, and shall furnish all labor and material incidental thereto. b. Surplus liner material, tools and temporary structures shall be removed by the Contractor. All dirt, rubbish and excess earth from operation shall be legally disposed of by the Contractor and the construction site shall be left clean to the satisfaction of the Engineer. 11. Warranty The Contractor shall Warrant all work to be free from defects in workmanship and materials for a period of two (2) years from the date of final acceptance of all construction work by City Council. 13-03. Manhole Rehabilitation A. GENERAL 1. Description a. This specification shall govern all work, materials, and equipment required for manhole substrate rehabilitation for the purpose of eliminating infiltration, exfiltration, providing corrosion protection, repair of voids, and restoration of the structural integrity of the substrate as a result of applying a monolithic, fiber -reinforced, structural cementitious liner to the wall and bench surfaces of brick, concrete, or other masonry construction material. b. Described are procedures for cleaning, preparation, application and testing. The applicator, approved and trained by the manufacturer, shall furnish all labor, equipment and materials for applying a cementitious mix to form a structural monolithic liner of a minimum one-half (1/2) inch thickness, with machinery specially designed for the application. All aspects of the installations shall be in accordance with the manufacturer's recommendation and per the following specifications. 2. Referenced Documents This specification references standards from: a. American Concrete Institute: ACI 546R-90 - Guide to Concrete Repairs. b. American Society for Testing and Materials Standards: i. ASTM C78-84 - Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading). ii. ASTM C 109-92 - Compressive Strength of Hydraulic Cement Mortars (Using 2" or 50 -mm Cube specimens). iii. ASTM C138-92 -Unit Weight, Yield, and Air Content (Gravimetric) of Concrete. iv. ASTM C496-90 - Splitting Tensile Strength of Cylindrical Concrete Specimens. v. ASTM C882-91 - Bond Strength of Epoxy -Resin Systems Used with Concrete. c. Corps of Engineers: CRD C39-81 - Coefficient of Linear Thermal Expansion of Concrete. 43 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 d. Steel Structures Painting Council: SSPC SP1 0 VIS 1-89 - Near White Metal Blast Cleaning. 3. Product Manufacturer/Contractor Qualification Requirements a. The Contractor shall submit a list of similar sewer manhole rehabilitation projects with a five-year history. Include the owner's name and the project name, description and date put into service. 4. Quality Assurance a. Qualifications: Contractor shall have three years experience performing concrete restoration and wet spray mortar application, or have completed a factory training course. b. Field Samples: i. At location on Project selected by Engineer, perform substrate preparation work using methods proposed for Project. Notify Engineer to allow observation. Accepted sample establishes standard for Work. Complete wet spray of sample when no longer needed for reference. ii. Demonstrate proposed wet spray application method by placing mortar into boxes to thicknesses and in orientations required on Project. Take core samples and notify Engineer to allow observation. c. Perform Work in accordance with ACI 546 except where exceeded by specification requirements. 5. Submittals a. Technical product data, including brand name and manufacturer for each product. Provide laboratory test results to verify 28 -day compressive strength in accordance with ASTM C39 or C109. b. Copy of nozzle men's certification. c. Manufacturer's limited warranty and warranty application procedures. The manufacturer/applicator shall furnish all of the labor, equipment and materials to rehabilitate the manhole. The application equipment shall be capable of spraying the cement and epoxy coating materials as required by the manufacturer's printed recommendation. 