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Home My WebLink About2009-06-17 PacketOF UKIAH COUNCILCITY ,i, Regular Meeting CIVIC CENTER COUNCIL CHAMBER !1 Seminary Avenue Ukiah, CA 95482 2009June 17, 6:00 ;• ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATION-1 4 PETITIONS ANDCOMMUNICATIONS 5. APPROVAL OF MINUTES 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report of Disbursements for the Month of May 2009 b. Rejection of Claim for Damages Received from Mendocino County Employees Retirement Association and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund C. Notification of Purchase of Cisco Catalyst 3750e Network Switch From AT&T Datacom in the Amount of $7,947.56 d. Report to Council for the Purchase of Laserfiche Software and Maintenance/Support from ECS Imaging for the Period of 6/20/2009 through 6/19/2010 in the Amount of $5,390.36 e. Report to the City Council Regarding Payment to City of Light Sound and Recording for the Sound Equipment and Sound Technician Services for the 2009 Sundays in the Park Concert Series in the Amount of $9,600 f. Report to the City Council Regarding the Purchase of Services for the Printing of the 2009 Summer Recreation Guide in the Amount of $5,764.91 g. Authorize City Manager to Negotiate and Sign a Three -Year Audit Services Contract Extension with Davis Hammon & Co., CPA's for a Total First Year Contract Cost not to Exceed $32,910 h. Adopt Plans and Specifications No. 09-11 for the Replacement of 120 Electric Utility Poles and Approve Advertisement for Bids i. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status j. Award the Purchase of 600 Tons of Fractured 3/4" Minus Aggregate to S -Bar -S Quarry in the Amount of $12,294.00 k. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well I. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. PUBLIC HEARINGS (6:15 P) a. Review and Action on Skate Park Site Development Permit — Low Gap Park Site 10. UNFINISHED BUSINESS a. Status Report Regarding Mendocino County's Analysis of Potential Impacts Resulting from the Mendocino Crossings Masonite Specific Plan b. City Council to Discuss Support of AB1121 and Provide Direction to Staff C. Consideration and Discussion of Mandatory Water Conservation Measures to be Required of all City of Ukiah Water Users 11. NEW BUSINESS a. Award of Contract for Oak Manor Tennis Courts Resurfacing, Specification No. 08-08 b. MCOG Joint Powers Agreement (JPA) Amendment C. Discussion And Recommended Approval Of The Acquisition Of Real Property In The Redwood Business Park/Airport Industrial Park; Authorization For The City Manager/Executive Director To Execute All Of The Necessary Purchase And Option Agreements; And Approval Of Corresponding Budget Amendment In The Amount Of $4,193,615 Plus All Associated Costs For Closing 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Real Property Negotiators (§ 54956.8); Property: APN 002-281-15-00, 002-281-29-00, 002-281-02-00, 002-281-03-00, and 002- 281-04-00 Negotiator: Jane Chambers, Executive Director Negotiating Parties: City of Ukiah and Hardy Schmidbauer 1 0 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 12th day of June, 2009. Linda C. Brown, City Clerk RESOLUTION NO. 2009 - OF -AM -MOM 0. I I1. , ►l � ►Y ► : ► I� ►I1 WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused them to make painful budget cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and WHEREAS, since the early 1990s the state government of California has seized over $10 billion of city property tax revenues statewide, now amounting to over $900 million each year, to fund the state budget even after deducting public safety program payments to cities by the state; and WHEREAS, in his proposed FY 2009-10 budget the Governor has proposed transferring $1 billion of local gas taxes and weight fees to the state general fund to balance the state budget, and over $700 million in local gas taxes permanently in future years, immediately jeopardizing the ability of the City to maintain the City's streets, bridges, traffic signals, streetlights, sidewalks and related traffic safety facilities for the use of the motoring public; and WHEREAS, the loss of almost all of the City's gas tax funds will seriously compromise the City's ability to perform critical traffic safety related street maintenance, including, but not limited to, drastically curtailing patching, resurfacing, street lighting/traffic signal maintenance, payment of electricity costs for street lights and signals, bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, and more; and WHEREAS, some cities report to the League of California Cities that they will be forced to eliminate part or all of their street maintenance operations while others will be forced to cut back in other areas (including public safety staffing levels) to use city general funds for basic street repair and maintenance. Furthermore, cities expect that liability damage awards will mount as basic maintenance is ignored and traffic accidents, injuries and deaths increase; and WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998 the voters of our state overwhelmingly imposed restriction on the state's ability to do what the Governor has proposed, and any effort to permanently divert the local share of the gas tax would violate the state constitution and the will of the voters; and WHEREAS, cities and counties maintain 81% of the state road network while the state directly maintains just 8%; and WHEREAS, ongoing street maintenance is a significant public safety concern. A city's failure to maintain its street pavement (potholes filling, sealing, overlays, etc.), traffic signals, signs, and street lights has a direct correlation to traffic accidents, injuries and deaths; and WHEREAS, according to a recent statewide needs assessment' on a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 68, or "at risk." Local streets and roads will fall to "poor" condition (Score of 48) by 2033 based on existing funding levels available to cities and counties. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF UKIAH hereby directs the City Attorney to take all necessary steps to cooperate with the League of California Cities, other cities and counties in supporting litigation against the state of California if the legislature enacts and the governor signs into law legislation that unconstitutionally diverts the City's share of funding from the Highway Users Tax Account (HUTA), also known as the "gas tax," to fund the state general fund; and RESOLVED FURTHER, that the city manager or clerk shall send this resolution with an accompanying letter from the mayor to the Governor and each legislator, informing them in the clearest of terms of the City's adamant resolve to oppose any effort to frustrate the will of the electorate as expressed in Proposition 5 (1974) and Proposition 8 (1998) concerning the proper use and allocation of the gas tax; and RESOLVED FURTHER, that a copy of this Resolution shall be sent by the city manager or clerk to the League of California Cities, the local chamber of commerce, and other community groups whose members are affected by this proposal to create unsafe conditions on the streets of our City for pedestrians, bicyclists and motorists. PASSED AND ADOPTED this 16th day of June, 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk ' California Statewide Local Streets and Roads Needs Assessment, Nichols Consulting Engineers, Chtd. (2008), sponsored by the League of California Cities, California State Association of Counties and County Engineers Association of California. ITEM N MEETING �� AGENDA 7a June 17, 2009 SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MAY 2009 Payments made during the month of May 2009, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 93807-93889, 93944-94131, 94197-94364 Accounts Payable Manual check numbers: none Payroll check numbers: 93890-93943, 94132-94196 Payroll Manual check numbers: none Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Fiscal Impact: 1-1®FAppropriation ® Not Applicable Budget Amendment Required 7 Budgeted FY 08/09 Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Continued on Page 2 Recommended Action(s): Approve the Report of Disbursements for the month of May 2009 Alternative Council Option(s): N/A Citizens advised: NIA Requested by: City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist II Coordinated with: Finance Director and City Manager Attachments: Reports of Disbursements Approved: J Chambers, ity Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MAY 2009 Demand Payments approved: Check No. 93807-93889, 93944-94031, 94032-94131, 94197-94302, 94303-94364 FUNDS: 100 General Fund $371,389.42 600 Airport $5,527.98 105 Measure S General Fund $76,997.33 610 Sewer Service Fund 131 Equipment Reserve Fund 611 Sewer Construction Fund $162,390.84 140 Park Development $26,054.55 612 City/District Sewer $95,130.75 141 Museum Grants 614 Sewer Capital Projects Fund $8,509.75 143 N.E.H.1. Museum Grant 615 City/District Sewer Replace 150 Civic Center Fund 620 Special Sewer Fund (Cap Imp) 200 Asset Seizure Fund $7,034.06 640 San Dist Revolving Fund 201 Asset Seizure (Drug/Alcohol) 641 Sanitation District Special $10,124.81 203 H&S Education 11489 (13)(2)(A1) 650 Spec San Dist Fund (Camp Imp) 204 Federal Asset Seizure Grants 652 REDIP Sewer Enterprise Fund 205 Sup Law Enforce. Srv. Fund (SLESF) $2,500.00 660 Sanitary Disposal Site Fund $20,407.07 206 Community Oriented Policing 661 Landfill Corrective Fund 207 Local Law Enforce. Blk Grant 664 Disposal Closure Reserve 220 Parking Dist. #1 Oper & Maint $691.82 670 U.S.W. Bill & Collect $25,080.84 230 Parking Dist. #1 Revenue Fund 678 Public Safety Dispatch $17,582.70 250 Special Revenue Fund $15,324.12 679 MESA (Mendocino Emergency Sry Auth) 260 Downtown Business Improvement 695 Golf $52,188.08 270 Signalizaton Fund 696 Warehouse/Stores $2,193.58 290 Bridge Fund $2,592.75 697 Billing Enterprise Fund $8,495.74 300 2106 Gas Tax Fund 698 Fixed Asset Fund $1,367.47 301 2107 Gas Tax Fund 699 Special Projects Reserve $14,429.00 303 2105 Gas Tax Fund 800 Electric $762,841.62 310 Special Aviation Fund 805 Street Lighting Fund $9,086.50 315 Airport Capital Improvement $1,300.00 806 Public Benefits Charges $13,093.90 330 1998 STIP Augmentation Fund $415.00 820 Water $76,892.28 332 Federal Emerg. Shelter Grant 840 Special Water Fund (Cap Imp) 333 Comm. Development Block Grant 900 Special Deposit Trust $9,864.45 334 EDBG 94-333 Revolving Loan 910 Worker's Comp. Fund $116,307.15 335 Community Dev. Comm. Fund 920 Liability Fund 340 SB325 Reimbursement Fund $100.93 940 Payroll Posting Fund $176,207.84 341 S.T.P. 950 General Service (Accts Recv) $945.93 342 Trans -Traffic Congest Relief 960 Community Redev. Agency $70,401.91 345 Off -System Roads Fund 962 Redevelopment Housing Fund $13,569.22 410 Conference Center Fund $8,359.67 965 Redevelopment Cap imprv. Fund $27,517.78 550 Lake Mendocino Bond-Int/Red $1,558,176.97 966 Redevelopment Debt Svc. $117,126.06 555 Lake Mendocino Bond -Reserve 975 Russian River Watershed Assoc $9,781.15 575 Garage $3,911.87 976 Mixing Zone Policy JPA PAYROLL CHECK NUMBERS 93890-93943 DIRECT DEPOSIT NUMBERS 41788-71955 PAYROLL PERIOD 4/19/09-5/2/09 PAYROLL CHECK NUMBERS: 94132-94196 DIRECT DEPOSIT NUMBERS 41956-42125 PAYROLL PERIOD 5/3/9-5/16/9 VOID CHECK NUMBERS: NONE TOTAL DEMAND PAYMENTS-A/P CHECKS $3,901,912.89 TOTAL DEMAND PAYMENTS -WIRE TRANSFERS* $0.00 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $628,422.20 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $276,115.93 * VENDOR: KIEWIT PACIFIC (NO PAYMENTS) TOTALPAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager City Clerk CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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Discussion: Pursuant to City policy, it is recommended the City Council reject this claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). Fiscal Impact: ❑ Budgeted FY 08/09 ❑ New Appropriation F—xl Not Applicable ❑ Budget Amendment Required Recommended Action(s): Reject claim for damages received from Mendocino County Employees Retirement Association and refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. Alternative Council Option(s): Alternative action not advised by the City's Risk Manager. Citizens advised: Yes Requested by: Claimant Prepared by: Melody Harris, Risk Manager Coordinated with: Jane Chambers, City Manager Attachments: 1 - Claim of Mendocino County Employees Retirement Assn., pages 1 — 3 Approved:LA---_ Jan hambers, City Manager c � o Y 1h 2008 Q Y. ____ ___®m®® ®File With: City Clerk's Office City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 b tet' lv-CU t r% CLAIM •R MONEYOR DAMAGES AGAINST CITY OF RESERVE FOR FILING STAMP CLAIM NO A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant o person acting on his/her behalf and shall show the following: If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. Name and Post Office address of the Claimant: Name of Claimant: /`/udoee/1a Post Office Address: /JXz 4-141, 2. Post Office address to which the person presenting the claim desires notices to be sent: 4. 5. Name of Addressee: Telephone 7�� Post Office Address: The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: r-�/�j�� Time of Occurrence: Location: LI -5 ell/1 5 4> Zl,-t Circumstances giving rise to this claim: A( Su pD L7�2 eel < the time of me presentation of the claim. d b2, 4011 `-i /b , as it may be known at The name or names of the public employee or employees causing the injury, damage, or loss, if known. Page t of 3 3/2003 Revised 7/2003 6. If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) Limited Civil Case El Unlimited Civil Case You are required to provide the information requested above, plus your signature on page 3 of this form, in order to comply with Government Code §910. In addition, in order to conduct a timely investigation and possible resolution of your claim, the city requests that you answer the following questions. 7. Claimant(s) Social Security Number(s): (optional) 8. Claimant(s) Date(s) of Birth: 9. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: 10. if the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment: If applicable, please attach any medical bills or reports or similar documents supporting your claim. 11. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle MakeNear: Claimant's Drivers Lic."No•: Expiration: If applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 3/2003 Revised 7/2003 READ CAREFULLY For all accident claims, place on following diagram name of /Agency Vehicle; location of /Agency vehicle at time of accident streets, including North, East, South, and West; indicate place of by "A-1" and location of yourself or your vehicle at the time of the accident by "X" and by showing house numbers or distances to accident by "B-1" and the point of impact by "X." street corners. If /Agency Vehicle was involved, designate by letter "A" location of /Agency Vehicle when you first saw it, and by NOTE: If diagrams below do not fit the situation, attach hereto a "B" location of yourself or your vehicle when you first saw proper diagram signed by claimant. SIDEWALK CURB --a PARKWAY SIDEWALK CURB Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP §1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Date: 61eX© Page 3 of 3 3/2003 Revised 7/2003 AM VTR City cJ, - -Zjki: fi ITEM NO.: 7c 61:011111 o June 17, 2009 SUBJECT: NOTIFICATION OF PURCHASE OF CISCO CATALYST 3750E NETWORK SWITCH FROM AT&T DATACOM IN THE AMOUNT OF $7,947.56. Background: The City of Ukiah Police Department is currently building a new Public Safety Dispatch Office. In order to provide connectivity to the City's networks additional ports are required. Discussion: To provide additional capacity a Cisco Catalyst 3750E switch was purchased from AT&T Datacom Services. The purchase was made utilizing the State of California's CALNET II contract in the amount of $7,947.56 from account 678.2040.800.000 (Dispatch). 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 ❑X Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $7,947.56 Dispatch 678.2040.800.000 Recommended Action(s): Notification of purchase of a Cisco Catalyst 3750E network switch from AT&T Datacom, in the amount of $7,947.56, from account 678.2040.800.000. Alternative Council Option(s): N/A Citizens advised: Requested by: Steven Butler, IT Supervisor Prepared by: Steven Butler, IT Supervisor Coordinated with: Chris Dewey, Pubic Safety Director Attachments: Approved: Ja ghambers, City Manager r MEETING 1 m June 17, 2009 SUBJECT: REPORT TO COUNCIL FOR THE PURCHASE OF LASERFICHE SOFTWARE AND MAINTENANCE/SUPPORT FROM ECS IMAGING FOR THE PERIOD OF 6/20/2009 THROUGH 6/19/2010 IN THE AMOUNT OF $5,390.36 Background: The City's document management system was purchased from ECS Imaging in March of 2004 for the purpose of archival and indexing of Council Meeting'and Planning Meeting agendas and minutes. On February 7, 2007 Council authorized the purchase of an update to the City's document management system (DMS) from ECS Imaging, Inc. Laserfiche serves the needs of not only the City Clerk's office but the Document Management System needs of the entire City organization. Discussion: This is a report to Council for the purchase of Laserfiche Software and maintenance/support for the period of 6/20/09 through 6/19/10. Fiscal Impact: F—\/—] Budgeted FY 08/09 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $5,390.36 City Clerk 100.1101.250.000 Recommended Action(s): Receive Report Alternative Council Option(s): N/A Citizens advised: Requested by: Prepared by: Linda C. Brown, City Clerk Coordinated with: Mary Horger, Purchasing Supervisor Attachments: Approved: �. J e Chambers, City Manager ITEM NO.: 7e City aJ_'Z-1k1afz June 17, 2009 SOUNDSUBJECT: REPORT TO THE CITY COUNCIL REGARDING PAYMENT TO CITY Of- • - • . THESOUND EQUIPMENT SOUNDaN SERVICES FOR THE 2009 SUNDAYS IN THE PARK CO •- • • OF 0 SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding payment to City of Light Sound and Recording for the sound equipment and sound technician services for the 2009 Sundays in the Park Concert Series in the amount of $9,600. Contract is attached for review. The pricing includes $1,400 per show for equipment and technician with an additional $200 per show for a loading and unloading fee. The Sundays in the Parks Concert Series requires a high level of -professional sound equipment and sound management. City of Light continues to provide excellent service and contribute to the success of the series. The event is funded entirely by private sponsorship, and the funds are held in a trust account (900.205.226) that the City manages. Fiscal Impact: ® Budgeted FY 08/09 17 New Appropriation Not Applicable F� Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $9,600* Sundays in the Park 900.205.226 N/A *funded entirely by private sponsorships Kecommencled Action(s): 1. Receive report regarding payment to City of Light Sound and Recording for the sound equipment and sound technician services for the 2009 Sundays in the Park Concert Series in the amount of $9,600. Alternative council Option(s): N/A Vitizens advised: NIA Requested by: N/A Prepared by: Sage Sangiacomo, Directory of Community Services and General Services, Katie Merz, Community Services Supervisor Coordinated with: N/A Attachments: Draft 2009 Contract for City of Light Recording and Sound Approved: 6 �_ Ja hambers, City Manager Attachment #1 This contract is for the services of Keith Gaudette at City of Light Sound (COL) and Recording and The City of Ukiah for the 2009 Ukiah Sundays in the Park Concert Series. City of Light agrees to provide sound reinforcement, monitoring desk, load in and out for the concerts at Todd Grove Park in Ukiah and the appropriate staff to ensure a quality event. The City of Ukiah contracts COL for the following concert dates: June 14 Charlie Musslewite $1,400.00 June 28 Tom Rigney $1,400.00 July 12 Sambaguru $1,400.00 July 26 Bumpus $1,400.00 August 2 John Mattern $1,400.00 August 16 Coco Montoya $1,400.00 Total: $8,400.00 Load in for great is for 12:OOpm each day, or earlier depending on the sound requirements of the act with the band load in at 3:OOpm ad the sound check is from 4-5:30pm. ALL SOUND CHECKS ARE TO BE COMPLETED BY 5:30pm AT EACH CONCERT. Concerts will begin at 6:OOpm sharp. COL will possibly act as the second on mixing in case the band comes with their own sound man. Detail will be forthcoming. If requested by the City, additional load in / load out services may be provided by COL for the concerts. For load in / load out COL will provide two people, for a maximum of five hours per concert, to be paid by the COL and invoiced separately from the services quoted above to the City of Ukiah. The rate for load in / load out is a maximum of $200 per show; a total not to exceed $1,200 for the season. COL will also abide by the guidelines set out in each tech rider provided by each band. In the event that a band has requests that can not be furnished with the equipment or sound services provided by COL the City will make sufficient arrangements for the band. Additionally, the City may request that COL provide specialty equipment or sound services for a band and therefore pay COL for any additional costs. All additional costs will be agreed upon in advance, COL will pay for those costs and invoice the City. City of Ukiah will provide ample electrical requirement for each concert. Payments will be made on the day of each concert. City Manager, City of Ukiah Date Keith Gaudette, City of Light Date ITEM O.: 7f June 17, 2009 ;;,UBJECT: REPORT TO THE CITY COUNCIL REGARDIWG_THE PURCHASE OF SERVICES FORPRINTING THE OF 00•SUMMER RECREATION GUIDE IN THE AMOUNT OF , Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the payment for the print production of the 2009 City of Ukiah Summer Recreation Guide in the amount of $5,764.91 to Wesco Graphics. This expenditure is offset by the revenue from ad sales and recreation classes. The purchase was budgeted and charged to the 100.6120.690.001 account (Cost of Brochures). The Summer Recreation Guide was a 48 page production including 8 pages of color on the interior and a full color 4 page cover. Bids for these services are acquired approximately once per year. However, price variations between guides can be attributed to a number of items such as weight of the paper, number of pages, ink color and graphic set-up. Wesco Graphics is consistently the low bidder in all categories. The options listed below represent various print options utilized during the bidding process and vary accordingly to the scope of services specified in the Request for Proposals (RFP). More information regarding each option and the RFP is available upon request. Bid Results Option 1 Option 2 Option 1 Option 2 Fricke -Parks Press $5,570 44pgs $5,943 44pgs $5,920 56pgs $6,293 56pgs Powerhouse Multimedia $7,675 40-50pgs $7,675 40-50pgs $7,975 40-50pgs $7,975 40-50pgs WESCO Graphics $5,257 48pgs $5,627 48pgs $5,589 56pgs $5,980 56pgs Fiscal Impact: ® Budgeted FY 08/09 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $5,764.91 Recreation, Class Guide 100.6120.690.001 N/A Kecommended Action(s): 1. Receive report regarding the purchase of services from Wesco Graphics for the print production of the 2009 City of Ukiah Summer Recreation Guide in the amount of $5,764.91. Alternative Council Option(s): N/A citizens advised: N/A Requested by: N/A Prepared by: Katie Merz, Community Services Supervisor Coordinated with: Sage Sangiacomo, Director of Community Services and General Services, and Mary Horger, Purchasing Supervisor Attachments: NIA Approved: � �� y Jany/Chambers, City Manager ITEM NO.: Ipp� MEETING DA - 17, 2009 City AGENDA SUMMARY REP.ORT SUBJECT: AUTHORIZE CITY MANAGER TO NEGOTIATE AND SIGN A THREE-YEAR AUDIT SERVICES CONTRACT EXTENSION WITH DAVIS HAMMON & CO., CPA'S FOR A TOTAL FIRST YEAR CONTRACT COST NOT TO EXCEED $32,910. Background: On March 2, 2006, a Request for Proposals was issued for Audit Services beginning with the FY 2005-06 Financial Statements. The RFP specified a three-year contract with options for two three-year extensions. From the 19 RFP's sent to CPA firms who had previously asked to be included on the bid list, were recommended by finance staff from other cities or were known to staff, four firms submitted proposals The proposals were evaluated and, while all firms met the City's requirements, there were significant differences in the level of expertise, work hours scheduled and cost. The two highest bids averaged 39% more than the two lowest. The lowest bidder at $28,500, C.G. Uhlenberg planned to complete the audit using only 185 billable hours and would guarantee that "not more than one first-year staff would be assigned". Staff was concerned that the proposal included only half the hours currently spent on the audit by a firm on a new account. Staff recommended acceptance of Davis Hammon & Co. which was our current audit firm. Their proposal was one of the two lowest bids, they specified that all work would be done by their senior staff and included more than double the labor hours of the lowest bidder. . At the Council Meeting of May 17, 2006, the Council voted to authorize the City Manager to negotiate and sign a three year audit services contract with Davis Hammon & Co., CPA's. Discussion: The Independent Auditors work directly for the City Council "helping to preserve the integrity of the public finance functions and maintaining the citizens' confidence in their elected leaders" in the words of the Government Finance Officers Association Recommended Practice on the subject. Davis Hammon & Co. has demonstrated their ability to "perform a quality audit" which was the first criteria used for evaluating an independent audit firm. Their current proposal has no changes either in the number of work hours or the use of senior staff to complete the work. Mr. Steve Herr, a shareholder in Davis Continued on Paae 2 Recommended Action(s): Authorize City Manager to negotiate and sign a three-year Audit Services Contract extension with Davis Hammon & Co., CPA's for a total first year contract cost not to exceed $32,910. Alternative Council Option(s): Direct Staff to prepare and issue an RFP for Audit Services. Citizens advised: N/A Requested by: Gordon Elton Prepared by: Leigh Halvorsen Coordinated with: City Manager Attachments: Enaaaement Letter Approved: Ja hambers, City Manager Subject: Proposed Contract Extension with Davis Hammon CPA's Meeting Date: June 17, 2009 Page 2 of 2 Hammon & Co., CPA's would continue to be in charge of the audit. Staff has worked directly with Mr. Herr and found him to be personable, knowledgeable and conscientious. The option for two three-year extensions was included in the RFP and original proposal and recommended by Staff but was not included in the motion of May 17, 2006. After careful review, the staff recommends that the Council accept the proposal from Davis Hammon & Co., CPA's with the first year amount of $32,910 ($34,060 and $35,210 for the second and third years, respectively) and authorize the City Manager to negotiate and sign a contract exercising a three-year option for Audit Services Fiscal Impact: Budgeted FY 09/10 F] New Appropriation Amount Budgeted Source of Funds (title and #) $24,960.00 General Fund -Finance $ 1,940.00 General Fund -Streets $ 410.00 Sewer - UVSD $ 390.00 Liability Insurance $ 5,210.00 RDA Housing Not Applicable 7 Budget Amendment Required Account Number Addit. Appropriation Requested 100.1301.250 100.3110.250 641.7402.250 920.1990.250 960.5601.250 Budgeted amounts as included with the proposed FY2009/2010 Budget DAWS HUMON & CO. Certified Public Accountants May 14, 2009 Gordon Elton Finance Director City of Ukiah 300 Seminary Avenue Ukiah, -CA 95482 Dear Gordon: Davis W. Hammon, Jr., CPA (1924-1969) Stephen B. Norman, CPA • PFS Stephen J. Herr, CPA Kerry A. Webber, CPA James L. Duckett, CPA Thank you and the City Council for the opportunity tocontinue to provide professional audit services for the City of Ukiah and the Ukiah Redevelopment Agency. I have prepared the enclosed audit engagement letter, City and RDA, for your consideration and signature. After reviewing, please retain one (1) copy of the letter for your records and return the other to me in the envelope provided. I have included language for performing the MCOG audit within the letter. If you have any questions, or need additional information, please give me a call. I look forward to working with you, Leigh, and the City's staff again this year. Sincerely, DAVIS HAMMON & CO. Enclosure MEMBERS: AMERICAN INSTITUTE AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS 2080 Myers Street, Oroville, CA 95966-5341 (530) 533-3392 FAX (530) 5334114 2 1 "'1 t i :til May 14; 2009 Honorable Mayor and City Council Members of the City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Ladies and Gentlemen: Davis W. Hammon, Jr., CPA (1924-1989) Stephen B. Norman, CPA • PFS Stephen J. Herr, CPA Kerry A. Webber, CPA James L. Duckett, CPA We are pleased to confirm our understanding of the services we are to provide to the City of Ukiah and Ukiah Redevelopment Agency for the year ended June 30, 2009, and subsequent two years ending June 30, 2010 and 2011. We will audit the financial statements of the governmental - activities, the business type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the entity's basic financial statements, of the City of Ukiah and Ukiah Redevelopment Agency as of and for the fiscal year ended June 30, 2009, and subsequent two years ending June 30, 2010 and 2011. The following supplementary information accompanying the basic financial statements is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not .be audited: Management's discussion and analysis. a Budgetary comparison schedules. Supplementary pension schedules. Also, the following additional information accompanying the basic financial statements will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the. basic financial statements: Schedule of expenditures of federal awards. In accordance with Public Utilities Code 99245, we will conduct a fiscal and compliance audit of the City's MCOG funds for the purpose of rendering an opinion on the City of Ukiah's compliance with the Transportation Development Act of the State of California. The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness 'of the additional information referred to in the first paragraph when considered. in relation to the basic financial statements taken as a whole. The, objective also includes reporting on: MEMBERS: AMERICAN INSTITUTE AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS 2080 Myers Street, Orovllle, CA 95966-5341 (530) 533-3392 FAX (530) 533-2714 st1CO. Certified Public Accountants • Internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, and grants, noncompliance with which could have a material effect on the financial statements in accordance with Govemmental Auditing Standards. • internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with -the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and kion -Profit Organizations. The reports on internal control and compliance will each include.a statement that the report is intended for the information of the City Council, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Govemment Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-133, and will include tests of the accounting records, a determination of major program(s) in accordance with Circular A-1 33, and other procedures we consider necessary to enable us to express such opinions and to render the required reports. If our opinions on the financial statements or the Single Audit compliance opinions are other than unqualified, we will fully discuss the reasons with you In advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue a report as a result of this engagement. Management ResponsibIlMes Management is responsible for establishing and maintaining effective internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. in fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizzations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us, including any significant vendor relationships in which the vendor has responsibility for program compliance. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to VANS HAMMON & CO. CartMed Public Accountants the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken, as a whole. You are responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City of Ukiah and Ukiah Redevelopment Agency and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles. You are responsible for the design and implementation of programs and controls to prevent and detect fraud and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud, suspected fraud, or illegal acts ' affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, Illegal acts, violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by OMS Circular A-133, it is management's responsibility to follow-up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action pian. As .part of the audit, we will prepare a draft of your financial statements, schedule of expenditures of federal awards, and related notes. In accordance with Government Audifing Standards, you will be required to review and approve. those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management -level individual to be responsible and accountable for overseeing our seances. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures In the financial statements; .therefore, our audit will involve judgment about the number of transactions examined and theareasto be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (a) errors, (b) fraudulent financial reporting, (c) misappropriation of assets, or (d) violations of laws or governmental regulations that are .attributable to the entity or to acts by management or employees on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect the auditor to provide reasonable assurance of detecting abuse. As required by the Single Audit Act Amendments of 1996 and LIMB Circular A-133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. O CartiSed Public Accountants Because an audit is designed to provide reasonable, but not absolute assurance and because we will- not perform a detailed examination of all transactions, there is a risk that material misstatements .or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations -that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audits and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of this engagement. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. In planning and performing our audit, we will consider the internal control sufficient to plan the audit in .order to determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinions on the City of Ukiah's and Ukiah Redevelopment Agency's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design. of relevant controls and whether they have been placed in operation, and will assess control risk. Tests of controls may be performed to test the effectiveness of ' certain controls that we considered relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Test of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, If performed, will be less in scope than would be necessary to render an opinion on the internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMS Circular. A-133, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-1.33. An audit is: not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to . management and those charged. with governance internal control related matters that are required to be communicated D CO. Certified Public Accountants under AICPA professional standards, Govemment Auditing Standards, and OMB Circular A- 133. 133. Audit Procedures — Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free from material misstatement, we will perform tests of the City of Uldah's and Ukiah Redevelopment Agency's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall. compliance and we will not express such an opinion in our report on compliance issued pursuant to Govemment Auditing Standards. OMB A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has compiled with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Ukiah's major programs. The purpose of those procedures will be to express an opinion on the City of Ukiah's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-1 33. Audit Administration, Fees, and Other At the conclusion of the engagement, we will complete the appropriate sections of and.sign the Data Collection. Form that summarizes our audit findings. We will provide copies of our reports to the City of Ukiah. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan — when applicable) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the, property of Davis Hammon & Co. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit- documentation available to the Office of the Controller of the State of Califomia or its designee, a federal agency providing direct or indirect funding, or the U.S. General Accounting Office for the purposes of a quality review of the audit, to resolve findings, or to carry out oversight responsibilities. We will notify you of any such request: if requested, access to such audit documentation will be provided under the supervision of Davis Hammon & Co. personnel. Furthermore, upon request, we may provide photocopies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the photocopies or information contained therein to others, including other government agencies. DAWS ii CO. Certified Public Accountants The audit documentation for this engagement will be retained for a minimum of five (5) years after the date of the auditors' report is issued or for any additional period requested by the Office of the Controller of the State of California. If we are aware that a federal awarding agency, pass through entity, or auditee is contesting an audit finding, we will contact the party(les) contesting the audit finding for guidance prior to destroying the audit documentation. We expect will begin the audit in June, 2009. The preliminary and interim audit work will take approximately five days to complete. We will begin final audit work in August or September, and anticipate completion of fieldwork by October 31, 2009. Barring any unforeseen circumstances, we will prepare and issue 17 copies of the audit report and management recommendations, if applicable, by December 31, 2005. Any or all of the above time frames can be changed to better coordinate our fieldwork with the. desires of City staff. The City may request our firm to perform financial analysis, accouriiing, and auditing services in addition to those that are usual and customary in making an examination of the financial statements. if so, our firm shall be compensated for any such services performed, which are authorized, at our standard rates. However, if such additional services require the expertise of consultants, auditors and the City may negotiate separate rates and estimated fees for the work contemplated. Our fee for audit services will be at our regular hourly rates, plus out-of-pocket expenses. However, our fees will not exceed the amounts set forth below. $32,910 * = Fee only applicable In years requiring TDA related audit. The maximum annual fees stipulated above contemplate that conditions satisfactory to the normal progress and completion of the examination will be encountered and that the City's accounting personnel will.fumish necessary accounting records, documents, minutes and legal rulings for auditors' inspection. However, if unusual circumstances are encountered which would make it necessary for us to do additional work; we shall report such conditions immediately to the responsibie :City officials and both parties may negotiate such additional compensation as appears justified. Total Annual Fee 2009 2010 2011 General City Audit $23,300 $24,100 $24,900 Ukiah RedevelopmentAgency 4,550 4,710 4,870 MCOG TDA Audit* 800 850 900 City of Ukiah - State Controller's Report 1,660 1,720 1,780 Ukiah Redevelopment Agency - State Controller's Report 660 680 700 Ukiah Valley Sanitation District - State Controller's Report 410 420 430 Annual Streets Report- Gas Tax Funds 1,140 1,180 1,220 Annual REMIF liability report 390 400 410 $32,910 * = Fee only applicable In years requiring TDA related audit. The maximum annual fees stipulated above contemplate that conditions satisfactory to the normal progress and completion of the examination will be encountered and that the City's accounting personnel will.fumish necessary accounting records, documents, minutes and legal rulings for auditors' inspection. However, if unusual circumstances are encountered which would make it necessary for us to do additional work; we shall report such conditions immediately to the responsibie :City officials and both parties may negotiate such additional compensation as appears justified. ACO. Certifled Public Accountants We will be available throughout' the year to consult with you on the accounting effects of any proposed transactions or. contemplated changes in business policies. Our key personnel will usually be available, with 24 hours notice, for consultation. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our August 31, 2006 peer review report accompanies this letter. Mr. Stephen J. Herr is authorized to. make presentations for Davis Hammon & Co. Mr. Herr is a shareholder of Davis Hammon & Co. and can be reached at 2080 Myers Street, Orovilie, California 95966, telephone (530) 533-3392. Mr. Hen- is authorized to sign this proposal and is authorized to bind Davis Hammon & Co. without exception. We appreciate the opportunity to be of continued service to the City of Ukiah and Ukiah Redevelopment Agency and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us. 0, • ,fir fir. phen Herr, CPA t RESPONSE: This letter correctly sets forth the understanding of the City of Ukiah and Ukiah Redevelopment Agency: By: Title: Date: -TXFMD PUB.LXC ACCOUNTANT 910 W. Wood Street Phone: 530-934-8841 Willows, CA 95988 Fax: 530-934-8849 To the Shareholders, January 15, 2007 Davis Hammon and Company, Certified Public Accountants I have reviewed the system of quality control for the accounting and auditing practice of Davis Hammon and Company, Certified Public Accountants (the firm), in effect for the year ended August 31, 2006. A system of quality control encompasses the firm's organizational structure, the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The firm is responsible for designing a system of quality control and complying with it to provide the firm reasonable assurance of conforming with professional standards in all material respects. My responsibility is to express an opinion on the design of the system of quality control and the firm's compliance with its system of quality control based on my review. My review was conducted in accordance with standards established by the Peer Review Board of the AICPA. During my review, I read required representations from the firm, interviewed firm personnel and obtained an understanding of the nature of the firm's accounting and auditing practice, and the design of the firm's system of quality controls sufficient to assess the risks implicit in its practice. Based on my assessments, I selected engagements and administrative files to test for conformity with professional standards and compliance with the firm's system of quality control. The engagements selected represented a reasonable cross-section of the firm's accounting and. auditing practice with emphasis on higher -risk engagements. The engagements selected included among others engagements performed under Government AuditIng Standards. Prior to concluding the review, I reassessed the adequacy of the scope of the peer review procedures and met with firm management to discuss the results of my review. I believe that the procedures I performed provide a reasonable basis for my opinion. In performing my review, I obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, I tested compliance with the firm's quality control policies and procedures to the extent I considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. My review was based on selective tests; therefore it would not necessarily detect all weaknesses in the system of quality control or all instances of noncompliance with it. There are inherent limitations in the effectiveness of any system of quality control and therefore noncompliance with the system of quality control may occur and not be detected. Projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies and procedures may deteriorate. In my opinion, the : system of quality .control for the accounting and auditing practice of Davis Hammon and Company, Certified Public Accountants, in effect for the year ended August .31, 2006, has been designed to meet the requirements at the quality control standards fox' an accounting and auditing. practice established by the AICPA and was complied with during the year then ended to provide the firm with *reasonable assurance of conforming with professional standards. Ray R. Seiler, CPA ITEM NO.: 7h City o_f rZ ki: afi June 17, 2009 ! 1 1=1 14 =MW Rall 1114 • • .141 1 . ... • . • ' :' Summary: Staff is requesting Council's approval of the plans and specifications (09-11) for the replacement of 120 electric utility poles. Upon approval of the plans and specifications, bids will be solicited and will be returned to council for award of the project. Background: In fiscal year (FY) 2000/01, the Electric Utility Department contracted with OSMOSE Corporation to perform a pole assessment of approximately 1000 electric utility poles for structural integrity. The pole assessment included visual, mechanical and core bore testing below and above ground level. The test results identified 156 poles for replacement. Presently, 120 poles remain in the system. A Key Map is provided to identify the approximate locations of poles to be replaced. This proposed project would replace the remaining 120 poles. Funding for the project is included in the current FY 08/09 budget for Contractual Services and materials in the amount of $500,000.00. Materials for this project will be competitively purchased by the City and issued to the contractor during construction. Project construction is scheduled for completion in the fall of 2009. The bid opening is scheduled for July 24, 2009. The plans and specifications for the Distribution Pole Replacement are available for City Council and public review at the Ukiah Civic Center Department, 300 Seminary Avenue, Ukiah, California. Fiscal Impact: I " I Budgeted FY 08/09 Recommended Action(s): New Appropriation F-1 Not Applicable F� Budget Amendment Required 1. Adopt plans and specifications for the replacement of 120 electric utility poles and approve advertisement for bids, Spec. No. 08-09. 2. Approve advertisement for bids. Alternative Council Option(s): N/A Citizens advised: n/a Requested by: Mel Grandi, Director of Electric Utility Prepared by: Cindy Sauers, Temporary Electrical Engineer Coordinated with: Jane Chambers, City Manager Attachments: 1 — Kev Mao Approved: �1� Y,,. e,� Ja�i/� hambers, City Manager ITEM NO.: 7i MEETING DATE: 6/17/2009 SUBJECT: UPDATE REPORT ON O . DECLARATION AND WATER SHORTAGE STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code 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. (Attachment #1) 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. As a result of the drought, the City Council has considered many different aspects of the water shortage issue. Under Council's direction, staff has implementation a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. On June 2, 2009, City staff attended the regularly scheduled meeting of the Board of Supervisors. At this meeting the Count staff proposed the extension of the County's resolution declaring a Water Emergency. The resolution includes the state of all of the water agencies and the dates in which they declared similar emergency resolutions. A draft of this resolution is included. (Attachment 3). County Staff has indicated that they have drafted another emergency resolution that would require all water agencies in the Ukiah Valley to reduce their Russian River draw by 50%. This would greatly impact the City's water supply. County Council and County Staff estimate that the City will be able to review this draft in late June or early July. 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): N/A Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: City Manager Attachments: Attachment 1 — Resolution Attachment 2 — Letter to SCWA Attachment 3 — County of Mendocino resolution adopted June 2, 2009 Approved: Jane Chambers, City Manager AnA=EmT--L RESOLUTION NO. 200.9-17 RESOLUTION OF THE Cffy COUNCIL OF THY, CITY OF UEJAH DECLARING A LOCAL EMERGENCY PURSUANT To TM EMERGENCY SERVICES ACT AND A STAGE I WATER EYJERGr,,NCy UNDF OF THE UlaAH CITY CODE R SECTION 3602 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 ran -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 94,448 acre feet, the Lake storage in April 2()07 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. Mendocind 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 (;'SVrRCB,,) has approved an Urgency Change Petition fled by the Sonoma County Water Agency (`'SC Y A,) to reduce in-strearn flows in the Russian River to 75 ofs from April 6 -June 30, 2009 and to as low as 25 ch for the period July I-October2,2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April I -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 ronditions- including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB �R 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 t1je expiration of this older (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 Ifillits Of the City caused by such conditions as drought vvhich are or are lflcely 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 CityCDU Onil may promulgatea e S and regulations for the duration of the emergency to Provide protection ion for life and property (see orders 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 ofthe Ulciall 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 Il and IH water emergencies impose various mandatory conservation on City residents, including a prohibition on "nonessential water use,, in a Stage Il water measures emergency and a limit an the daily use of water by different classes Of water user in a Stage III emergency; and P) 90. The City can declare a Stage 11 or Stage 11 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, TEMIZEFORE, BE, IT RESOLVE, D that the City Council 6f the City dal of Ul i 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 tile 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 CConservation Period"), and to report back to the City Council at each Cit yCouncil meeting held 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 not* 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 Il or III emergency, ifnecessary 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 11 or IH 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 Coufity, 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 locail 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 A13SENT. None ATTES; L' d p,PiiTI—Cleric MIA. 2201701, WOMEN.,!, A W ;9M. April 28, 2009 0 Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rose, CA 95406 Dear Ms. Florey; ATTAMNT—:=7_ This letter is written in response to Your letter dated April 17, 2009. 1 do not know when your letter was received by the City of Ukiab, but it arrived at our water treatment plant rather than in my office at City Ball. 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 at overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April tluough 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 conunitment 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 teclulical 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 A. The Ranney and Well -413 draw water,from an alluvial zone along the Russian River. The pumping capacity of both the Razuey 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 44, 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 96482-5400 Phone#7071463-5200 Fax? 7071463.6204 Web Address: mm.ellyofultish.com Whitney, Deputy Director for Water -Rights for the State of California Water Resources Control Board, dated February 2f, 2009, in which the City was advised that "there will not be sufficient surface water available during the year for those who hold water permits, licenses, and registrations issued by the State Water Board,` and that the city should look into acquiring a fitin alternative source of water. The City Council acted to recognize that emergency conditions existed with regard to the availability of water for residents of the City of Ukiah, and with regard to the construction of a well. It passed a resolution on March 4, 2009 to have a well developed under emergency conditions related to public project bid procedures.. This well is ]mown as the Gobbi Street WgIl. It is currently under construction. As ofthis writing, the City's water use demand is being met by its current well resources. However, if there is no water available from the Russian River for the summer Months- the City's Only drinking water source would be Well 94. This well can only provide I MGD. The City would be forced to declare a Stage a water emergency under its current ordinance. Stage 3 restricts water use to 50 gallons per permanent resident and prohibits all irrigation. Should the Gobbi Street Well be completed and functional for summer use, the City will use that resource to avoid the severe property damage and financial impacts to both its users and the water utility that would be experienced under a Stage 3 ) declaration. The City Council of Ukiah adopted a water shortage emergency declaration on April 15, 2009. This declaration allows the City Council to institute a number of measures to meet water conservation efforts short of instituting a fall Stage 2 declaration wider the City's current drought ordinance. This means that turf watering could be restricted, or.. if unavoidable, eliminated altogether. Irrigation of other types of landscaping could be restricted to drip irrigation, for example, or subject to other restrictions. The Council has instructed city staffto achieve turf watering restrictions for the largest irrigation customers of the water utility, namely, the City of Ukiall parks, County of Mendocino, Uldall Unified School District. Russian River Cemetery District, and the 12'h District Agriculture Association .Fairgrounds. That effort is in progress. The City has had in place alternate watering days for outside irrigation, and will enforce this measure for the summer high water use months. The City has engaged a consultant to conduct a water rate study. This study will include new water rates to increase incentives for water use conservation, over those already iii.place. It will also provide for revenues to address times of severely restricted water use, such as that faced by the utility for this summer, 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. Fundhig 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 surflice 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 die order implemented: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow resirictor and possible fine 5. Shutoff and reconnection fee The City will identify -water wasterstlirougli 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, Jane A. Chambers City Manager Attachments: 1. City of Ukiah Water Use - 2. City of Ukiah Water Conservation Program 2009 3 RESOLUTION NO. 09- RESOLUTION OF THE MENDOCINO COUNTY BOARD 0FSUPERVISORS AMENDING THE ORIGINAL � RESOLUTION AND EXTENDINGEXTENDINGTHE EXISTENCE OFALOCAL EMERGENCY IN MENDOCINO COUNTY DUE TO DROUGHT CONDITIONS WHEREAS, Section 8830, Article 14 of the California Emergency Services Act requires that theC,~.� of Mendocino Board of Supervisors review, at least every 14 days until such local emergency is terminated, the need for continuing the local emergency; and Mendocino County ionow |nits third consecutive year ofdrought; and Lake Mendocinostorage remains at on =�`--~~~^~~~ '~= �v�` �d drought�conditions and water UnKsdonn have become �o in this third year of creating ernoq]enoycoOdb�neMK4$ndodno<�ounty|and - --- WHEREAS, on Oaoenlbor 11, 2007 the Redwood Valley County Water District Board of Directors declared aVVete[ Shortage Emergency due to |ooh of adequate rainfall, and that lack of adequate rainfall has continued through the winter of2O]8'2OOS|and WHEREAS, in response to continuing drought conditions, on March 3,200'9the Mendocino County Board of Supervisors and the Mendocino { 'Voter Agency Board of-irectors adopted concur O44 to conserve the County's water supplies |n anticipation of continuing drought Raao|ut{oO No. 09 Ma/t conditions; and WHEREAS, onApril 15.2OOSthe City of Ukiah City Councildeclared eLocal Emergency under the State Emergency 8en//cea Act and aGtage I VVste[ Shortage Emergency under Section OGOQ of the Ukiah []dxCode; and � - WHEREAS, nnApril 1G 2^DDBthe Redwood VaU ^C--'�Water District Board "' Directors declared that the December 11.2DO7enoge ~' `~~ still in effect, and that «would be necessary to increase the of conservation to Tier 4 of Redwood Valley County yVe�er District's Ordinance number 1 with 50 percent mandatory conoen/��ioneffective N1oy15. OOB;an` ' WHEREAS, the drought conditions impactinLake Mendocino water storage are ~=x="=/bctd w-y~ the2OD4 Potter Valley Federal Energy Regulatory Commission Decision mooth'ct|nQ --ter diversions from theEe| River tothe Russian River by an average of 35 percent, as well as Water Right OmchekJn 1610 ~~"Qovonno stream flowreleases from Lake Mendocino and mandates unnecessarily high stream flow releases that National Marine Fisheries 8an/|ce has concluded greatly limit the quantity and quality of juvenile salmon and stoeUlgadhabitat inthe Russian River; and VVHEREAG, due to drought conditions and the aforementioned regulatory constraints,it is unlikelythsd Lake Mendocino storage, the principal source ofwater for much of Mendocino[; County and the sole source of water for RedwoodRedwood\/aUeV will be adequate to meet the essential water supplyneedo of the CountV'ores/dentgth|sau[nnmarand-fall; and WHEREAS, it is projectedthat Lake Mendocino will -beeffectively dcecderod by the end ofJuly unless there aro hlcnaoeed diversions into or /mmecU-da reductions in mandated releases from Lake Mendocino; WHEREAS, Mendocino County recently endured one of its worst fire seasons in history and the continuing drought conditions increase the risk of devastating mu� ng �rea and [educed water r aupp|/es for fire WHEREAS, the adverse environmental, economic, and social Impacts of the drought pose an imminent threat of disaster and threaten to cause Widespread harm to people,businesses, --� oor�rnun0ea.VN|d/�eand recreation inK8endooinoCounty; and ne�o�a' property, WHEREAS, on March 24, 2009, the Board of Supervisors adopted Resolution No. 09-069, declaring a local emergency and imminent threat of disaster in Mendocino County due to drought conditions, the Board has reviewed the need to continue the existence of a local emergency. WHEREAS, the Mendocino County Water Agency are subject matter experts and provide leadership for compilation of statistics and required documentation relative to drought conditions in Mendocino County; and WHEREAS, the Office of Emergency services will coordinate as required by Section 8630, Article 14 of the California Emergency Services Act, the 14 day extension/review for the continuation by resolution of local emergency, until the Mendocino County Water Agency General Manager Roland Sanford, instructs Office of Emergency Services to initiate the process to terminate said emergency, and NOW, THEREFORE, BE IT RESOLVED that the Mendocino County Board of Supervisors requests assistance from the State of California, from all relevant State agencies, including but not limited to, the Office of Emergency Services, the Department of Water Resources, the State Water Resources Control Board, the Department of General Services, the Department of Public Health and the Department of Food and Agriculture, with such assistance to include, but not be limited to, the provision of technical and financial assistance, surplus equipment, and regulatory relief to assist in mitigating or averting the impacts of the drought emergency by increasing water supply and availability, reducing mandated water releases, facilitating water transfers and emergency intertie connections, and all other necessary and appropriate actions to mitigate or relieve the drought emergency, and BE IT FURTHER RESOLVED that the Mendocino County Board of Supervisors requests that a Federal declaration of emergency be declared for Mendocino County and further requests that Federal assistance be made available from all relevant Federal agencies, including, but not limited to the Department of Agriculture, the Department of the Interior and the Federal Drought Action Team. BE IT FURTHER RESOLVED that the Mendocino County Board of Supervisors declares that a local emergency and imminent threat of disaster exists in Mendocino County due to drought conditions and hereby proclaims the extension of the period of local emergency for 14 additional days unless sooner terminated. The foregoing Resolution introduced by Supervisor, seconded by Supervisor and carried this day of , 2009, by the following vote: AYES: NOES: ABSENT: WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED. JOHN PINCHES, Chair ATTEST: KRISTI FURMAN Mendocino County Board of Supervisors Clerk of the Board Deputy APPROVED AS TO FORM: JEANINE B. NADEL, County Counsel I hereby certify that according to the provisions of Government Code Section 25103, delivery of this document has been made. BY: KRISTI FURMAN Clerk of the Board Deputy wr,. DA AGENDA SUMMARY REPORT 7j June 17, 2009 • � :•• a �- � � •, ��, The City's Wastewater Treatment Plant requires 600 tons of fractured %" minus aggregate for their routine levee maintenance. This particular aggregate is ideal for this*application due to its ability to lock together and stay in place. "Crusher run" or "road base", which are too dirty, or "river rock", which is too rounded, would not work well. Request for bids were sent to thirteen (13) companies. Three responsive bids were received. The following is a summary of the bid results: Total Bid S -Bar -S Quarry $12,294.00 I -Roc Landscaping Mat'Is $14,724.17 Gregg Simpson Trucking $17,616.00 It is Staff's recommendation that this purchase be awarded to S -Bar -S Quarry out of Santa Rosa in the amount of $12,294.00. This purchase will be charged to and funds are available in fund 612.3580.250.005, Wastewater Treatment Plant, Contractual Service, Perc Pond Levee Maintenance/Repair. Fiscal Impact: _ Budgeted FY 08/09 1-1NewAppropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Add'I Appropriation $55,000.00 WWTP Contractual Services 612.3580.250.005 N/A Recommended Action(s): Award the purchase of 600 tons of fractured 3/4" minus aggregate to S -Bar -S Quarry in the amount of $12,294.00. Alternative Council Option(s): Reject bids and provide direction to Staff. Citizens advised: NIA Requested by: Tim Eriksen, Director of Public Works Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager Attachments: N/A Approved: J Chambers, City Manager city aJ_'tk�afr ATA' MIUVO 0 . e June 17, 2009 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF OAK MANOR DRIVE WATER WELL 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 Oak Manor Drive in Oak Manor Park to the east of the tennis courts. 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, 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, and 4) both the State Water Resources Control Board staff and the Sonoma County Water Agency staff expect the in -stream flows in the Upper Russian River to be reduced from 75 cubic feet per second (cfs) to 25 cfs on July 1, 2009. At this severely reduced flow, it is not known how much, if any, water will be available from the Ranney collector well or Well #3. Continued on Paae 2 Recommended Action(s): Receive the report. 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: rChambers, City Manager The drilling contractor, Zim Industries, set the conductor casing on May 27, 2009 and completed mobilizing equipment on site on May 31St and the rigging on June 2nd. Zim completed the centering operation and began drilling the 18 -inch diameter pilot hole on June Td. The tentative date to have the Oak Manor Drive Well completed and available for use is the first week in August 2009. EETING DATE: June 17, 2009 city of ,uktah SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF GOBBI STREET WATER WELL 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 motor, pump and motor control center for the Gobbi St. Well have been ordered. The Request for Bid for construction of the pump house and related equipment and connections has been issued and bids are due on June 18th. Recommended Action(s): Receive the report. 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 �.MEETING DATE. 9a June 17, 2009 SUBJECT: REVIEW AND ACTION ON SKATE PARK SITE DEVELOPMENT PERMIT — LOW GAP PARK SITE SUMMARY: The City Community Services Department, Skate Park Committee and other interested parties have completed the planning and design for a skate park facility at Low Gap Park. A Site Development Permit application was filed with the Department of Planning and Community Development for Staff, community, and Planning Commission review. Planning Staff prepared a Mitigated Negative Declaration to analyze potential environmental impacts and comply with the requirements of the California Environmental Quality Act. The document was shared with interested parties„ and the project was scheduled for consideration by the Planning Commission. On May 13, 2009, the Planning Commission conducted a public hearing and voted unanimously to recommend City Council approval of the Mitigated Negative Declaration and Site Development Permit. This Agenda Item is intended to present the project to the City Council for review and action. PROJECT DESCRIPTION AND ISSUES: The attached Planning Commission Staff Report describes the proposed skate park facility and project issues, and includes a site plan, diagrams, and photographs illustrating the proposal and the proposed project site. The recommended Mitigated Negative Declaration and Response to Comments Documents are also attached for City Council review. (Continued on Page 2) Fiscal Impact: Budgeted FY 08/09 F-1New Appropriation ® Not Applicable Budget Amendment Required Recommended Action(s): 1) Conduct a public hearing; 2) Consider the Planning Commission's recommendation to approve the Mitigated Negative Declaration and Site Development Permit; and 3) Approve the Mitigated Negative Declaration and Site Development Permit based on the findings and subject to the conditions of approval listed on pages 2-5 of this Agenda Summary Report. Alternative Council Option(s): Do not take action on the project and provide direction to Staff. Citizens advised: Publicly noticed per the Ukiah City Code Requested by: Ukiah Community Services Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager Attachments: 1. Planning Commission Staff Report, Dated May 13, 2009 2. Mitigated Negative Declaration/Initial Study/Response to Comments Approved:a/xv Ja a hambers, City Manager The SkatePark looking to the southeast. Note the tennis courts to the west of the site and the Ukiah Players Theater office to the northeast. The restroom and parking lot are located along the northern side of the facility. The following findings are supported by and based on information contained in this staff report, the application materials and documentation, and the public record. The Skate Park project is consistent with the vision statement, goals and policies of the General Plan because it would provide "a good place for young people to be and a constructive thing for them to do"; it would provide a "pleasant place for people to come together"; and it would provide an "outdoor recreation area with trees and shady places for people to enjoy." 2. The proposed project includes improvements to the existing parking lot and therefore would improve traffic and pedestrian safety. 3. The existing parking lot is separated from Low Gap road with two defined access points. The Public Works Department has reviewed the preliminary plans for improving the parking lot and has found that it will improve traffic circulation and pedestrian and traffic safety. Furthermore, the proposed parking layout will organize the existing parking for Low Gap Park and the Ukiah Players Theater and will increase the number of total parking spaces. 4. The proposed project includes preserving most of the existing trees on the site and planting 14 new trees, shrubbery along/in the parking lot, and native grasses along the perimeter of the skating facility. 2 5. The proposed skate park will not restrict or cut out light and air on the property or neighborhood because the skate park structure is built into the ground and is not tall like a building. Additionally, no buildings or outdoor living areas existing adjacent to or in close proximity to the skate park site. 6. The project would not be detrimental to the character or value of any residential properties because none exist adjacent to or in close proximity to the project site. 7. The proposed project will be constructed on an open fallow field and would not damage any natural features such as rock out-croppings, riparian vegetation, etc. 8. The proposed design of the skate park involved extensive citizen participation and would be compatible with adjacent park structures such as the tennis courts and playground equipment. CONDITIONS OF APPROVAL RECOMMENDED BY THE PLANNING COMMISSION Aesthetics Prior to the issuance of a Building Permit, a Final Landscaping Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. The Final Landscaping Plan shall be in substantial compliance with the proposed preliminary Planting Plan evaluated herein. All required landscaping shall be planted prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The Final Landscaping Plan shall include an automatic drip irrigation system for the newly planted trees. (MITIGATION) The Final Landscaping Plan shall include trees in the landscaping strip between the parking lot and Low Gap Road. Every effort shall be made to plant the trees during the optimum growing season. The 14 or more new trees shall be California native species such as Oak, Madrone, Redwood, etc. (Added on May 13, 2009) 2. The Final Landscaping Plan shall include details regarding the security lighting for the Skate Park. All security exterior lighting shall be subdued, hooded and down -cast, and shall not shine towards the night sky, Low Gap Road, or adjoining land uses. The lighting plan shall include the type and location of fixtures and bulb wattage, and the proposed intensity of the lighting shall be clearly understandable. The applicants shall modify the intensity of the lights as directed by Staff if the brightness exceeds the Planning Commission's expectations. (MITIGATION) 3. Every effort shall be made to preserve and incorporate the existing mature tree located on the northwest portion of the site into the final design of the Skate Park. Prior to the commencement of site preparation or construction activities, a secure tree protection fence shall be placed around the tree in a location determined by staff in consultation with an arborist or tree care expert. A sign shall be posted on the fence during site preparation and construction activities indicating that the fencing constitutes a tree protection zone." (MITIGATION) Air Quality 4. All activities involving site preparation, excavation, filling, and construction of the Skate Park shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. (MITIGATION) 5. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. (MITIGATION) 6. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. (MITIGATION) 7. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. (MITIGATION) 8. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. (MITIGATION) 9. Bike racks shall be installed near the entrance to the skate park facility. (Added on May 13, 2009) Biological Resources 10. All site preparation and construction activities shall be setback from the top of creek bank as depicted on the submitted site plan. Minor modifications may be approved by the Director of Planning and Community Development provided it can be clearly demonstrated that no impacts would occur to Orrs Creek, existing trees, and/or creek vegetation. Site preparation and construction activities shall no disturb the riparian vegetation along Orrs Creek. (MITIGATION) 11. Prior to the commencement of site preparation and construction activities, the applicants shall consult with the State Department of Fish and Game to determine if a streambed alteration agreement/permit is required. (MITIGATION) Cultural Resources 12. 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. (MITIGATION) Geology and Soils 13. All recommendations contained in the Site Reconnaissance and Preliminary Geotechnical Investigation, prepared by Rau and Associates, Inc., dated August 27, 2002 shall be incorporated into project and/or implemented during all site preparation, grading, and construction activities unless subsequent engineering work reveals that specific recommendations are not necessary. These recommendations are contained on pages 8-13 and address slope setbacks, reprocessing of fill soils, grading/site preparation, seismic force parameters, support for shotcrete or poured slabs, soil design parameters, pavement structural section, and drainage. (MITIGATION) 14. Prior to any site preparation, excavation, filling, roadwork, grading, or construction activities, the applicants shall submit, and have approved by the City Engineer; a comprehensive Erosion Control Plan prepared by a Registered Civil Engineer. The comprehensive Erosion Control Plan shall include, but not be limited to the following: (MITIGATION) a. A description of the sequence of construction of the development site stripping and clearing;, rough grading; construction of utilities; infrastructure, and buildings; and final grading and landscaping). The sequencing shall estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. In b. A description of all erosion and sediment control measures necessary to adequately control erosion along the Skate Park structure and all other areas disturbed as a result of the project. c. Specific measures to ensure that no erosion will occur into Orrs Creek. d. Provisions for both short and long-term maintenance of erosion control facilities. e. The City Engineer shall have the authority to require modifications to the submitted Erosion Control Plan that will ensure adequate erosion control. f. Any other elements required by local, State, or Federal law. 15. Prior to Commencing work, all required permits for the grading, skate park structure, concrete work, restroom facility, lighting, plumbing, bleachers, parking lot, etc. shall be applied for and issued. The Contractor shall diligently call for and ensure all required inspections. 16. All work performed to construct the skate park shall be in substantial conformance with the plans approved herein. Minor modifications to the design, lay -out, configuration, and landscaping, may be administratively reviewed and approved by the Director of Planning and Community Development provided a finding can be made that the modifications are minor and would not cause impacts to neighboring properties or the environment. 17. The project shall comply with all requirements of the California Building and Fire Codes. RECOMMENDED ACTION 1) Conduct a public hearing; 2) Consider the Planning Commission's recommendation to approve the Mitigated Negative Declaration and Site Development Permit; and 3) Approve the Mitigated Negative Declaration and Site Development Permit based on the findings and subject to the conditions of approval listed on pages 2-5 of this Agenda Summary Report. 5 Attachment #d W Community Development and Planning Department �i 300 Seminary Avenue Ukiah, CA 95482 planning(-citvofukiah.com 2 3 DATE: May 13, 2009 4 5 TO: Planning Commission 6 7 FROM: Charley Stump, Director of Planning and Community Development 8 9 SUBJECT: Ukiah Skate Park Project Site Development Permit — Low Gap Park 10 File No. 09-15 SDP 11 12 13 14 PROJECT DESCRIPTION 15 16 Proposed development of Ukiah's first Skate Park at Low Gap Regional Park will consist of an 17 approximate +/- 20,000 sq ft concrete structure with skating bowls and other beginner - 18 immediate elements typical of skate parks. The public has been involved and provided input 19 with the design layout for over a year. 20 21 The proposal includes the construction of a 28' X 15' restroom facility housing two lavatories 22 and a janitorial closet. Spectator seating covered by shade sails will be incorporated along the 23 west side of the skate park facility, and park benches, trees/landscaping, and parking lot 24 improvements are also proposed. The two lots would be reorganized and merged into one 25 large lot that will include adrop off area and incorporate landscaping planters that will provide 26 shade and bioretention system for storm water runoff. The number of parking spaces would 27 increase from the current approximate 48 spaces to approximately 60 spaces. 28 29 The Skate Park is proposed to be open to the public during daylight hours and closed and 30 locked at night. The concrete skating structure will be fenced with a 6' high black metal fence 31 with an entry way from the parking lot and park. A minor amount of shielded and down -cast 32 security lighting is also proposed. 33 34 A proposed Landscaping Plan includes the planting of 10 native Oak trees and 4 new Pine trees 35 on the site: Two of the three pine trees in the northern portion of the site are proposed for 36 removal, and planters and additional landscaping is proposed. 37 38 LOCATION 39 40 The proposed Skate Park is located between the tennis courts and the Ukiah Players Theater at 41 Low Gap Park south of Ukiah High School. 42 43 44 PA 3 4 PA 9 10 11 12 13 14 15 16 17 18 19 20 21 2 44 5 7 8 Low Gap Park is a regional recreational facility maintained by Mendocino County. The subject Property is owned by the City and the skate park would be maintained by the City Community Services Department. The area proposed for the skate park is underutilized and has been used for volleyball, dog walking, and hiking in the past. GENERAL PLAN CONSISTENCY The Ukiah General Plan designates the subject property as "Recreation" and it is within the boundaries of Low Gap Park. The proposed project involves a recreation activity to be established in the park along with other existing recreational land uses. The Goals and Policies of the Parks and Recreation Element of the General Plan identify Low Gap Park as an important regional park facility and recognizes its valuable multiple uses. Accordingly, it is concluded that the proposed project is consistent with the provisions of the Ukiah General Plan. 4 I The Vision Statement contained in the General Plan calls for a number of desired outcomes. 2 These include: 3 4 1. Creating a sound, stable community-based economy that uses resources wisely. 5 2. Ensuring community involvement 6 3. Using resources responsibly 7 4. Ensuring aesthetics in planning and development 8 5. Creating an ecologically sustainable community with a sense of itself 9 10 Explanations are included under each of these Vision Statements. The following graphic 11 depicts the two Vision Statements that include explanations that relate to the proposed Ukiah 12 Skate Park: City of Ukiah Mendocino county Ukiah Valley General Plan and Growth ManagenroentProgram 111.2. overall General Plan and Growth Management Goals and Policies t Piga 3 ERsat)ta A cotnrnuniry which as aware of who and what we are, living intelligently within our limits and in harmony with natural processes. We envision a way of life based on recy- cling and reuse rather itrara throw -away consumption. We envision Convenient public s w,t,it ..11,..0mm 11 lit . t transportation. We envision a community Haat respects cultural ;i ; diversity, historical places, and valuable traditions. We envision creative human services and effective public safety. We envision intellectually sound educational institutions that inspire citizenship and academic gro We envision good places for young people to be and constructive things for them to do. We env' ' n responsive government. And at the heart of everything, we envision a communry built on a ed concern for the quality of life that has brought us to this special place. 552ME1S1o1�D PMFNr that complements rather than compromises the natural beauty of aJJey.� We a vision pleasant places for people to come together: , beautiful public , sweets with every and good design, y li� downtown plaza. We envision outdoor r int g ent, including trees and shady spaces for Eenvision esthetically designed,,affordable ` -. housing, planned to encourage walking, bicycling, and public transit. We envision the esthetic enhancement of commercial development along highways and roads, especially through tree planting. We envision agricultural lands and native greenery in the Valley enhancing and conserving the natural beauty woven into places we go everyday. 13 14 15 16 ZONING CONSISTENCY 17 18 The site if zoned PF (Public Facilities) which allows park facilities as an "allowed" land use. The 19 project is consistent with the PF zoning classification. 20 21 22 23 24 5 I SITE DEVELOPMENT PERMIT REQUIREMENT 2 3 Zoning Code Section 9170.7 requires a Site Development Permit for development pro'ects 4 within the Public Facilities (P -F) district. 5 6 Pursuant to Zoning Code Section 9263(E) the following specific findings are required to be 7 made in order to approve a site development permit. After reviewing the proposed project, Staff 8 believes the findings can be made to approve the project, and draft findings are included on 9 page 11 of this Staff Report. 10 11 PROJECT ISSUES 12 13 The primary project issues include potential noise impacts (compatibility with the Ukiah Players 14 Theater), potential impacts on Orrs Creek, tree removal, and traffic generation. These issues 15 were evaluated and mitigated in the proposed Mitigated Negative Declaration and 16 below: summarized 17 18 Noise: The City Noise Ordinance contained in the Ukiah City Code does not establish a 19 maximum level of noise emanating from park. and recreation facilities. However, the site is 20 situated approximately 100 -feet west of the Players Theatre which provides live acting 21 performances and could potentially create noise that would impact the theatre performances. 22 23 The applicants have designed the skate park facility with the knowledge that it could produce 24 noise that could potentially affect the theatre. The spectator area for the skate park has been 25 purposefully located away from the theatre adjacent to the existing tennis courts in excess 26 200 -feet away.. Additionally, a row of native oak trees are proposed for the property line 27 between the two land uses which will act to attenuate any noise. It should be noted that the 28 theatre office building is located between the two land uses, which will also act to attenuate 29 noise. Finally, it is noted that the skate park will only be open during daytime 30 closed and locked during evening and nighttime hours. This in and of itself will eliminate an 31 noise conflicts between the two uses during evening stage performances. e hours and will be 32 33 Based on these design features, it is concluded that the proposed project will not violate 34 noise standards or noise goals and policies contained in the General Plan, nor will it o ate 35 significant amounts of noise that would adversely impact adjacent land uses. e 36 37 Orrs Creek: The proposed skate park is situated adjacent to the creek bank alongOrrs Cr 38 The site planning and layout for the facility was carefully designed to avoid impacting the creek. 39 The facility 40 bank comes as close as 15 -feet to the southeast cois setback in excess of 60 -feet along the south, but as the creek turns north the comer of the facility. It should be noted that 41 the bank is wide and benched and the actual creek is in excess of 100 -feet from the facility. 42 No riparian vegetation would be disturbed as a result of the project, and in fact, a component of 43 the project is to replant areas along the top of the creekbank with native trees andrasses. 44 g 45 1 Construction activities could result in siltation into Orrs Creek if measures are not taken to 2 prohibit erosion. Accordingly, Staff is recommending that an erosion control plan be prepared 3 and implemented to ensure no erosion occurs and no silt flows into Orr's creek. 4 5 M 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 adversely Looking down to the south towards Orrs Creek from where the Skate Park would be located. Dote the distance between the creek and Skate Park site TreeRemoval: There are three Pine trees along the northern portion of the site that contribute to the scenic views of the site. However, it appears that two and maybe all three of these trees could conflict with the final layout of the Skate Park. The applicants have indicated that every attempt will be made to preserve the largest tree closest to the tennis courts as an entryway amenity. The other two are proposed for removal. Shifting the facility to the south to preserve these two trees would cause the removal of approximately six of the ten Redwood Trees located in the south/southwest portion of the site. According to the applicants, shortening the Skate Park from north to south to accommodate all the trees- would substantially compromise the design and effectiveness of the facility in terms of skating maneuvers, safety, and overall function of the facility. The size of the Skate Park is already smaller than desired for the size of the City and its skating population, and reducing the size further is problematic. Additionally, consultation with the City Police Department revealed a concern about visibility of the facility from the parking lot if the two pines trees on the northern portion of the site trees were retained. N I L I Field observations conducted by City Staff on 3 separate Sunday afternoons revealed heavier 2 usage of the parking lots than during weekdays or Saturdays. This is due to Sunday matinee 3 theatre performances (occasional), tennis court users, and Low Gap Park users converging on 4 the area at the same time. While observations revealed that the parking lots were not full, they 5 were more congested than observed during the week. 0 7 8 Looking west across the two perking lots. The lots would be combined into one large parking lot. 01 10 Information provided by the Ukiah Community Services Department reveals that parking 11 demand for skate park facilities is typically low and that the majority of skate boarders are either 12 dropped off or arrive via skate boards. This information includes a statement from the 13 professional Skate Park design consultants, who indicated that the Industry standard is .75 14 parking spaces per 1,000 square foot of Skate Park. This would result in a demand for 14-15 15 spaces for the proposed 20,000 square foot facility. The information also included a parking 16 analysis conducted by the City of Costa Mesa, a` City of 114,000 people, which concluded that 17 the peak parking demand for their particular 15,000 square foot Skate Park would be 31 spaces. 18 Staff is able to conclude that the parking demand for the Ukiah Skate Park which in reality will 19 serve not only City residents, but also skaters from the surrounding Ukiah Valley would 20 reasonable demand approximately half of what the City of Costa Mesa Skate Park demanded, 21 which would also be consistent with the industry standard of 14-15 per 1,000 square feet of 22 facility. 9 I Theater performances are typically scheduled for 7:00 pm in the evening when the tennis 2 courts, future skate park, and other park facilities are closed. As indicated above the only 3 anticipated overlap would be on an occasional 2:00 pm Sunday theater matinee performance, 4 and field observations reveal that the existing number of parking spaces is more than adequate 5 to accommodate the overlap of theater goes, tennis court users, disc golf players, and other 6 users of the park. With the anticipated low demand for parking spaces associated with the 7 future skate park, it is concluded that the updated and reorganized parking facility will be 8 adequate to accommodate all users of Low Gap Park. 9 TT:hePARKING SPACES PROVIDED ater 25 Tennis Courts 4 Other Park Uses 16 Skate Park 15 TOTAL 60 10 11 12 PUBLIC NOTICE 13 14 A notice of public hearing was posted in three places on the project site on April 30 2009, 15 mailed to property owners within 300 feet of the project site on April 30, 2009, and published in 16 the Ukiah Daily Journal on May 3, 2009. As of the writing of this staff report, no correspondence 17 has been received in response to the notice. 18 19 Additionally, a notice was sent to surrounding property owners, published in the paper, 20 interested parties, and posted on-site announcing the availability of the proposed Mitigated 21 Negative Declaration. A 30 -day review period was established a one comment letter was 22 submitted (see the "Environmental Review" discussion below). 23 24 ENVIRONMENTAL REVIEW 25 26 Staff prepared an Initial Environmental Study to determine if the proposed Skate Park project 27 would have a significant adverse impact on the environment. Based on the review of the 28 proposed project, resources maintained by the Department of Planning and Community 29 Development, discussions with City Staff, and visits to the project site and surrounding area, 30 potential impacts were identified and effective mitigation measures recommended for Aesth 31 and Visual Quality, Air Quality, Biological Resources, Cultural Resources, Geology/Soils an s 32 Hydrology and Water Quality. ), d 10 I A proposed Mitigated Negative Declaration was distributed for public review and comment and 2 Staff received one comment letter from the Friends of Gibson Creek (see Response to 3 Comments Document — Attachment No. 3). Staff agreed with the comments and 4 recommendations from the Friends of Gibson Creek and made minor modifications to the 5 recommended Mitigation Measures/Conditions of Approval. 6 7 Accordingly, it has been determined that a Mitigated Negative Declaration is appropriate for the 8 project. 9 10 CONCLUSION 11 12 The City has been working with the community for years to find a location and build a skate 13 park. The currently proposed Low Gap site presented many issues, which were explored, 14 evaluated, and eventually resolved. Adjoining property owners, including the Ukiah Unified 15 School District, Mendocino County, and the Ukiah Players Theater have participated in 16 discussions and are in support of the project. 17 18 The environmental issues associated with locating the skate park at the proposed site have 19 been analyzed and mitigation measures developed to successfully eliminate and/or lessen 20 impacts. 21 22 The proposal is consistent with the Ukiah General Plan and the Public Facilities zoning district, 23 and would provide a much needed new recreational facility in the City. 24 25 RECOMMENDATION 26 27 Staff recommends that the Planning Commission 1) conduct a public hearing; 2) Recommend 28 City Council approval of the Mitigated Negative Declaration; and 3) Recommend City Council 29 approval of the project based on the following draft findings and subject to the draft conditions of 30 approval. 31 32 33 DRAFT SITE DEVELOPMENT PERMIT FINDINGS TO ALLOW 34 THE UKIAH SKATE PARK TO BE CONSTRUCTED AT LOIN GAP PARK 35 36 The following findings are supported by and based on information contained in this staff report, 37 the application materials and documentation, and the public record. 38 39 1. The Skate Park project is consistent with the vision statement, goals and policies of the 40 General Plan because it would provide "a good place for young people to be and a 41 constructive thing for them to do"; it would provide a "pleasant place for people to come 42 together"; and it would provide an "outdoor recreation area with trees and shady places 43 for people to enjoy." 44 45 46 47 11 1 2. The project proposed project includes improvements to the existing Parkin ot and 2 would improve traffic and pedestrian safety. g l 3 4 3. The existing parking lot is separated from Low Gap road with two defined access points. 5 The Public Works Department has reviewed the preliminary plans for improving the 6 parking lot and has found that it will improve traffic circulation and pedestrian and traffic 7 safety. Furthermore, the proposed parking layout will organize the existing for 8 Low Gap Park and the Ukiah Players Theater and will increase the number aro'f total 9 spaces. 10 11 4. The proposed project includes preserving most of the existing trees on the site and 12 planting 14 new"trees, shrubbery along/in the parking lot, and native grasses along the 13 perimeter of the skating facility. 14 i5 5. The proposed skate park will not restrict or cut out light and air on the property or 16 neighborhood because the skate park structure is built into the ground and is not tall like 17 a building. Additionally, no buildings or outdoor living areas existing adjacent to or in 18 close proximity to the skate park site. 19 20 6. The project would not be detrimental to the character or value of any residential 21 properties because none exist adjacent to or in close proximity to the project site. 22 23 7. The proposed project will be constructed on an open fallow field and would not damage 24 any natural features such as rock out-croppings, riparian vegetation, etc. 25 26 8. The proposed design of the skate park involved extensive citizen participation and would 27 be compatible with adjacent park structures such as the tennis courts and playground 28 equipment. 29 30 31 DRAFT SKATE PARK CONDITIONS OF APPROVAL 32 33 Aesthetics 34 35 1. Prior to the issuance of a Building Permit, a Final Landscaping Plan shall be 36 submitted for review and approval by the Director of Planning and Community 37 Development or his/her designee. The Final Landscaping Plan shall be in 38 substantial compliance with the proposed preliminary Planting Plan evaluated herein. 39 All required landscaping shall be planted prior to final inspection, and shall be 40 41 maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The Final Landscaping Plan shall include an automatic 42 drip irrigation system for the newly planted trees. (MITIGATION) 43 44 The Final Landscaping Plan shall include trees in the landscaping strip between the 45 parking lot and Low Gap Road. 46 47 48 12 1 2. The Final Landscaping Plan shall include details regarding the security lighting for 2 the Skate Park. All security exterior lighting shall be subdued, hooded and down - 3 cast, and shall not shine towards the night sky, Low Gap Road, or adjoining land 4 uses. The lighting plan shall include the type and location of fixtures and bulb 5 wattage, and the proposed intensity of the lighting shall be clearly understandable. 6 The applicants shall modify the intensity of the lights as directed by Staff if the 7 brightness exceeds the Planning Commission's expectations. (MITIGATION) 8 9 3. Every effort shall be made to preserve and incorporate the existing mature tree 10 located on the northwest portion of the site into the final design of the Skate Park. 11 Prior to the commencement of site preparation or construction activities, a secure 12 tree protection fence shall be placed around the tree in a location determined by staff 13 in consultation with an arborist or tree care expert. A sign shall be posted on the 14 fence during site preparation and construction activities indicating that the fencing 15 constitutes a tree protection zone." (MITIGATION) 16 17 Air Quality 18 19 4. All activities involving site preparation, excavation, filling, and construction of the 20 Skate Park shall institute a practice of routinely watering exposed soil to control dust, 21 particularly during windy days. (MITIGATION) 22 23 5. All inactive soil piles on the project site shall be completely covered at all times to 24 control fugitive dust. (MITIGATION) 25 26 6. All activities involving site preparation, excavation, filling, grading, and actual 27 construction shall include a program of washing off trucks leaving the construction 28 site to control the transport of mud and dust onto public streets. (MITIGATION) 29 30 7. Low emission mobile construction equipment, such as tractors, scrapers, and 31 bulldozers shall be used for earth moving operations. (MITIGATION) 32 33 8. All earth moving and grading activities shall be suspended if wind speeds (as 34 instantaneous gusts) exceed 25 miles per hour. (MITIGATION) 35 36 Biological Resources 37 38 9. All site preparation and construction activities shall be setback from the top of creek 39 bank as depicted on the submitted site plan. Minor modifications may be approved 40 by the Director of Planning and Community Development provided it can be clearly 41 demonstrated that no impacts would occur to Orrs Creek, existing trees, and/or creek 42 vegetation. Site preparation and construction activities shall no disturb the riparian 43 vegetation along Orrs Creek. (MITIGATION) 44 45 10. Prior to the commencement of site preparation and construction activities, the 46 applicants shall consult with the State Department of Fish and Game to determine if 47 a streambed alteration agreement/permit is required. (MITIGATION) 48 49 13 I Cultural Resources 2 3 11. If, during site preparation or construction activities, any historic or prehistoric cultural 4 resources are unearthed and discovered, all work shall immediately be halted, and 5 the City notified of the discovery. The applicant shall be required to fund the hiring of 6 a qualified professional archaeologist to perform a 7 develop a precise mitigation program if deemed necessary. reconnaissance and to 8 necessary. (MITIGATION) 9 Geology and Soils 10 11 12. All recommendations contained in the Site Reconnaissance and Prelimina 12 Caotechnical Investigation, prepared by Rau and Associates, Inc., dated August 27, 13 2002 shall be incorporated into project and/or implemented during all site 14 preparation, grading, and construction activities unless subsequent engineering work 15 reveals that specific recommendations are not necessary. These recommendations 17 are contained on pages 8-13 and address slope setbacks, reprocessing of fill soils, 17 grading/site preparation, seismic force parameters, support for shotcrete or poured 18 slabs, soil design parameters, pavement structural section, and drainage. 19 (MITIGATION) 20 21 13. Prior to any site preparation, excavation, filling, roadwork, grading, or construction 22 activities, the applicants shall submit, and have approved by the City Engineer; a 23 comprehensive Erosion Control Plan prepared by a Registered Civil Engineer. The 24 comprehensive Erosion Control Plan shall include, but not be limited to the following: 25 (MITIGATION) 26 27 a. A description of the sequence of construction of the development site 28 stripping and clearing; rough grading; construction of utilities; infrastructure, 29 and buildings; and final grading and landscaping). The sequencing shall 30 estimated duration of exposure of cleared areas, areas of clearing, 31 installation of temporary erosion and sediment control measures, and 32 establishment of permanent vegetation. 33 34 b. A description of all erosion and sediment control measures necessary to 35 adequately control erosion along the Skate Park structure and all other areas 36 disturbed as a result of the project. 37 38 c. Specific measures to ensure that no erosion will occur into Orrs Creek. 39 40 d. Provisions for both short and long-term maintenance of erosion control 41 facilities. 42 43 e. The City Engineer shall have the authority to require modifications to the 44 submitted Erosion Control Plan that will ensure adequate erosion control. 45 46 f. Any other elements required by local, State, or Federal law. 47 48 49 14 1 Permits 2 3 14. Prior to Commencing work, all required permits for the grading, skate park structure, 4 concrete work, restroom facility, lighting, plumbing, bleachers, parking lot, etc. shall 5 be applied for and issued. The Contractor shall diligently call for and ensure all 6 required inspections. 7 8 15. All work performed to construct the skate park shall be in substantial conformance 9 with the plans approved herein. Minor modifications to the design, fay -out, 10 configuration, and landscaping, may be administratively reviewed and approved by 11 the Director of Planning and Community Development provided a finding can be 12 made that the modifications are minor and would not cause impacts to neighboring 13 properties or the environment. 14 15 16. The project shall comply with all requirements of the California Building and Fire 16 Codes. 17 18 Attachments 19 20 1. Mitigated Negative Declaration/Initial Environmental Study/Response to Comments 21 2. Conceptual Planting Plan 22 15 zi AtfachMent # Z, PROJECT: Ukiah Skate Park DATE: February 25, 2009 APPLICANTS: City of Ukiah Community Services Department LOCATION: Low Gap Park — Between the existing tennis courts and the Ukiah Players Theater PROJECT DESCRIPTION:, Pr development of Ukiah's first Skate Park at Low Gap Regional Park will consist of an approximate 20,000 sq ft concrete structure, restroom facilities, park benches, trees and landscaping and improvements to an existing paved parking lot. The existing park amenities include tennis courts, playground area, barbeque areas, disc Frisbee course, and hiking trails. A future dog park is being planned for the old ball field area west of and above the project site. The area proposed for the skate park is underutilized and has been used for volleyball, dog walking, and hiking in the past. The County of Mendocino is operating the existing park amenities and this development would be maintained and operated by the City of Ukiah and its Park staff. The Skate Park is proposed to be open to the public during daylight areas and closed and locked at night. The concrete structure will be fenced with a 6' high black metal fence with an entryway from the parking lot and park. The various elements of the structure itself will consist of beginner - immediate -bowl sections. The public has been involved and provided input with the design layout for over year. Presently there are no restroom facilities at this park. The project includes the construction of a 28' X 15' restroom facility housing two lavatories and 1 sink per restroom, drinking facets along with a janitorial closet. The location of this facility will be easily accessible to park participants and viewable from Low Gap Road. Spectator seating covered by shade sails will be incorporated along the west side of the skate park facility. The existing trees on site will provide additional resting and shade areas for participates and spectators. Presently the total parking area for the park is separated into two parking lots. The proposed projects Includes merging the two lots into one larger lot that will included a drop off area and incorporate landscaping planters that will provide shade and bioretention system for storm water runoff. The merging of the two lots will result in approximately 59 total parking spaces. Orr Creek runs along the southern boundary of this property. The actual creek bed is estimated to be 50' from the top of bank. At the closest point the proposed project would be situated approximately 10' from the top of the bank and 55' from the actual creek. No riparian vegetation would be disturbed as a result of the project. It has been specifically designed to avoid disturbance or removal of riparian vegetation and existing trees in this area. ENVIRONMENTAL SETTING: The project site is located in Low Gap Park, an existing public park with tennis courts, hiking trails, disc golf, and other amenities. Orrs Creek flows through the park and is located +55 feet from the Skate Park site. The setting is rural and open, with Ukiah High School located to the north, the Ukiah Players Theater located to the east, The Ukiah Golf Course located to the south, and the Low Gap Park tennis courts located to the west. ENVIRONMENTAL /ANALYSIS: City Staff conducted an analysis and prepared an Initial Environmental Study to determine whether or not the proposed Skate Park would have a significant adverse impact on the environment. Staff was able to conclude that while potential impacts to aesthetics, air quality, biological resources, cultural resources, and geology/soils would occur, mitigations measures could be incorporated into the project that would eliminate or reduce these impacts to levels of insignificance. FINDINGS SUPPORTING A MITIGATED NEGATIVE DECLARATION: 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 perform the environmental analysis may be reviewed at the City of Ukiah Department of Planning Community Development, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. F February 25, 2009 Date initial and Address. I City of Ukiah Community Development 300 Seminary Avenue Ukiah, CA -96482 Low Gap Park Ukiah, Mendoclyo Q Project Sponsor's Name and City Of Ukiah Address: Community Services Department 300 seminary Avenue Ukiah, CA 9$40 City of Ukiah Skate Park Project February 25, 2009 • ,I Recreatr- 'ublic Facilities ( /JI7) 463-6200 Januar 23, 2009 SAC)) No '!AL ENVIRONMENTAL STUDY TATE AGENCY REVIEW: The project would not affect any natural resources has review authority or permitting responsibilities for the Environmental Study and proposed Mitigated Negative Declaration is and no Skate agency State Clearinghouse for distribution to State agencies. Ho project. Accordingly, g y, the Initial close to Orrs Creek, a copy of the document will be sent direct) not required to be sent to the Wever, because the project site is situated Game for possible review. y to the State Department of Fish and PUBLIC REVIEW AND COMMENT PERIOD: March 2 2009 throu h Marc PROJECT DESCRIPTION: Proposed development of Ukiah's h 31 2009 Park will consist of an approximate 20,000 sq ft concrete structure, restroom trees and landscaping and improvements to an first Skate Park a# Low Gap Regional amenities include tennis courts, playground area, barbeque are facilities, park benches, g paved parking lot. The existing park trails. A future dog park is being planned for the old ball field area west of Frisbeeand ab course, and hiking The area proposed for the skate park is underutilized and has been used and hiking in the past. The County of is operatingt and above the project site. development would st maintained and operated. Mendocinoin the Ci of U for volleyball, dog walking, he existing park amenities and this The. Skate Park is proposed to be open to the � Ukiah and its Park staff. night public during daylight areas and closed and locked at The concrete structure will be fenced with a 6' high black metal fence w' parking lot and park. The various elements of the structure itself will consist bowl sections. The public has been involved and provided in with an entry way from the year. of beginner-immediate- bowl with the design layout for over a Presently there are no restroom facilities at this park. The Project 15' restroom facility housing two lavatories and 1 sink P lett includes the construction of a 28'X janitorial closet. The location of this facility will be easily accessible to per restroom, drinking facets along with a from Low Gap Road. park participants and viewable Spectator seating covered by shade sails will be incorporate provide additional resting and shad P d along the west side of the skate park facility. The existing trees an site will spectators.. a areas for participates and Presently the tots( parking area for the park is separated into tw includes merging the two lots into one larger lot that will .include includes mg planters that will provide shad ° Parking lots. The proposed projects merging of the two lots will result In a e and bioretention ` systemdrop o psto area wa and incorporate approximately 60 total parking spaces. ter runoff. The 25, 2009 EMMA Orr Creek runs along the southern boundary of this property. The actual creek bed is estimated to be 50' from the top of bank. At the closest point the proposed project would be situated approximately 10' from the top of the bank and 55' from the actual creek. No riparian vegetation would be disturbed as a result of the project. It has been specifically designed to avoid disturbance or removal of riparian vegetation and existing trees in this area. City of Ukiah Skate Park Project 3 February 25, 2009 INITIAL ENVIRONMENTAL STUDY Surrounding Land Uses/Zoning : • North: Ukiah High School (PF) ® East: Ukiah Players Theatre (PF) Location Map South: Ukiah Municipal Golf Course (PF) West: Low Gap Park/Tennis Courts (PF) City of Ukiah Skate Park Project February 25, 2009 4 City of Ukiah Skate Park Project 5 February 25, 2009 wnCILU rant site looking south from the parking lot 25, 2009 INITIAL ENVIRONMENTAL STunY Environmental Factors Potentially ,Affected: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. ® Aesthetics ❑ ® Biological Resources Hazards & Hazardous Materials ❑ Mineral Resources ® Public Services ® Utilities / Service Systems Agricultural Resources Cultural Resources Hydrology / Water Quality Noise Recreation Mandatory Findings of Significance ® Air Quality ® Geology / Soils ® Land Use / Planning ❑ Population / Housing Transportation / Traffic / Parking On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at 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 that are imposed upon the proposed project, nothing further is required. Date: February 27, 2009 y Stump Director, Planning & Community Development City of Ukiah City of Ukiah Skate Park Project 7 February 25, 2009 INITIAL EIVVIROIVMEPITAL STUDY The proposed skate park is situated on land that has previously been disturbed and filled limited recreational purposes. The site is near Orrs creek, but the facility has been dand used for disturbing any riparian vegetation or trees along the bank of the creek. Potential conflicts land uses such as the tennis courts, High School, and the Players Theatre w esigned to avoid the facility was designed to minimize or eliminate impacts or nuisances to th were identified early and with nearby ose uses. Based on the review of the proposed project, resources maintained by the Department and Community Development, discussions with Ciand h ej t Planning surrounding area, potential impacts have been identified and visitseffective the project site and recommended for Aesthetics and Visual Quality,a mitigation measures Resources, Geology/Soils), and Hydrology and Water Quality. Air Quality, Biological Resources, Cultural that a Mitigated Negative Declaration is a jAccordingly, it has been determined appropriate for the project. RECOMMENDED Aesthetics I. Prior to the issuance of a Building Permit, a Final Landscaping Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. The Final Landscaping Plan shall be in substantial compliance with the proposed preliminaryplan evaluated herein. All required landscaping shall be planted prior to final inspection an maintained in a viable condition to the satisfaction of the Department of Planning and C pian Development. d shall be 9 Community 2. The Final Landscaping Plan shall include details regarding the security lighting for the Skate P All security exterior lighting `shall be subdued, hooded and down -cast, and shall not shine towards the night sky, Low Gap Road, or adjoining land uses. The lighting plan shall include the t ark. location of fixtures and bulb wattage, and the proposed intensity of the lighting shall be clearly understandable. ; The applicants shall modify the intensity of the lights as directed by Staff if the type and brightness exceeds the Planning Commission's expectations. 