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Home My WebLink About2009-10-21 PacketCITY O,i UKIAH RegularCITY COUNCIL AGENDA v 300 Seminary Avenue Ukiah, CA 95482 October 11 11 • 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLA ATIO S/I TRODUCTIONS/PRESENTATIONS a. Presentation On Fundraising For Future Sports Complex Playground 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Joint Council/UVSD Minutes of August 31, 2009 b. Regular Minutes of October 7, 2009 C. Special Minutes of October 13, 2009 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report Of Disbursements For Month Of September 2009 b. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well C. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Gobbi Street Water Well d. Authorize The City Manager To Execute Amendment No. 1 To The K.G. Walters Agreement For The Construction Of Gobbi Street Well In The Amount Of $13,835.00. e. Authorization For The City Manager To Negotiate And Execute A Short Term Lease Agreement With Elliott's Christmas Trees For A Portion Of Property Located At 724 South Orchard. f. Report To The City Council Regarding The Purchase Of Professional Services For The Engineering & Project Management Of The Orrs Creek Bank Stabilization Project In The Amount Not To Exceed $8,000 And Approval To Amend The Contract In The Amount Of $3,200 For Additional Services. g. Award Purchase Of Liquid Polymer Alylamine To Polydyne, Inc. At The Unit Price Of $0.70 Per Pound For An Approximate Total Amount Of $42,000 Plus Tax. h. Consider And Approve A Budget Amendment For The 2008 Home Grant. i. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status 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 PIVD a. Consideration And Action On Appeal Filed By John Eisenzopf Of The Planning Commission's Conditional Approval Of The CALSTAR Use Permit And Site Development Permit To Relocate Its Existing Operation To A New Location At The Ukiah Municipal Airport. 11. NEWBUSINESS a. A Resolution Approving The Form Of And Authorizing The Execution And Delivery Of A Purchase And Sale Agreement And Related Documents With Respect To The Sale Of The Seller's Proposition 1A Receivable From The State; And Directing And Authorizing Certain Other Actions In Connection Therewith b. The City Of Ukiah Authorizes The Northern California Power Agency To Serve As Its Designated Representative For Funding Under The California Energy Commission's Energy Efficiency And Conservation Block Grant Program. In Addition, NCPA Will Manage The $82,741 In Funding Dedicated To The City Of Ukiah, Submit Formal Applications To The California Energy Commission To Secure Such Funding, And Coordinate All Subsequent Reporting Obligations On Behalf Of The City. C. Award of Contract for Perkins Street and Orchard Avenue Intersection Improvements, Spec. 09-14 d. Authorize The City Manager To Develop And Release A Request For Proposal For Management Analysis Services To Be Utilized On An As -Needed Basis. e. Mayor Baldwin Request for Discussion Regarding Planning Commission Stipend (oral report) • 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Real Property Negotiators (§54956.8) Property: APN 178-130-01, 178-210-01 Agency Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Solid Waste Systems, Inc. Under Negotiation: Price & Terms b. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units C. Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(b)(1) — Significant exposure to litigation (1 case) d. Conference with Real Property Negotiators (§54956.8); Property: APN 002-255-02, 022-255-03, 001-181-05 and 001-050-11 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Unified School Dist Under Negotiation: Price & Terms 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 16th day of October, 2009. JoAnne Currie, City Clerk ITEM NO.: 3a October 21, 2009 The Community Services Department has identified a need for a children's playground at the Sports Complex based on the large number of families using the fields and the isolated location of the complex. We have over 2,000 men and women playing ball at the fields with games being played 5 nights a week from May through October. We host a number of weekend softball tournaments which typically draw 300 or more adults. We also have a variety of youth soccer games, youth baseball practices and youth sports fundraiser events which take place on weekends throughout the year. For example, North Ukiah Little League and Ukiah Lions Football both draw well over 500 people to their fundraisers at the Complex. Members of the community collaborated on a playground fundraiser tournament which earned over $6,000. Ukiah Valley Medical Center and First 5 Mendocino have both pledged funds, bringing the total community donation up to $20,000 thus far with a goal of $30,000. Funds will be held in a city trust account until such time the total amount of funds and plans for the playground equipment have been finalized. The funds will be released when the final plans have been reviewed and recommended by the Park, Recreation and Golf Commission and approved by the City Council. The project to develop a children's playground area will be included as part of park projects in the forthcoming Capital Improvement Project (CIP) document for further Council consideration. Community volunteers Ryan Carroll and Amanda Hair will present City Council with a check from the proceeds of the fundraiser tournament. Fiscal Impact: Budgeted FY 09/10 1:1 New Appropriation 1XI Not Applicable F-1 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Continued on Recommended Action(s): N/A Alternative council Option(s): citizens advised: Requested by: Prepared by: Jake Burgess, Sports Coordinator Coordinated with: Katie Merz, Community Services Supervisor, Sage Sangiacomo, Assistant City Manager Attachments: Approved: Ja *Chambers, City Manager 4 4 3 CITY OF UKIAH JOINT CITY COUNCIL UKIAH VALLEY SANITATION DISTRICT MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 31, 2009 6:00 p.m. Budget Work Session Rall Call The Ukiah City Council and the Ukiah Valley Sanitation District met at a special joint meeting on August 31, 2009, the notice for which being legally noticed on,, August 28, 2009. Mayor Baldwin called the meeting to order at 6:01 pm. Roll was taken with the following Councilmembers present: Landis, Thomas,`° Crane, Rodin, and Mayor Baldwin. Councilmembers absent: None. City Staff present: City Manager Chambers, Director of Finance Elton, Director of Public Works/City Engineer Eriksen, City Attorney Rapport, and City of Ukiah City Clerk Currie. Sanitation District Board present: Directors McNerlin, Hooper, Vice -Chair Pallesen, and Chair Ronco. Sanitation District Board absent: Director Paulin. UVSD Staff present: UVSD District Manager Kennedy. Presentation of Benchmark Data -City of Ukiah Staff 6:02:58 PM City Manager Chambers provided a Power Point presentation which compared the City of Ukiah and Ukiah Valley Sanitation District (UVSD) to other Sanitation Districts. Discussion of Fiscal 'Year ''2008/2009 Wastewater Enterprise Budget 6:20:30 PM District Manager Kennedy ,provided an overview of the handouts he provided to the Board and City; Council. The handouts included two (2), 612 Fund summaries one (1) including Addition Revenuefor Gross Revenue Coverage, 641 Fund summary ESSU report 2009, and Budget Issues` to be Discussed with the City Council, which covered 1. Cost Apportionment, 2. District Administrative Expenses are to be included in Fund 612, 3. Cost Accounting, 4. Internal Budget Transfers, 5. Administration and General Account, 'Department '3505 of Fund 612, 6. System Maintenance Department 3510 of Fund 612, 7. Wastewater Treatment Plant Operation and Maintenance Department 3580 of Fund 612, and an overview of the issues currently being worked out between the District Manager and the City Finance Director. Cost apportionment - Finance Director Elton provided the following proposal which would address the revenue side of this issue: put the district's revenue in fund 641 instead of fund 612 when it is billed which would allow the district's revenue to be separated, then fund 641 can make a payment to fund 612. Director Elton will review this with finance staff to ensure feasibility, the ad hoc committees will review, and it will be brought back at budget adoption meeting. 7:10:04 PM 3. Cost accounting - resolved with the City's new financial software implementation plan. 7:14:31 PM 2. District administrative expenses are to be included in Fund 612 — Continued and deferred to ad hoc committees. 7:23:31 PM Recessed 7:53 pm Reconvened 8:02 pm 4. Internal budget transfers - Finance Director Elton suggested informing District Manager when a transfer does occur. How the City processes the transfers will be provided to the ad hoc committees. 8:17:32 PM 5. Administration and general account, department 3505 of fund 612 - 5a Salaries Subaccount is in the process of being tracked by city staff. 5b Contractual services is resolved. 5c Conference and training is resolved. 8:33:32 PM 6. System Maintenance Department 3510 of Fund 612 - 6a Deferred to ad hoc committee for review. 6b Conference and training is resolved, 8:43:25 PM Mayor Baldwin left the dais and Vice -Mayor Thomas assumed the gavel at 9:12, pm. 7. Wastewater Treatment Plant Operation and Maintenance Department 3580 of Fund 612 — 7a Salaries and overtime is resolved, 7b — Contractual services is resolved and Director of Public Works/City Engineer Eriksen will provide the report of Phase 1 to the District Manager Kennedy. 9:19:25 PM Ad hoc committees are to meet and review these items before the budget adoption meeting. 9:25:18 PM By September 14, 2009, the City will provide District Manager Kennedy a list of delinquent accounts. 4. Public Comment None. 5. Adjournment There being no further business, the meeting adjourned 9:39 pm. JoAnne M. ,Currie, City Clerk CITY OF UKIAH 5b CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 7, 2009 6:00 p.. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on October 7, 2009, the notice for which being legally noticed on October 2, 2009. Mayor Baldwin called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, and Mayor Baldwin. Councilmembers absent: Councilmember Rodin. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Director of Public Works/City Engineer Eriksen, Senior Civil Engineer Kageyama, Director of Planning and Community Development Stump, Community Services Supervisor Merz, Airport Manager Owen, Electric Utility Director Grandi, Director of Finance Elton, and City Clerk Currie. 