6. Product Handlinq a. Deliver in original, unopened packaging. b. Store the cement materials under dry conditions between 40°F and 85°F. No modification should be made to the manufacturer's recommendations for handling, mixing, placing and finishing of this product. c. No application shall be made if ambient temperature is below 45°F or above 85°F. No application shall be made to frozen surfaces or if freezing is expected to occur within the substrate within 24 hours after application. d. Precautions shall be taken to keep the mix temperatures at time of application below 90°F. Water temperature shall not exceed 80°F. Chill with ice if necessary. 44 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 7. Warranty The applicator shall guarantee the work to be free of defects in materials and workmanship for a one (1) year period, unless stated otherwise, after completion of the work. The applicator shall repair defects in materials or workmanship, which may develop during the one (1) year period; and any damage to other work caused by such defects or discovered within the same period at no additional cost to the owner. B. MATERIALS AND DESIGN 1. Manufacturers a. ChemRex Inc. phone: 612-496-6000 b. Substitutions: Comply with Section 8-03, "Materials and Equipment Specified by Name" substitution request procedures. 2. Materials a. Primer: one -component, VOC compliant, zinc -rich epoxy primer. b. Wet Spray Mortar Mix: a single -component, factory- blended mix of processed cement, graded aggregate, microsilica and polypropylene fibers. Wet Spray mortar mix shall have the following properties as determined by laboratory testing: i. Flexural Strength, ASTM C 78 ii. Compressive Strength, ASTM C 109 iii. Fresh Wet Density, ASTM C 138 iv. Splitting Tensile Strength, ASTM C 496 v. Slant Shear Bond Strength, ASTM C882 (Modified) 1000 psi (6.9 MPa) @ 28 days 9000 psi (62.0 MPa) @ 28 days 2" (51 mm) cubes 130 lb/cu ft (2.1 kg/L) 700 psi (4.8 MPa) @ 28 days 2,250 psi (1 5.5MPa) @ 28 days c. Water: Use clean, potable water. No modification or changes should be made to this product or the manufacturer's recommendations for handling, mixing, placing, and finishing of this product. d. Curing Compound: ThoRoc Acrylic Modifier; acrylic latex polymer liquid. e. Steel Reinforcing: ASTM A615, Grade 60, unless otherwise required. f. Welded Wire Fabric: ASTM A85. g. Hydraulic mortar: ThoRoc Plug; Rapid setting, cementitious waterstop mortar. h. Epoxy coating: Sewer Guard HBS100 Epoxy Liner; Sprayable, high build, moisture tolerant, chemical resistant, two component epoxy coating. 3. Equipment a. Provide equipment designed for wet -process and capable of producing an acceptable application, such as a Putzmeister S5G (516) 752-8899 or PFT N2V (602) 269-9311. 45 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 4. Mixes a. Mix mortar with water, using correct amount of water to achieve proper hydration and specified properties. Do not add other ingredients. C. EXECUTION 1. Preparation a. Place wooden covers over the manhole invert while cleaning the interior walls. Remove all loose and protruding bricks, mortar, and concrete with a mason's hammer or scraper. Repair any invert and bench area that exhibits visible damage or water seepage with Fast Set Bench Repair Cement, Standard Cement Materials Inc [(888) 278-1337] or equivalent. b. The Contractor shall bear complete responsibility for mixing of the materials, applying and finishing of the repair system. Mix the cement liner material with potable water. No water shall be added at the nozzle. The manufacturer shall provide a source for consultation throughout the application of the cement. Follow the manufacturer's recommendations for application, sampling, and the testing procedure as described in ASTM C 94 and ASTM C 94M. c. Concrete Substrates L Remove loose or unsound concrete a) Saw cut edges of areas to be repaired to a depth of at least 1/2" (12mm) to provide a square edge. Do not feather edges. b) Remove concrete by mechanical means or hydro -demolition. c) Roughen edges of saw cut to provide surface profile. ii. Where removal of concrete is not required a) Remove laitance, contamination, plaster, oil, paint, grease, corrosion deposits, algae, and other materials detrimental to adhesion of mortar using mechanical means or minimum 3500 psi water wash. b) Roughen substrate by mechanical means or high pressure water (minimum 3500 psi) to minimum 