3. Every effort shall be made to preserve and incorporate the existing mature tree located o northwest portion of the site into the final design of the Skate Park. n the Air Quality 4. All activities involving site preparation, excavation, filling, and construction of the Skate Park shad institute a practice of routinely watering exposed soil to control dust, particularly during winds. s 5. All inactive soil piles on the project site shall be completely covered at all times to co y y dust. control fugitive 6. All activities involving site preparation, excavation, filling, include a program of washing off trucks leaving the construction site to control the transport of mu grading, and actual construction shall and dust onto public streets. d City of Ukiah SkatePar— k project February 25, 2009 P 7. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. 8. All earth moving and grading activities shall be suspended if'wind speeds (as instantaneous gusts) exceed 25 miles per hour. Biological Resources 9. All site preparation and construction activities shall be setback from the top of creek bank as depicted on the submitted site plan. Minor modifications may be approved by the Director of Planning and Community Development provided it can be clearly demonstrated that no impacts would occur to Orrs Creek, existing trees, and/or creek vegetation. Site preparation and construction activities shall no disturb the riparian vegetation along Orrs Creek. 10. Prior to the commencement of site preparation and construction activities, the applicants shall consult with the State Department of Fish and Game to determine if a streambed alteration agreement/permit is required. Cultural Resources 11. 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 Soils 12. All recommendations contained in the Site Reconnaissance and Preliminary Geotechnical Investigation, prepared by Rau and Associates, Inc., dated August 27, 2002 shall be incorporated into project and/or implemented during all site preparation, grading, and construction activities. These recommendations are contained on pages 8-13 and address slope setbacks, reprocessing of fill soils, grading/site preparation, seismic force parameters, support for shotcrete or poured slabs, soil design parameters, pavement structural section, and drainage. 13. Prior to any site preparation, excavation, filling, roadwork, grading, or construction activities, the applicants shall submit, and have approved by the City Engineer; a comprehensive Erosion Control Plan prepared by a Registered Civil Engineer. The comprehensive Erosion Control Plan shall include, but not be limited to the following: a. A description of the sequence of construction of the development site stripping and clearing; rough grading; construction of utilities; infrastructure, and buildings; and final grading and landscaping). The sequencing shall estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. b. A description of all erosion and sediment control measures necessary to adequately control erosion along the Skate Park structure and all other areas disturbed as a result of the project. c. Specific measures to ensure no erosion will occur into Orrs Creek. d. Provisions for both short and long-term maintenance of erosion control facilities. City of Ukiah Skate Park Project February 25, 2009 INITIAL ENVIRONMENTAL STUDY e. The City Engineer shall have the authority to require modifications to the submitted Erosion Control Plan that will ensure adequate erosion control. f. Any other elements required by local, State, or Federal law. This Initial Study has been prepared consistent with CEQA Guidelines Section 15063, to determine if the project, as proposed, may have a significant effect upon the environment. Based upon the findings contained within the following analysis, the Initial Study will be used in support of the preparation of a Mitigated Negative Declaration. I• AESTHETICS Potentially Less Than Significant Less Than Would the rolect: Significant Impact With Mitigation Significant Impact No Impact a) Have a substantial adverse effect on a scenic Incorporated vista? ❑ El b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic ❑ ® buildings within a state scenic highway? ❑ c) Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ ® ❑ ❑ d) Create a new source of substantial light or glare which would adversely affect day or nighttime [] views in the area? ❑ ❑ Discussion: The scenic beauty qualities of the area parks, particularly those along creeks and other important natural features are an important contributor to the rural setting of the City and to the overall quality of life. Aesthetic impacts resulting from development projects could erode the beauty the City and its quality of life. Significance Criteria: Aesthetic impacts would be significant if the project resulted in the obstruction of any scenic view or vista open to the public, damage to significant scenic resources within a designated State scenic highway, creation of an aesthetically offensive site open to the. public, substantial degradation to the existing visual character or quality of the site and its surroundings, or generates new sources of light or glare that would adversely affect day or nighttime views in the area, including that which would directly illuminate or reflect upon adjacent property or could be directly seen by motorists or persons residing, working or otherwise situated within sight of the project. Potential Impacts: The project site is comprised of an open field underlain by discarded fill soils along Orrs Creek. A number of young Redwood trees lines the southwestern edge of the site. These trees were planted as a Memorial Grove and provide an aesthetically pleasing element to the property. The existing adjacent tennis courts to the west emphasize the recreational element to the City of Ukiah Skate Park Project February 25, 2009 10 park setting, and the craftsman style Ukiah Players Theatre building(s) adjacent to the east contribute to the semi -rural setting. There are three Pine trees along the northern portion of the site that contribute to the scenic views of the site. However, it appears that two and maybe all three of these trees could conflict with the final layout of the Skate Park (see photograph above). The applicants have indicated that every attempt will be made to preserve the largest tree closest to the tennis courts as an entryway amenity. The other two are proposed for removal. Shift the facility to the south to preserve these two trees would cause the removal of approximately six of the ten Redwood'Trees located in the south/southwest portion of the site. According to the applicants, shortening the Skate . Park from north to south to accommodate all the trees would substantially compromise the design and effectiveness of the facility in terms of skating maneuvers, safety, and overall function of the facility. The size of the Skate Park is already smaller than desired for the size of the City and its skating population, and reducing the size further is problematic. Additionally, consultation with the City Police Department revealed a concern about visibility of the facility from the parking lot if the two pines trees on the northern portion of the site trees were retained. The large Pine tree located In the northwest comer of the Skate Park Site To compensate for the loss of the two pine trees and the loss of their aesthetic quality, the applicants have designed the landscaping plan (attached) to include the planting of 10 native Oak trees and 4 new Pine trees on the site. These trees, when combined with the existing Redwood trees would frame the site with a significant canopy of trees and provide an improved visual quality to the property. While the facility would be closed at dusk and not open during evening hours, some security lighting may be installed that would serve both the Skate Park and adjacent tennis courts. This lighting, if not City of Ukiah Skate Park Project February 25, 2009 11 9�tIT1AL ENVIRONMENTAL STUDY carefully designed could create substantial glare and adversely impact the aesthetic setting of the site, as well as the night sky. Accordingly, a mitigation measure is recommended requiring that the applicants incorporate shielded downcast lighting into the project design. The applicants have agreed with this mitigation measure. After visiting the site, reviewing the proposed plans, and discussing the philosophy and approach of the site planning and design for the development with the applicants, Staff is able to conclude that the visual impacts associated with the proposed Skate Park on the subject property would not obstruct any scenic view or vista open to the public, damage any significant scenic resources, create an aesthetically offensive site open to the public, or substantial degradation the existing visual character or quality of the site and its surroundings. Staff is able to conclude further that the proposed Skate Park represents an additional active recreational element to the existing park, and with the preservation of the existing redwood trees and the planting of additional native trees and grasses, as well as carefully designed security lighting, the project will be visually compatible with the surrounding uses. Mitigation Measures: 1. Prior to the issuance of a; Building Permit, a Final Landscaping Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. The Final Landscaping Plan shall be in substantial compliance with the proposed prelimina evaluated herein. All required landscaping shall be planted prior to final inspection, and sry hallbean maintained in a viable condition to the satisfaction of the Department of Planning and Community ty 2. The Final Landscaping Plan shall include details regarding the security I ghting for the Skat All security exterior lighting shall be subdued,' hooded and down -cast, and shall not shine towards the night sky, Low Gap Road, or adjoining land uses. The lighting plan shall include the type and location of fixtures and bulb wattage, and the proposed intensity of the lighting shall be clearly understandable. The applicants ,shall modify the intensity of the lights; as directed by Staff if the brightness exceeds the Planning Commission's expectations. 3. All existing mature trees on the subject property except the three juvenile trees situated on the northern portion of the site shall be retained unless a professional arborist submits a report to the City Planning Director indicating that specific trees are dead or diseased. For every one tree removed, two new trees shall be planted in the same general location. Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will not cause significant adverse impacts to the aesthetic values of the site or surrounding area. City of Ukiah Skate Park Project February 25, 2009 12 INITIBI_ FriviPnPiRxCAITRI 6s` -mor%%. • T, •112:51 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact 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 13 El Farmland Mapping and Monitoring Program of the ❑ California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ c) Involve other changes in the existing environment which, due to their location or nature, could result ❑ in conversion of Farmland, to non-agricultural ❑ use? Discussion: The proposed project would allow for establishment of a Skate Park on existing public park property. No agricultural operations presently occur on or near the project site, nor is the site zoned for agricultural uses. The project site is not in an agricultural preserve. 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 California Natural Resources Conservation Service soils information for Mendocino County does not indicate the presence of prime farm land at this location or in close proximity. There is no actively farmed prime agricultural land adjacent or in close proximity to this site. It is not anticipated that the project would result in the conversion of farm land to non-agricultural uses, either directly or indirectly. Mitigation Measures: None City of Ukiah Skate Park Project February 25, 2009 13 3. INITIAL ENVIRONMENTAL STUDY Where available, the significance criteria established Pollution control district may be relied upon to make the by the applicable air quality management following determinations. or air Potentially Less Than Would the CO'eCt: Significant Impact Significant with Mitigation Less Than Significant No a) Conflict with or obstruct implementation of the Inco orated impact impact applicable air quality plan? ❑ ❑ b) Violate any air quality andard or contribute substantially to an xist ng for ❑ projected air quality violation? ❑ ❑ ❑ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed [� ❑ ❑ quantitative thresholds for ozone Precursors)? d) Expose sensitive receptors to substantial Pollutant concentrations? 0 ❑ El 0 e) Create objectionable odors affecting a substantial number of people? 0 ❑ El 0 Discussion: The concentration of a given pollutant in the atmosphere is deter Of pollutant released and the atmosphere's ability to transport and dilute the Pollutant. determinants of transport and dilution are wind, atmospheric stability,ter mined by the amount the combined effects of moderate winds, clear skies, frequent atmos p utant. The major vertical dilution, and terrain that restricts horizontal dilution re rain, and sunshine. In nversions that restrict Pollution. suit in a relatively high Potential for air The City of Ukiah is situated in the flat and narrow Ukiah Valley. The presence both the west and east sides of the valley create the terrain that tends to restrict t the mountains on west movement of pollutants. The dominant wind direction in the Ukiah Valle is fro to the southeast. Wind speeds in the central portion of the corn the horizontal east - speeds of 4 mph or less occurring over 60 percent of the time. While they m the northwest high in the Ukiah Valley, the actual pution is ollutant levels are relativelymunity are moderate, with wind and the relatively low level of development in the local air basnlow due to the lack of upwind ential for air sources Significance Criteria: Air Quality Impacts would be significant if the Project results esults in any of the • Conflicts with or obstructs implementation of any a ppcable ® Violates any air quality standard or contributes substantiallyi to anlitex siting or quality violation, including a cumulatively considerable net increase of any criteria for which the region is in nonattainment as defined by Federal or State regulations. g project air City of Ukiah Skate Park Project For the Mendocino February 25, 2009 14 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. • Suffer oxides (Sox) 220 lbs. ® Particulates (PM 10) 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 contaminant level 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. 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 --- PM-10 Annual 50 ug/m3 24-hour 150 u /m3Lead r33 30 -day Avg. --- Month Avg. 1.5 ug/m3 -- TI-1Y1 ® felts (JCI IYI mun / u9/ms = iwmrograms per cupic meter Violation of a State Standard: If a county (or a portion of a county located within an air basin) exceeds the State standard for any of the criteria pollutants, it can be designated by the State Air Resources Board (ARB) as non -attainment for that substance. To evaluate the exceedance, the ARB uses standard criteria found in the State Health and Safety Code. They review air -sampling data to determine the nature and extent of the exceedance, and they make a finding as to whether or not the exceedance was a highly irregular or infrequent event. If it is determined that the exceedance was an exceptional event caused by an act of nature or unusual human activity, it is deemed an exceedance and not a, violation. Similarly, if the exceedance is an extreme concentration event City of Ukiah Skate Park Project February 25, 2009 15 INITIAL ENVIR®IdN1E1VTAL STUDY (unusual meteorology) al v unusual concentration event (an anomalous exceedance which qualify as an exceptional event or extreme concentration event), it is not regarded as a violation, not the designation for the area does not change, n, and The ARB will designate an area as attainment for a pollutant if the data show that the S for that pollutant was not violated during the previous three 3 fate standard by highly irregular or infrequent events are not consideredyvolationsain, exceedances affected considered in the area designation process. As a result, an area may have measured conce that exceed a State standard and still be designated as attainmen and, therefore, are not t ntrations A District that becomes designated as nonattainment for ozone, carbon monoxide, sulfur dioxide is required to develop a plan for attaining the State standard for that particular The plan must be submitted to the State Air Resources Board A nitrogen dioxide, or ARB has indicated that an attainment Ian (RB) for review and appro al.lu tantThe expensive. P ,Particular(y one for multiple pollutants can be very Another possible consequence of a nonattainment designation is the ability to le fees conditions. Nonattainment Districts are authorized to le vy under certain registered in the District for the purposes of California Clean Air Act mplementat o0 on motor vehicles operates a monitoring site in Ukiah measuring concentrations of Existing Air Quality in Ukiah: The Mendocino County Air Quality Management District PM -10. Prior to August of 1 District also monitored several gaseous pollutants in Ukiah. In August o (MCAQMD) established a multi -pollutant monjtoring site in Ukiah for gaseous pollutants which g 988 the carbon monoxide, nitrogen dioxide and sulfur dioxide. g f 1992 the measures ozone, District again Air quality in Ukiah meets all Federal and State air quality standards with the exception of 24-hour PM -10 standard. This standard was exceeded on 3 days in 1990 2 d P the State 1992, 2 days in 1993, and 1 day in 1994. No exceedances have occurred since 1994, days in 1991, 0 days in PM -10 include field burning, dust from unpaved roads and grading operations, comb Sources of automobiles. 54 of the 58 counties in California are designated non -attainment for PM - means that most of the California air basins exceed the permitted 24-hour co ustion,, and does not require an Attainment Plan for jurisdictions that violate the P _ 10, which concentration. The ARB M 10 standard. Ozone is one of the most serious pollutants affecting the State, and 30 of the 58 designated non -attainment. While Mendocino County is attainment for ozone, the Ukiah (East are Street} sampling station has shown a steady increase in the annual hours of ozone kia East Gobbi the 40, 50, and 60 parts per billion thresholds since 1993 (see Table 2). els exceeding (State standard = 90 ppb) threshold has been exceeded twice over the past 4 years. Ho upon 1993-1995 data, the ARB has assigned Ukiah an twice Additionally, the 80 ppb level of 74 ppb, which means that any values above 70 Wever, based "Expected* Peak Day Concentration" (SPDC) Process as extreme concentrations. Regardless of the Ppb designation and hexcluded from e EPDC status ozone remains as one of the two pollutants of primary concern to the Mendocino CountyAir Management District. The major sources of ozone precursors are combustionC status, factories, automobiles, and evaporation of solvents and fuels. The second Quality particulate matter (discussed below). ollsources such as, nd pollutant of concern is City of Ukiah Skate Park Project February 25, 2009 16 INITIAL ENVIRONMENTAL STUDY Other State criteria pollutants measured in Mendocino County have routinely had maximum concentrations well below the applicable Federal or State standards. The only other pollutant of significant concern is Carbon Monoxide (CO). The local threshold for point source production of CO is 550 pounds per day. Carbon Monoxide (CO) is an odorless, colorless gas whose primary source is automobiles. Concentrations of CO measured in Mendocino County have never exceeded State or Federal standards, and current maximum concentrations measured in Ukiah are well below the applicable standards. Project Characteristics in Relation to Air Quality: The project is expected to generate typical short-term air quality impacts (PM-10/dust) during site preparation and grading activities. In addition, some vehicle emissions will be produced from heavy equipment, and ultimately from vehicles associated with driving to and from the skate park. The project is not expected to generate significant amounts of pollutants that would form ozone and cause an exceedance of state or local standards, because traffic generation is expected to be low. Traffic would be generated for drop-off and pick-up of Skate Park users, as well as by users of driving age. However, it is logical to assume that some of these trips would represent existing vehicle trips of drivers transporting existing skateboarders to various locations in the Ukiah Valley, as well as outside the valley to skate parks in other communities. Additionally, it is logical to assume that some Skate Park users would walk/skate to the site, and that drop-off vehicle trips would be reduced because of the Skate Park's close proximity to Ukiah High School and existing Low Gap Park. Based on these factors, Staff is able to conclude that the proposed Skate Park project would not result in a significant amount of ozone pollutant generation. Potential Impacts - Short-term Construction: Construction activities create a wide range of emissions, ranging from exhaust from heavy equipment to the air bound organic gases from any solvents, insulating materials, caulking materials, and "wet" pavement. However, while these emissions may contribute to the accumulation of substances that undergo the photochemical reaction that creates urban ozone, they are not regarded as significant short-term impacts resulting from the Skate Park project because very little, if any of these materials will be used in construction. Dust generated by equipment and vehicles used in construction of the Skate Park would cause the most substantial short-term construction -related air quality impacts. Fugitive dust is emitted both during site preparation, grading, and construction activity and as a result of wind erosion over exposed earth surfaces. Construction dust impacts are extremely variable, being dependent upon wind speed, soil type, soil moisture, the type of construction activity and acreage affected by the construction activity. The highest potential for construction dust impacts typically occur during the late spring and summer, and early fall months when soils are dry. These small particulates are respirable particulates that can increase the risk of chronic respiratory disease, and can alter lung function in children and the elderly when distributed in large enough concentrations. It can also rise into the lower troposphere and contribute to the production of ozone. Based on the project plans, a relatively small portion of the site will be disturbed in association with the construction of the Skate Park at this location. While this is not a substantially large area, the site preparation activities required for this project could cause potentially significant levels of dust (PM -10) if exposed soils are left unattended. City of Ukiah Skate Park Project February 25, 2009 17 INITIAL ENVIRONMENTAL STUDY Mitigation Measures: 4. All activities involving site preparation, excavation, filling, and construction of the Skate Park shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. 5. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 6. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 7. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. 8. All earth moving and grading activities shall be suspended if wind speeds (as gusts) exceed 25 miles per hour. instantaneous Impact Significance AfterMitigation: Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will not cause or substantially contribute to an existing or projected violation of State PM -10 standards. 3 =AE OU11 soil R;1 all I ►{tel `1 Would the project:Impact Potentially Significant Less Than Significant with Mitigation Less Than Significant No a) Have a substantial adverse effect, either directly or Inco orated Impact p acf through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or ❑ ❑ [] regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or [] regulations or by the California Department of Fish ❑ ® ❑ and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally Protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct ❑ ❑ [] removal, filling, hydrological interruption, or other means? City of Ukiah Skate Park Project February 25, 2009 18 M 7 M 4. BIOLOGICAL RESOURCES Potentially Less Than Less Than Would the Significant Impact Significant With Mitigation Significant No Impact Impact project: Incorporated d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory ❑ ❑ ❑ wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community ❑ ❑ ❑ Conservation Plan, or other approved local, regional,or state habitat conservation plan? Discussion: The project site is an approximate 2 -acre open grassy area that was overlain with fill soil material in the past. The site has been used recreationally as a volleyball facility, walking area, dog "run," and other uses. Site investigations and a review of resources maintained by the Department of Planning and Community Development' reveal no sensitive biological or important habitat areas other than the important corridor along Orrs Creek which runs west to east along the southern edge of the site. Significance Criteria: Project impacts upon biological resources would be significant if any of the following resulted: ® Substantial direct or indirect effect on any species identified as a candidate, sensitive, or special status species in plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service or any species protected under provisions of the Migratory Bird treaty Act (e.g. burrowing owls); ® Substantial effect upon' sensitive natural communities identified in local/regional plans, policies, or regulations or by the agencies listed above; ® Substantial effect (e.g., fill, removal, hydrologic interruption) upon Federally protected wetlands under Section 404 of the Clean Water Act; e Substantially interfere with movement of native resident or migratory wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; ® Conflict with any local policies/ordinances that protect biological resources (e.g., tree preservation policy or ordinance); City of Ukiah Skate Park Project February 25, 2009 INITIAL ENVIRONMENTAL STUDY Potential Impacts; The design of the Skate Park is contained to the open previously disturbed grassy area of the site and is purposefully avoiding the existing trees and riparian area along Orrs Creek. It will be important for all site preparation and construction activities to occur carefully to avoid significantly impacting Orrs Creek and its biological resources. Accordingly, mitigation measures are recommended that would require all site preparation and construction to be setback from the creek as shown on the submitted plans. Additionally, a comprehensive erosion control plan is required to preclude erosion and siltation into the creek. City of Ukiah Skate Park Project February 25, 2009 M INITIAL ENVIRONMENTAL STUDY MitigationMeasures: 9. All site preparation and construction activities shall be setback from the top of creek bank as depicted on the submitted site plan. Minor modifications may be approved by the Director of Planning and Community Development provided it can be clearly demonstrated that no impacts would occur to Orrs Creek and its riparian corridor. Site preparation and construction activities shall not disturb the riparian corridor along Orrs Creek. 10. Prior to the commencement of site preparation and construction activities, the applicants shall consult with the State Department of Fish and Game to determine if a streambed alteration agreementJpermit is required. (Please see additional biological related mitigation measures in the HydrologyMlater Quality Section below) Impact Significance AfterMitigation: Insignificant. The recommended mitigation measures would preclude impacts to Orrs Creek and existing trees and vegetation along the creek. The site preparation and construction activities would occur on previously disturbed areas used in the past for some recreational activities. 5. CULTURAL RESOURCES Less Than Potentially Significant Less Than Significant With Significant No Would the project: Impact Mitigation Impact Impact Incorporated a) Cause a substantial adverse change in the significance of a historical resource- as defined in ❑ ❑ ❑ 0 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant ❑ ❑ ❑ to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic ❑ ❑ ❑ ED feature? d) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ 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. 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; City of Ukiah Skate Park Project February 25, 2009 21 INITIAL ENVIRONMENTAL STUDY ® 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. Potential Impacts: Figure V.3 -DD of the Historic and Archaeological Resources Element contained in the General Plan (below) indicates that the subject property is situated within an area of high cultural resource sensitivity. These areas are generally located along streams, springs, and mid -slope benches above watercourses. However, the Geotechnical Investigation, which involved the digging of deep trenches, found that the entire site contains fill material averaging five feet in depth and possibly as deep as thirteen feet. The fill material is comprised of trash and debris, plastic, glass, metal, and concrete. Ukleh Valle G.111 eLER, antl Gmwth.l,{e,upenwM Ptome, V:3. Htaforfo antl Ar 41-101 colcal Riwut s d Pape•2 �� °/ Ukhh MentloNno County, Calltomh Ar cultural Areas with only have 1! be cW,..Jl Aaraaa orh/ph jjrchk.o/agteal antygl(hdty; AOCplee Dy rie ryCountll Demmbet8, to@5 City of Ukiah Skate Park Project February 25, 2009 22 • �A The Geotechnical Investigation concluded that the fill material was old and well consolidated, exhibiting high relative shear strength. Community Services Department Staff have indicated that the proposal will involve removing trash and debris, but utilizing the old fill soil material on-site. The skate structures will be constructed at a depth of approximately five feet and protrude approximately 4 feet above grade. Accordingly, it is unlikely that the excavation and construction will be founded entirely on the native soil on the site or possible cultural resources. However, to ensure that potential resources are not significantly impacted, a standard mitigation measure is recommended that would halt construction in the event of a discovery, and require the applicants to hire a qualified archaeologist to evaluate the resources and develop mitigation measures as appropriate. Mitigation Measures: 11. 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. Impact Significance AfterMitigation: This mitigation ensures that cultural resources will not be adversely affected. The impact is reduced to a level that is not significant. 6. GEOLOGY AND SOILS Less Than Potentially Significant Less Than No Significant with Mitigation Significant Impact Impact Incorporated impact Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or ❑ ❑ ❑ death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other ❑ ❑ ❑ substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ® 0 ❑ iii) Seismic -related ground failure, including ❑ ® ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ® ❑ b) Result in substantial soil erosion or the loss of ❑ ® ❑ ❑ topsoil? City of Ukiah Skate Park Project February 25, 2009 23 INITIAL ENVIRONMENTAL STUDY 6. GEOLOGY AND SOILS Potentially Less Than Less Than Significant Significant Significant No Impact Impact with Mitigation g Would the f0'@Ct: Incorporated Impact 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 [� ® ❑ n 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 property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available ❑ ❑ ❑ for the disposal of wastewater? Discussion: The Ukiah Valley is part of an active seismic region that contains the Maacama Fault, which traverses the valley to the east and north of the City. 