3. A 6. N PLEDGE OF ALLEGIANCE PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. A Proclamation of the Ukiah City Council in Recognition of "Domestic Violence Awareness Month, October 2009" 6:01:11 PM Vice -Mayor Thomas read and presented the proclamation to Ana Araiza, Client Advocate with Project Sanctuary. PETITIONS AND COMMUNICATIONS a. Regular Minutes of September 16, 2009 M/S Landis/Thomas to approve the Regular Minutes of September 16, 2009 as submitted. Motion carried by an all AYE voice vote. RIGHT TO APPEAL DECISION 6:07:01 PM CONSENT CALENDAR MIS Landis/Crane to approve the Consent Calendar items 7a -7j: a. Report to City Council on Claims Received for Money or Damages Against the City, Rejected By the City Manager and Referred to Redwood Municipal Insurance Fund b. Receive Report of the Expenditure of $9,920.78 for the Purchase of 2 Seats of AutoCAD Software (Autodesk Map 3D 2010) for the Electric Department C. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well d. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well CC 10/7/09 Page 1 of 6 e Approve Budget Amendment and Award of Professional Services Agreement to Rau and Associates, Inc. in an Amount Not to Exceed $18,081 for Preparation of Bid Documents for South Dora Street Rehabilitation; Designate Additional $1,808 for Design Contingencies f. Award Purchase Order to Evergreen Job and Safety Training to Provide Training Services for Electric Meter Readers/Technicians in the Amount of $15,451.92. g. Approval of Notice of Completion for Street Striping 2009, Specification No. 09- 04 h. Approval of Bid from Weck Laboratories in the Amount of $5865.00 to Analyze Drinking Water Samples Submitted for the Detection of Disinfection Byproducts i. Report to Council and Approval of the Purchase of a Telephone System and Services from Telecom Services, Inc. for the New Wastewater Treatment Plant Facility In the Amount of $11,073.44 j. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status Motion carried by the following roll call vote: AYES` Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS Ike Heinz, representing the Landfill Gas Task Force,, brought forward the possibility of using landfill gas and biomass as a local energy resource and provided a letter including the information to the City Council.6:10:39 PM Dr. Marvin Trotter thanked the City Council for working for the citizens of Ukiah and working on bringing to close the Alex Rorabaugh Center project. 6:14:49 PM J.R. Rose, senior advocate; brought to City Council's attention AB 324, which is in the Senate and has been through the Assembly and thanked the City Council for the resolutions they provided in support of the bill. He also invited City Council to be guests on his talk show which is shown on cable channel 3 the public broadcast channel. 6:15:29 PM Mike Peterson stated he is pleased to see the railroad depot being refurbished, looks forward to having a business(s) located there, and does not want to see it vandalized. He also stated he would like to see the train running again and that Masonite should remain zoned light industrial and that the Airport Business Park is a good location for large stores. 6:17:26 PM Judy Hatch, owner of Shady Grove Mobile Home Park, spoke to the City Council regarding rent control, read and provided a letter that states their opposition to rent control to City Council from David Shell, the attorney representing Mr. and Mrs. Hatch. 6:20:16 PM Judy Pruden, representing the Wagensellers Neighborhood, stated a letter, dated September 17, 2009, was sent to City Council from the Wagensellers Neighborhood regarding Orr Creek Bridge and requested Council review it thoroughly as it includes comments on design, functions, and cost saving suggestions. 6:24:29 PM CC 10/7/09 Page 2 of 6 10. UNFINISHED BUSINESS a. Status Report and Possible Direction Regarding the Code Compliance Program 6:25:44 PM 03 c Director of Planning and Community Development Stump presented the item. Recommended Action(s): Receive report and provide direction to Staff. Public Comment Opened 6:31 pm Public Speaking to the item: Rodger Schwartz. Public Comment Closed 6:34 pm By Consensus, Council directed the City Council Code Compliance Ad Hoc Committee, Councilmembers Crane and Thomas, to reconvene to discuss the program. Adoption of Resolution of the City Council of the City the Conceptual Plans for Neighborhood Enhancement Betty Street, and Lorraine Street 6:37:33 PM kiah Approving Clara Avenue, Director of Public Works/City Engineer Eriksen and Senior Civil Engineer Kageyama presented the item. Recommended Action(s): Adopt resolution approving conceptual plans for Clara Avenue, Betty Street and Lorraine Street. Public Comment Opened 6:58 pm Public Speaking to the item: Diane Zucker, Wagensellers neighborhood. Public Comment Closed 7:01 pm M/S Thomas/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. Concerns Regarding Outcome of Mobile Home Park Ordinance Governing Utility Billing 7:03:02 PM City Manager Chambers and City Attorney Rapport presented the item. Recommended Action(s): City Council receive the letter from William Nicolet, and provide direction to City Staff regarding any further actions. Public Comment Opened 7:17 pm Public Speaking to the item: Lisa Hillegas, Managing Attorney of Legal Services Northern California 7:17:43 PM 7:48:13 PM; 7:26:21 PM 7:44:51 PM Judy Hatch, Owner Shady Grove Mobile Home Park; 7:28:22 PM Marie Denham; and 7:31:56 PM John McCowen, private citizen. Public Comment Closed 7:50 pm City Attorney Rapport will look into the possibility of the ordinance as an urgency item. 7:35:00 PM M/S Crane/Thomas to direct staff to facilitate the concept of a reformulation of the calculation in the ordinance and bring back to Council as soon as possible and as part of the City's rate study look at developing a sewer rate cap for mobile home parks so park tenants' sewer charges are more equitable by limiting tenant CC 10/7/09 Page 3 of 6 liability for water leaks beyond the control of the tenants. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 7:40:06 PM d. Discussion and Possible Action: (1) to Fund Completion of the Alex Rorabaugh Center; (2) for City of Ukiah Community Services Department to Assume Management and Operation of the Facility; and (3) for City Manager/Executive Director to Negotiate and Execute All Necessary Contracts and/or Agreements to Implement These Actions 7:48:56 PM Assistant City Manager Sangiacomo, Community City Attorney Rapport presented the item. Recorn 1. City Council and Ukiah Redevelopment Ager $500,000 of Redevelopment Funds for the cor 2. Authorize the City Manager/Executive Dire( agreements to facilitate the District's and the rvices"Supervisor Merz, and nded Action(s): to approve the use of up to tion of the ARC. to neaotiate and execute the completion of the ARC in the approximate amount including: tions toward 0,000 each, a. Amending the 1989 Redevelopment Agreement between the District and the Agency to pay to the District as direct pass-through funds up to $1,000,000 on condition that those funds are used to complete the ARC; b. Agreeing that the Agency shall, at the request of the District, use up to $500,000 of Agency funds not set aside in: the District's Capital Outlay Fund for a capital project selected by the District, subject to compliance with all applicable laws governing the Agency's use of Redevelopment Funds. 3. City Council to authorize City Manager to negotiate and execute management operating agreement for Community Services Recreation Department to manage the ARC. 4. City Council to adopt operating budget, for the period January 2010 -June 2010, for the Community Services Department Recreation Division to manage the ARC. Public Comment Opened 8:02 pm Public Speaking to the item: Richard Shoemaker, Executive Director ARC 8:02:58 PM 8:27:06 PM and 8:34:55 PM McCowen, private citizen. Public Comment 8:35 Closed pm M/S Crane/Tomas to approve the Recommended Actions 1, 2, 4 and the proposed amendments to the agreement with Ukiah Unified School District. Motion 'carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 8:07:01 PM 8:08:52 PM Recessed 8:35 pm Reconvened 8:43 pm e. Discussion and Direction Regarding Agreement Among Parties Contributing Funds Toward Local Sponsor Share of the Army Corps of Engineers Coyote Dam Feasibility Study 8:43:38 PM Mayor Baldwin and City Attorney Rapport presented the item. Recommended CC 10/7/09 Page 4 of 6 Action(s): Approve the first amendment to the IWPC agreement among parties contributing funds toward local sponsor share of the U.S. Army Corps of Engineers Coyote Dam Feasibility Study. M/S Crane/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 11. NEW BUSINESS a. Proposed Adoption of New Resolution Replacing Resolution 87-45 Governing Establishment of Aviation Fuel Prices at Ukiah Regional Airport 8:58:10 PM Airport Manager Owen presented the item. Recommended Action(s): Adopt Resolution changing how Staff establishes fuel prices. M/S Crane/Landis to adopt the Resolution with two additions 1) that it comes back to City Council in five (5) years for consideration and 2) that the $.95 and $2.10 be indexed with the appropriate CPI and date to be indexed. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None, ABSENT: Councilmember Rodin. ABSTAIN: None. 9:02:43 PM b. Award of Contract for the Redwood Business Park Electric System Reliability Improvement Project, Specification No 09-13, to Wipf Construction In the Amount of $98,147.20 9:06:24 PM Electric Utility Director Grandi presented the 'item and stated this project will improve reliability for more than the Redwood Business Park. Recommended Action(s):,_ Award of contract for the Redwood Business Park Electric System Reliability Improvement Project, Specification No 09-13, to Wipf Construction in the amount of $98,147.20.. M/S Crane/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. Adjourned to closed session concurrent with the closed session for Ukiah Redevelopment Agency at 9:09 pm. Reconvened 9:12 pm 12. COUNCIL REPORTS Councilmember Landis stated a member of the community contacted her asking about the Planning Commissioners not receiving stipends or travel budget and Landis would like to see this topic on a future agenda. 9:12:29 PM 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers informed City Council of tentative, special meetings; Tuesday, October 13, 2009, closed sessions and Ukiah Redevelopment Agency meeting prior to the joint Ukiah Valley Sanitation District on October 22, 2009. 9:12:59 PM CC 10/7/09 Page 5 of 6 Adjourned to closed session concurrent with the closed session for Ukiah Redevelopment Agency at 9:17 pm. 