1/4" (6mm) profile amplitude. c) Substrate shall be clean and free from dust. d) Water infiltration: Use hydraulic mortar to plug holes and stop all water entry. b. Reinforcing Steel i. Expose full circumference of corroded steel in areas to be repaired. ii. Remove loose scale and corrosion deposits to expose surface of metal using abrasive blasting unless otherwise approved by Engineer. Pay particular attention to back of exposed steel. iii. Replace reinforcing which has lost significant section due to corrosion with material specified in Section B.2.. iv. Add welded wire fabric or reinforcing steel as required by ACI requirements for placement of mortar with material specified in Section B.2. v. Mechanically fasten reinforcing to assure electrical continuity and to secure against movement during application of mortar. 46 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 vi. Steel shall be high pressure washed with clean water modified with corrosion inhibitor, or steam cleaned immediately after abrasive blasting to remove corrosion deposits from pits and imperfections in steel surface. c. Prime exposed steel promptly after cleaning. Apply two coats in accordance with primer manufacturer's instructions and allow drying after each coat. d. Mask or protect adjacent surfaces against overspray. e. Immediately before application of mortar, thoroughly soak concrete substrate with water, and then remove water to provide a saturated surface dry condition. 2. Application a. Spray apply mortar using recognized procedures for nozzle angle, material build-up, coverage of reinforcement, and finishing. Mortar shall be fully adhered and free of voids and rebound. Provide not less than [9,000 psi (62.0 MPa)] compressive strength in accordance with ASTM C42 at 28 days. b. Apply in layers not less than 1/2" (12mm), nor more than 4" (102mm) on overhead surfaces, 6" (152mm) on vertical surfaces, and 8 (203mm) on horizontal surfaces. Buildup required thickness by applying wet on wet layers without allowing previous layer to dry out. If material sags or slumps, remove it and replace with new material. c. Use guide wires and rodding to achieve final shaping and elevations on vertical or overhead placements. d. Remove excess material and overspray promptly. [Remove masking.) e. Finishing: As -applied spray texture is acceptable. Tamp to compact, even surface. Steel trowel to a hard, dense surface. 3. Curing a. Begin curing immediately after application and finishing. Comply with ACI 308, Chapter 8.7. b. Apply curing compound in continuous film at rate of 150 to 200 sq.ft./gal. (3.7 to 4.9m square/L) or damp cure for seven days using fine mist of water, burlap kept continuously moist, or polyethylene sheets taped down at edges. c. Protect from freezing temperature and heavy rainfall throughout curing period. 4. Epoxy Coatinq a. Remove curing compound if more than 24 hours curing has elapsed. b. Spray apply epoxy coating at a minimum 50 mils wet film thickness in a uniform, defect -free, void free film, using a 40:1 or 45:1 air assisted airless spray unit, like Graco or Binks. 5. Field Quality Control a. Site Tests: Verify quality of installation by sounding and impact -echo testing. b. Use test cylinder per ASTM C-39, or as specified by the manufacturer for testing compressive strength. Make three test cylinders from each day's work. Label the cylinders with the date, location, project name and product batch numbers one each one. Send the 47 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 cylinders to a third party laboratory or the manufacturer for verification. Test in accordance with Test Method C-1140. Test the cement material for 7 and 28 -day periods. Retain one sample for further instructions should the others fail to meet the 28 -day test requirement. c. The City's representative or manufacturer's representative will be required to visually inspect each structure following the application of the cement liner and epoxy coating system. Acceptable test methods include visual inspection, or vacuum testing, or digital photos/videos. If vacuum testing, testing may begin 48 hours after the manhole has been rehabilitated, or as specified by the manufacturer. Any areas determined to have inadequate coverage in the finished coating, and defects, voids or holidays shall be repaired. 