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 upon information contained in the Geotechnical Investigation prepared by Rau and Associates, dated August 27, 2002, the underlying soils on the site are described as Quaternary (Late Pleistocene Epoch to early Holocene Epoch) non -marine terrace deposits. Terrace deposits are sedimentary deposits laid down by rivers or streams which are topographically higher in elevation that the current baseline elevation of the river or stream which laid down the deposits. The Rau Investigation indicated that additional mapping by the California Department of Mines and Geology for the Western Ukiah Area suggests that the older Quaternary soil is described further as alluvium characterized by moderately indurated sand, gravel, and silt. The Rau Investigation concludes that the light structural loads of the skate structures are judged to be low enough as to require minor reprocessing of fill soils and that any native soil used for support are adequate for the project. However, it does contain a number of recommendations regarding slope setbacks, grading, site preparation, the reprocessing of fill materials, etc. These recommendations are deemed important and necessary to avoid soil and geology related impacts. City of Ukiah Skate Park Project February 25, 2009 24 IF -11 Alluvium IOty YCurider continentaltertacedepaolls Oto IXderaonllnenNilerrece tlepoeils Continental lWaca deposlle, undifferandaled CTC Con llibotal buein depoalla Finadpcea G."., Coaeial licit KJI central bail Holocene '1 Plei�oeew (-Flelatocppe J oqd WWbens INITIAL ENVIRONMENTAL STUDY CRY OF UKIAH 40 W IAP RPM 3-Tgnlary and Gratecepus SKAjE.0%b PARK }•Gniieaeaus and Juraeala RAU ANC ASSOQIATES, IHC. P.Q.BCXA+l, UKIAti, Qf.G85Aik" C13NTArT—trashed Wttete approximildly located DATE JOB IJb. APPENIM SEPT., 2GG2 Rd2= ASOF3 --— — Approximately Icoeled; dolled whets eoncseted. sue led 6?1ara unuitnin Soils Map from the Rau & Associates Site Reconnaissance and Preliminary Geotechnical investigation 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 property 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 Skate Park Project February 25, 2009 25 INITIAL ENVIRONMENTAL STUDY Potential Impacts: Based on the Rau Geotechnical Investigation, staff is able to conclude that while the project could potentially result in significant adverse impacts to area and site soils andeology, these impacts can be successfully mitigated. The potential impacts, as described in the technic studies, include soil erosion and slope and soil instability. al The Rau Investigation indicates that the subject Earthquake Fault Zone, so there is no known earthquake fault that s capable of surface displacement is not situated in an running across the site. However, due to several nearbyactive faults, Seismic Zone 4 by the Uniform Building Code (1997 Edition), and may besubjecttogmoder withinto strong ground motion during the life of the project. a to Mitigation Measures: Based on the recommendations contained in the submitted Rau Geotechn' Investigation, staff is recommending the following mitigation measure to off -set the identified impacts related to geology, soils, and seismicity: pacs ts 12. All recommendations contained in the Site Reconnaissance and Prelimina Geotechnical Investigation, prepared by Rau and Associates, Inc., dated August 27, 2002 sh III el incorporated into project and/or implemented during all site preparation, grading, and construction activities. These recommendations are contained on pages 8-13 and address slope setbacks, reprocessing of fill soils, grading/site preparation, seismic force parameters support for shotcrete or poured slabs, soil design parameters, pavement structural section and drainage. ' Impact Significance After Mitigation: Based upon the comprehensive nature of the recommended Mitigation measures, staff is able to conclude that the project, as mitigated, will not cause signifi impacts related to geology, soils, and seismicity of the site and surrounding area. cant Would the a) Create a significant hazard to the Public environment through the routine transport, use, or disposal of hazardous materials? Potentially Less Than Significant Significant Less Than Impact p With Mitigation Significant Incorporated Impact El 0 ❑ 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? City of Ukiah Skate Park Project February 25, 2009 C ❑ ❑ ❑ No Impact INITIAL ENVIRONMENTAL STUDY 7. HAZARDS & HAZARDOUS MATERIALS Less Than Potentially Significant Less Than No Significant with Mitigation Significant impact Would the project: Impact Incorporated Impact 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. Based on field review, and the review of contaminated site listings maintained by the City, it has been determined that the project site is in a clean and healthy state and not contaminated with toxic or hazardous materials. 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; City of Ukiah Skate Park Project February 25, 2009 27 Potential Impacts: The. project does not involve INITIAL ENv►RONIVIENTAL STUDY the transport, use, or disposal of hazardous materials, and therefore would not meet any of the criteria listed above. Investigation did find that the site contained old till material that did include trash man-made _materials. However, these materials are not regarded as The Geotechnical significance criteria above. Accordingly, Staff is able to conclude and debris and other have a significant adverse impact on the environment hazardous and do not meet the materials. significant further analysis or mitigation is required w that the proposed project would not and the public associated with hazardous q with respect to this issue. Mitigation Measures: None Impact Significance After Mitigation: NIA 8. HYDROLOGY AND WATER QUALITY Would the project: Potentiaiiy Less Than Significant Significant Less Than Impact with Mitigation Significant No a) Violate any water quality standards Incorporated impact impact or waste discharge requirements? ❑ b) Substantially deplete groundwater supplies or interfere substantially with groundwater ❑ ❑ recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of ❑ pre-existing nearby wells would drop to a level which would ❑ ❑ not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial eroslon or siltation ❑ ❑ or off-site? on d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a ❑ manner which would result in flooding on- or ❑ ❑ off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ❑ Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood ❑ ❑ hazard delineation map? (Source: City of Ukiah Skate Park Project February 25, 2009 28 r 8. HYDROLOGY AND WATER QUALITY Less PotentiallySignifiThan Potentially Significant cant Less Than No Significant Impact with Mitigation Impact impact Would the project: incorporated h) Place within a 100 -year flood hazard area structures which would impede or redirect flood ❑ ❑ ❑ flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including ❑ ❑ ❑ flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Discussion: Three major creeks flaw through the City on their way to the Russian River, with adjacent areas identified by the Federal Emergency Management Agency (FEMA) as being potential 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. Domestic water quality, as well as the quality of creek waters in the City is rated as very good. In the case of the proposed project, sufficient water for fire protection and domestic use (drinking fountains) are available to serve the project. 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 sourceof pollution; located on a 100 -year floodplain; or expose people to hydrological hazards such as flooding or inundation by seiche, tsunami, or mudflow. Potential Impacts - Creeks and Water Quality: The proposed skate park is situated adjacent to the creek bank along Orrs Creek. The site planning and layout for the facility was carefully designed to avoid impacting the creek. The facility is setback in excess of 60 -feet along the south, but as the creek turns north, the bank comes as close as 15 -feet to the southeast corner of the facility. It should be noted that the bank is wide and benched and the actual creek is in excess of 100 -feet from the facility. No riparian vegetation would be disturbed as a result of the project, and in fact, a component of the project is to replant areas along the top of the creekbank with native trees and grasses. Construction activities could result in siltation into Orrs Creek if measures are not taken to prohibit erosion. Accordingly, Staff is recommending that an erosion control plan be prepared and implemented to ensure no erosion occurs and no silt flows into Orr's creek. Based on the design of the project, it is concluded that as mitigated, it would not adversely impact Orrs Creek. City of Ukiah Skate Park Project February 25, 2009 29 ---- - -,ft OIL=. FloodHazards: The Rau Geotechnical Investigation indicates that the FEMA flood insurance do not indicate that the site is within a floodway of flood or floodplain (FEMA FloodInsurance Rate Map, City of Ukiah, Mendocino County, Panel' 1 of 2, Community Panel 0601860001E, Revised August 5, 1985. Eased on this technical information, it is concluded that the project is not subject to flood hazards. Wastewater: The project includes the construction of a public bathroom structure to dispose of wastewater. The bathroom will be connected to the public sanitary wastewater system. Accordin I it is concluded that the project will not have a significant adverse impact on the environment. g y, City of Ukiah Skate Park Project February 25, 2009 RE INITIAL ENVIRONMENTAL STUDY Mitigation Measure: 13. Prior to any site preparation, excavation, filling, roadwork, grading, or construction activities, the applicants shall submit, and have approved by the City Engineer; a comprehensive Erosion Control Plan. The comprehensive Erosion Control Plan shall include, but not be limited to the following: a. A description of the sequence of construction of the development site stripping and clearing; rough grading; construction of utilities; infrastructure, and buildings; and final grading and landscaping). The sequencing shall estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. b. A description of all erosion and sediment control measures necessary to adequately control erosion along the Skate Park structure and all other areas disturbed as a result of the project. c. Specific measures to ensure no erosion will occur into Orrs Creek. d. Provisions for both short and long-term maintenance of erosion control facilities. e. The City Engineer shall have the authority to require modifications to the submitted Erosion Control Plan that will ensure adequate erosion control. f. Any other elements required by local, State, or Federal law. Impact Significance AfterMitigation: Based on standard engineering practices, it is concluded that a comprehensive Erosion ControlPlan found acceptable by the City Engineer will successfully reduce all potential erosion related impacts to levels of insignificance. 9. LAND USE AND PLANNING Potentially Less Than Less Than Significant Significant Significant No Impact with Mitigation Impact impact Would the project: p Incorporated p a) Physically divide an established community? ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general ❑ ❑ plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? City of Ukiah Skate Park Project February 25, 2009 31 INITIAL ENVIRONMENTAL STUDY 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. 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 planning 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 Ukiah Skate Park: Me rh ftrlrw Countytlklefi Palley, General Plan . _--- --- - -- ,.z. o a�7E"SP"A Cotnmunity which is aware of who and what we are, living i itellige.ntly within our litnits and in hannony with Mural processes: We envision a way of Iife based on racy - cling and ir<euse taYhb.r 'thin trots -away. . consumption. We vnvb1on Cat]vCttit n[ public tranSporution. We envision a conununity'that respects cultural 3E, 1��l�tn�ily stts�atnsble` diversity, historical places; and valuable traditions: we envision creative hutnatt .servic' and effective public safety. We envision it&t tf intellectually sound educational institutions that inspire citizenship and academic growth. We envision good planes for young people to be and constructive things for them to do. We :envision onsive governriierlt. And, at the heart of everything, we envision a community built on a share oncern for the quality of life that has brought us to this special Mace. WE ENti7S10 *1 A . PMENT that complements rather than compromises the xiaturtil beauty of this valley. We vision pleasant places for people to come together: , beautiful public Apices, streets with nery and good design, and a downtown plaza. We envishon otttdaor ... recreational development, including trees and shady spaces for ztnd� ' people TQ enjoy. :envision s4hetieally designed., $ffordaiije ...:` `. , : ,_ fit housing, plaruied to encourage walking, bicycling,, and public transit. We envision rite aw a fs enviWonment of cottitrlercial development along highways and, roads, especially through tree planting We envision agricultural lands and native greoneFy m tine Valley enhancing and conserving the natural beauty. woven into places we go everyday. The Vision Statements include the following language: "We envision good places for young people to be and constructive things for them to do." "We envision pleasant places for people to come together, beautiful public places..." "We envision outdoor recreation development..." City of Ukiah Skate Park Project February 25, 2009 32 INITIAL ENVIRONMENTAL STUDY Staff is able to conclude that the proposed outdoor Skate Park is consistent with these Vision Statements. Significance Criteria: Significant land use impacts would occur if the project substantially conflicted with established uses, disrupted or divided an established community, or 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. Potential Impacts: The Ukiah General Plan designates the subject property as "Recreation" and it is within the boundaries of Low Gap Park. The proposed project involves a recreation activity to be established in the park along with other existing recreational land uses. The Goals and Policies of the Parks and Recreation Element of the General Plan identifies Low Gap Park as an important regional park facility and recognizes its valuable multiple uses. Accordingly, it is concluded that the proposed project is consistent with the provisions of the Ukiah General Plan. Mitigation Measures: None Impact Significance AfterMitigation: N/A 10. NATURAL and MINERAL RESOURCES Potentially Less Than Significant With Less Than No Significant Impact Mitigation Significant impact impact Would the project: incorporated 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: As the nation, state, and local area's populations grow, the demand for raw materials increases. To meet this demand, mining activities and use of natural resources can be expected to increase in scope and diversity. Locally important natural and mineral resources include heritage trees, gravel, sand, etc. 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: According to resources maintained by the Department of Planning and Community Development, the subject property is not in an area containing large mature trees or any known locally important natural or mineral resources, therefore the development of the proposed Skate Park will not cause impact to such resources. No potential impacts were identified because no mineral resources exist on or near the proposed project site. MitigationMeasures: None City of Ukiah Skate Park Project February 25, 2009 33 INITIAL ENVIRONMENTAL STUDY Impact Significance After Mitigation: NIA 19. NOISE Potentially Less Than Less Than Significant Significant With No Would the ro ect result in: Impact Mitigation Significant p Incorporated Impact Impact 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 grounevelsdborne vibration or groundborne noise ❑ ❑ ® ❑ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ existing without the project? ® ❑ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above ❑ levels existing without the project? ❑ ® ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing ❑ ❑ or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise ❑ ❑ ❑ levels? Discussion: 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. Noise emanating from skate parks varies widely depending upon the number of users at any given time and the time of day the skating activity occurs. Additionally, the determination of whether the noise is detrimental or not is subjective. Some people may enjoy the sounds while others may regard them as a nuisance. The noise is generally characterized as the sound of the skateboards rolling and banging on the concrete, and talking and yelling. City of Ukiah Skate Park Project February 25, 2009 34 INITIAL ENVIRONMENTAL STUDY 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. Potential Impacts: The Ukiah General Plan identifies the significant noise sources in the City as transportation noise from coming from major roadways, railroad operations, industrial plants, and airports. Park and recreation uses are not specifically identified as significant generators of noise. The focus of the Noise Element contained in the Ukiah 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 contained in the Ukiah City Code does not establish a maximum level of noise emanating from park and recreation facilities. However, the site is situated approximately 100 - feet west of the Players Theatre which provides live acting performances and could potentially create noisethat would impact the theatre performances. The applicants have designed the skate park facility with the knowledge that it could produce noise that could potentially affect the theatre. The spectator area for the skate park has been purposefully located away from the theatre adjacent to the existing tennis courts in excess of 200 -feet away. Additionally, a row of native oak trees are proposed for the property line between the two land uses which will act to attenuate any noise. It should be noted that the theatre office building is located between the two land uses, which will also act to attenuate noise. Finally, it is noted that the skate park will only be open during daytime hours and will be closed and locked during evening and nighttime hours. This in and of itself will eliminate any noise conflicts between the two uses during evening stage performances. Based on these design features, it is concluded that the proposed project will not violate City noise standards or noise goals and policies contained in the General Plan, nor will it create significant amounts of noise that would adversely impact adjacent land uses. Short-term noise impacts are expected during the actual construction of the project, but because of the distance (approximately % mile) from residences below the site, it is not anticipated that these sounds would be significant. Staff notes that several complaints concerning truck noise were received were received from valley residents during the construction of the Hull residence, but these complaints were centered on truck traffic near residences before 7:00 a.m., and were immediately addressed through the standard noise control standards of the Ukiah Municipal Code, which are described above. Staff anticipates that these standards will be included as standard conditions of approval for the project, but they are not required as mitigation of an environmental impact. No further analysis or mitigation measures are recommended with respect to this issue. Mitigation Measures: 1. - .ImpactSignificance Mitigation: j City of Ukiah Skate Park Project February 25, 2009 35 Would the a) 11 11119J10" 01111 1 fell 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? INITIAL ENVIRONMENTAL STUDY Potentially Less Than Significant Significant With Impact Mitigation incorporated Less Than Significant No Impact Impact ■ ►ZI Discussion: The 2000 census indicates that the population of Ukiah is 15,597 persons, with a slow and stable growth rate. The population has not changed much in the past several years, and it has only been very recently that it appears to be noticeably increasing. The 1995 General Plan projected a population of 17,291 for the year 2000, which is 1694 more than the current population. 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: The proposed recreation project would not displace or add housing and would not induce growth, therefore no impacts to population of housing would result from implementation of the proposal. Mitigation Measures- None Would the project result in: Potentially ess Than Significant Significant Impact With Mitigation Incorporated 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 City of Ukiah Skate Park Project February 25, 2009 Kf Less Than Significant No Impact Impact I 13. PUBLIC SERVICES Less Than MEMEMENMEMEEMEEM Potentially Significant Less Than No Significant with Mitigation Significant impact Would the project result in: impact Incorporated impact services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ® ❑ 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. Significance Criteria: Impacts to public services 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: Staff discussed the proposed project with the City Police, Parks, Utilities, and Fire Departments, as well as with the Ukiah Unified School District. 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 future residents of the five -parcel subdivision. However, concern was expressed regarding the visibility of the site because of the three pine trees located on the northern portion of the project site. City Community Services Department: Discussions with the City Community Services Department reveal that the proposed project 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 current 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 electrical generation sources, nor will it cause the need for additional staff to maintain the current City -owned electric service facilities. The amount of electricity needed by the Skate Park is minimal and is available from current generation capacity. City Fire Department: The City Fire Department indicated that it could provide adequate fire protection service to the future Skate Park in the proposed location and that the project would not require additional personnel or equipment. The Fire Marshal expressed concern about access and exiting the skating bowls and other features of the facility. If not designed properly, transporting an injured skater out of one of the bowls could be problematic. While not regarded as a significant adverse environmental impact, it is noted that final design plans should consider this concern. City of Ukiah Skate Park Project February 25, 2009 37 Mitigation Measures: None Required. Impact Significance After Mitigation: N/A 14. RECREATION Would the orniart= 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? INITIAL ENVIRONMENTAL STUDY Potentially Less Than Significant Significant Less Than Impact with Mitigation Significant No Incorporated Impact Impact ❑ ❑ ® ❑ 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? /O n Discussion: Recreation resources in the City of Ukiah are abundant and well the City limits there are substantial recreational resources and open space areas Outside general public. as available to the Significance Criteria: Impacts to recreation would be significant if the project resulted upon the quality or quantity of existing recreational opportunities or required the in an impact creati recreational facilities. on of new Potential Impacts: The proposed project is a recreational project and Provides recreational resource to the City and surrounding area. It is proposed in an existing variety or recreational elements and will complement those elements p es a new park with a and needed at the park facility. Accordingly, it is concluded that the proposedProjectwell as diversifthe offerings impact on recreational resources. would not have an adverse The City Community Services Staff have indicated that the Skate Park would staff resources to manage and maintain. It is a low maintenance capacity to provide ongoing maintenance activities. Accordingly, it is not require additional Project would not adversely impact Staff resource facility and there is sufficient Staff concluded that the proposed facilities. s dedicated to maintaining local recreational MitigationMeasures: None Impact Significance After Mitigation: None City of Ukiah Skate Park Project February 25, 2009 38 15. TRANSPORTATION/TRAFFIC Less Than Potentially Significant Less Than No Significant with Mitigation Significant Impact Would the project: Impact Incorporated Impact a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial ® ❑ 0 increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level 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. Potential Impacts ® Traffic Congestion: Low Gap Road, which serves the existing Low Gap Park and proposed site of the Skate Park, is usually lightly traveled and according to Department of Public Works Staff it operates at a level "K most of the time. However, during the morning High School peak hours (7:15 am to 7:45 am and 2:30 pm to 3:00 pm) it nearly reaches capacity on Low Gap Road, which falls to an approximate operational level of °D" or "E." This High School beginning and City of Ukiah Skate Park Project February 25, 2009 39 of service standard established by the county ❑ ❑ ❑ congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that result in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus ❑ ❑ 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. Potential Impacts ® Traffic Congestion: Low Gap Road, which serves the existing Low Gap Park and proposed site of the Skate Park, is usually lightly traveled and according to Department of Public Works Staff it operates at a level "K most of the time. However, during the morning High School peak hours (7:15 am to 7:45 am and 2:30 pm to 3:00 pm) it nearly reaches capacity on Low Gap Road, which falls to an approximate operational level of °D" or "E." This High School beginning and City of Ukiah Skate Park Project February 25, 2009 39 ending Occurrences are short-lived and limited to the week days during the school year. . The primary intersection affected by the short-lived traffic is Low Gap Road and Bush Street. At this intersection, vehicles disperse to the east, south and north. Because of the short-term nature of the traffic, as well as its disappearance during the weekends, holidays, and summer months, it is not regarded as significant adverse impacts in need Of mitigation. Potential Impacts - Parking: There are approximately 60 parking spaces located n the 0 par ark' lots adjacent to the existing tennis courts and Ukiah Players Theater facility. As a result of the project, 1 two k the two parking lots would be combined and reorganized to improve traffic flow and safety. Field observations conducted by City Staff on 3 separate Sunday afternoons revealed heavier usage of the parking lots than during weekdays or Saturdays. This is due to Sunday matinee theatre performances (occasional), tennis court users, and Low Ga users converging on the area at the same time. While observations revealed that the parking P Park than observed during the week. lots were not full, they Were more congested Information skate park arrive via s design conc foot of Skat ided by the Ukiah Commuhitv Services Department reveals that Parking der IeS is typically low and that the majority of skate boarders are either dropp, boards. This information includes a Statement from the Professional Sk, is who indicated that the Industry standard is .75 Parking R. this would result in a demand for -t spaces per 1, oor rY Or Ukiah Skate Park Project 0 spaces for the Proposed 20, 0 City February 25, 2009 Er, INITIAL ENVIRONMENTAL STUDY foot facility. The information also included a parking analysis conducted by the City of Costa Mesa, a City of 114,000 people, which concluded that the peak parking demand for their particular 15,000 square foot Skate Park would be 31 spaces. Staff is able to conclude that the parking demand for the Ukiah Skate Park which in reality will serve not only City residents, but also skaters from the surrounding Ukiah Valley would reasonable demand approximately half of what the City of Costa Mesa Skate Park demanded, which would also be consistent with the industry standard of 14-15 per 1,000 square feet of facility. Theater performances are typically scheduled for 7:00 pm in the evening when the tennis courts, future skate park, and other park facilities are closed. As indicated above the only anticipated overlap would be on an occasional 2:00 pm Sunday theater matinee performance, and field observations reveal that the existing number of parking spaces is more than adequate to accommodate the overlap of theater goes, tennis court users, disc golf players, and other users of the park. With the anticipated low demand for parking spaces associated with the future skate park, it is concluded that the updated and reorganized parking facility will be adequate to accommodate all users of Low Gap Park. USE PARKING SPACES PROVIDED T heater 25 Tennis Courts 4 Other Park Uses 16 Skate Park 15 TOTAL 60 MitigationMeasures: None Impact Significance AfterMitigation: N/A 16. UTILITIES AND SERVICE SYSTEMS Potentially Less Than Less Than Significant Significant With Mitigation Significant No Impact Impact p Incorporated Impact p 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 existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water the project from resources, or are ne needed? City of Ukiah Skate Park Project February 25, 2009 supplies available to serve existing entitlements and N or expanded entitlements 41 ❑ ❑ ❑ ❑ ❑ ❑ OREEK07 INITIAL ENVIRONMENTAL STUDY 16. UTILITIES AND SERVICE SYSTEMSLess Than Potentially Less Than Significant Significant No Impact with Mitigation Significant Would the M ect: p Incorporated Impact Impact e) Result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project's projected demand in addition to the Provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ R ❑ � t1 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 servi project site. ces are available to serve the 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 al to existing facilities. Y alteration Impacts: The project has limited demand for utility services. Electrical service will be needed for security lighting, and water and sewer service for bathroom and water fountain facilities. Because all utility services are available to serve the project, as well as the limited demand, it is concluded that the cause substantial project would not require the development of new systems or usantial physical alterations upgrades to existing utility infrastructure. or Mitigation Measures: None Impact Significance AfterMitigation: N/A 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 Mitigation Monitoring and Reporting Table is included as Attachment applicants to incorporate or comply with the Mitigation Measures listed in the document. The 1. City of Ukiah Skate Park Project February 25, 2009 42 INITIAL ENVIRONMENTAL STUDY Potentially Less Than Less Than No Significant Significant With Significant Impact Impact Mitigation Impact Does the project: Incorporated 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 Skate Park Project February 25, 2009 43 1 2 3. 4. 5. 6. 7. 8. INITIAL ENVIRONMENTAL STUDY City of Ukiah General Plan, 1995 The Linka a Between Land Use Trans ortation and Air Quali ,State Air Resources Board, 1993. The Land Use - Air Qu Resources Board, 1997. Research Project, Stato mini e Air Resources�Boa dggLes t 19,95. November, 1998. State Air Sonoma Technologies, Inc., General Pian Revision and Growth Management Plan Technical Report: Natural Habitat Section Michael W. Skenfield, October, 1991 Department of Agriculture - Soil Conservation Serve e, January, 1991 U.S. A Histor of the Salmonid Decline in the Russian 1996. River, Steiner Environmental Consulting, August, , 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. Site Reconnaissance and Preliminar Geotechnical Il: ei ation for Develo rr 1041 Low Ga_, Rau and Associates, Inc., August 27, 2002. 14. Discussions with the following City staff and Agency representatives: a. Chuck Yates, Fire Marshal b. Sage Sangiacomo, Director of Community Services c. Rick Sands, Sewer/Water Engineering Specialist d. Mel Grandi, Electrical Distribution Engineer e. Tim Eriksen, Public Works Director/City Engineer f. Chris Dewey, Police Chief ATTACHMENTS 1. Mitigation Monitoring and Reporting Verification Matrix 2. Site Reconnaissance and Preliminary Geotechnical Investigation 3. Landscaping/Planting Plan City of Ukiah Skate Pa— r p ect February 25, 2009 0 INITIAL ENVIRONMENTAL STUDY t T�,_ =T, - MITIGATION MONITORING HOW AND WHEN VERIFICATION FUNDING MEASURES RESPONSIBILITY RESPONSIBILITY Measures 1-3 Planning and Prior to the issuance for Aesthetics Community of a building Permit Planning Applicant and Visual Development and during site Department Staff Quality Department Staff preparation and construction activities Initial: Measures 4-8 Planning and During site for Air Quality Community preparation and Planning and Applicant Development construction Public Works Staff Department and activities Public Works Staff Initial: Measures 9-10 Planning and During site for Biological Community preparation and Planning and Applicant Resources Development construction Public Works Staff Department and activities Public Works Staff Initial: Measure 11 for Planning and During site Cultural Community preparation and Planning and Applicant Resources Development construction Public Works Staff Department and activities Public Works Staff Initial: Measures 12-13 Planning and Prior to site for Geology and Community preparation and Planning and Applicant Soils Development construction Public Works Staff Department and activities and during Public Works Staff construction Initial: City of Ukiah Skate Park Project February 25, 2009 45 W 0 z O m l Y Q a 2 W m Li Ir inP- Ln cn QO �< a a(n Q z v Q O .. o� a v N D ° O 3 0 _ O w v ir v F v v x Q FQ- 5 Q z w En O v Ld W k w z Q z pQO Ix *gp a cn ,, co r ea ! Introduction ..................................................... Document Distribution .............. List of Commentors.......................................................................................................................2 Review and Decision-Making Process..............................................................................................2 Response to Comments................................................ Conclusion............................................. Attachments.......................................................................................:...4 1 • Comment Letter 2. List of Recommended Mitigation Measures 3. Notice of Document Availability 1 i. :•N •►J On February 25, 2009, staff completed an Initial Environmental Study of the proposed Ukiah Skate Park project. The results of this study found that the proposed project could create significant adverse environmental impacts. However, Staff was able to identify mitigation measures to eliminate or significantly reduce these impacts, and therefore a Mitigated Negative Declaration was prepared for the project. A thirty (30) day public review period was established from March 2 through March 31, 2009, and notice of the availability of the document for review was published in the Ukiah Daily Journal, distributed to neighboring property owners, provided to all persons expressing an interest in the project, and posted on the property. II. DOCUMENT DISTRIBUTION The Initial Environmental Study and proposed Mitigated Negative Declaration were sent to the State Department of Fish and Game even though no work was proposed in a creek or any riparian areas. The documents were also sent directly to the Ukiah Unified School District, Mendocino County Executive Office, and Ukiah Players Theater. Copies were also furnished to the Friends of Gibson Creek. At the close of the review period, the only comment letter submitted was from the Friends of Gibson Creek. The Response to Comments document will be distributed to all persons, groups, or agencies that have commented on the proposed Mitigated Negative Declaration prior to the consideration by the decision -makers. The Planning Commission will conduct a public hearing to discuss the proposed Mitigated Negative Declaration and the merits of the project, and will formulate a recommendation to the City Council. The Council will conduct a public hearing and make a decision as to whether or not the Mitigation Negative Declaration is appropriate for the project, and if it is found to be appropriate, the City Council will discuss the merits of the project, the Planning Commission recommendation, public comments, and then take action on the project. IV. RESPONSE TO COMMENTS Letter received from The Friends of Gibson Creek: Comment No. 1: The Friends of Gibson Creek noted that the mitigation measure requiring every effort to be made to preserve and incorporate the existing mature tree in the northwest portion of the site into the final design of the Skate Park, does not include a requirement to protect the trees during construction. They recommend that the mitigation measure be supplemented with additional language requiring the establishment of a tree protection zone, sign, and fencing around the tree to protect it. 0 Resoonse: Staff agrees with The Friends of Gibson Creek and concludes that Mitigation Measure No. 3 must be supplemented to read: 3. "Every effort shall be made to preserve and incorporate the existing mature tree located on the northwest portion of the site into the final design of the Skate Park. Prior to the commencemant ,fcu- Tne tree located in the northwestern portion of the site Comment No. 2: The Friends of Gibson Creek noted that there is no requirement that the final Landscaping Plan include an irrigation system to ensure that the newly planted trees survive. Res onset Staff agrees with Measure No. 1 must be suppleThe Friends of Gibson Creek and concludes that Mitigation The to read: 1. "Prior to the issuance of a Building Permit, a Final Landscaping Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. The Final Landscaping Plan shall be in substantial compliance with the proposed Preliminary All required landscaping shall be planted prior to finanslpectian on' and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The Final Landsca in lan,sall include an automatic dr i 6rri anon s 'stern fior the new/'' larded trees'. 