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units b. Conference with Legal Counsel — Anticipated Litigation (Government Code Section 54956.9(b)(1) Significant Exposure to Litigation (1 case) C. Conference with Real Property Negotiators (§54956.8) Property: APN 178-130-01, 178-210-01 Agency Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Solid Waste Systems, Inc. Under Negotiation: Price & Terms d. 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, City Manager Negotiating Parties: City of Ukiah and Hardy Schmidbauer Under Negotiation: Price & Terms Reconvened in Open Session at 11:59 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting' adjourned at 11:59 pm. JoAnne M. Currie, City Clerk CC 10/7/09 Page 6 of 6 CITY OF UNCIAH CITY COUNCIL MINUTES Special Meeting Civic Center, Conference #3 300 Seminary Avenue Ukiah, CA 95482 5:00 p.m. 1. Roll Call The Ukiah City Council met at a special meeting on which being legally noticed on, October 9, 2009. M� order at 5:18 pm. Roll was taken with the following 1 RM 3 EN n Thomas (arriving 5:20), Crane, Rodin, and Mayor Baldwin. Council None. City Staff present: City Manager Chambers, City Attorney F Finance Elton, and Director of Human Resources Harris. Public Comment None. Closed Session a. Conference with Labor 5c , the notice for I the meeting to present: Landis, embers absent: rmort. Director of Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units No reportable action. eting adjourned 6:15 pm. ITEM NO.: 7a MEETING DATE: October 21, 200S AGENDA SU1111;: �i- �,�J_�1=[�3-�:7�1i7:��i7�7[+�=��1��I��i1��3��7��:1��iC�7�:��.[�7��=1�T��i�il'3�: i � •; Payments made during the month of September 2009, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the two (2) individual payment cycles within the month. Accounts Payable check numbers: 96355-96460, 96526-96668 Accounts Payable Manual check numbers: 96354, 96670-96671 Payroll check numbers: 96461-96524, 96672-96732 Payroll Manual check numbers: 96525 Void check numbers: 96669 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Fiscal Impact: Budgeted FY 08/09 LJ New Appropriation ® Not Applicable Budget Amendment Required 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 September 2009 Alternative Council Option(s): NIA Citizens advised: NIA Requested by: City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist II Coordinated with: Finance Director and City Manager Attachments: Reoorts of Disbursements Approved:-- { a e Chambers, City Manager PAYROLL CHECK NUMBERS 96461-96524 DIRECT DEPOSIT NUMBERS 43389-43564 PAYROLL PERIOD 8/23/09-9/5/09 PAYROLL CHECK NUMBERS: 96672-96732 DIRECT DEPOSIT NUMBERS 43565-43733 PAYROLL PERIOD 9/6/09-9/19/9 $13,651.49 z 1 1,-1 /u.az $64,345.05 Z!,l3,-1Z/.40 �ZZ,4Z4.y / $1,332.00 $76,643.43 $1,343.32 $3,279.28 $24,854.44 $795,621.89 $12,240.29 $12.89 $231,906.46 $5,536.80 ($2,143.70) y 1/4,031.04 $803.32 $5,786.07 .g04,U 14. / U TOTAL DEMAND PAYMENTS-A/P CHECKS $1,615,729.64 TOTAL DEMAND PAYMENTS -WIRE TRANSFERS* $0.00 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $696,203.64 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $508,195.41 *VENDOR: VOID CHECK NUMBERS: 96669 TOTAL PAYMENTS $2,820,128.69 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. Director of Finance CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER 2009 Demand Payments approved: Check No. 96354-96460, 96526-96668, 96670-96671 (no runs 9/18 or 9/25) FUNDS: 100 General Fund $115,600.45 600 Airport 105 Measure S General Fund $25,061.15 610 Sewer Service Fund 131 Equipment Reserve Fund 611 Sewer Construction Fund 140 Park Development 612 City/District Sewer 141 Museum Grants 614 Sewer Capital Projects Fund 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 $95.00 640 San Dist Revolving Fund 201 Asset Seizure (Drug/Alcohol) 641 Sanitation District Special 203 H&S Education 11489 (B)(2)(A1) $40.60 650 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 206 Community Oriented Policing 661 Landfill Corrective Fund 207 Local Law Enforce. Blk Grant 664 Disposal Closure Reserve 220 Parking Dist. #1 Oper & Maint $537.29 670 U.S.W. Bill & Collect 230 Parking Dist. #1 Revenue Fund 678 Public Safety Dispatch 250 Special Revenue Fund 679 MESA (Mendocino Emergency Sry Auth) 260 Downtown Business Improvement 695 Golf 270 Signalizaton Fund 696 Warehouse/Stores 290 Bridge Fund $562.86 697 Billing Enterprise Fund 300 2106 Gas Tax Fund 698 Fixed Asset Fund 301 2107 Gas Tax Fund 699 Special Projects Reserve 303 2105 Gas Tax Fund 800 Electric 310 Special Aviation Fund 805 Street Lighting Fund 315 Airport Capital Improvement 806 Public Benefits Charges 330 1998 STIP Augmentation Fund 820 Water 332 Federal Emerg. Shelter Grant 840 Special Water Fund (Cap Imp) 333 Comm. Development Block Grant 900 Special Deposit Trust 334 EDBG 94-333 Revolving Loan 910 Worker's Comp. Fund 335 Community Dev. Comm. Fund 920 Liability Fund 340 SB325 Reimbursement Fund $1,070.00 940 Payroll Posting Fund 341 S.T.P. 950 General Service (Accts Recv) 342 Trans -Traffic Congest Relief 960 Community Redev. Agency 345 Off -System Roads Fund 962 Redevelopment Housing Fund 410 Conference Center Fund $5,487.69 965 Redevelopment Cap Imprv. Fund 550 Lake Mendocino Bond-Int/Red $2,000.00 966 Redevelopment Debt Svc. 555 Lake Mendocino Bond -Reserve 975 Russian River Watershed Assoc 575 Garage $1,991.69 976 Mixing Zone Policy JPA PAYROLL CHECK NUMBERS 96461-96524 DIRECT DEPOSIT NUMBERS 43389-43564 PAYROLL PERIOD 8/23/09-9/5/09 PAYROLL CHECK NUMBERS: 96672-96732 DIRECT DEPOSIT NUMBERS 43565-43733 PAYROLL PERIOD 9/6/09-9/19/9 $13,651.49 z 1 1,-1 /u.az $64,345.05 Z!,l3,-1Z/.40 �ZZ,4Z4.y / $1,332.00 $76,643.43 $1,343.32 $3,279.28 $24,854.44 $795,621.89 $12,240.29 $12.89 $231,906.46 $5,536.80 ($2,143.70) y 1/4,031.04 $803.32 $5,786.07 .g04,U 14. / U TOTAL DEMAND PAYMENTS-A/P CHECKS $1,615,729.64 TOTAL DEMAND PAYMENTS -WIRE TRANSFERS* $0.00 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $696,203.64 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $508,195.41 *VENDOR: VOID CHECK NUMBERS: 96669 TOTAL PAYMENTS $2,820,128.69 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on APPROVAL OF CITY MANAGER I have examined this Register and approve same. City Manager City Clerk CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. Director of Finance W U xa OW FC Cu U OW Ho H m U 0 00 Co IZr o Ln as 00 v ro ro C14 H W 44 O N H U Cl) N H a� �H P, m 0 U] 0 HN �\ M Oo Um a 0 Cl) rd) A EI cr m 0 0 0 m ONOmNNm -I 1, H dl m H O d+ O>.110 O H O O z rN0w0-.r0m0mm0g4 to,-Hm0mmmr N0 H z I WW a u x hNLnOOtoL�MOLnOt�Ln rOMLnLC) M40 m 'x, m m W MMMV'O H'lomr1m m W m m Cl) Mm In MMOOHdI o) Ln HLnMLn vm zt,ww m Cn m m diH (V NHHm MOmHHH NLO m .D m m W IN H H M N H LO w ko l0 U) H N CA N N H H A A �WH W U A U NU]HA �Q � H Hu uH Hza W mU�E f= qz W MPUWX CHO C* �� UU' H a �mWW6> O oW Huai Cl)w�7E �W�HLWowCwIA HW�MQ Aa �+Fl0W�U W U Cnzo U30 Pa H',Z,UW zWZll' H W AWN b4 P. 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a O d Ln a c� P4 O H W U U NNHr mr1 H 00NM1-10)0 0 0000 o101r0 H H H H H H (N Cl) (n rn rn(nmM z H N N N N N N H NN (Y) 44 Ln Ln w co -O co CO 00 LO w H di I;N d•vd'w 1.0 FC rrrrrr E- 13 mcommmm 00 U oo00oo O 000000 0 000000 0 000000 0 000000' O O rnrnrnrnrnrn Ln U N U FC OHHOHH o N O o N o o (N Q) Qi H001-100 1-1 1-1 LO LO LO l0 l0 l0 LO rti Lr) o0LI) 00 O olooaloo O rt Ga Lo H H Lo 1-11-1 1-1 P4 m04 1-i \ H� -�1 w W P; w O U 44 1-x H O co U) U) U) U) u) > Wwwwww P; aaaaaa m W O1 01 P412404041-1 z mcnmcnmcn0 U H U) E-iN 0 O UUUUUUn H U Wwwwwwz z U 04 04 04 f24 04 W W O FC cnWWMMM> U is r� P; u M M W 0NN d' O Ln L1 CNNCJ 0100 0 rr000r010 0) 1-1 1-1 (N N Ln 1-1 N a H 04 co U) co W H o a wwww ('•) �D HHHH CO maaaaaa W W� zwwwaaa,a na1I �McommCl)ncwn 0 Fy z O Fczzzzzz Ho FG WH 0000000 U5+ 0401 F HHHHHHH 01 o F4 W,HHHHHH Qu) Cl) 0 H w FC FC FC FC FC FC z W HN rx H000000 Wco \ Q'u HHHHHH �., Cl) m Om HP$C4'P:P:P$P$ FC 00w HPSPx04x04fx FGa q U� A <HHHHHH [ OU F:4 0 J �H m HH z �D a w we Q O FC H a P4 Ei o H 00 CL U 0 ? O a Pa 0 Ln a w U H O H H a U Ei O U U FC N � A P rti W W Ma r -i11 -iFt� m rx O 44w 0 0 W z U W H O U U O o r Ln 'r M H 0 12 0 W d �n a a a �+ z H >q O O r� WH H U1 0 z H � H N tk O C3)om w r00 zQ Urn W ri 0 �r r w 0 0 0 Q W z H x P4 P a O U W 11 0 h6l4:41111lr•C+`l� City aJ. Z-fk afi October 21, 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 PubFic 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) on May 28, 2009, the State Water Resources Control Board amended Order WR 2009-0027-DWR. The amended Order approved the reduction in minimum instream flow requirements for the upper Russian River. The effective date was changed from July 1, 2009 to July 6, 2009. 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: J1 Approved: ne Chambers, City Manager Status of Water Emergency Conditions to Construct Oak Manor Well October 21, 2009 Page 2 Zim Industries removed the sound wall. The technical specifications -for the pump and motor have been completed. The design engineering construction, HDR Engineering, is working to complete the plans and specifications for the pump house. ITEM NO.: 7c MEETING DATE: October 21, 2009 City _ 2J zafi AGENDA SUMMARY REPORT 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. According K.G. Walters' "Three Week Schedule", due to delays by the electric vendor, the Gobbi Well pump house is expected to be completed by October 15, 2009. The schedule submitted by K.G. Walters is attached to this report. 