13-04 Measurement. Sewer pipe relining shall be measured by the linear foot as measured from center of manhole to center of manhole. Manhole rehabilitation shall be measured by the linear foot as measured from the flowline to the top of the rim. 13-05. Payment. The contract price per linear foot for sewer pipe relining shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, completing bypass pumping, conducting pre -cleaning and video inspection, clearing obstructions, reinstating service laterals, sealing liner at manholes, chemical sealing of existing sewer systems, testing, clean-up, post construction video inspection, and for doing all work complete in place involved in sewer pipe relining as specified, and no additional compensation will be allowed therefore. The contract price paid per linear foot for manhole rehabilitation shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in rehabilitating manholes. 48 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. 49 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR MANHOLE REHABILITATION & SEWER PIPE RELINING Specification No. 09-07 The undersigned, as bidder, declares that he or she has examined thoroughly all contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and information provided in the attached appendices and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefore the following sums: 50 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 BIDDING SCHEDULE FOR MANHOLE REHABILITATION & SEWER PIPE RELINING In case of discrepancy between words and figures, the words shall prevail. ITEM NO. QUANTITY UNIT PRICE BID IN WRITING AND IN FIGURES EXTENDED AMOUNT FOR ITEM 1. 1 LS Mobilization for the price per lump sum $ 2. 1 LS Traffic control for the price per lump sum $ c$ ) 3. 341 LF Rehabilitation of 50 Manholes at various locations in and around the City of Ukiah for a price per linear foot of 4. 6281.0 LF Install cured -in-place pipe lining for existing 6" sewer pipe for a price per linear foot of — 5. TOTAL: 1248.5 LF Install cured -in-place pipe lining for existing 10" sewer pipe for a price per linear foot of TOTAL BID AMOUNT $ ($ } 51 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids or to select the base bid plus any additive bid item or combination of additive bid items and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of , 20 Licensed in accordance with an act providing for the registration of California Contractors License No. expiration date THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business name, address, phone number and fax number: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. 52 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. MANHOLE REHABILITATION & SEWER PIPE RELINING Specification No. 09-07 (Signature of Bidder) Business Address: Place of Residence: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 53 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this day of 20 Signature of Bidder, with Business Address: 54 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 55 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. 56 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. 57 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 SIGNATURE(S) OF BIDDER Accompanying this proposal is (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co -partnership, provide the true name of firm and also the names of all individual co- partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. , License Expiration Date Signature(s) of Bidder: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co -partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co -partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated CITY OF UKIAH Mendocino County, California 58 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, as PRINCIPAL and as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the Manhole Rehabilitation & Sewer Pipe Relining bid, Specification 09-07, to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California, (Date) for Manhole Rehabilitation & Sewer Pipe Relining bid, Specification 09- 07. NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of . A.D. 20 (Seal) (Seal) (Seal) Principal (Seal) (Seal) (Seal) Surety Address: 59 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 NON -COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for Manhole Rehabilitation & Sewer Pipe Relining, Specification 09- 07 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Signature(s) of Bidder Business Address: Place of Residence: NOTARIZATION Subscribed and sworn to before me this day of , 20 Notary Public in and for the County of My Commission Expires 20 State of California. 