3 Staff has reviewed and responded to the comments submitted on the proposed Mitigated Negative Declaration. The comments suggested supplementing proposed mitigation measures to include requirements for protecting a tree during construction and making sure that the final Landscaping Plan included an irrigation system. Based on the submitted comments, and staff's responses, it is concluded that no new potentially significant adverse impacts have been identified. In addition, while mitigation measures have been supplemented, no new mitigation measures or project modifications are recommended as a result of the submitted comments, and therefore recirculation of the document is not necessary or required pursuant to CEQA Guidelines Section 15073.5. Accordingly, staff is able to continue to conclude that the project, as mitigated, will not have a significant adverse impact on the environment, and that a Mitigation Negative Declaration is still appropriate for the project. n March 31, 2009 MAR 31 2009 City of Ukiah Charles Stump C11yop Department of Planning and PJANN ODEpt Community Development 300 Seminary Avenue Ukiah, CA 95482 Gear Mr. Stump, On behalf of Friends of Gibson Creek I am writing in response to the JniiiaJ Environmental Study City of Ukiah Skate Park Project Law Gap Park Site and wish to make two recommendations in regard to the Mitigation Measures related to Aesthetics. Specifically Page 8 Number 3, "Every effort shall be made to preserve and incorporate the existing mature tree located on the northwest portion of the site into the final design of the Skate Park." The document does not provide any project recommendation to avoid negative impacts during construction of the existing tree referenced on Page 11 of the study in regards to injury of roots, trunk, branches, compaction of soil and grade changes. We recommend that a tree protection zone is created with fencing secured during the duration of construction around the base of the tree with a specific radius determined by a knowledgeable arborist and a sign is posted and maintained throughout construction. On Page 11 the document reads, 'To comAensate for the loss of the two pine trees and the loss of their aesthetic quality, the applicants have designed the landscaping plan (attached) to include the planting of 10 native Oak trees and 4 new Pine trees on the site." We recommend that inigation be included in the landscaping plan to insure these young trees survive the coming summer seasons until they are well established. Trees and native grasses will be an important buffer to the noise and the heat island effect from the concrete. We applaud the City of Ukiah; the Skate Park Committee and Wormhoudt Incorporated on the work that has gone into the design and this document. Orr's Creek has been negatively impacted for decades and we appreciate the care and consideration given to siting a skate park near a riparian area. Sincerely, Linda Sanders Friends of Gibson Creek Aesthetics "Prior to the issuance of a Building Permit, a Final Landscaping Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. The Final Landscaping Plan shall be in substantial compliance with the proposed preliminary plan evaluated herein. All required landscaping shall be planted prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. The Final Landscaping Plan shall include an automatic drip irrigation system for the newly planted trees. 1. Prior to the issuance of a Building Permit, a Final Landscaping Plan shall be submitted for review and approval by the Director of Planning and Community Development or his/her designee. The Final Landscaping Plan shall be in substantial compliance with the proposed preliminary plan evaluated herein. All required landscaping shall be planted prior to final inspection, and shall be maintained in a viable condition to the satisfaction of the Department of Planning and Community Development. 2. The Final Landscaping Plan shall include details regarding the security lighting for the Skate Park. All security exterior lighting shall be subdued, hooded and down- cast, and shall not shine towards the night sky, Low Gap Road, or adjoining land uses. The lighting plan shall include the type and location of fixtures and bulb wattage, and the proposed intensity of the lighting shall be clearly understandable. The applicants shall modify the intensity of the lights as directed by Staff if the brightness exceeds the Planning Commission's expectations. Prior to the on the fence during site preparation and construction activities indicating that the fencing constitutes a tree protection zone. 3. Every effort shall be made to preserve and incorporate the existing mature tree located on the northwest portion of the site into the final design of the Skate Park. Air Quality 4. All activities involving site preparation, excavation, filling, and construction of the Skate Park shall institute a practice of routinely watering exposed soil to control dust, particularly during windy days. All inactive soil piles on the project site shall be completely covered at all times to control fugitive dust. 6. All activities involving site preparation, excavation, filling, grading, and actual construction shall include a program of washing off trucks leaving the construction site to control the transport of mud and dust onto public streets. 2 7. Low emission mobile construction equipment, such as tractors, scrapers, and bulldozers shall be used for earth moving operations. 8. All earth moving and grading activities shall be suspended if wind speeds (as instantaneous gusts) exceed 25 miles per hour. Biological Resources 9. All site preparation and construction activities shall be setback from the top of creek bank as depicted on the submitted site plan. Minor modifications may be approved by the Director of Planning and Community Development provided it can be clearly demonstrated that no impacts would occur to Orrs Creek, existing trees, and/or creek vegetation. Site preparation and construction activities shall no disturb the riparian vegetation along Orrs Creek. 10. Prior to the commencement of site preparation and construction activities, the applicants shall consult with the State Department of Fish and Game to determine if a streambed alteration agreement/permit is required. Cultural Resources 11. 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 Soils 12. All recommendations contained in the Site Reconnaissance and Preliminar Geotechnical Investigation, prepared by Rau and Associates, Inc., dated August 27, 2002 - shall be incorporated into project and/or implemented during all site preparation, grading, and construction activities. These recommendations are contained on pages 8-13 and address slope setbacks, reprocessing of fill soils, grading/site preparation, seismic force parameters, support for shotcrete or poured slabs, soil design parameters, pavement structural section, and drainage. 13. Prior to any site preparation, excavation, filling, roadwork, grading, or construction activities, the applicants shall submit, and have approved by the City Engineer; a comprehensive Erosion Control Plan prepared by a Registered Civil Engineer. The comprehensive Erosion Control Plan shall include, but not be limited to the following: a. A description of the sequence of construction of the development site stripping and clearing; rough grading; construction of utilities; infrastructure, and buildings; and final grading and landscaping). The sequencing shall estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. b. A description of all erosion and sediment control measures necessary to adequately control erosion along the Skate Park structure and all other areas disturbed as a result of the project. C. Specific measures to ensure no erosion will occur into Orrs Creek. N d. Provisions for both short and long-term maintenance of erosion control facilities. e. The City Engineer shall have the authority to require modifications to the submitted Erosion Control Plan that will ensure adequate erosion control. f. Any other elements required by local, State, or Federal law. 9 ATTACHMENT NO. 3 CI'iY OF UlaAH Department of Planning &Community Development Spa Seminary Avenue, Ukiah, CA 05482 Notice of Document Availability and Intent to Adopt a GENA Mitigated Negative Declaration NOTICE IS HEREBY GIVEN that a Mitigated Negative Declaration has been prepared for the City of Ukiah Skate Park 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 . 2009 throuch Marr Negative Declaration and associated Initial Study conclude that while the Project does have the potentialh 31 2009. The ito produce significant adverse impacts on the environment, the impacts can be successfully _offset by a mitigation measure program. Impacts and miligation measures have been identied that relate to Aesthetics, air quality, biological resources, cultural resources, and geology/soils. PROJECT DESCRIPTION: Proposed development of Ukiah's first Skate Park at Low Gap Regional Park Will consist of an approximate 220,000 sq fit concrete structure, restroom facilities, park benches; trees and landscaping and improvements to an existing paved parking lot. The existing park amenities include tennis courts; playground area, barbeque areas, disc Frisbee course, and hiking trails. A future dog park is being planned for the old ball field area west of and above the project site. The area proposed for the skate park is underutilized and has been used for volleyball, dog walking, and hiking in the past. The County of Mendocino is operating the existing park amenities and this development would be maintained and operated by the City of Ukiah and its Park staff. The Skate Park is proposed to be open to the public during daylight areas and closed and locked at night. The concrete structure will be fenced with a 6' high black metal fence With an entry way from the parking lot and park: The various elements .of the structure itself will consist of beginner -immediate -bowl sections. The public has been involved and provided input with the design layout for over a year. The project includes the construction of a 28' X 15' restroom facility housing two lavatories and 1 sink per restroom, drinking facets along with a janitorial closet. Spectator seating covered by shade sails will be incorporated along the west side of the skate park facility: The existing trees on site will provide additional resting and shade areas for participates and spectators. Presently the total parking area for the park Is separated Into two parking lots. The proposed projects includes merging the two lots into ane larger lot that will included a drop off area and incorporate landscaping planters that will provide shade and bioretention system for storm water runoff. The merging of the two lots will increase the total number of Parking spaces for the park from the current approximate 48 spaces to approximately 56 spaces. Orr Creek runs along the southern boundary of this property. The ,actual creek bed is estimated to be 50' from the top of bank. At the closest point the proposed project would be situated approximately 10' from the top of the bank and +55' from the actual creek. No riparian vegetation would be disturbed as a result of the project. PROJECT LOCATION: The project site is located at Low Gap Park — between the existing tennis courts and the Ukiah Players Theater building/property, Ukiah, Mendocino County; tw 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 March 31, 20019 to Charley Stump, Director of Planning and Community Developrrient, 300 Seminary Avenue, Ukiah. The City Planning Cornrhlssion 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. PUBLISK March 2, 2009. ffol TO: City Council FROM: Charley Stump, Director of Planning and Community Development DATE: June 17, 2009 SUBJECT: Ukiah Skate Park Project To address possible nuisance and vandalism issues, Staff is recommending the following two additional conditions of approval for the Skate Park project: Nuisance and Vandalism 18. At the determination of the Supervisor of Community Services in consultation with Director of Planning and Community Development, if Orr Creek or its stream bank adjacent to the skate park suffer noticeable degradation in the form of litter, erosion from bicycles or unauthorized trails, or stream alteration, the City will prescriptively close the park for a duration to be determined at that time. 19. At the determination of the Supervisor of City Community Services in consultation with the Mendocino County Director of General Services, if the two tennis courts and the restroom adjacent to the skate park suffer noticeable vandalism or degradation the City will prescriptively close the park for a duration to be determined at that time. ITEM NO.: 10a MEETING DATE: June 17, 2009 SUBJECT: STATUS REPORT REGARDING MENDOCINO COUNTY'S ANALYSIS OF POTENTIAL IMPACTS RESULTING FROM THE MENDOCINO CROSSINGS MASONITE SPECIFIC PLAN. SUMMARY: The Resolution the City Council adopted on June 3, 2009 opposing the Mendocino Crossings Masonite Mixed Use Specific Plan directed Staff to provide a status report at regularly scheduled Council meetings concerning the County's efforts to analyze the potential impacts that could result from the project. A number of County Staff are currently working on generating information and analyzing issues and potential impacts. The Department of Planning and Building Services is coordinating this effort and is seeking information from Caltrans, the Mendocino Council of Governments, the Mendocino County Sherriff's Office, The County Department of Transportation, City of Ukiah Police and Fire, and others. The County team is hoping to have a draft report completed by June 12, 2009 and ready for submittal to the Board of Supervisors for their meeting on June 16th Fiscal Impact: Budgeted FY 08/09 New Appropriation ® Not Applicable 7 Budget Amendment Required Recommended Action(s): 1) Receive Report Aiternative Council Option(s): NIA Litizens advised: NIA Requested by: City Council Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager Attachments: None Approv 16 e Chambers, City Manager ITEM r MEETING DATE: city q AGENDA SUMMARY • 10b June 17, 2003 COUNCILSUBJECT: CITY O DISCUSS SUPPORTOF -•VIDE DIRECTION To STAFF Background: At the May 6, 2009, City Council Meeting, the City Council received a request from Don Rowe during public comment to consider supporting AB 1121 concerning rank voting. City Council directed staff to add this item to the agenda. Discussion: Fiscal Impact: 1-1 New Appropriation Not Applicable Budget Amendment Required H Budgeted FY 08/09 Amount Bud eted Source of Funds (title and #) Account Number Addit. Appropriation Requested mecommenciecl Action(s): Discuss and provide direction to staff. Alternative Council Option(s): NA Citizens advised: Don Rowe Requested by: City Council Prepared by: JoAnne Currie, Deputy City Clerk Coordinated with: Jane Chambers Attachments: 1. Request to Endorse 2. Bill Analysis 3. Letters of Support from League of California Cities and City of Fort Bragg Approved:'' Ja hambers, City Manager REQUEST 1 ENDORSE 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 http://www.mendovote.org Assembly Member Mike Davis Capitol Office State Capitol P.O. Box 942849 Sacramento, CA 94249-0048 Thank you for introducing AB 1121. 1 support this important legislation. As chartered cities and counties around California move toward ranked voting, it's important that general law jurisdictions have the same option and be allowed to make the decision locally. Rural areas and small cities like those in Mendocino County are especially hard hit by the cost of runoff elections. Ranked voting saves money, improves voter turnout and increases confidence that winners will truly represent the voters' needs. Ranked voting is achievable in Mendocino County. We use paper ballots and therefore don't have the obstacle of incompatible electronic voting machines which complicate the switch to ranked voting in other jurisdictions. ATTA BILL ANALYSIS AB 1121 Page 1 ASSEMBLY THIRD READING AB 1121 (Davis) As Amended April 28, 2009 Majority vote ELECTIONS 5-1 APPROPRIATIONS 10-6 ------------------------------------------------------------------ lAyes:lFong, Coto, Mendoza, JAyes:JDe Leon, Ammiano, Charles I ISaldana, Swanson I (Calderon, Davis, Fuentes, I I I (Hall, , Price, Solorio, I I I ITorlakson, Krekorian I-----+--------------------------+-----+---------------------------I INays:JAdams INays:INielsen, Duvall, Harkey, I I I I IMiller, I I I I (John A. Perez, Audra I I I I IStricklandl ------------------------------------------------------------------ SUMMARY Establishes a pilot project allowing up to 10 general law cities and general law counties to conduct a local election using ranked voting (RV) if certain conditions are met. Specifically, this bill: 1)Limits participation in the pilot to three cities or counties with a population of 15,000 or less, three cities or counties with a population between 15,000 and 40,000, and four cities or counties with a population of more than 40,000. Participants in the three population categories are also to be distributed between the northern, central, and southern regions of the state. 2)Requires a city or county to submit a written request to the Secretary of State (SOS) to participate in the pilot, and requires the SOS to approve each request in the order of receipt (subject to the above restrictions on participants). 3)Defines "ranked voting" as an election method in which voters rank the candidates for office in order of preference, and the ballots are counted in rounds. In the case of a single -winner election, "instant runoff voting" (IRV) simulates a series of runoffs until only two candidates remain, with the candidate with the greater number of votes being declared the winner. In the case of a multiple -winner election, "choice voting" (CV) fills all seats to be elected. 4)Provides a methodology for counting ballots and determining the winning candidate or candidates for IRV and CV elections, respectively. 5)Prohibits a city or county from conducting a local election using RV unless that election is conducted on a voting system that is capable of conducting the election using RV and that voting system has been certified for use in the state by the SOS, or the election is conducted by another procedure approved by the SOS which at a minimum include detailed specifications for counting, auditing, and reporting of results. 6)Provides that RV may be adopted for use pursuant to this bill in a general law city or county by approval of a ballot measure submitted to the voters by the governing body or by an initiative measure. AB 1121 Page 2 7)Requires a city or county that uses RV in an election to conduct a voter education and outreach campaign to familiarize voters with RV, and requires that campaign to be conducted in English and in every language that a ballot is required to be made available pursuant to state and federal law. 8)Requires participating cities and counties, following an RV election, to report specified information to the Legislative Analyst's Office (LAO), and requires the LAO to report to the Legislature regarding the elections' success and to recommend whether the Legislature should expand the authorization for RV. 9)Contains a January 1, 2019 sunset date. FISCAL EFFECT: According to the Assembly Appropriations Committee, costs to the LAO for the report are minor and absorbable, and any net costs to cities and counties would be nonreimbursable, as participation in the pilot is voluntary. Costs for the SOS to certify a voting system are about $360,000. Vendors seeking certification deposit funds for this purpose in an escrow account from which the SOS draws down to cover certification -related expenses. COMMENTS: According to the author, "AB 1121 is a limited 'local option' bill that would allow a small number of general law cities or general law counties to use ranked voting systems, specifically instant runoff voting and choice voting, to elect local officials and legislative bodies. This bill would specify the ranked voting method as it applies to both a single -candidate election and a multiple - candidate election. Only 10 cities or counties would be granted this authorization. AB 1121 would NOT mandate that any jurisdictions use ranked voting, and municipalities wishing to do so would need to obtain voter approval for the change." There are no voting systems currently certified for use in California that have the capability to tabulate ballots cast in an IRV or CV election. Given the lack of certified voting equipment that is capable of conducting an election using RV, and given the lack of certainty about the availability of such equipment in the immediate future, it may be desirable to delay consideration of this measure until such equipment is available. Although San Francisco is the only jurisdiction in California that has used IRV for an election, a number of other jurisdictions have approved IRV for use in future elections. The cities of Oakland, Berkeley, and San Leandro have all approved charter amendments to conduct city elections using IRV. Given that a natural pilot project of sorts will be conducted over the next few years as a number of other cities use IRV for local elections, the need and desirability for the Legislature to create a pilot project is unclear. AB 1294 (Mullin) of 2007 would have allowed any city, county, or district to conduct a local election using RV. AB 1294 was vetoed by Governor Schwarzenegger, who expressed concerns that there was not enough information about how voters would react to RV and that there were no voting systems certified for use in the state that were capable of conducing RV elections. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 fl L EAGUE M-.. �ti+;;„y �, OF CALiFO(�NlA r ' April 13, 2009 Assembly Member Mike Davis State Capitol Building, Room 2160 Sacramento, CA 95814 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org RE: AB 1121 (Davis) Elections. Ranked Voting (As Introduced 2/27/2009) NOTICE OF SUPPORT Dear Assemblyman Davis, The League of California Cities is pleased to support AB 1121, which would authorize the Secretary of State (SOS) to approve 10 cities and counties, in total, to conduct a local election using ranked voting (RV) if specified conditions are met and would specify requirements for using ranked voting in both a single -candidate election and a multiple -candidate election. This bill would give cities more flexibility by allowing approved cities to use RV as an election method. Additionally, San Francisco is a proven example of the benefits RV as seen by the significant increase in voter turnout since the approval of Prop A, a measure passed by voters in 2002 allowing RV as an election method. Charter cities currently have the option to utilize RV as an election method. AB 1121 would extend that right to general law cities that receive approval from the SOS. By eliminating the need for costly run-off elections, approved cities could save thousands of dollars. It is important that cities continue to determine what works best on a city -by -city basis, and this bill provides an opportunity for that to happen with elections. For these reasons, the League of California Cities supports AB 1121. If I can be of any further assistance, please do not hesitate contact me at 916-658-8200. Sincerely, Dwight Stenbakken Deputy Executive Director League of California Cities cc: Chair and Members, Assembly Elections and Redistricting Committee Ethan Jones, Chief Consultant, Assembly Elections and Redistricting Committee Governor's Office of Planning and Research Daryl Thomas, Consultant, Assembly Republican Caucus Incorporated August 5. 1889 416 N. Franklin St. Fort Bragg, CA 95437 Phone: (707) 961-2823 Fax: (707) 961-2802 http://city.fortbragg.com April 13, 2009 Assembly Member Mike Davis (D-48) Capitol Office State Capitol P.O. Box 942849 Sacramento, CA 94249-0048 District Office Administrative Offices West 700 State Drive Los Angeles, CA 90037 Dear Assembly Member Davis: We, the City Council of Fort Bragg, are writing in support of AB 1121 which will allow up to 10 California general law local governments to use ranked voting, also known as Instant Runoff Voting (IRV) or Ranked Choice Voting (the multi -winner version of IRV). We are aware that Governor Schwarzenegger vetoed AB 1294, a previous attempt to allow general law governments the option of switching to ranked voting; saying in part he thought such a change would be too drastic. AB 1121 attempts to address the governor's concerns by creating a limited pilot program. The Secretary of State can authorize the first 10 local governments applying to use ranked voting. As you may also be aware Ranked Voting is gaining in support nation wide. The League of Woman Voters, for instance, is uniting around this issue. The following is a quote from a League position from the state of South Carolina: " ...Our present "winner -take -all" system in many instances fails to achieve a goal of fair representation of minorities and women. Most of the world's major democracies use a form of proportional representation, and we endorse this opportunity for the following reasons: a. To achieve better election and/or influence for minorities and women in proportion to their numbers in the population. b. To lessen election costs, in part by eliminating costly runoff elections. Assembly Member Mike Davis April 13, 2009 Page 2 c. To eliminate redistricting and its frequent abuse through gerrymandering. d. To lessen the advantages now in place for incumbent candidates over new office -seekers. e. To lessen polarization among segments of the population. f. To increase voter turnout and decrease voter cynicism. g. To encourage election campaigns based on issues rather than personal attacks. h. To promote a greater opportunity for the voices of third party candidates." We support the passage of AB 1121 as an important step in be a necessary change in our voting system. Thank you for introducing this Bill. Sin ly, Doug H merstrom Dave Turner Meg Courtney Mayor Vice Mayor Councilmember Dan Gjerde We Melo Councilmember Councilmember Cc: Assembly Member Wes Chesbro Ilk ITEM NO.: 10c 6/17/2009 Background: On May 14, 2008 the City Council held a special meeting to discuss water issues as a result of the drought of 2009. Many of the issues were in regards to new sources of water production however, the City Council also discussed possible mandatory water conservation measures. The agenda summary report from that meeting is Attachment 1. The Council directed staff to return on the second meeting of June to further discuss conservation measures, both mandatory and voluntary. The council was concerned that the mandatory measures that staff had identified as options may have consequences to certain business that were not considered. Car wash facilities and Nurseries were examples of these types of business that may be severely impacted by some of the measures that were proposed. The City of Ukiah has been monitoring the continuing drought conditions for its impacts upon the high demand season of water use, which has typically been the months June through September. During these months, water utility users generally demand about 6 million gallons daily (mgd), (versus the usual 1.5 or 2 mgd ) with the largest volume of use related to summertime irrigation. The City's water delivery system is based on utilizing water resources from both wells and Russian River facilities for peak summertime demand. As the drought issues have unfolded, with the lack of winter rain, on-going Lake Mendocino water storage, and Russian River summer stream flow issues, the City of Ukiah has been planning for greatly reduced water availability for the peak demand season of 2009. Although voluntary conservation measures have been instituted by the City of Ukiah, and have resulted in an overall reduced consumption of water by 13% since 2004, more aggressive water conservation may be required for summer 2009. The County of Mendocino is considering the adoption of a resolution that will require all Ukiah Valley water agencies to divert no more than 50% of the water from the Russian River that was diverted in 2004. This could put the City in the position of having as little as 2.5 mgd (1.5 Ranny, .7 Recommended Action(s): Consideration and Possible Adoption of Mandatory Water Conservation Measures Alternative Council Option(s): N/A Citizens advised: Requested by: Jane Chamber, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Attachments: 1. ASR from May 14, 2009 Approved: �Ik� r__ee�� Chambers, City Manager mgd well #4 and .3 mgd from well #3) This would generate approximately one — eighth (1/8) of the usual irrigation water that the City water customers would have available. It should be noted that the City of Ukiah Parks and Golf Divisions on water use have reduced their draw from the water system by nearly 50% since 2004, working especially hard this season to minimize usage. Discussion: Given the conditions outlined above in the background section of this report, it appears prudent for the City Council to consider mandatory restrictions in water use for the summer of 2009. The Council was presented with 12 options at the May 14, 2009 meeting. Staff has refined the list to six items. These immediate mandatory restrictions can be put into place and will assist with conservation going into the summer months, and are outlined as follows as restrictions 1 through 6. These restrictions should not result in loss of property or financial hardship on utility customers., but prohibit nonessential and unauthorized water use, including: 1. Use through any meter when the City has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to effect such repairs within five days; 2. Use of water which results in flooding or runoff in gutters or streets (The City encourages the use of commercial car wash facilities); 3. Use of water through a hose for washing cars, buses, boats, trailers or other vehicles in the public right of way or any other location that creates runoff in gutter or streets; 4. Use of water through a hose for washing buildings, structures, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or other hard -surfaced areas that creates runoff in gutter or streets; 5. Service of water by any restaurant except upon the request of a patron; 6. Use of water to flush hydrants, except where required for public health or safety; Enforcement of these mandatory restrictions would be progressive and could include: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee Additional mandatory restrictions related specifically to irrigation during the summer months may be imposed by the City Council at a later date, depending upon the outcome of the Resolution that is going to be considered by the County of Mendocino, and also, dependant upon the resource of water anticipated to be available to City of Ukiah users after July 1, 2009. Additional mandatory restrictions could include mandatory restriction of irrigation for outside landscaping. Such a measure, depending on how restrictive will result in financial and property losses, but less than can be anticipated if a complete restriction on outdoor watering is imposed. Restriction of all outdoor watering is a final step the City Council can take, should that be necessary. This step will absolutely result in financial and property losses for users of the system. Budgeted FY 08/09 ❑ New Appropriation 7 Not Applicable 7 Budget Amendment Required ITEM N VTR MEETING DAT City of Tfkfah AGENDA SUMMARY REPOR 3 5/14/2009 SUBJECT: CONSIDERATION AND DISCUSSION OF MANDATORY WATER CONSERVATION MEASURES TO BE REQUIRED OF ALL CITY OF UKIAH WATER USERS Background: The City of Ukiah has been monitoring the continuing drought conditions for its impacts upon the high demand season of water use, which has typically been the months June through September. During these months, water utility users generally demand about 6 million gallons daily (mgd), (versus the usual 1.5 or 2 mgd ) with the largest volume of use related to summertime irrigation. The City's water delivery system is based on utilizing water resources from both wells and Russian River facilities for peak summertime demand. As the drought issues have unfolded, with continued lack of winter rain, on-going Lake Mendocino water storage, and Russian River summer stream flow issues, the City of Ukiah has been planning for greatly reduced water availability for the peak demand season of 2009. Although voluntary conservation measures have been instituted by the City of Ukiah, and have resulted in an overall reduced consumption of water by 13% since 2004, more aggressive water conservation will be required for summer 2009. More aggressive water conservation, or restriction of use, will be required as a result of the following factors: ® Recognition that clean water is a precious and limited resource ® Use of clean drinking water for purposes other than drinking must be limited in the interest of preserving this precious resource ® A 50% reduction in Russian River water use, or draw, in keeping with valley wide water agency reductions in this source, is likely for summer 2009. ® In a worst case situation, the City's resource for summer 2009 could be limited to Well #4, with production at 1 mgd. If the water utility is limited to only Well #4, it would mean a 83% reduction in resource for utility customers and would result in water use limited to drinking and sanitation purposes only. -auu limmeu mutionts): uonsiaeration and Possible Adoption of Mandatory Water Conservation Measures Alternative Council Option(s): N/A Citizens advised: Requested by: Prepared by: Coordinated with: Attachments: Approved: n Chambers, City Manager Aging wells and other water utility facilities in the Ukiah system cannot withstand overuse. Overuse could easily occur when water resources from either the wells and/or the river, are restricted so that one part of the delivery system is substituting for another under peak demand conditions. To protect against equipment failure in the system, demand must be reduced. Although new well resources may be available for summer 2009, how these resources will perform is unknown. The City Council took action March 4, 2009, to mitigate the severe impacts of a projected water shortage for the summer months of 2009 by declaring that an emergency under provisions of the Public Contracts Code to allow for immediate design and construction of the Gobbi Street and Orchard Avenue well. This well would provide protection against equipment failure in aging Well #4. The City Council acted further on April 15, 2009, to declare an emergency related to water shortage. This action allows the City Council to impose conditions on water use without declaring a full Stage Two emergency. Discussion: Given the conditions outlined above in the background section of this report, it appears prudent for the City Council to consider mandatory restrictions in water use for the summer of 2009. There are immediate mandatory restrictions that can be put into place that will assist with conservation going into the summer months, and are outlined as follows as restrictions 1 through 12. These restrictions should not result in loss of property or financial hardship on utility customers, but prohibit nonessential and unauthorized water use, including: 1. Use for more than minimal landscaping in connection with new construction; 2. Use through any meter when the City has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to effect such repairs within five days; 3. Use of water which results in flooding or runoff in gutters or streets; 4. Use of water through a hose for washing cars, buses, boats, trailers or other vehicles. 