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: Three Week Look Ahead Schedule Approved: �t4 � e Chambers, City Manager C) 0 CD0 I- Q d m G m Z m O ATTAC14MENT -j ITEM O.. 7d October 21, 2009 AUTHORIZE TO EXECUTE AMENDMENT • I TO THE K.G. WALTERS AGREEMENT FOR • - • OF •:: AMOUNTSTREET WELL IN THE OF 0r Background: K.G. Walters was awarded a construction contract for the Gobbi Street Well on June 19, 2009. On July 8, 2009, the electric service panel for Well #4 caught fire. The backup diesel engine was used to power Well #4 until it was shut down due to excessive noise. Well #4 was out of service from July 22nd to August 2"d. Gobbi St. Well was temporarily connected to the water distribution system from July 2nd to August 11th, first as an additional water supply and later to replace the water supplied by Well #4. Discussion: Submitted for the City Council's consideration and action is staff's recommendation the City Manager be authorized' to execute Amendment No. 1 to the K.G. Walters Construction Contract for schedule delays for an additional amount not to exceed $13,835. These delays were a result of the City's need to use the Well. The City directed the contractor to stop most of their work efforts so as to not interfere with the use of the Well. The contractor absorbed expenses in equipment and personnel who had to be re- mobilized. At the pre -construction meeting, K.G. Walters agreed to start work early. They began underground work on July 8th. City Staff asked Zim Industries to leave their pump and diesel engine, used for test pumping, in place to provide additional water if needed. The City furnished pump was scheduled to arrive on July 20th then Zim Industries could pull their temporary pump so construction of the well casing could begin. The City furnished pump did not arrive on site until July 28th and the temporary pump had to be left in place until the new pump arrived. On July 30th, due to repairs at Well #4, the removal of the temporary pump was Continued on Page 2 Recommended Action(s): Authorize the City Manager to execute Amendment No. 1 to the K.G. Walters Agreement in the amount of $ 13,835.00. Alternative Council Option(s): Reject recommendation and advise staff as to alternatives. Citizens advised: Requeste by: Tim Eriksen, Public Works Director and City Engineer Prepared by: Ann Burck, Deputy Director of Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Amendment No. 1 to K.G. Walters Construction Contract Approved: Jan hambers, City Manager delayed one week. On August 6th, Zim Industries pulled their pump and moved the diesel engine to the Oak Manor Well site. Fiscal Impact: Budgeted FY 09/10 ❑ New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 13,835.00 Water Fund #820 820.3908.250.001 $0.00 CITY OF UKIAH AMENDMENT NO. 1 TO AGREEMENT FOR GOBBI STREET WELL CONSTRUCTION DATED JULY 16, 2009 All terms and conditions of the Agreement for Gobbi Street Well Construction dated July 16, 2009 shall remain in force and effect except as modified by this amendment. Upon execution of this amendment, additional compensation will be paid to the Contractor as a result of the circumstances described under the Scope of Additional Work identified in this Amendment No. 1. This amendment is to provide compensation for extra work and schedule delays caused by the State's water shortage from a three year drought, an order from the California Water Quality Control Board (WR 2007-0015-DWR) and equipment failure at Well #4. K.G. Walters was not able to proceed with the construction of the Gobbi Street pump station as originally scheduled. They were also directed to work out of sequence which caused an increase in overhead and delayed the project. - Compensation for the increased overhead costs and delays shall be made on a time and expense basis at Contractor's customary fees. Compensation shall not exceed $13,835.00. K.G. WALTERS BY: WALT JOHNSON President DATE Amendment No. 1 to Agreement for Gobbi Street Well Construction JANE CHAMBERS City Manager DATE ITE NO.: 7e October 21, 2009 SUBJECT: AUTHORIZATION FOR THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SHORT TERM LEASE AGREEMENT WITH ELLIOTT'S CHRISTMAS TREES FOR A PORTION OF PROPERTY LOCATED AT 724 SOUTH ORCHARD. Background: Last year, the City of Ukiah acquired the property at 724 South Orchard Avenue in order to facilitate the necessary upgrades to increase the capacity and reliability of the Gobbi Street electrical substation which is the primary distribution location for the City of Ukiah. Previous use on a portion of the property near the corner of Gobbi and Orchard included the seasonal operations of Elliott's Christmas Trees by Mr. Steve Elliott. Over the past few years, Mr. Elliott was able to negotiate short term ground leases for the property from the previous property owner while the property was marketed for sale. Mr. Elliott's lease expired prior to the City pursuing acquisition. After the purchase, the City considered and approved a short term lease of the property with Mr. Elliott for the 2008 holiday season. Discussion: Mr. Elliott has requested from the City use of the property for the 2009 holiday season for his Christmas tree operation. In review of the development timeline with the Electric Utility Department, Staff has determined that there would not be an impact to the planned development of the new substation. Currently, the substation project is in the design and engineering phase and a short term lease with Mr. Elliott would terminate prior to any site work. Furthermore, the installation of the new well at the location is complete and the property will be vacant during the lease period. Staff requests that Council authorize the City Manager to negotiate and execute a short term ground lease agreement with Mr. Elliott for the 2009 holiday season. A draft lease agreement is included as Attachment #1 for review. Mr. Elliott has agreed to a flat fee of $3,600. Fiscal Impact: Budgeted FY 09/10 F] New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Additional Revenue $3,600 Revenue 800.0700.510.001 $0 Recommended Action(s): Authorize the City Manager to negotiate and execute a short term lease agreement with Steve Elliott of Elliott's Christmas Trees for a portion of property located at 724 South Orchard and approve a corresponding budget amendment to an Electric Utility revenue account to be determined by the Director of Finance in the amount of $3,600. Alternative Council Option(s): Determine the lease is not appropriate and provide direction to Staff Citizens advised: N/A Requested by: Steve Elliott dba Elliott's Christmas Trees Prepared by: Sage Sangiacomo, Assistant City Manager Coordinated with: Mel Grandi, Director of Electric Utility Attachments: 1. Draft Lease Approved: - 1__._r J e Chambers, City Manager LEASE AGREEMENT This lease is made and entered on October 22, 2009 ("the Effective Date"), by and between the City of Ukiah, California, a general law city, hereinafter referred to as "Lessor" and Steve Elliot DBA: Elliot's Christmas Tree Lot, a California for-profit corporation, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code 37350 to lease real property owned by Lessor. 2. Lessor has determined that it does not have a present need for the leased premises and is, therefore, willing to lease said premises to Lessee, unless or until it has a need to use said premises for municipal purposes. AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor the a portion of the real property and improvements ("the leased premises") located at 724 South Orchard Avenue, identified and described in the attached Exhibit A, which is incorporated herein. 2. TERM. 2.1 .Term. The term of this lease shall commence on the Effective Date and shall continue in effect for a period of approximately three (3) months, expiring at midnight on January 22, 2010. 3. RENT. the lump sum of $3 3.2 described in Sectioi Department located $100, if the paymei portion of the delinq nt for the term hereby demised, Lessee agrees to pay to Lessor When due; ,late fees and interest. Rent shall be due on the installment dates 3.1 and shall be considered delinquent if not received by the Lessor's Finance at 300 Seminary Avenue in Ukiah by 5:00 p.m. Lessee shall pay a late fee of t is delinquent. In addition, Lessor may charge Lessee interest on the unpaid aent;payment until paid in full as provided in Ukiah City Code section 2051. 3.3 Payment of taxes and assessments. Lessee shall also pay any real property, possessory interest or personal property taxes, and assessments imposed on the leased premises, property located on or affixed to the lease premises or as a result of the lease, use or ownership of the leased premises. 4. USE AND IMPROVEMENTS. 4.1 Condition of the leased premises. Lessee hereby agrees to maintain all improvements to the property in its condition at the time of the commencement of this lease and accept the use of the leased premises in "AS IS" condition, understanding that Lessor makes no representations as to the condition of the premises or its suitability for the uses contemplated by Lessee. Lessee assumes the obligation at its own expense to remove and properly dispose of any toxic or hazardous substances that may exist on the premises, if such substances are found to exist on the premises and must be removed in order for Lessee to make use of the leased premises. Lessee represents that it has made a thorough inspection of the premises and has undertaken to repair or adequately warn of any conditions on the premises that might constitute a hazard or danger to persons using or present on the leased premises. 4.2 Use of Property. Lessee shall use the leased premises exclusively for a Christmas Tree lot. If Lessee fails to use the Leased Premises for such purposes for a period of ninety (30) days, the lease shall terminate and Lessee shall restore possession to Lessor. Lessee shall keep the property neat and orderly, and shall not maintain or allow a nuisance on the Premises. 4.3 Improvements and modifications. Lessee shall not initiate any improvements or alterations to the leased premises without the prior written approval of Lessor through its City Manager or his or her designee. All improvements completed and/or installed by Lessee shall become the property of Lessor upon completion and/or instillation. Any temporary modifications (i.e. fencing) or buildings shall be removed prior to the expiration of the lease. 4.4 Maintenance and repair. Lessee agrees at Lessee's sole expense to keep the premises and all improvements in good repair and order and to bear the full cost for all maintenance and repair of the leased premises and all improvements. 4.5 Storage or use of toxic or h or permit the disposal of hazardous or toxic subst toxic substances are disposed of or released on 1 Lessee shall assume the entire obligation to clean defend and hold harmless the Lessor and its i damage, loss, liability, cost or expense of any disposition on the leased premises of any toxic or I 4.6 Perm appropriate regulating bod 4.7 Comp possessed or consumed c leased premises to be uses of the City of Ukiah and the 4.8 L the leased premises, garbage collection. 