60 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 CITY OF UKIAH Mendocino County, California AGREEMENT 0 MANHOLE REHABILITATION & SEWER PIPE RELINING Specification No. 09-07 THIS AGREEMENT, made this day of 20 , by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and ereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, information provided in attached appendices and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and information provided in attached appendices and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1 Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within forty-five (45) working days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer 61 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Appendices, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre -qualification rating, if any and for refusing to establish, reestablish or renew a pre -qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. 62 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre -qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees' referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti -discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its pre -qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. 63 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Scales 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Appendices and Construction Details 10. Standard Drawings IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this day of m CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: Attest: By: Attest: Title: CITY MANAGER, CITY OF UKIAH CITY CLERK, CITY OF UKIAH CONTRACTOR The foregoing contract is approved as to form and legality this day of 20 CITY ATTORNEY, CITY OF UKIAH 64 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on 20 , by and between the City of Ukiah (Ukiah) and (Contractor). Contractor is for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor's negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: TITLE: 65 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, AS PRINCIPAL, and AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City", in the penal sum of for the payment of which sum we bind ourselves, jointly and severally. dollars ($ ) our heirs, executors, administrators, and successors, WHEREAS, the Principal has entered into a certain Contract with the City, dated 20 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of 20 In the presence of: WITNESS: (Individual Principal) (Business Address) (City/State/Zip Code) 66 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 WITNESS: (Corporate Principal) (Business Address) (City/State/Zip Code) ATTEST: (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) ATTEST: (Corporate Principal) Affix Corporate Seal (Business Address) (City/State/Zip Code) The rate of premium on this bond is $ The total amount of premium charges is $ perthousand. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) 1, , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal 67 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, and AS PRINCIPAL, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of dollars ($ )for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated 20 a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of 20 In the presence of: WITNESS: (Individual Principal) (Business Address) (City/State/Zip Code) 68 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 WITNESS: (Corporate Principal) (Business Address) (City/State/Zip Code) ATTEST: (Corporate Principal) Affix Seal (Business Address) (City/State/Zip Code) ATTEST: Affix (Corporate Surety) Corporate Seal (Business Address) (City/State/Zip Code) The rate of premium on this bond is $ The total amount of premium charges is $, per thousand. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) 1, , certify that I am the Secretary of the corporation named as Principal in the foregoing bond; that who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Affix Corporate Seal 69 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint ventures, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. 70 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, as PRINCIPAL as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated For WHEREAS, said Contract has been completed, and was approved on the day of NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this day of , 20 (Seal) BY: (Seal) (Seal) Principal (Seal) BY: _ (Seal) Seal) Surety 71 Manhole Rehabilitation & Sewer Pipe Relining Spec. No. 09-07 P,mnrnriLlntinn of Insurance Services Office. Inc. Form ISSUE DATE (MM/DD/YY) CERTIFICATE OF INSURANCE CITY OF UKIAH PRODUCER THIS CERTIFICATE OF INSURANCE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. COMPANIES BEST'S RATING COMPANY LETTER A COMPANY INSURED LETTER B COMPANY LETTER C AQ •;_ COMPANY LETTER D COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INN, NOTWITHSTANDING NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PRjfljN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWtJ`k1AY FIAVE I EN REDUCED BY PAID ty IMS. CO POLICY POLICY EFFECTIVE EXPIRATION DATE LTR TYPE OF INSURANCE NUMBER DATE (MM/DD/YY) (MM/DDn, ALL LI�g W THOUSP�I�ti75t'' , GENERAL LIABILITYGENERAL AGGREGATE El COMMERCIAL " ,AODUCTS COMP/OPS AGGREGATE $ ❑ CLAIMS MADE a PERSONAL & ADVERTI$I�tG,;NJURY $ [I OCCURRENCE ❑ OWNER'S & CONTRACTOR'S EACH OCCt)RANCE $ PROT. FIRE DAMAGE;�any one fire) $ ❑ OTHER �ra MEDICAL EXPENSES (any one person) AUTOMOTIVE LIABILITYi a COMBINED SINGLE LIMIT $ ❑ ANY AUTO ❑ ALL OWNED AUTOS BODILY INJURY (per person) $ ❑ SCHEDULED AUTOS'` r BODILY INJURY (per accident) $ ❑ HIRED AUTOS ❑ NON -OWNED AUTOS PROPERTY DAMAGE $ ❑ GARAGE LIABILITY a EXCESS LIABILITY EACH OCCURRENCE ❑ UMBRELLA ❑OTHER THAN AGGREGATE $ UMBRELLA FORM,;';+ ❑ WORKER'S COMPENSATION` STATUTORY EACH ACCIDENT $ AND ` DISEASE -POLICY LIMIT EMPLOYER'S L)BILITY a, DISEASE - EACH EMPLOYEE $ PROPERTY DAMAGE ` " AMOUNT OF INSURANCE $ ❑ COiJRSE OF CONSTRUOTI, f DESCRIPTION"'O'5,"fLbCartATIOW.,�, /EHIC15/RESTRICTIONS/SPECIAL ITEMS i ik i %V :. THE FOLLOWING PROVISIONS APPLY: 1. None of the above-described policies will be canceled until after 30 day's written notice has been given to the City at the address indicated below. 2. The City, its officials, officers, employees, and volunteers are added as insureds on all Liability Insurance Policies listed above. 3. It is agreed that any insurance or self-insurance maintained by the City will apply in excess of and not contribute with, the insurance described above. 4. The City is named a loss payee on The Property Insurance Policies described above, if any. 5. All rights of subrogation under the Property Insurance Policy listed above have been waived against the City. 6. The Worker's Compensation Insurer named above, if any, agrees to waive all rights of subrogation against the Cityfor injuries to employees of the insured resulting from work for the City or use of the City's premises or facilities. CERTIFICATE HOLDER/ADDITIONAL INSURED AUTHORIZED REPRESENTATIVE (CITY) City of Ukiah SIGNATURE: 300 Seminary Avenue Ukiah, CA 95482-5400 TITLE: PHONE NO.: AUTOMOBILE LIABILITY SPECIAL ENDORSEMENT Endorsement No. FOR City of Ukiah (the "City") Issue Date: PRODUCER POLICY INFORMATION: Insurance Company: Policy No.: Policy Period: (from) (to) LOSS ADJUSTMENT EXPENSE ❑ Included in limits h In addition to limits Telephone: ( ) ❑ Deductible ❑ Self Insured RetentIbn-{check which) of $ 4 ; NAMED INSURED u., APPLICABILITY. This insuranCe�16 thins to the operation and/or tenancy of the named insured under all writien agreementslt hermits in force with the City unless checked here stn Which case only the following specific agreements and permits with the fitly are Dove."red: N4 CITY AGREEMENTS/PERMITS 4 t TYPE OF INSURANCE OTHER PROVISIONS ❑ COMMERCIAL 't ❑ BUSINESS AUTO POLICY ❑ OTHER �u LIMIT OF LIABILITY CLAIMS: Underwriter's rep for