5. Use of water through a hose for washing buildings, structures, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or other hard -surfaced areas; 6. Use of water to clean, fill or maintain levels in decorative fountains; 7. Use of water for construction purposes unless no other source of water or other method can be used; 8. Service of water by any restaurant except upon the request of a patron; 9. Use of water to flush hydrants, except where required for public health or safety; 10. Use of water for filling any existing or new swimming pool or hot tub; 11. Use of water for car wash fund raising activities 12. Outdoor watering that exceeds 3 days a week, and mandatory adherence to the alternate day watering schedule established by the City of Ukiah. Enforcement of these mandatory restrictions would be progressive and could include: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee Additional mandatory restrictions related specifically to irrigation during the summer months may be imposed by the City Council at a later date, depending upon the outcome of the State Water Resources Board ruling and directives with regard to the Sonoma County Water Agency petition and its impact on Mendocino County, and also, dependant upon the resource of water anticipated to be available to City of Ukiah users after July 1, 2009. Additional mandatory restrictions could include restriction of irrigation for outside landscaping to drip irrigation systems only, for residential properties, and once a week watering for commercial and public use properties. Such a restriction will result in financial and property losses, but less than can be anticipated if a complete restriction on outdoor watering is imposed. Restriction of all outdoor watering is a final step the City Council can take, should that be necessary. This step will absolutely result in financial and property losses for users of the system. Fiscal Impact: Mandatory use restrictions for water utility customers will result in loss of projected revenues for the utility. This loss must be addressed as part of the rate considerations now under study. As of this writing, staff has not had the opportunity to develop projections of loss of revenues based on any of the mandatory measures under discussion. Budgeted FY 08/09 F� New Appropriation Fx-1 Not Applicable 1:1 Budget Amendment Required J!1 MEMORANDUM To: Members of the City Council From: Alan Hasty, Assistant Engineer �lk cc: JoAnne Currie, Deputy City Clerk Date: June 17, 2009 Re: ITEM 11 a — Meeting of June 17, 2009, Award of Contract for Oak Manor Tennis Courts Resurfacing Specification No. 08-08 Attachment "A" for your review is the Bid Tabulation sheet for the above referenced project. The bid opening occurred at 2:00 PM Tuesday, June 16, 2009. Six contractors submitted bids. The lowest responsive, responsible bidder is Siri Grading & Paving, Inc. with a bid of $59,548.50. Staff recommends that the City Council award the project to Siri Grading & Paving, Inc.. RECOMMENDED ACTION: Award the construction contract for $59,548.50 (with designation of funding in the amount of $5,954.85 for authorized change orders) for the Oak Manor Tennis Courts Resurfacing Specification No. 08-08 to Siri Grading & Paving, Inc.. Ei 0 0 0 0 0 0 C o M a o o 0 0 v o 0 o c c O M W T U) ov N W ONi 2Q 6% vv N�i»6a60 m c o - U 0 0 0 O 0 0 0 J m 'c N O m N O '7 O Q tV fA Q O v O fA 0 O O (•- 0 O N aD 0I M N69 f9 EA co r O O v O O O o 0 O 0 U r N- m R m C C N m N m C ` CL i N p° WO W? O O N O O O J Q N 61 V3 N 'R m m fH N N N H .� 0 fA FA _ N o o 0 0 0 N r t0 O O O p L Lo m O O o y N r O r kN Obi oG U coId ees c � F» w m IL t v5 2 N C o N o 0 J N W N r to N W ~ > W v Q is o o o O o o 0 0 o o o o o 0 ui00000 MN O O C M M c N O O O O r N U NN °N" oil � m I n of om c N L N o 0 0 0 o J C w m oO co o o Q 3 O 0 0 F cn O Ui Vq N Kt 61) to C� N 0 pp 0 0 O J F v m O m CI CI O O O O O (OD, U O N N N M vi C m 3 6% M� N E9 H3 to f N M M O M O �t1 O N O o O J Q r2 F- co o 6W9 O O Q Z t0 O O F C N OO o o o 0 G N 0 0 0 0 0 N J Q m W W oo W o r W o o LN o O o 0 N O ,] Q M cD 1,2 cq Lo a U O » a 0e N w C o � �� tioouoioo J F U� NN N M� _ N Z _ (°00 o N y � N Y � EN9 6N9 O C UOO O O o' O O N •� ° O m J Q W o 0 Q 0 0 oo O O m O O g m .g .6 C4 c Q m = �a o U N a1000000 a Ll LL O 0 04 0 0 H O ~° Z o O o (y0 1� Z ~ U `m W W 06 (a N» 6% U c v p I- °- o in o �¢ ! 0 U m z a m O m ° c E F- o a m p v2 W W o m O a ° C U U N y a > n m E Dm- Q F- U K Z ~ Z } N Z [4 p J LL to J J fn J F r O O N v cI Co r N cr Aid* ITEM N MEETING DAT Cily aJ-T1kiafi AGENDA SUMMARY O - June 17, 2009 SUBJECT: AWARD OF CONTRACT FOR OAK MANOR TENNIS COURTS RESURFACING, SPECIFICATION NO. 08-08 Summary: Staff is requesting that the City Council award the contract for Oak Manor Tennis Courts Resurfacing, Specification No. 08-08. Background: The City distributed plans and specifications to ten builders' exchanges and nine contractors for Oak Manor Tennis Courts Resurfacing, Specification No. 08-08. The City publicly advertised this project on June 1 & 8, 2009, in the Ukiah Daily Journal. A copy of the Notice to Bidders was sent to all license class A and all license class C-32 contractors on the City's 2009 Qualified Contractors List. Sealed proposals will be received and opened by the City Clerk on June 16, 2009. This project will construct an asphalt concrete overlay and resurfacing of the Oak Manor Tennis Courts. Staff is seeking Council approval for award of the contract based on the outcome of the bid opening. A bid tabulation sheet will be provided to the Council and the public at the meeting. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with construction projects, there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head, with approval of the City Manager, to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. Fiscal Impact: Budgeted FY 08/09 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $59,830 FEMA073 100.6001.800.000 Recommended Action(s): Award contract for Oak Manor Tennis Courts Resurfacing, Specification No. 08-08, to the lowest responsive, responsible bidder based on bids submitted on June 16, 2009. Alternative Council Option(s): (1) Reject Bids; (2) Provide Staff with other direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works — Engineering & Streets Coordinated with: Jane Chambers, City Manager Attachments: None. FWAXTR=a- l City Manager ITEM N op� MEETING DAT r.-iLy q1',ztkjah AGENDA SUMMARY REPOR] SUBJECT: MCOG JOINT POWERS AGREEMENT ( JPA) AMENDMENT Summary: 11b June 17, 2009 The City Clerk received a letter dated May 18, 2009 from Mendocino Council of Governments ( MCOG) which was also presented by Council member Rodin in her capacity as a MCOG board member. The letter contains a request that the City of Ukiah City Council approve a resolution to amend the MCOG JPA. The purpose of the amendment would be to add specific powers to MCOG to undertake responsibilities in the energy functional area, including the role of Area Energy Authority pursuant to the Community Energy Act of 1984 (AB 1659, Farr). Background: City staff understands that the desire for this addition stems from a role that MCOG could play in the provision of services to county residents through energy legislation passed last year, AB 811. AB 811 allows cities, counties, or a city/county combination to set up contracts with property owners to finance energy efficiency or distributed generation renewable energy projects. These projects are secured with a lien on the property where they are located. The payments on the amount financed are made via property tax assessment. The city or county (referred to generically as "city" in the statute) is empowered to develop funding sources to provide capital for improvements. As there are stimulus funds available to assist with implementation of AB 811 services to property owners, there is a lot of interest and apparent urgency related to setting up an AB 811 program. City staff recognizes that such a program could be of great benefit in the Ukiah valley, and could very well be administered effectively through an area wide agency such as MCOG. However, the proposal as outlined in the May 18, 2009 letter is much broader than AB 811, and could have implications for the operations and delivery of services through the City's electric utility. Staff requests additional time to review the proposed amendment before the City Council considers this request, so that the City Council can be fully informed as to all of the impacts and implications of the Recommended Action(s): Council discuss MCOG request and provide direction to city staff for further review and analysis of the proposal. Alternative Council Option(s): N/A Citizens advised: n/a Requested by: Prepared by: M.el Grandi Coordinated with: Jane Chambers, City Manager Attachments: Letter with attachments dated May 18, 2009 Approved: -�-�- _- ne Chambers, City Manager revision proposed. The City of Ukiah provides energy services as an integral part of its service delivery system, and is currently engaged in many energy conservation and green resource development activities through its participation in the Northern California Power Agency (NCPA). This makes the City unique to other partners in the JPA, and means that the City and its electric utility customers could be impacted by this proposed change differently from other parties to the agreement. It would be counter productive for all concerned if conflicts and un -intended consequences for the City's utility customers arose as a result of unanticipated new powers and authority over energy use and planning through MCOG. Fiscal Impact: New Appropriation Not Applicable Budget Amendment Required F1 Budgeted FY 08109 MENDOCINO ERNMENTS V MCOG 367 North State Street ---Suite 206--Ukiah---California---95482 May 18, 2009 Linda Brown Executive Assistant & City Clerk City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Dear Ms. Brown: PHILLIP J. Dow, EXECUTIVE DIRECTOR Telephone 707-463-1859 Fax 707-463-2212 www.mendocinocog.org Re: Proposed 2009 Amendment to MCOG Joint Powers Agreement to add Energy Functional: Area On May 4, 2009, MCOG's Board of Directors agreed, by a unanimous vote of those present, to amend the Joint Powers Agreement (JPA) in order to add an additional specific purpose to the powers of the Council, to undertake responsibilities in the energy functional area, including the role of Area Energy Authority pursuant to the Community Energy Act of 1984 (AB 1659, Farr). The Board directed staff to circulate this proposal to the five parties to MCOG's Joint Powers Agreement, for approval by resolution of each of their legislative bodies. The JPA states as follows: 3. MCOG shall have the power to serve the following specific purposes: a. act as the transportation planning agency for Mendocino County, as designated by the Secretary of the Business and Transportation Agency of the State of California, b. undertake economic development planning for Mendocino County, and c. any other specific power, including regional planning in other functional areas besides transportation and economic development, which has been expressly authorized by Resolutions adopted by the respective bodies of each of the parties to this agreement. 10. This agreement may be amended at any time by the parties to the agreement. In order for such an amendment to take effect, it must be approved by Resolutions adopted by the respective legislative bodies of each of the parties to this agreement. This proposal is intentionally broad and enabling, with the expectation that if the amendment is agreed to, the responsibilities will be defined in a future memorandum of understanding that establishes the extent of MCOG's involvement in the energy realm. Ms. Linda Brown Page t May 18, 2009 We request that the City Council, as a party to MCOG's Joint Powers Agreement, consider this matter at the next available opportunity, according to your customary agenda procedures. I have enclosed a sample resolution and will forward the same in electronic form by email. If there are any questions, you are welcome to contact me or Executive Director Phil Dow at 463-1859 or by email to orthindow-associates.com or domm@dow-associates.com, or at the address on this letterhead. Thank you for your assistance and cooperation. Sincerely, / / J Janet Orth Deputy Director for Administration Enclosure: Sample Resolution with exhibit c: Mayor Baldwin Councilmember Rodin [NAME OF LOCAL GOVT. ENTIT� [BOARD of SUPERVISORS / CITY COUNCIL] SAMPLE RESOLUTION as of 5/ 18/2009 APPROVING an AMENDMENT to the JOINT POWERS AGREEMENT of the MENDOCINO COUNCIL OF GOVERNMENTS WHEREAS, A The Mendocino Council of Governments (MCOG) was formed by a Joint Powers Agreement (attached as Exhibit A) in 1972 and amended in 1978, 1993, 1994 and 2008, by the Cities of Fort Bragg, Point Arena, Willits and Ukiah, and the County of Mendocino to serve as the Regional Transportation Planning Agency and other regional purposes; and ■ It is proposed that the Joint Powers Agreement be amended to clarify and specify that the Joint Powers Agency has the authority to undertake the function of energy coordination, planning, funding, and development to foster energy efficiency and conservation in Mendocino County; and ■ Section 2 of the Joint Powers Agreement identifies the general powers of MCOG, which are advisory only; and ■ Section 3 of the Joint Powers Agreement identifies the specific powers of the Mendocino Council of Governments, as follows: a. act as the transportation planning agency for Mendocino County, as designated by the Secretary of the Business and Transportation Agency of the State of California, b. undertake economic development planning for Mendocino County, and c. any other specific power, including regional planning in other functional areas besides transportation and economic development, which has been expressly authorized by Resolutions adopted by the respective bodies of each of the parties to this agreement. ® The Joint Powers Agreement states that it may be amended at any time by the parties to the agreement, and in order for such an amendment to take effect, it must be approved by resolutions adopted by the respective legislative bodies of each of the parties to this agreement; and Upon full execution of an amendment, MCOG shall prepare and file a notice of amendment with the California Secretary of State in accord with California Government Code Section 6503.5; therefore, be it Page 1 of 2 MCOG Sample Resolution 5/18/2009 RESOLVED, THAT: [Name of entity] agrees as follows. 1) MCOG's Joint Powers Agreement Section 3(c) shall be replaced with the following: c. undertake energy coordination, planning, funding, and implementation responsibilities, including the function ofArea Energy Authority pursuant to the Community Energy Act of 1984 (AB 1659, Farr); and 2) MCOG's Joint Powers Agreement existing Section 3(c) shall be renumbered as 3(d) and amended to read: d. any other specific power, including regional planning in other functional areas besides transportation, economic development, and energy, which has been expressly authorized by Resolutions adopted by the respective bodies of each of the parties to this agreement. 3) All other terms and conditions set forth in MCOG's Joint Powers Agreement of 1972 as amended in 1978, 1993, 1994 and 2008 shall remain in full force and effect. ADOPTION OF THIS RESOLUTION was moved by , seconded by , and approved on this _ day of , 2009, by the following roll call vote: AYES: NOES: ABSTAINING: ABSENT: VIIIEREUPON, the Chairman declared the resolution adopted, AND SO ORDERED. Chairman / Mayor Approved: City Attorney ATTEST: [Clerk] Page 2 of 2 MCOG )PA Amendment 2009 Exhibit A 4 Pages Incorporating All Amendments of 1978, 1993, 1994, and 2008 This is an Amendment to a Joint Powers Agreement executed in 1972 by the CITIES OF FORT BRAGG, POINT ARENA, UKIAH, and WILLITS, and the COUNTY OF MENDOCINO, that Agreement being the legal basis for the Mendocino County and Cities Area Planning Council (MCCPC). This Amendment changes the name to MENDOCINO COUNCIL OF GOVERNMENTS (MCOG), clarifies the powers and purposes of the agency, and establishes a new BOARD OF DIRECTORS. By this Amendment, the above Agreement is changed to read in its entirety as follows: This AGREEMENT is made by and among the incorporated CITIES OF FORT BRAGG, POINT ARENA, UKIAH, and WILLITS, municipal corporations of the State of California, acting through their respective City Councils, and the COUNTY OF MENDOCINO a body politic and corporate subdivision of the State of California, acting through the Board of Supervisors (hereinafter referred to as PARTIES), as follows: WHEREAS, Sections 6500 et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provide for agreements between two or more public agencies to jointly exercise any power common to the contracting parties; and, WHEREAS, the parties hereto recognize that Mendocino County is changing from an isolated, rural area to a developed area with continuing expansion of its incorporated cities and formerly underdeveloped areas; and, WHEREAS, by reason of this growth, governmental problems affecting incorporated and unincorporated areas jointly are frequently arising and are expected to increase in the near future; and, WHEREAS, it is necessary and desirable that a single regional agency be created with authority to (1) assist and advise on such problems, and (2) in specified functional areas, develop plans and approve or disapprove, in whole or in part, projects to which such plans apply; and, WHEREAS, existence of such an agency, and action by it upon certain transportation matters, and economic development matters, appear necessary in order for the PARTIES to qualify for allocation of needed funds from the State and Federal Governments; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The Mendocino County and Cities Area Planning Council (MCCPC) is hereby reconstituted as the MENDOCINO COUNCIL OF GOVERNMENTS (MCOG), which is hereby created and established pursuant to Sections 6500 et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1). MCOG JPA Page I of 4 March 2009 2. MCOG shall have the power to serve the following general purposes, which are advisory only: provide a regular forum to facilitate discussion and the exchange of information on matters of mutual interest to the parties to this agreement, b. serve as a vehicle for the joint sponsorship of informational workshops and training programs related to problems for local governments in Mendocino County, and c. advise and assist the parties to this agreement in their efforts to deal with problems which they have in common, or which transcend jurisdictional boundaries. 3. MCOG shall have the power to serve the following specific purposes: a. act as the transportation planning agency for Mendocino County, as designated by the Secretary of the Business and Transportation Agency of the State of California, b. undertake economic development planning for Mendocino County, and c. any other specific power, including regional planning in other functional areas besides transportation and economic development, which has been expressly authorized by Resolutions adopted by the respective bodies of each of the parties to this agreement. Nothing contained herein shall be construed as limiting in any manner the power of any of the respective parties or other public entities in the County to initiate and complete a local project within their repsective jurisdictions. It is understood, however, the recommendations of the MCOG may be considered by agencies of the State or Federal Government in providing financial or other assistance to such a project. The MCOG shall take no action to preclude or discourage any direct appeal by any entity to any State, or Federal Agency for financial or other assistance in that entity's program before, during or after consideration of the proposal by the MCOG. 4. MCOG shall have a BOARD OF DIRECTORS consisting of seven members. The City Council of each of the four incorporated cities in Mendocino County (the cities of Fort Bragg, Point Arena, Willits and Ukiah) shall annually appoint one of its members to serve as a member of the MCOG Board of Directors. The Board of Supervisors of the County of Mendocino shall annually appoint two of its members plus one public appointee to serve as members of the MCOG Board of Directors. In selecting the public appointee, the Board of Supervisors shall give first preference to a countywide elected official. If a countywide elected official does not apply for the position, then the Board of Supervisors may appoint any registered voter of Mendocino County who has an interest in regional transportation issues. Each elected member of the MCOG Board of Directors shall serve only so long as he or she holds the appropriate elective office, and each member shall serve at the pleasure of their respective appointing authority. MCOG has adopted its own bylaws as allowed by the amendment of 1993. The appointing authority, for each regular member it appoints, may appoint an alternate member to serve in place of the regular member when the regular member is absent or MCOG JPA Page 2 of 4 March 2009 disqualified from participating in a meeting of the Council of Governments. Agency alternates must be an elected official. 5. In addition to the incorporated Cities mentioned in this Agreement, any other City which may hereafter be incorporated within the boundaries of Mendocino County, and which may desire to participate in the activities of this Council of Governments may do so by executing this agreement without prior approval or ratification of the named parties herein and shall thereafter be bound by all of the terms and conditions of this agreement as of the date of execution, and shall have all of the rights of the named Cities in relation to the provisions of this Agreement, including the right to appoint a member to the MCOG Board of Directors. In the event of conflict amongst the members to the MCOG relative to specific issues, individual resolutions may be requested from each of the member agencies to be directed back to the MCOG for review and final action. 6. The undersigned parties to this agreement pledge full cooperation, and agree to appoint members to the MCOG Board of Directors as specified above. The MCOG shall assign individuals to serve as members of any MCOG committee (s) who shall act for and on behalf of their member agencies in any or all matters which shall come before MCOG, subject to any necessary and legal approval of their acts by the legislative bodies of said member agencies. 7. The MCOG acting as the Regional Transportation Planning Agency for Mendocino County shall be administered in accordance with the Transportation Development Act. Funding for this function shall consist of Local Transportation Funds, State Transit Assistance Funds and any federal or state grants. Any other function(s) identified in Section 3 of this agreement must have a correlating funding source for administrative reimbursement. 8. The County Auditor shall be the depositary and shall have custody of all funds of MCOG from whatever source and shall hold and disburse such monies in accord with Section 6505.5. There shall be strict accountability by all parties and by MCOG of all funds. MCOG shall contract with a certified public accountant to make an annual audit. The minimum requirements of such an audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and shall conform to generally accepted auditing standards. Where an audit is made, a report thereof shall be filed as public records with each of the contracting parties to the agreement and also with the County Auditor -Controller. The cost of the audit shall be borne by MCOG (Section 6505). 9. This agreement shall be effective for a period of one year and shall be automatically renewed from year to year thereafter unless and until one of the parties hereto, by Resolution of its legislative body, terminates its consent to the exercise of these joint powers herein agreed upon, and gives written notice of such to MCOG at least ninety days prior to the end of the annual term. In the event of such notice of termination, MCOG shall have continuing authority to act upon all applications filed with it prior to receipt of said ninety day notice of termination and shall take such action in regard thereto as is required under the laws, regulations and policies established by the particular state or federal agency to whom such applications have been made. Upon the conclusion of such action and expiration of said ninety day notice period, following receipt of said notice, this agreement MCOG JPA Page 3 of 4 March 2009 shall be automatically renewed for another annual term without the withdrawn entity as a party to the agreement, and without a member of the Board of Directors appointed by the withdrawn entity. Once any entity has filed proper notice of withdrawal, there shall be a single sixty day period, during which any remaining Party or Parties to the agreement may also file a ninety day notice of withdrawal, regardless of the expiration date of the annual term. 10. This agreement may be amended at any time by the parties to the agreement. In order for such an amendment to take effect, it must be approved by Resolutions adopted by the respective legislative bodies of each of the parties to this agreement. 11. This amendment shall take effect upon (1) its execution by the legislative body of each of the parties to the above Joint Powers Agreement, such execution occuring by Resolution of the respective legislative bodies, and (2) receipt of a letter from the Secretary of the Business and Transportation Agency of the State of California, officially designating the Mendocino Council of Governments as the transportation planning agency for Mendocino County according to Section 29532(b) of the Government Code of the State of California. 12. MCOG shall prepare and file a notice of this agreement, or any amendment thereto, with the Office of the Secretary of State in accord with Section 6503.5. Original documents and amending resolutions are executed by: Cities of Fort Bragg, Point Arena, Willits, and Ukiah (by Mayor or Vice Mayor; City Attorney and/or City Clerk) County of Mendocino (by Chairman, Board of Supervisors; County Counsel; and Clerk of the Board) I attest to the accuracy of this document. Originals are on file at MCOG's offices. /s/ Janet M. Orth, MCOG Deputy Director for Administration MCOG JPA Page 4 of 4 March 2009 L-41) 0�� Renewable Energy and the Mendocino Activists for a Dependable Economy (REMADE) =- ox The American example of governance calls for the people's debate, whi leads to the establishing of common purpose in community actions. Our democracy requires active participation to secure our rights. **Eternal vigilance is the price of liberty." (Thomas Jefferson) I There is hope of a more perfect union, if we the people, by establishing justice that ensures domestic tranquility, provides for the general welfare while securing the blessings of liberty to ourselves and our posterity. In enabling transformative change as called for by our founders, we citizens can remake our nation's character while meeting the challenges before us. It is time to renew our American independence. As a patriot active in several transformative social movements, and as an elected representative at the local level for several decades, I feel compelled to act. I am founding a movement called Renewable Energy and the Mendocino Activists for a Dependable Economy (REMADE). Here in Mendocino County, we citizens can be a beacon to other Americans by committing our communities to an "independent Green Renewable Energy Economy Now" (!GREEN) and declare our energy independence within a generation. Our time to act is now, made manifest by current events. We must engage Pll of our elected representatives to take responsible actions in the governance of change. There is legislation now in place and ready to use brp local government, such as AB 1659, The Community Energy Act of 1984. Please read the following materials I have prepared for further details. I will #e glad to discuss this more with anyone interested in joining me in this — rnovement. Tony Orth Founding Member, REMADE / iGREEN P.O. Box 1331, Willits, CA 95490 (707) 459-3443 remade@starband.net ... Energy and the Mendocino Activists for a Dependable Economy (REMADE) Ih Proposal acted on by MCOG on May 4 , presented by Tony Orth of REMADE The Mendocino Council of Governments was established under Government Code Section 6500 et al ("Joint Exercise of Powers Act") and COGs are not governed by any particular state law but as a joint body to govern any particular program as authorized by its joint powers agreement in purposes for and by the signatory public agencies in common agreement; and -r=9CUI#U,UV signatory agencies have extra latitude in organizing local COGs to meet the unique needs of the region as well as giving COGs additional flexibility to administer its programs and activities; and Federal and State of California agencies are administrating delivery of funding programs from HR I American Recovery and Reinvestment Act of 2009 and others that will require responsive governance. that require and or suggest coordinated comprehensive regional blueprint planning programs. The Mendocino COGs assigned joint powers can be modified by its member agencies to provide appropriate additional joint powers to meet the challenge of complex Federal and State of California Statutes requiring local agencies responses to climate change and energy management issues faced by each member agency in common; and reITC-CTpFr- from available grants and funding resources as they become available for block grant programs and to This proposal would add to the Mendocino Council of Governments in its joint powers agreement the power of an Area Energy Authority in its regional planning capacity, as allowed bV the Community Energy Act of 1984, to share personnel and reduce the costs to accomplish a Mendocino Strategic Energy Plan so as to accommodate coordinated blueprint planning requirements (SB 375) that could best attract grants to fund and administer projects and help update local general plans, area plans and 111=0 141011119rayl—I Its] WILOI mendociMo- —andYrie Incorporatea cities action to modify the Mendocino Council of Government joint powers agreement to authorize the Mendocino Area Energy Authority (AEA) as an additional joint power of this Mendocino Council of Governments as the regional planning agency to act for its member agencies as directed by its Commissioners. To also authorize the Executive Director to form a Planning Advisory Committee to function similar to the Technical Advisory Committee to best coordinate services to member agencies in seeking funding grants and advise as to the council's planning programs. y imutimaiicrl m Er-ioL Reso C, 9y i C The restructuring of the eiectricity industry has rendered many previous utility energy structures and programs obsolete, 'However, a state program established for local governments but never used, actually increases in relevance in a competitive electricity market. Legislation signed into law in 1984 authorizes local governments to create "Community Energy Authorities" (CEA). What are CEAs, and how can they serve as vehicles for local governments to develop comprehensive energy management programs? Background: Sponsored by the Local Government Commission and carried by former California Assemblymember Sam Farr, AB 1659 was modeled after housing authorities which some local governments have established to manage low-income and public housing programs. The bill authorizes every city and county in California to establish CEAs. Although the legislation has not yet been used, the CEA remains a viable structure through which local governments, working alone or in concert with other local governments, can access I - exemp J'3 wab 0 t firiancing for energy effloienc, r rane energy projects. Initially designed to take advantage of energy conservation programs launched 'in response to the energy crisis of the 1970s, CEAs can now be tapped to put local governments in the driver's seat when engaged in aggregation of its electricity accounts or those of its constituents, as well as low-income, energy efficiency or renewable energy development programs. According to the legislation, CEAs are empowered to not only plan and construct new energy projects, but float tax-exempt bonds to finance them: CEAsalso are authorized to take advantage of federal and state sources of funding. AN -i ti 611 estaolft;r planning and developing more sustainable offies, The CE -A can serve as a vehicle for local governments to develop community energy programs. Previously the domain of electric utility monopolies, energy effliciency programs can now be designed by local governments to meet their own specific #go na�naa--Amfftroush control of land use planning and zoning, local goverriments can shape residential and commercial development to reduceoverall energy consumption and thereby improve the environment. http cr�f 1/6/2007 7/faces 1 CEAs can also serve as vehicles,to plan, develop and finance on-site renewable energy projects. They car; also serve as tine e structure through which local governments aggregate their �mvn, or their oonstkuBnte, 6160tricitY loads if-, order to purohase renewable energy through a power marketer or other purveyor of green power. Chailanges: The biggest challenge to local governments using CIE -As is getting them to focus on the Issues involved in the complicated business of producing, tranGyrflitting and distributing electricity. Many local governments are pre -occupied with other pressing policy concerns, and the electricity business May seem to be a daunting challenge which will only divert precious staff time. m os dot 'Alhile some 10 -cal governments have energy marigger positrons and etas, t d ot. Under the former Utility monopoly -based system, the role local governments eOtold play in delivering electricity services was limited. Now, in a world of consumer choices and competing private and public sector, local governs mens have more options. They may be hampered, however, from responding appropriately because of a jack of credible, unbiased Information, lack of organizational structures to address new energy program opportunities, and/or a lack of the technical assistance they need to sort through the dizzying array of choices now available to them. often, energy programs, have been addressed in aq piecemeal fashion, making the development Of comprehensive management of electricity services at the local level difficult, Environmentalists and consumer advocates are concerned that in the current rush by most consumers to get the best prices for electricity, community concerns such as cleaner air or assistance to low -income ,residents will get overlooked, Propose'd SoWdofls: The CEA offers local governments the structure and tools to participate in California's new rnarkerplace for -energy products and services. The Local Government Commis -Sion (LOC) plans to assist local governments in establishing CEAs and direct them to funding sources at federal, state and local level 'that can help them carry Out comprehensive energy nianagemank programs, Among the types of programs CallfOrnia local governments can pursue are incentive -based green building guidelines for local builders. Austin, Texas, launched a similar PR39fam under its Sustainable Cornn unitles initiative in 1990. Under the program, buildings are rated according to their sustainability. Some 160 builders now participateandintegrate energy efficiency into building designs. CEAS could develop similar programs in California, placing a greater emphasis on integrating renewable energy technologies into building deslqns. Cal goverr energy-related under a A CEA can be a vehicle- to Put all Of a 10 Iment, 8 energ -related efft orts � single umbrella. OF -As can also serve local governments wishing to develop regional approaches to energy problems. For example, several cities Or counties May Want to pool their purchasing power in order to get better discounts on elearicity generated from a nearby renewable energy f8cifty, A CEA which serves More than one local governmentcan be established. orub/eiier,/factsheg)-,ts�/�i�E1 6,13:tmi http��H-%vvvv - , - /-.LlreepLi C� - 11/6/2007 Renewable Energy and the Mendocino Activists for a Dependable Economy (REMADE) Mission to create an "independent Green Renewable Energy Economy Now" AB 1659 as enacted into the State of California Statutes of 1984 (By Sam Farr, Assemblymember, Santa Cruz) AB 1659 Community Energy Authority Summary: Under existing law, counties and cities may generally own property and operate facilities necessary for the health and welfare of their inhabitants and for other public proposes. This bill (AB 1659 of 1984) created the Community Energy Authority Act, to state the intent of the Legislature to provide the means by which a county or city may encourage energy efficiency and conservation, and to authorize the governing body of any county or city to create a Community Energy Authority. The bill would permit 2 or more counties to jointly create an Area Energy Authority. The Act makes the governing body the commissioners of the authority and in the alternative, authorizes the governing body to appoint other persons to so serve. State of California Record of Statutes of 1984 Section 1, Part 3; City and County Agencies Chapter 1, Community Energy Authority Article 1. General Provisions 52000, This chapter may be cited as the Community Energy Authority Act. 52001, It is the intent of the Legislature in enacting this part to provide the means which a county or city can plan and implement a comprehensive energystrategy that will assist in increases on financially disadvantaged low and moderate income households as well as adversely affecting the stability of the local economy. 