5. ASS'IG'NMENT. Lessee s azardous substances. Lessee shall not dispose inces on the leased premises. If any hazardous or be leased premises during the term of this lease. up any such substances and shall fully indemnify, )fficers, agents and employees from any claim, nature whatsoever arising out of the release or iazardous substance. lire any, necessary; or required permits from the )r the use of the leased premises. nce with laws. Lessee shall insure that no alcoholic beverages are the leased premises at any time. Lessee shall not use or permit the axcept in full compliance with all rules, regulations, laws or ordinances tate of California,,, and the Federal Government. Lessee shall furnish at its sole expense all utilities necessary for use of g, but not limited to, water, sewer service, electricity, natural gas, and Lessee will not assign this Lease or any interest therein and will not let or sublet the said premises or any part thereof without the written consent of the Lessor. Lessor may terminate this lease and recover possession of the lease premises, including any improvements which become the property of the Lessor upon >termination of the lease, if any assignment occurs in violation of the terms of this paragraph. "Assignment" includes both voluntary assignments and assignments that occur involuntarily or by operation of law. 6. INDEMNIFICATIONS AND INSURANCE. 6.1 Indemnification. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the leased premises, any defective condition or faulty construction of the leased premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all claims, liability, loss, cost, or other obligation, including reasonable attorney's fees, on account of or arising out of Lessee's use of the leased premises. 2 6.2 Liability insurance. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. Failure to pay rent, when due, or to comply with any other provision of this lease shall constitute a material breach of the lease and furnish grounds for termination of this lease. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this lease. In such event, Lessor shall have the right to terminate this lease and retake possession of the lease premises and any improvements which upon termination of the lease become the property of Lessor. Lessor or Lessee shall have the right to term ninety (90) days prior notice of termination. Upon the lease shall terminate at midnight on the 90th day of vacate the leased premises by said date by remo, leaving the leased premises in the same condition it and tear excepted. Lessee also agrees to remove by improvements which Lessor requests Lessee to rem( •WT. • Holding over by the Lessee after tt of extension thereof or give the Lessee any 9. INSPECTION. The Lessor and its authorized repr during the term of this lease, to enter upor same and all buildings and other imorovem+ TTORNEY' In any other party its 11. TIME nate this Lease for any reason or no reason on giving of such notice by Lessor or Lessee, this er such notice is given, and Lessee agrees to ng all of its personal, property therefrom and was in on the Effective Date, reasonable wear the lease termination date anv Lessee installed this lease shall not constitute a renewal or in or to the leased premises. shall have the right, at any reasonable time premises, or any part thereof, to inspect the and placed thereon. action to enforce any of the terms of this Lease the prevailing party shall pay the nable costs and attornevs fees. Time is of the essence of this agreement. ►k#TIT!_1► A:10 City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 13. JURISDICTION AND VENUE. Lessor and Lessee consent to the jurisdiction and venue of the California state courts in Mendocino County. Any action to enforce the provisions of this Lease shall be filed and heard in 9 such courts. The parties waive any right they might otherwise have to a different venue or an out -of - county judge. 14. NOTICES. Any written notice required hereby shall be deemed given and received when personally served or placed in the United States mail, with proper first class postage prepaid, and addressed as follows: TO LESSEE: TO CITY: Elliott's Christmas Trees Steve Elliott Ukiah, CA 95482 15. PARAGRAPH HEADINGS. City Manager Ukiah Civic Center 300 Seminary Aver Ukiah, CA 95482 Paragraph headings are included for the convf define or limit the scope of this Lease. 16. PREVIOUS AGREEMENTS. Any and all existing statements or agreements between the parties hereto, covering the same subject by the terns of this Lease, and such prior agreements further force or effect. JFM9F17W ience of the 'parties and are not intended to 1r oral or written, or renewals thereof, are hereby canceled and superseded ents or understandings shall have no This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. ATTEST: JoAnne Currie, City Clerk CITY OF UKIAH, Lessor By: Jane Chambers, City Manager Steve Elliott DBA: Elliott's Christmas Tree Lot, Lessee By: 0 Exhibit A Christmas Tree Lot Lease IMM 1110111111:�" cz jM". x4f (NO AUTO MSKS) Lessee shall prowe and main idn far the clLsallml Of the CCLIM1, ingwance agahst claims for injudez 10 perst-ns at dam [D 9ropWjV vt1l'ch my adse from or In c*rtnedcm vAh 4he Les$-.e's, operation and usE Of The leased prom` €. � N Cost Of Sri M insurance shmr? be gine by the fess, MMM—M31;w Of Fasurame Cmrago stall be al least as brow, as: A- InSt"M Sar&ss Offlice Commercial GOMMI Liabilkywoerege ,Form Na,,CG- 0loo 2 10 1 - u 8. WodterV Compensation insureas irewired hw the Stake or Calif, and Emir. Lis ifly Inair.20:9 [br Ies$EeS with 0, ft.pwly InriMrRMCe al int 61 �SIIS Of JOES 110 BRY baiwut IrMrmm--nls Or lit arments. It. Mi "mum Ljmh QLbrittfalleff Lesne-shall main aitm firnits no lew it A. r4eneial 1,1@0141y, $1,000,00 pier ors ice for rely irlwy, iremonal jury -en n ra m be i , 0 propertj darpage. I su, ice sl virik-,j an &I OM-torrence 1;a81% 9, I rnplqlmrla Urabilitf. $1.4100.00D pareft lirtedily injuiry or rise a i� Property hauranze- Full replacement, ma,with no,cobwance penalty proon, Ill. DeducMes aLud �Stired Retentions, Any dedIxtibles or:W�lrmred retertians must be declaradlo and EMProloed by lite may. 7ha CRY m4 requVe lhe IRsurer to reduce or eliminate such ileductibles Dr sel�lrmred Woolens V9111 respect t the City, its afficars, oftals, ampfay-eas arA voluldeew, or the Lewe to p(,Wd-:* a firancial quarenlea satisfactory to the DV guffanteeft P8V=nt of bssea and Telatedkivesfigmatiook tialin administration and detnst expenses, Or to epixtive the dedudible out a juivantee. w RUME—D INS URANC15- ER_OVISMS Proof of General Wbifty policy is in cor4aln, or be wdmed to ac the lok-wing pia terns: A. The 00q, [Is offinra, olficialt.e mpbym and hrntotrs are to be GoveoW as ADDITl0MaUM%R1ED w respect * 11@011-mly arisir-9 oto 0 amershl'a, ria" ince or use of. IF4, pad of the prenises leased btfie 4wee. '. The Warkes' tom pensation poncy is to be awlmrsod Vd1lh Ek waiver of submgation, TI-- imrance oamfa.Ry, In it,; da art, agreas its walveall rights, of subragaton ageimt the Cify AS Oft-tM Difr-iels,emrbyeas and wluno.rr[Or losses paid under Ifia !erns or thin paky wWn Slims: trom the mirk perflonred by the nwerW inguf cd. C. The lessee's i1sul-anta z-Vuarage sW0 be primary Imsurance with ter 11M City, ItS OkofS, DMEiRkd, ,. emplowees an, VoInteers. Any hsuvrance or self,insuraice maintained by the OV, RS Officem off'=13employees or v6wleers djal he in v*ass of the Lessees, insurance and shall not wAbitujIe vAh 0. D- Each insurance poliry raqLksul by this douse shall be ewlamd to slate ft -t courage shall ndll be cmcaded by error porty, except after IKM (30[days' prior wiftan nofte by c nail, rMum recut Tequested, has been given Me City. V ROW, it of IOswm Insurance 4 to bEpIwEd with admitted GaIllomia insurerswith a ourfenrl. Ard. Besi's rwing of n - for finmial strenqt-, AA for lonVjerm nradil ruding End AMB -1 for Hort-tern-terncredit rating, ro-lam thenlk VE- Veriflulla-M-of Comma Lessee SW furnish the, City wilts atlrql wrifficales and arnencalory endorseunts affectingsmtoga required by M Clause. The endarserneqrs Should be on fonne, provided by the Cily� I andwNwents are on r= -,s other Ther The Cq's form, eNorwmontS =V., paida coverage thall. Is equiveleni to or b€ ler' than the rbmw5 requested by 111a City. Al cerfifi.'Rites, and onclMlem-s-n1s; are to be, reosived acrd opIlrowd irl the City hisfare, wook cam mvices. The City mrm the f-4id to requite cumplate, Coddled copies Of ell required hsce (l s, inaluOig endowments aflKling Viecmfage faquirad by these sWificallons, at any Uwp-- If you have questions regarding our ins ante reqo1retnents t4mtait Risk Manager (7117 11&6207 Fax (7M, 463=6 ITEM NO.: 7f city aJ-`ztkiah October 21, 2009 • • • - • - • t • • • �� ...• • Background: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of professional services for the engineering and project management of the Orrs Creek bank stabilization project in the amount not to exceed $8,000 to LACO Associates. This project was approved and funded by FEMA, project number 126. The following three cost proposals were received for this project: • LACO Associates: $8000.00 Not to Exceed • SHN Consulting Engineers: $13,000.00 Not to Exceed • Winzler & Kelly: $17,482.00 Not to Exceed LACO Associates was the lowest qualified proposal and was awarded the project. They have been successful in coordinating all of the permitting agencies and providing the necessary engineering so that this project is on target for execution before the restraining deadlines of both the Office of Emergency Services and Fish & Game. Discussion: The construction portion of the project was previously awarded at the Council Meeting on September 16, 2009 to Valley Paving. Under a professional services contract, LACO completed the engineering plans for the construction bid and will manage and monitor the work on behalf of the City through the implementation phase. The project area includes a seasonal creek which requires coordination with permitting agencies. The final permit from the California Regional Water Quality Control Board experienced delays within that agency, and was not issued to the City until October 8t". This directly caused the work schedule to Recommended Action(s): 1. Receive report regarding the purchase of services from LACO and Associates for the engineering and project management for Orrs Creek bank stabilization project in the amount not to exceed $8,000, and approve to amend the contract in the amount of $3,200 for additional services. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: NIA Prepared by: Maya Simerson, Project Analyst, and Katie Merz, Community Services Supervisor Coordinated with: Sage Sangiacomo, Assistant City Manager and Mary Horger, Purchasing Supervisor Attachments: N/A Approved: Ja hambers, City Manager extend beyond the regulatory "dry" season which ends October 15th, and the need to meet additional regulatory requirements working outside the "dry" season. Now, additional funding for this contract is necessary so that LACO can assist the City with identifying additional permitting requirements, maintain compliance with permitting agency requirements for daily weather monitoring, provide notifications to permitting agency staff, and conduct additional site visits to verify the contractor is in compliance with permitting requirements. Thus, City Staff is requesting approval to amend the existing agreement by $3,200, which will make the final agreement with LACO to be for the not -to -exceed amount of $11,200.00. This is a FEMA funded project and all expenses are reimbursable. Fiscal Impact: Budgeted FY 09/10 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Not to Exceed $11,200 FEMA Funded 100.6120.690.000 FEMA 126 N/A M,• City c7Uriah October 21, 2009 SUBJECT: AWARD PURCHASE OF LIQUID POLYMER ALYLAMINE TO POLYDYNE, INC. AT THE UNIT PRICE OF r PER POUND FOR AN APPROXIMATE TOTAL• OF r00 PLUS TAX. Background: Submitted for the City Council's consideration and action is Staff's recommendation that the purchase of approximately 60,000 pounds of Liquid Polymer Alylamine, Praestol 193K, be awarded to Polydyne, Inc. in the amount of $0.70 per pound for an approximate total amount of $42,000 plus tax. Bids for this material were requested from 19 companies. Five responsive bids and one no bid were received. The lowest bidder is Polydyne, Inc. at a base bid of $0.70 per pound. Please refer to the attached summary table for a complete listing of bid amounts. Discussion: The material will be used at the City's Wastewater Treatment Plant as a coagulant for the treatment of wastewater effluent in the Advanced Waste Treatment process units. Funds for this purchase are included in the proposed budget for FY 09/10 in fund 612.3580.520.000. Since the budget has not been formally adopted by the City Council for this fund, Staff is requesting authorization to proceed with this award utilizing this fund number. Fiscal Impact: Budgeted FY 09/10 1-1F-1Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ WWTP, Chemicals 612.3580.520.000 Recommended Action(s): Award the purchase of approximately 60,000 pounds of Liquid Polymer Alkylamine, Praestol 193K to Polydyne, Inc. at the unit price of $0.70 per pound for an approximate total amount of $42,000 plus tax, and authorize the use of 612.3580.520.000 for this purchase. Alternative Council Option(s): Reject bid and provide direction to Staff. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Andrew Luke, WWTP Supervisor and Jane Chambers, City Manger Attachments: Bid Tabulation Approved: ` Jan hambers, City Manager C Of 17 IJE of of LL tah fto� 300 Seminary Avenue It Ukiah, California 95482 BID TABULATION For October 6,2009 Bid Opening LIQUID POLYMER - ALKYMINE I - L � X I )011114411JAKMXV COMPANY UNIT PRICE APPROX.EXTENDED$ 1. Ashland Hercules Water Technologies $0.77 per lb. $46,200.00 1313 N. Market Street Wilmington, Delaware 19894 2. Ciba Corporation $0.82 per lb. $49,200.00 2371 Wilroy Road Suffolk, VA 23434 3. Brenntag Pacific, Inc. $0.90 per lb. $54,000.00 10747 Patterson Place Santa Fe Springs, CA 90670 4. Nalco Company $1.15 per lb. $69,000.00 1601 West Diehl Road Naperville, IL 60563 5. Polydyne, Inc. $0.70 per lb. $42,000.00 One Chemical Plant Road Riceboro, GA 31323 6. Univar USA Inc. NO BID 8201 South 212th Street Kent, WA 98032 Arm O VMM MEETING DATE: October 21, 2009tiITEM AGENDAIAL REPORT SUBJECT: CONSIDER AND APPROVE A BUDGET AMENDMENT FOR THE 2008 HOME GRANT. Discussion: In February, the City was awarded an $800,000 HOME Grant from the State Department of Housing and Community Development. The grant will provide loans to low income individuals and families for the purpose of down payment assistance for first time home buyers and for owner occupied rehabilitation. The grant is administered by the Community Development Commission on behalf of the City. A copy of the award letter is included as attachment #1. A budget amendment is needed to process expenses and revenue for this grant. The proposed budget, which does not involve any general fund money, is listed below. The resolution authorizing the City to apply for the 08 -HOME -4688 Grant is also provided as Attachment #2 for review. Staff recommends the Council approve the budget amendment in the amount of $800,000. Fiscal Impact: Budgeted FY 09/10 1-1New Appropriation F-1Not Applicable ® Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Budget Amendment Required: Revenue Budget 336.0600.488.001 1" Time Home Buyer Program (FTHB) $390,000 336.0600.488.002 Owner Occupied Rehabilitation Program (OOR) $390,000 336.0600.488.003 State Recipient Administration 20,000 $800,000 Expenses 336.4722.250.001 1 st Time Home Buyer Program $335,400 366.4722.250.002 Activity Delivery FTHB Program (14%) $ 54,600 336.4722.250.003 Owner Occupied Rehabilitation Program $296,400 336.4722.250.004 Activity Delivery OOR Program (24%) $ 93,600 336.4722.250.005 State Recipient Administration 20,000 $800,000 Recommended Action(s): Approve Budget Amendment Alternative Council Option(s): Provide Direction Citizens advised: Community Development Commission Requested by: Prepared by: Cathleen Moller, Economic Development Manager Coordinated with: Jane Chambers, City Manager; Gordon Elton, Director of Finance; and Charley Stump, Director of Community Development Attachments: 1. 08 -HOME -4688 Award Letter 2. Resolution No. 2008-24 t Approved:- Ja? Chambers, City Manager grA,TEOFCAUFORNIA STANDARID AGREEMENT AGREEMk ` N&BER STP 213 Wv OM) HOM IWI WIPARTAWNT OF HOUSM AND COMMMTY DEVELOPWNT CONTILACMS NAME City or tXdah ._ 2. 71he term of d& Agramunt is: Upon HCD Approval through 04MM6 3. MW mAXftWM t of this SMA0.... 004 Agrounme is: . Pallas to comply with the iernts and condition of the following exhibits which Ke by this nibrence made a et of tWW Exhibit A - Auflmft, Purpose and Scope of Work ExWt @ t Providem ExMW C - HCD Gemml Terms and Conditions Mbit D - State of Caffernis Gmeral Terms and Coudithus ExhiNt E - Special Terms and Conditions 't EKMW t F - Addhiend Pmidow IN WIT WWEREOF, dds Agreement has ban executed by :,,, CONMCTOR 1 Department ODNTRACTORIS NAME groom *m an hwhi&w. am wksom a emporsum awpAft) General Service City of Ukiah r horind S'Pabut) DATE 0 71 D (Do not WW) By 'a. r► O. ,r. Chambers,Jae :.: TZ �.ibilaibitl4a Department f�o DATE SIGNED (Dolm Tri'LE;•V, .. ., rHentan" Contracts Manager, ADOTMS 1319 Third Street, Room Yk Saersamts, CA 95811 ExamPt -S .3 (DCS Mano dOW d/12191) RESOLUTION NO. 2008-24 Rg$OLUTI.ON OF THE CITY COUNCIL OF THE CITY OF UKIAH AIJTHO I RIZING THE P.PBMITTA4 OFAN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF F HO . USING AND COMMUr NITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPSPROGRAM; AND IF SELECTED, THE EXECUTION OF A $TANPARP A ENTTHER T , AND OF ANY qK99MENT; ANY AMPNPM, 1 1. 9 Q RPL.ATr;P DQPVMPNT6 N14PUSARY TO PARTICIPATE IN THE HOME INVit,$TMENT PARTNERSHIPS PROGRAM. 1. The California Department of Housing and Community Development (the "Department") is authorized to allocate HOME Investment Partnerships Program ("HOME") funds made available from the 'V.$- Department of Housing and Urban Development ("HUD"); and 2. HQMF_ funds are tP pip used for the purposes get forth in Title 11 of the Cranston - Gonzalez Natlonal'AffordAl�*le Housing Act of 1900, , in federal implementing regulations set forth in Title 24 of the Code of Federal Regulations; ulations, Part 92., and in Title 25 of the Calffi?mla Code of Regulations, commencing With section 8200; and 3. On June 2, 2.008, the Department issued a 2008 Notice of Funding Availability announcing the availability of funds under the, HOME program (the "NOFA and In response to the NOFA, the City of Ukiah ("City" or "Applicant 17), a political subdivision of the .State of California'(the "Applicant wishes to apply to the Department for and receive an allocation of HOME fund8.. NOW THEREFORE, BE IT RESOLVED by the City of Ukiah City Council as follows: Sectiod'.11 The' OVI ma-hage-r'81r-lie'r designee is authorized to -submit on behalf of the City an application for -the.,following,-wtM0es -and-pro raTm in the following amounts eligible for funding under the �i . 9. N'b'F'A*-(,,'zol��"'M'.eOrOgram" : Owner -Occupied Housing Rehabilitation (OOR) Program $296,400 Activity Dell . very - OOR Program $93,600 First Time Homebuyers (FTHB) Program $304,1650 Activity belivery - FTHS Program $25,350 General Administration $20,600, Total $800,000 OOR and FTHB activities shall be located in the incorporated area of the City of Ukiah. Section 2 If the application for funding is approved, then the Applicant hereby agrees to use the HOME funds for eligible activities in the manner presented in Its application, including the Down Payment Assistance and I Owner-Occu i pied Housing Rehabilitation Guidelines, all as approved by the Department in accordance with the statutes and regulations cited above. Section .3 The City Manager is authorized to execute on behalf of the City a standard agreement with the Department, any amendments thereto, and any and all other documents or instruments necessary or required by the Department or HUD "for participation in the HOME prograrn, Section 4 The Community Development Commission of Mendocino County ("CDC'�), and itsExecutive Director or his/her designee(s), ' on terms and conditions as stated in the agreement for contract administration between the City and the CDC, is authorized to act on the Cit behalf f in -all matters pertaining to this program, including executing all other documents and reports as necessary or required by the 'Department of Housing and Community Development or HUD for participation in the HOME grant program. Passed and adopted by the City Council of the City Ukiah on August 6, 2008 by the following roll call vote: AYES: Councilmembers'Thomes, McCowen, Rodin, and Mayor Crane NOES'. None ABSTAIN: None ABSENT: Councilmern r Sal win 0 c M,ayor D4oft Blas gjsF.X ATTEST: Cb VAS. 'MO'Jr�,AA if OAnne M. Currie—, Deputy City Clerk IM1711 iTIT-1=3 ITEM NO.: 7i FETING DATE: 10/21/2009 City, a}-'Z-1kiafx AGENDA SUMMARY REPORT SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT 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 implemented 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 17, 2009, the City Council adopted the mandatory water conservation measures. 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; 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; Continued on page 2 Recommended Action: City Council receive the status report on water shortage emergency, and provide further direction on water shortage activities as needed. Alternative Council Option(s): 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: Ann Burck, Deputy Director of Public Works, Attachments: Attachment 1 — Resolution Attachment 2 — Letter to SCWA Approved: Jane hambers, City Manager i SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Page 2 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. 