claims pursuant to this insurance. { t iName `' $ per accident, for bodily injury and property dan" 9e Telephotis{{ ( ) 44 � 4~ In consideration of the premium charged and notwithstanding pny inconsistent statement i, the, poldy tq WF lc( this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follows: ; 1. INSURED: The City, its officers, officials, employees and SoiunieersA1e included as insureds i regard tdtfemages and defense of claims arising from: the ownership operation, maintenance, use, loading or unloading of any auto owned, leaded, hired or borrowed by the Nametl {rtsuced, or for wlctf the Named+If13u7ed is responsible. 2. CONTRIBUTION NOT REQUIRED: As respects work performed b�yShe,Namer7iinstYfdd for or oniZehaI of the City, the insurance afforded by this policy shall: (a) be primary insurance as respects the City, its officers, officials, employees and volunteers; or (b) stand in an un6p'j'ee chain of c`oaernge exC�S of the Named Insured's primary coverage. Any insurance or self-insurance maintained by the City, its officers, officials, employees, and volunteers shall be excess of the Named Insured s insr7ranceandtnot contribute with it, 3. CANCELLATION NOTICE: With resp eoIf1d t'he Interests of the City, this msUr`ance shall not be caneeled, except after thirty (30) days prior written notice by receipted delivery has been given to the City. 0 Z,1011 91 4. SCOPE OF COVERAGE: This policy affords coverageaat least as broad as (1) If primary, insurance Services Offic4f6i p numberCAQ001 (Ed. 1/87), Code {A ny auto );or (2) If excess, affords coverage which is al least as broad as ttye Primary Insurance fot n's` Teferenced in the preceding section (1). Except as stated above nothing herein shall be hefd,to waive alter ,.,? -r eziend ank 5tlhe_limits, conditions, agreements or exclusions of the policy to which this endorsement is attached. ,, 46 1 i 4 ENDORSEMENT HOLDER ?tte CITY ,, AUTHORIZED ❑ Broker/Agent ❑ Underwriter ❑ REPRESENTATIVE 3d0 serrilnary AVenU1' '- I (print/type name), warrant that I have Ukiah, California 95482-5400 authority to bind the above-mentioned insurance company and by my signature 4% hereon do so bind this company to this endorsement. k r' 4 Signature (original signature required) Telephone: (_� Date signed: WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL ENDORSEMENT FOR City of Ukiah ( the "City") Endorsement No. Issue Date: PRODUCER POLICY INFORMATION: Insurance Company: t 0' Policy No. Policy Period: (from) (to) Telephone: NAMED INSURED OTHER PROVISIONS { 't « t tz i{ it t r i h" i<t i CLAIMS: (Underwriter's representative for claims pursuant tothitrurance yA i tm�r N)PQYERSLIABILITY LIMITS Name: r $ (Each Accident) Disease - Policy $ �" 4 ( Y Limit ) Address: , tz �' `` (Disease - Each Employee) Telephone: ( ) ° t In consideration of the premium charged and notwithstanding any`inconsistent staternlagtin the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, it is agreed as follpine 1. CANCELLATION NOTICE This �nsurarice shall not be canceled eXcept after thirty (30) days prior written notice by receipted delivery has been given to the City. 2. WAIVER OF SUBROGATION: This Insurance CorripahY agrees to waiVe all rights of subrogation against the City, its officer, officials, employees, and volunteers for losses paid under the terms of this policy which arise from the work perl'Qrmed by the Named Insured for the City. Except as stated above,,no herein it be eld to val`v'e, alter of 6140danyof the limits, conditions, agreements, or exclusions of the policy to which this endorsement is attached. `,st ENDORSEMENT HOLDER AUTHORIZED ❑ Broker/Agent ❑ Underwriter ❑ CITY 4 ..