52007, "Area of operation" means either of the following. (a) In the case of a city, the area within its boundaries. It does not include any area which lies within another city unless the governing body of the other city has consented by resolution or ordinance. It does not include any area which lies within the unincorporated area of any county. (b) In the case of an authority created by a county, all of the county except the area within any city. 52008, "Energy project" means any project within the cities or counties boundaries that directly or indirectly involves a substantial use of energy in its operation, except that this By: Tony Orth, remade@starband.net Page 1 of 4 5/1/2008 part does not apply to any work or project undertaken within the city or county by a privately owned public utility to maintain or extend service to its customers or subscribers. 52010, "Bond" means any bonds, notes, certificates, debentures, or other obligations issued by an authority pursuant to this chapter. 52012, This chapter shall be interpreted liberally to affect its purposes. Article 2, Creation of Community Energy Authorities 52030, The governing body of any county or city may, by resolution or ordinance, create a community energy authority. 52031. The aovernina bodies of anv two or more cities or counties or anv combination 52032, The area of operation of an authority created pursuant to Section 52031 shall be the combined possible areas of operation of participating cities and counties, as determined by Section 52007. 52033, As an alternative to Section 52032, two or more governing bodies may jointly exercise any power under this chapter pursuant to a joint powers agreement entered into pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1. Article 3, Officers and Employees 52051, The powers and functions of an authority are vested in its commissioners. 52052, A majority of the commissioners constitutes a quorum for purposes of conducting the business of the authority. The commissioners shall act by majority vote thereof. 52053, The authority may adopt rules and regulations not in conflict with law. 52056, The authority may create advisory committees as deemed necessary for any purpose of the authority. Article 4, Alternative Officers 52080, As an alternative to serving as the commissioners of the authority, the governing body of any county or city, at the time of the adoption of a resolution or ordinance pursuant to Section 52030 or at any time thereafter, may appoint other persons as commissioners of the authority. The governing body shall in this case, specify the number and appointment of commissioners, except that there shall be not less than three commissioners. The governing body shall prescribe the powers and fimctions delegated to the commissioners appointed under this article. 52081, A governing body of a county or city which has appointed commissioners pursuant to this article retains the power of review and approval of all actions of the authority and may, at any time by resolution or ordinance, determine that it shall resume control of the authority, in which event the appointed commissioners shall no longer function as such. Article 5, Powers and Duties 52100, For purposes of the District Reorganization Act of 1965 (Division 1 (commencing with Section 58000) of Title 6), an authority, except as otherwise provided in this part, is By: Tony Orth, remade@starband.net Page 2 of 4 5/1/2008 a subsidiary district, as defined in Section 56073, to the government body which created Article 5 continued, 52101, An authority may, subject to the approval of the governing body, do all of the following: (a) Sue and be sued. (b) Have a seal and alter it. (c) Have a perpetual succession. (d) Make and execute contracts and other instruments necessary or convenient to 52102, Within its area of operation, an authority may do all of the following. (a) Exercise all powers and authority related to energy projects designated by the governing body and deemed to be necessary and appropriate to carry out the responsibilities of the authority, including, but not limited to, assistance in planning energy projects and uses to encourage energy conservation in new and existing construction and to minimize future energy price increases. (b) Coordinate or provide energy programs and services to the community, particularly to persons of low to moderate income and to smaller businesses. (c) Apply for, accept, and utilize any available funds appropriate to the authority's activities from federal, state, county, special district, or private sources. 52103, An authority may, subject to approval by the governing body, contract for the furnishing by any person, business, public utility, or agency, public or private, including community-based organizations, of services. 52104, To the extent feasible, an authority shall utilize the employees and services of the county or city for its operations. If the governing body determines that it is not feasible for the authority to utilize its employees or services, the governing body may authorize' the authority to employ its own staff and to contract for services needed. 52105, An authority shall apply for and obtain any permits, licenses, certificates, or approvals that may be necessary for an authority owned and operated energy project, and may construct, maintain, and operate energy projects in accordance with these licenses, permits, certificates, or approvals. 52106, An authority may, subject to the direction of the governing body, do all of the Conduct public hearings for all energy projects. Hold public hearings to review and approve all projects being developed within the community that involve a substantial use of energy and may impact the economic stability of the local economy, with particular attention to the impact to low and moderate -income households. 52107, All energy projects shall be consistent with all state, regional, and local planning, zoning, sanitary, safety, and building laws, ordinances, and regulations applicable to the jurisdiction in which the project is located. By: Tony Orth, remade@starband.net Page 3 of 4 5/1/2008 Article 6, Bonds 52120, An authority may issue bonds pursuant to the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2), except that, notwithstanding, Section 54309, 54309.1, 54310, and 54311, an authority may issue bonds to finance an energy project under this part. Article 7, Claims/ see full text attached as exhibit A. Article 8, Tax exemption of Community Energy Authority 52180, It has been found and declared by the Legislature that the activities of an authority constitute an important governmental function and are for public uses and purposes and are governmental functions of state concern. As a matter of legislative determination it is hereby found and declared that the property, projects, and bonds of an energy authority are of such character as shall be exempt from taxation. 52181, The property of an authority is exempt from all taxes and special assessments of the state and any city, county, or political subdivision of the state. In lieu of these taxes or special assessments the authority may agree to make payments to any city, county, or any political subdivision of the state for services, improvements, or facilities furnished by the city, county, or political subdivision for the benefit of an energy project owned by the authority. 52182, The bonds of an authority are issued for an essential public and governmental purpose, and together with interest thereon and income thereon, are exempt from all taxes. Article 9, Prohibitions 52190, Nothing in this act allows an authority to acquire or operate any public utility facilities or property employed in the generation, transmission, or distribution of gas, electricity, steam, or water, except by mutual agreementbetween the authority and the public utility.`' Fact Sheet prepared by: Tony Orth P.O. Box 1331 Willits, CA 95490 (707) 459-3443 remade@starband.net By: Tony Orth, remade@starband.net Page 4 of 4 5/1/2008 C7 C7 Community Cl This Man is a call for change. People hear this call differently, Some feel they can postpone action, while others are firmly convinced we must act today — if not yesterday. To all readers we offer'a view of change that helps us begin the task ahead. Change is often unpredictable. Sometimes it moves incredibly swiftly. other times it seems to stall completely, only to surprise -as with its reappearance. livery historic change is preceded by a massive collection of individual actions. Because -we cannot foresee how change will occur, each action is critical. Plan. That is okay. Plans adjust and evolve as they are put into action. But it is not okay to continue. life as usual, Non -action will create severe implications for our future, Thank you in advance for reading this Plan. We hope you find" it inspiring, challenging, and, ultimately, a compelling roadm4p of the needed change ahead. For cbange is what it is about. steeKng Committee. Jane Bender, Santa Rosa Gilt' Councilmember Jim Leddy, Pmqdemt, Santa Rosa CkYkbool4 Tanya Narath, P—xecutive Director, Leaders* Inwitute for �cologl and the Pcononiq Chris Thomas, Depuy CbunlyAdmin&ralar, county of Sonoma (ex-ofifido) Everyone has a role to create a positivefuture. ELECTED REPRESENTATIVES BUSINESS PEOPLE COMMUNITY MEMBERS Instifute new ordinapces, zorwing lawsr pricing Policies, and land use practfices. Sirenqdhery General Plans and EnviFonment-Al Impact Rep W prear?'ate clipmate pralecfiqfln Coordinate a Public Wonks projec.0 to jn,E,rease efficienry and develop local renei'vables, Make climatepratectfiffer, a high In ria rivy 1,9F &*-" and at i C zuirccN. .043 a Voice for efrueproneurial innownfion and holdaction, 'Fak&, advantage of Pew warkat opportunifies. Se", LIP einployee incentives to reduce driving fozsR fuel vehmtes- Photos: (Coast) Andrew Feldon, (Landscape) Scott Hess Urge elected reps esardatives to take artion. SP I _ipjpoili the 'i-aceduction of nevv p�jcing policies aqd financing solution -S. Wake the bftm hap in WMI VUuT ,,Woes -- and encourage Others W do the same. Togetber we can do it. tion. in business as usual. We must move together at 1. Efficiency First: Invest in widesp tremendous speed and scale. Individual actions (%&7a water efficiency to reduce demand. c,p,rr -IOU's INS and volunteerism, while essential, are insufficient. 1), F E IN I S[ FNIIS�IILINS 2. Smartfransit and Land Use: Shift trawsportation from fossil fuel vehicles to transit, ova lluag, bicy- efing, and electric vehicles. 3. Power Up Locally.- Invest.in Sonoma County,renewable energy sources and jobs. Transforming our energy infrastructure from fossil fuels to renewables entails a unity of purpose, ingenuity, and com- mitment similar to this country's mobilization during World War U and the New Deal era. Although our challenge is great, this crisis also presents us with opportunities. NNe have the knowledge, resources, and technology to initiate change that will not only reduce our GIIG emissions, but also will result in a more robust and secure economy powered by local, reliable energy; a healthier environment -with cleaner air and water; and preservation of the natural world, Cs k x.5 DOk 2,500x, 2, 010, 0 k -50 JOk 0 CA b-O)CIR GHC�' Fmiissions Prajoeted for Action Phin Solutions 2, 72", '660 tolls Ok C-) N k 0A CN 7. El' Tran zil + 4. Conserve and Capture: Protect our forests and farmland, seques- ter carbon, and convert waste into energy. The modeling used in the Plan shows us that all of the major solu- tions must be implemented. The sooner we start, the more success- ful we will be. Geffing staded with the Plan READ IT The odhole Pla',.9 can he dmnirrflaadad at sign u�.' t"a' Support iniplenawd-afiarl CA die Mau al SHARE IT Encourage other's to gra htgonvedf Md., h"VGIML LIVE IT htlatke pers-arad choices to bieakiree o -f 4rossfl A AB 811 AssenlblY Bill - CHAPTERED BILL NUMBER: AB 811 BILL TEXT CHAPTER 159 FILED WITH SECRETARY OF STATE 3ULY 21, 2008 APPROVED BY GOVERNOR JULY 21; 2008 PASSED THE SENATE JUNE 26, 2008 PASSED THE ASSEMBLY JUNE 30; 2008 AMENDED IN SENATE JUNE 16, 2008 AMENDED IN SENATE MAY 23, 2009 AMENDED IN SENATE MARCH 11., 2008 AMENDED IN ASSEMBLY JANUARY 24, 2008 AMENDED IN ASSEMBLY JANUARY 1-%RY 7; 2008 INTRODUCED BY Assembly Members Levine and Beall (Principal coauthor: Assembly Member Garcia) (Coauthors: Assembly Members Huffman; re urian, and Lena) FEBRUARY 22, 2007 An act to amend Sections 5898-12; 5898.20, 5898.22, and 5898.30 of, and to add Sections 5898-14 and 5898.21 to., the Streets and Highways Code3 relating to contractual assessments; and declaring the urgency thereof, to take effect immediately. AB 811 Assn del Bill - CHAPTERED THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5898.12 of the Streets and Highways Code is amended to read: 5898.12. (a) It is the intent of the Legislature that this chapter should be used to finance public improvements to lots or Via'. which are developed and where the costs and time delays involved in creating an assessment district,pursuant to other provisions of thisAivision or any other law would be prohibitively large relative to the cost of the public improvements to be financed nttp-//vAivw.leginfo.ca.gov/pub/07-08/bill/asm/ab—ogol-0850/`ab-811—bill-2008... 9/9/20M AB 811 AsserT'1m Bill - cHAPTERED T C (b) 2t is also the intent of the Legislature that this -chapter should be used to finance the installation of distributed generation renewable energy sources or'energy efficiency improvements that are permanently fixed to residential., commercial, industrial, or other real property. (c) This chapter shall not be used to finance facilities for parcels which are undergoing development. (d) This chapter shall not be used to finance the purchase or installation of appliances that are not permanently fixed to residential, commercial, industrial, or other real property. (e) Assessments may be levied pursuant to this chapter only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied® SEC. 2® Section 5898.14 is added to the Streets and Highways Code, to read: 5898>14. (a) The Legislature finds all of the following: (1) Energy conservation efforts, including the promotion of energy efficiency improvements to residential, commercial, industrial, or other real property are necessary to address the issue of global climate change. - (2) The upfront cast of making residential, commercial, industrial, or ether real property more energy efficient prevents many property owners from making those improvements. To make those improvements more affordable and to promote the installation of those improvements, it is necessary to authorize an alternative procedure for authorizing assessments to finance the cast of energy efficiency improvements. (b) The Legislature declares that a public purpose will be served by a contractual assessment program that provides the legislative body of any city with the authority to -Finance the installation of distributed generation renewable enemy sources and enemy efficiency improvements that are permanently fixed to residential, commercial, industrial, or other real property. SEC. 3m Section 5898.20 of the Streets and Highways Code is amended to read: 5898820. (a) (1) The legislative body of any city may determine that it would be convenient and advantageous to designate an area within the city, which may encompass the entire city or a lesser portion, within which authorized city officials and property owners may enter into contractual assessments for public improvements and to make financing arrangements pursuant to this chapter® (2) The legislative body of any city may also determine that it would be convenient, advantageous, and in the public interest to designate an area within the city, which may encompass the entire i ttp:// w.leginfo.ca.gov/pub/07-o Igill/asmgab®0801-085Q/ab_811_bll1_2008... /9/200 AB 811 ASseMbly Bill - CHAPTEREDe ,-,aq 4 OT t city or a lesser portion, within which authori'zed city officials and property owners may enter into contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property pursuant to this chapter. (b) The legislative body shall make these determinations by adopting a resolution indicating its intention to do so® The resolution of intention shall include a statement that the city proposes to make contractual assessment financing available to property owners., shall identify the kinds of public works, distributed generation renewable energy sources., or energy efficiency improvements that may be financed, shall describe the boundaries of the area within which contractual assessments may be entered into., and shall briefly describe the proposed arrangements for financing the program. The resolution of intention shall state that it is in the public interest to finance the installation of distributed generation renewable energy sources or energy efficiency improvements., or both., pursuant to paragraph (2) of subdivision (a), if applicable. The resolution shall state that a public hearing should be held at which interested persons may object to or inquire about the proposed program or any of its particulars, and shall state the time and place of the hearing. The resolution shall direct an appropriate city official to prepare a report pursuant to Section 5898.22 and to enter into consultations with the county auditor's office or county controller's office in order to reach agreement on what additional fees, if any, will be charged to the city or county for incorporating the proposed contractual assessments into the assessments of the general taxes of the city or county on real property® (c) As used in this chapter, each of the following terms has the following meaning: (1) Notwithstanding Section 5005, "city" means a city, county, or city and county. (2) "Legislative body" has the same meaning as defined in Section 5006. SEC, 4. Section 5898.21 is added to the Streets and Highways Code,, to read: D-898.21. Notwithstanding any other provision of this chapter, upon the written consent of an authorized, city official, the propos arrangements for financing the program pertaining to the installation of distributed generation renewable energy sources or energy efficiency improvements -that are permanently fixed to real property may authorize the property owner to purchase directly the related equipment and materials for the installation of distributed nttp-//wi�-jw.leginfo.ca.gov/pub/07-08/bill/aSM/ab-08ol-oa5o/ab-811—bilI 2008... 9/9/2001 AB 811 Assembly dill - CHAPTEREDr . generation renewable energy sources or energy effi Len i praover� nts and to contract directly for the- .n tdllation of distributed, generation rehewable energy sources or energyefficiency improvements that are permanently fixed to the'pro'pergt owner's residential, commercial, industrial, or other real property. SEC. 5e Section 5898.22 of the Streets and Highways Code is amended to read® 5898022. The report shall contain all of the following (a) A reap showing the boundaries of the territory within which contractual assessments are proposed to be offered. (b) A draft contract specifying the terms and conditions that would be agreed to by a property owner within the contractual assessment area and the city. (c) A statement of city policies concerning contractual assessments including all of the following: (1) Identification of types of facilities, distributed generation renewable energy sources, or energy efficiency improvements that may be financed through the use of contractual assessments® (2) Identification of a city official authorized to enter into contractual assessments on behalf of the city. (3) A maximum aggregate dollar amount of contractual assessments. (4) A method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d) A plan for raising a capital amount required to pay for work performed pursuant to contractual assessments. The plan may include amounts to be advanced by the city through funds mailable to it from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28. The plan shall include a statement of or method for determining the interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to -financing, administration, and collection of the contractual assessment program among the consenting property owners and the city. (e) A report on the results of the consultations with the county auditorls office or county controller's office concerning the additional fees, if any, that -will be charged to the city or county for incorporating the proposed contractual assessments into the assessments of the general taxes of the city or county on real property, and a plan for financing the payment of those fees SEC® 6. Section 5898.30 of the Streets and Highways Code is http=// w.leginfo.caegov/pub/C7-Cs/viii/as /ab -0801-C /ab_811 bill_2008.e. 9/9/2008 AB 811 Assembly Bill - CHAPTERED .Qf ti amended to read: 5898.30. Assessments levied pursuant to -this chapter, and the interest and any penalties thereon shall constitute a lien against the lots and parcels of land on which they are made, until they are paid. Division 10 (commencing with Section 8500) applies to the levy and collection of assessments levied pursuant to this chapter, insofar as those provisions are not in conflict with the provisions of this chapter, including, but not limited to, the collection of assessments in the same manner and at the same time as the general taxes of the city on real property are payable and any penalties and remedies and lien priorities in the event of delinquency and default. SEC. 7. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for legislative bodies of cities and free and willing propertv owners *to enter into contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements and for the state to begin to experience the effects of these contractual assessments, such as saving millions of kilowatthours, as early as this summer when usage is the highest, it is necessary that this act take effect immediately. tittp://wWw.leginfo.ca.goV/pUb/07-06/bill/aSM/ab-0801-0850/at)_811_bill_2008... 9/9/2008 Tt*VIff NX 11c June 17, 2009 CITY OF 1REPORTT- AGENDA SUMMARY •- -• • •, . SUMMARY: Staff has negotiated agreements with Redwood Business Park of Ukiah ("RBP"), two limited partnerships owned by Terrence Tallen and Anne Keshan ("TKH"), and Legacy Four -Ukiah ("Legacy"), a limited partnership which owns property adjacent to Ken Fowler Motors. Under the agreements, the Agency would acquire approximately 18 acres of land including the TKH Property on the east side of Airport Park Boulevard in the Airport Industrial Park and two parcels from Legacy adjacent to the north boundary of the TKH Property. In addition, RBP would write down the amount owed under the promissory notes it holds on the TKH Property, and the Agency would acquire a 3 year option to purchase from RBP another approximately 14.75 acres on the west side of Airport Park Blvd. across from the TKH Property. Continued on Page 2 Recommended Action(s): Ukiah City Council: 1. Approve the Assignment and Assumption Agreement with RBP and FYHRCO 2. Approve the Purchase Agreement with Legacy Four -Ukiah 3. Authorize the City Manager to execute all of the necessary agreements and purchase documents Ukiah Redevelopment Agency: 1. Approve the Assignment and Assumption Agreement with RBP and FYHRCO 2. Approve the Option Agreement with RBP 3. Approve the Purchase Agreement with TKH 4. Approve the Purchase Agreement with Legacy Four -Ukiah 5. Approve a budget amendment in the amount $4,193,615 plus all associated costs for closing 6. Authorize the Executive Director to execute all of the necessary agreements and purchase documents Alternative Council Option(s): Do not approve and provide direction to staff. Citizens advised: N/A Requested by: URA Board of Directors Prepared by: Sage Sangiacomo, Director of Community and General Services and Guy Mills, Project and Grant Administrator Coordinated with: Jane Chambers, Executive Director and David Rapport, City Attorney Attachments: 1. Property Map 2. Assignment and Assumption Agreement with RBP and FYHRCO 3. Option Agreement with RBP 4. Purchase Agreement with TKH 5. Purchase Agreement with Legacy Four -Ukiah 6. Proiect Evaluation Matrix Approved: -- Jd66 Chambers, City Manager/Executive Director Subject: Redwood Business Park/Airport Industrial Park Property Acquisition Meeting Date: June 17, 2009 Page 2 of 4 The cost of these agreements is summarized in the table labeled "Summary of Agreements" on p. 3, below. For the reasons explained in more detail below, staff recommends approval of these agreements by the Ukiah Redevelopment Agency and the City Council, because these acquisitions will promote the redevelopment goals and strategies adopted by the City and the economic revitalization of the City. BACKGROUND: The Ukiah Redevelopment Agency has powers, duties, and obligations to implement a program for redevelopment, rehabilitation, and revitalization. Over the past year, the Ukiah Redevelopment Agency (URA) has conducted a number of meetings to discuss and consider the Agency's current financial information, goals, and objectives. As a result of this work, the Agency is well positioned to consider and undertake specific projects. A principle strategy of the Agency is that major redevelopment projects and activities should alleviate blighting conditions by promoting economic revitalization. This approach to redevelopment makes the most effective use of staff and financial resources, leverages outside funding sources, and stimulates revitalization to the fullest extent possible. The Agency has identified the Redwood Business Park/Airport Industrial Park Development as a priority opportunity site for economic revitalization. Over forty acres of undeveloped and underutilized property exists in the Redwood Business Park/Airport Industrial Park Development. The property is easily accessible from US -101 and is primarily zoned and designated for retail/commercial development. In addition, much of the public infrastructure required for development currently exists. A number of large projects are operating within the Park, including Walmart, Friedman's Home Improvement, Michael's, Hampton Inn, Fairfield Suites, Staples, and Fowler Auto Center. Build -out of the underutilized property represents an opportunity for economic growth and would help secure the economic vitality of the entire development. The continued success and growth of the Redwood Business Park/Airport Industrial Park Development is critical to the City's tax revenues and ability to provide governmental services including police, fire, streets, planning, and parks. The URA has several unique tools to implement a variety of programs for the redevelopment, rehabilitation, and revitalization of blighted conditions and influences. Because of the long- term nature of redevelopment and the need to retain flexibility to respond to economic conditions, property owners, developer interests, and other opportunities as they arise, the Redevelopment and Implementation Plans for the URA define a basic framework within which specific projects can be identified to achieve solutions that will eliminate physical and economic blight. Some of the major elements of the goals identified in the two Plans related to property include: ® Plan, design, and develop properties which are stagnant or underutilized. ® Promote economic development opportunities and business retention/development. ® Eliminate blighting influences and impediments to land disposition and development in the Project Area, including, among others, small and irregular lots and incompatible and uneconomic land uses. ® Assemble land into parcels suitable for modern, integrated development. 2 Subject: Redwood Business Park/Airport Industrial Park Property Acquisition Meeting Date: June 17, 2009 Page 3 of 4 Under California Redevelopment Law, acquisition and disposition of property are among the primary activities that may be undertaken by a redevelopment agency. Acquisition of land has long been a tool for redevelopment agencies to facilitate desired development and economic growth. Specifically, land assembly can serve to eliminate development barriers, including properties of inadequate size for proper usefulness and/or in multiple ownerships. The Redevelopment Plan for the URA specifically authorizes the following actions related to property: • The acquisition of certain real property; • The management of any property acquired by and under the ownership and control of the Agency; • The disposition of property for uses in accordance with the Plan; • The redevelopment of land by private enterprise or public agencies for uses in accordance with the Plan; and • The assembly of adequate sites for the development and construction of residential, commercial, and industrial facilities. Discussion: In order to facilitate the development of underutilized properties within the Redwood Business Park/Airport Industrial Park Development, the Agency proposes to assemble approximately 18 acres of vacant land currently under multiple ownerships and divided among 12 legal parcels. In addition, the Agency proposes to purchase an option on an additional 14.75 acres of vacant property. Attachment #1 provides a detailed illustration of the properties. The Agency desires to acquire the property for reasons including, but not limited to, the following: • Potential expansion of retail offerings by the addition of a major anchor retail tenant • Utilization of land at prime retail location within the redevelopment project area • Catalyze surrounding development • Increase employment and business opportunities • Increase revenues to City and Agency • Promote infill development • Help facilitate a more integrated development of the Property Under the direction of the Ukiah City Council/URA Board, the Agency has proactively pursued facilitating development in the Park since at least 2004. This ongoing effort has now culminated in the current proposal, negotiated at length with developers and landowners. Throughout the Agency's ongoing efforts over the past years, it became apparent that the assembly of the property would not be possible without the Agency's involvement. This was due to complex market factors affecting private landowners and the economy at -large. In addition, multiple ownerships made private proposals for land assembly financially unfeasible. As the result of this proposal, the Agency will be in the position to facilitate future build -out. Assembly of the land required the drafting of a series of agreements to address conveyance of property, the release of existing notes, and easements. The following table provides a summary of the agreements. 3 Subject: Redwood Business Park/Airport Industrial Park Property Acquisition Meeting Date: June 17, 2009 Page 4 of 4 Summary of Agreements Redwood Business Park RBP & FYHRCO Assignment and Assumption Agreement Attachment #2 RBP Note Payoff and Accrued Interest for Lots G-1, G-2, & F-11 $741,116 RBP Broker and Closing Costs $215,650 FYHRCO Note Payoff and Accrued Interest for Parcel 1 $251,751 FYHRCO Broker and Closing Costs $73,350 Redwood Business Park Option Ag reement Attachment #3 Option Agreement to Purchase Lots H, G, and F6 (14.75 acres) at Fair Market Value (12% of Assessed Property Value $250,120 Interest Payment 3 ears $382,733 Property Tax Payment 3 ears $72,273 Tallen and Keshan Holdings TKH Purchase Agreement Attachment #4 Fee conveyance of Lots G-1, G-2, F-10, & F-11 (14 acres) and assumption of outstanding notes $1,500,000 Legacy Four -Ukiah Purchase Agreement Attachment #5 Fee conveyance of Lots F8 and G3 4.07 acres $620,512 Access Easement/Private Road Improvements $86,110 Upfront Agency Investment Before Resale of Property) $4,193,615 The Agency has developed a project evaluation matrix to assist with the decision making process to fund specific projects. The evaluation framework provides a mechanism for comparing projects against the Agency's goals and strategic criteria. As part of the Agency's project evaluation process, the land assembly project was applied to the evaluation matrix which is included as Attachment #6. Based on the identified criteria, the Redwood Business Park, if developed, could to a great degree fulfill the identified goals and promote economic revitalization with increased jobs, private investment and tax generation. As demonstrated in the evaluation matrix, this investment could more than pay for itself in property taxes, as well as potentially generating significant sales tax revenues. In summary, the project has the potential to generate an estimated 240,000 square feet of retail/commercial space, equivalent to roughly $33.8 million of incremental assessed value. At build -out, it is estimated that the new development has the potential to generate $7.2 million to $11.7 million of incremental property tax revenue over the life of the Agency and $1.7 million of new sales tax revenue for the City annually. In addition, the Agency could expect to recover at least $2.8 million of the initial investment from the resale of the property. Fiscal Impact: Budgeted FY 08/09 0 New Appropriation F—] Not Applicable F7x Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $0 1RDA Project Reserves TBD $4,193,615 plus closing costs El Do to the size of the attachments they are included in the Redevelopment Agency agenda item 7a, June 17, 2009, meeting.