� S � REPRESENTATIVE it A of Ukiah y I (print/type name), warrant that I have authority to bind the above-mentioned insurance company and by my signature 300 Semina A yeiiUe hereon do so bind this company to this endorsement. t #} ter i s,'k Ukiah; C4llfo'rl' 95482-5400 Signature (original signature required) Telephone: {_ t Date signed: Reproduction of Insurance Services Office, Inc. Form INSURER POLICY NUMBER: ENDORSEMENT NUMBER: COMMERCIAL GENERAL LIABILITY FORM CG 20 10 11 85 (MODIFIED) THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED ----- OWNERS, LESSEES CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location(s) of Coveired Operations or Organization(s) j City of Ukiah, its officers, officials, ,' employees and volunteers r� 300 Seminary Avenue I Ukiah, CA 95482 If no entry appears above, information required to cQn4' 'te this endorsement will be shown in ,4 , Declarations as applicable to this endorsement. t � Section II WHO IS AN INSURED is amended to include as an bdditionaI insurgtfie,person(s) or organization(s) shown in the j Schedule, but only with respect to liability.for'podily injury property damage", or',personal and advertising injury" arising out of your work" performed for that insured Modifications to ISO form CG20 10 1185 The insured scheduled above includes the insureds elected Or appointed officers, officials, employees and volunteers. I This insurance shall be pnmaryas respects the Insured shownIn the schedule above, or if excess, shall stand in an unbroken chain of coverage`excess'ofttte Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained bykthe Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it ^he insurance afforded by this ollc s f�all not be canceled except after thirty (30) days prior written notice by certified mail, return redeipt requested, has been given to the City. Coverageshail not extend to any Indemnity coverage for the active negligence of the additional insured in any case where an` greement#,p,indemr%ffy the`a`d'ditional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code: :} 4 4 Signature-Authorized Representative 4 Address Phone Number CG 20 10 11 85 Insurance Services Office, Inc. For (Modified APPENDIX "A" CIDP PIPE - SITE SPECIFIC INFORMATION Begin End Pie Pie Length (FT) Totals (FT) Manhole Manhole Diameter (IN) Material MH -779 CO -338 6 Concrete 196.1 MH -845 MH -844 6 Concrete 505.7 MH -847 CO -217 6 Concrete 330.9 MH -847 MH -846 6 Cement 160.0 MH -846 MH -845 6 Concrete 380.0 MH -847 CO -345 6 Clay 187.6 MH -740 CO -150 6 Clay 298.4 MH -939 MH -944 6 Clay 153.5 MH -905 MH -943 6 Clay 357.6 MH -783 MH -782 6 Clay 185.0 MH -782 MH -781 6 Cement 180.4 MH -860 CO -Hillcrest 6 Cement 430.8 MH -781 MH -780 6 Cement 233.3 MH -780 MH -779 6 Cement 345.9 MH -779 MN -778 6 Clay Tile 344.1 MH -861 MH -862 6 Clay 341.2 MH -862 MH -863 6 23.0 MH -834 CO -Perry St. 6 Cement 280.3 MH -842 CO -218 6 Clay 220.0 MH -831 CO -219 6 Concrete 438.6 MH -767 CO -349 6 Concrete 301.9' MH -820 CO -220 6 Concrete 97.9 MH -766 CO -346 6 Concrete 288.8 6" Total = 6281.0 MH -837 MH -836 10 Concrete 280.4 MH -836 MH -915 10 Concrete 334.8 MH -841 MH -842 10 Concrete 284.7 MH -842 MH -843 10 Cement Reinforced 52.2 MH -843 MH -806 10 Cement Reinforced 296.4 10" Total = 1248.5 Grand Total 7529.5 MANHOLES - SITE SPECIFIC INFORMATION on RhAAlunl GC Manhole ID Street De th FT Totals (FT) 951 Laurel Dr 8.6 953 Wabash Ave 7.8 954 Wabash Ave 5.4 955 Wabash Ave 5.6 956 Wabash Ave at S. State St. 15.6' 925 Washington Ave. 8.5 933 Washin ton Ave 5.5 942 Washington Ave at S. Dora Ave 4 944 Washin ton Ave at S. Dora Ave 5.5 926 Creekside Ct. 9 908A Mulberry 6 1075 Laws Ave. 6 1074 Laws Ave. at S. Dora Ave 10 913 Lewis Lane 5.5 910 Lewis Lane 5.5 856 Bettv St. 6.5 851 Bett St. 9 852 Wau h Lane 7 866 Mendocino Ave. at Helen Ave. UVSD TOTAL= 131 nrrvnc IIVIAU BAARIuni FC Manhole ID Street De th FT Totals FT 835 Cunningham at Rupe St. 11.5 834 Perry St. at Rupe St. 5 845 St.atApple St. 8.5 846 -Cherry Cherry St. 6 847 Cherry St. at Cherry Ct. 4.5 844 Apple Ave 3 840 R.R.Tracks 9.5 841 R.R.Tracks 9 842 R.R.Tracks 8.5 843 R.R.Tracks 9 799 R.R.Tracks 8.5 798 R.R.Tracks 7 796 R.R.Tracks 6.5 805 Gobbi St. at R.R. Tracks 10 778 S Dora St. at Mendocino Ave. 5 779 Mendocino Ave. at Alice Ave. 5 780 Mendocino Ave 5 781 Mendocino Ave. at Gardens Ave. 5.5 866 Mendocino Ave. at Helen Ave. 5.5 863 Mendocino Ave. at Mendocino Pl. 5.5 862 Mendocino Ave. at Hillcrest Ave. 6 861 Mendocino Ave. at Hillview Ave. 6 864 Mendocino PI 6 865 Mendocino PI 6 860 Hillcrest Ave 5 783 Gardens Ave at Hillcrest Ave. 5 784 Gardens Ave at Mendocino Ave. 5 831 Thomas St. at State St. 8 1243 Thomas St. at State St. 8 821 S State St. at Luce Ave. 6 820 Luce St. at State St. 5 766 S State St 6 CITY TOTAL= 210 GRAND TOTAL -z 341