7. Use for more than minimal landscaping in connection with new construction. Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004 quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an outside consulting firm. Developments from the SWRCB On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR 2009-0027-DWR, Order WR 2009 -0034 -EXEC. The amended order conditionally approves Sonoma County Water Agency's (SCWA) petition to reduce the flow in the Russian River from July 6 through October 2, 2009 to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre- feet. The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004) from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and municipal Russian River water user to reach a water conservation goal of 25 percent in Sonoma County and 50 percent ;in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009) . The amended order modified the original order issued on April 6, 2009. From July 6) through October 2, 2009, minimum in stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet). The order by the State Water Resources Control Board ends on October 2, 2009. The City of Santa Rosa has also lifted there conservation efforts on October 3, 2009. At this time City of Ukiah Staff is still recommending the continued effort for conservation. City of Ukiah staff is monitoring the rainfall and lake levels after the recent rainfall. This information will lead to a recommendation to council on how staff feels it is appropriate to proceed with the declaration of this emergency. ATTACHMENT RESOLUTION NO. 2009-17 RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF i-: DECLARING l PURSUANT TO THEI 1 WATER EMXRGENCY OF [ i L CODE WHEREAS, 1. Lake Mendocino and the Russian River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches; and 3. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April — June is 4.8 inches; and 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lalee level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SWRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWA") to reduce in -stream flows in the Russian River to 75 cfs from April 6 -June 30, 2009 and to as low as 25 cfs for the period July 1 -October 2, 2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April 1 -June 30, 2009; and 11. The order approving temporary changes to the minimum in -stream flows required by the appropriative rights permits issued to SCWA is subject to several conditions, including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to `obtain the cooperation and participation of agricultural and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009)"; and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual Iocal 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 IocaI emergency, local agencies may provide"mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to Iocal agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code §§ 8631-86-34); and :j 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 I 1 of the Uldah 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 I S. 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 H and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on "nonessential water use" in a Stage II water emergency and a limit on the daily use of water by different classes of water user in a Stage III emergency; and 2 20. The City can declare a Stage H or Stage H emergency, if voluntary measures or less -ie use an Rive sever mandatory measures does not achieve an adequate reduction in tl of Russian r water or in water use generally to meet the available supply; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Uldah hereby: 1. Declares a local emergency due to drought under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Uldah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 ("Conservation Period"), and to report back 0 1� t the City Council at each City Council meeting field during that same time period an the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a Stage H or M emergency, if necessary to achieve that level of water use; c. at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in a Stage H or III Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order )YR 2009-0027-DWR issued by the Division of Water Bights of the State Water Resources Control Board; c. to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E.$aldwim Mayor ATTESJ� Li id ity Clerk April 28, 2009 Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. I do not know when your letter was received by the City of Ukiah, but it arrived- at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am .making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current drought conditions directly to my office, as that will assist lis in malting timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced since.2004 by 13 %. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use. Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please find the City of Ukiah's Water Conservation Program which outlines current activities the City is talcing to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City of Ukiah must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wells 43 and 44. The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well ##3 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well #4, which is percolated groundwater. On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax, 7071463-6204 Web Address: www.cityofukiah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant. At the current time, it is anticipated that the wastewater treatment plant could begin to produce recycled water by August of 2009. A distribution system is under design and plans will be developed within the next few months. Funding for this important resource delivery project will be explored from all possible resources, as the City fully recognizes the value of using recycled water to lower the demand for surface water in our area. Although a recycled water distribution system cannot be in place for this summer, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee The City will identify water wasters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463- 6213 if you have questions regarding this information. Sincerely, ane A. Chambers City Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Uldah Water Use Annual Water Use MG 2009 1292.968 -11.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2% 2005/2004 2005 1223.542 -9-1% 2005/2004 2004 1345,744 Water Use (MG) 2004 2007 2008 2009 2.007/2004 2008/2004 April 96.743 87.507 87.865 -10% -9% May 145.402 121.506 132.345 -16% -9% June 162.897 149.782 143.469 -8% -12% July 185.876 164.473 158.899 -129'a -15% August 179.326 162.859 157,056 -9% -12% Sept. 156.798 134.481 130,508 -1496 -17% Oct. .109.224 83.777 92.724 -23% -16% Total MG 1036.266 904.385 901.866 -23% -13% ac -ft 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 57.046 27.598 62.754 -52% 10% May 112.803 72.833 111.365 -35% .1% June 129.493 109.976 102.115 -15% -21% July 131.935 105.631 109.09 -20% -17% August 126.768 104.658 101.593 -17% -20% Sept. 117.755 88.134 85.313 -25% -28% Oct, 96.734 72.864 73,465 -25% -24% Total MG 772,534 581.694 645.695 -25% -15% ac -ft 2371 1785 1982 The City ofUkiah Water Conservation 2009 The unpredictability supplies and ever Increasing demand on California's complex water resources have resultedicoordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to Implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined In the MOU are generally recognized as standard definitions of water conservation i CDWCCDemand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late *1970's. During the past five years, the City has expanded its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.40/0 in 2008 compared to 2004. CurnsnUy, the City's conservation program includes the following D/NyNa: OK0N8 1. Water survey programs for single-family residential an- d multi -family residential connections. The City tests customer meters upon request and instructs customers inhow touse their water meter todetermine if there |ooleak onthe demand side o[the meter. The Cib/provides toilet leak debaobontablets toouotounana. ^ ' OMM3.System water audits, leak detection, and repair. The City performs leak detection and repair onanongoing basis. TheCib\o|oo,co)oulateo system water losses annually and reports this information bzOVVR. DK8NY4.Metering with commodity rates for all new connections and retrofit ofexisting connections. ' The City water distribution system isfully metered. The City iscunenUv�'�a�ngold meters in the system. The new meters will provide more accurate reading of ' beuse within the City. a DD8MS.Large landscape conservation programs and incentives, The City's Planning Departmentreviews all landscape plans proposed fUrnewdoVeoprnen10 Included in oroqubemgnt for all landscape planting bzbe"those which grow well inUkiah\aclimate without extensive khoation." City staff reviews the water use of its top 5 water users and holds meetings with them on a regbiar basis to discuss landscape conservation programs. DMNI 7. Public information programs. The City believes public awareness ofwater conservation issues Is an ensuring a reliable oo�'The importantwater conservation through occasional bill stuffers, distribution of the Consumer Confidence Report, radio broadcasts, newspaper arffcles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and addlHonal information at local expositions and' fairs, and on the City website advertised to the community on a banner across a City thoroughfare. The City also provides free of charge water Conservation yard signs to encourage minimal use of water for lawn Water conservation information and assistance Isroutinely provided bzthe public bythe water utility maintenancestaff and meter readers while |nthe field. Field staff receives conservation training bobetter assist customers and promote conservation. Door hangers are used toremind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. ' DMM 8. School education programs. City staff presents Information on water conservation to elementary school children in the classroom. The City offers local schools tours of Its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. OMMS'Conservation programs for commercial, industrial, andinstitutional accounts. The City has only two industrial customers: Maverick Industries and Red Tail Ale Brewery. The City surveys the water usage of these industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. DMM11,Conservation pricing. In 2005, the City Increased and re -structured its water rates to encourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure Incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place on the water system. QMM 12. Conservation Coordinator. The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator hsresponsible for implementing and monitoring the City's water conservation activities. |npractice, the City's water conservation program includes the efforts of the Conservation Coordinator and 211 StSff. DMM 13. Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customer's premises ... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service may be discontinued if necessary. DMM 14. Residential DLFT replacement programs. Since October 1S02.the sale oftoilets using more than 1.Ggallons �per �ushhas been prohibited and Federal neQuot�naThese nag�obonaonaenforoedinthe City. /L Additional Water Conservation Measures |naddition tothe OMMo.the City has also taken the following aoUmnm 1. Installation offive waterless urinals inthe Ukiah Civic Center hzsupport and promote the use of waterless urinals in all City facilities and in the publiosector. The use of these urinals has received very positive feedback from Facilities staff who would like toinstall these /nthe Ukiah Valley Conference Center. ' 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Aoeno|eo.and the b/VV Sonoma OoUOaterAoen ~ 3. The Ukiah City adopted the AhvshneoWater Principles onApril 4.3OO7. T ho Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient use ofwater, and conserving water aoaaoepce resource. The Principles suggest a proqess for improving decision-making as it impacts water -related issues. The City Council reviewed the Principles and determined �eideas and oug8eoUonoprornohathe ��ounod|'ostated goals. '' h III. Future Water Conservation Activities The City has recently undertaken a rate and ravonoastudy of Its water -� Aenad block na�s�� ucnaand excess use charge are being ovahatedbzonouura qvva�v inclining The City has submitted a pre-app[leation to the State Water Rescurbes Control Board '9tate Revolving Fund to construct a recycled water system, The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.5 MGD In the winter of Title 22 unrestricted use recycled water. Other immediate and long-term conservation measures include: ' " Installation ofwaterless urinals and dual flush toilets / U City buildings (immediate) ° Sign the Califorrila Urban Water Conservation Council's Meffiorandurn of Understanding Regarding Urban Water Conservation and implement Mba14beo1manogennsmtpnyoUoaa " Water efficiency standards for new single-family development (long term) ° Water -efficient landscaping (long term) • Water waste ordinance prohibiting: (knmediaba i. gutterflooding 2. canmosn/umzna/aera ' 3. non -recycling decorative water fountains - 4. breaks orleaks inthe water delivery system � |nmanth/as for Retrofits(long ba 1. low flow shower heads Z. toilet displacement devices 3. toilet flappers 4. faucet aerators S. high efficiency washing machines m THEN PEOPLE'S GOVERN RER Home About Arnold About Maria Newsroom Multimedia Issues Blog Interact Appoint 06/26/2006 GAAS:404:06 FOR IMMEDIATE RELEASE PrintVersion j ShareThis Governor Schwarzenegger Issues Statement on Death of Ukiah Soldier: Sgt. Jason Buzzard GovernorArnold Schwarzenegger today released the following statement regarding the death of Sgt. Jason Buzzard of Ukiah: "Maria and I join all Californians in mourning the tragic loss of Sgt. Buzzard. Risking his life to serve his country was a duty that Jason bravely undertook. He died with honor and we will remember his service with gratitude and admiration." Buzzard, 31, died June 21 as a result of injuries sustained when an improvised explosive device detonated near his HEMTT cargo truck during combat operations in Baghdad, Iraq. He was assigned to 2nd Battalion, 8th Infantry Regiment, 2nd Brigade Combat Team, 4th Infantry Division, Fort Hood, TX. In honor of Sgt. Buzzard, Capitol flags will be flown at half-staff. Text Version I Email the Governor I Email Alerts I Internship Program I Technical Contact RSS Feeds I Site Map I Privacy Policy I Conditions of Use I Office Contact CA State Homepage ( Save Our Water © 2009 State of California Share Page Gov. Schw Gov. Flew! MORE RELAT 09/25/09 - Gov "Welcome Hon U Bill tweets 09/23/09 - Gov tweet Statement on t 09/10/09 - Gov Statement on t Share Marine VETERANS OF FOREIGN WARS OF THE U.S. UKIAH POST NO. 1900 P. O. Bax 1477 Ukiah, California 95482 City of Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 RE: PROPOSED NAME FOR ORCHARD AVENUE BRIDGE Dear Mayor Baldwin and Council Members: The new bridge connecting Orchard Avenue Extension and Brush Street is nearing completion — congratulations. Yesterday, a proposal was discussed with me concerning the bridge. The recommendation was that the bridge be named after a local veteran who died in serving our country. After discussing the proposal with several of my fellow veterans, the unanimous recommendation was that the bridge be named after Sergeant Jason J. Buzzard, United States Army (from Ukiah), who died on 21 June 2006 in Operation Iraqi Freedom. In view of the foregoing considerations, it is respectfully requested that your Council favorably consider naming the new structure the "Jason J. Buzzard Memorial Bridge." Very truly yours, Robert V. Parker Commander cc: Phillip J. Dow, Past Commander/Judge Advocate VETERANS OF FOREIGN WARS OF THE UNITED STATES ITEM NO.. MEETING DATE: October 21, 2009 AGENDA ,i REPORT SUBJECT: CONSIDERATION AND ACTION ON APPEAL FILED BY JOHN EISENZOPF OF THE PLANNING COMMISSION'S CONDITIONAL D !, i ...,!i OF CALSTAR USE PERMIT AND SITE DEVELOPMENT PERMIT TO RELOCATE OPERATION TO A NEW LOCATION AT THE UKIAH MUNICIPAL AIRPORT. SUMMARY: On August 26, 2009, the Planning Commission, with a recommendation for approval from the Ukiah Airport Commission, conducted a public hearing, and after considerable public testimony and discussion, voted 4-0 (Wetzel recused) to conditionally approve a Use Permit and Site Development Permit to allow CALSTAR to move its existing operation to a new location on the Ukiah Municipal Airport. Mr. John Eisenzopf participated in and urged denial of the proposal at the Planning Commission public hearings, and then filed a timely appeal objecting to the Commission's approval of the project. According to the Ukiah City Code, the City Council must conduct a public hearing to consider and act on the appeal. PROJECT DETAILS: Approval of the project as proposed would allow CALSTAR To operate a rapid air transportation service providing 24 hour advanced life support and transportation of victims of trauma and illness at a new location at Ukiah Airport. The proposed new location is 1357 South State Street which is the existing vacant hanger south of the Fed Ex building on the west side of the airport. The project will use the existing hangar and modular building and two new modular buildings will be placed on the site for use as Crew's Quarters (see attachment 7). CALSTAR has been operating at the airport since 1998. During a Caltrans Division of Aeronautics routine inspection of the airport, CALSTAR and the airport Staff were informed that the current location was not safe due to its close proximity to both a hillside and existing parking for fixed wing aircraft. This resulted in CALTRANS seeking a new location on the airport. CalTrans Division of Aeronautics has reviewed the proposed new location and favors it over the existing location. Continued on Page 2 Recommended Action(s): 1) Conduct a public hearing; and 2) Support the Planning Commission's unanimous approval of the CALSTAR Use Permit and Site Development Permit and deny the appeal Alternative Council Option(s): 1) Conduct a public hearing; and 3) Support the appeal and deny the CALSTAR Use Permit and Site Development Permit. Citizens advised: Publicly Noticed according to the requirements of the Ukiah City Code Requested by: John Eisenzopf, Appellant Prepared by: Jennifer Faso, Associate Planner Coordinated with: Jane Chambers, City Manager, Charley Stump, Director of Planning and Community Development, Kim Jordan Senior Planner and Greg Owen, Airport Manager Attachments: 1. Appeal Letter submitted by Mr. Eisenzopf 2. Planning Commission Minutes, April 8 and August 26, 2009 3. Planning Commission Staff Reports, April 8 and August 26, 2009 4. Ukiah Airport Commission Minutes, dated February - November, 2008 5. Correspondences from CalTrans Division of Aeronautics 6. Miscellaneous Correspondence 7. Aerial Photographs and Diagrams: Existing and Proposed Sites Approved: J Chambers, City Manager REASONS FOR THE APPEAL: Mr. Eisenzopf is appealing both the Use Permit and Site Development permit approval. The following is the basis for his appeal as stated in his letter. ® The move does not conform to the Ukiah Airport Master Plan and does not achieve a stated goal to minimize helicopter/airplane operational interaction. ® Critical facts were withheld from the Airport and Planning Commissions; the proposal was advanced in a manner calculated to mislead public officials and quash public discussion. RESPONSE TO ISSUES RAISED IN THE APPEAL: Staff has prepared the following responses to the issues raised by Mr. Eisenzopf: ISSUE 1 - Consistency with Airport Master Plan The appellant did not indicate in his appeal statement how he believed the project is inconsistent with the Airport Master Plan. He does not site any language, provisions or policies in the Plan that conflict with the proposed project. The Airport Master Plan does not include a specific section dedicated to helicopters or helicopter operations at the airport. However, helicopter operations are mentioned in several individual sections. The following Table provides a summary of these sections from the Airport Master Plan (1996) along with sections from the Airport Building Area and Land Use Guidelines (2004) that relate to helicopters uses. Staff did not find any language, provision or policy that specifically conflicts with the proposed project, and is able to conclude that the project does not conflict with the Airport Master Plan or Airport Building Area and Land Use Guidelines. Table 1 — Ukiah Municipal Airport Master Plan and Land Use Guidelines z„:� �.��:�.,; ��.. �.. v,m,��. �;�...�!�.>�SII��tp�I�A►r�o�i�11�.x�.a��.3.�J:��f,.�� ,.;�, ,x��` ��,,.��; CHAPTER AND SPECIFIC REFERENCE STAFF RESPONSE PAGE NUMBER Chapter 5 Airfield Design, Helicopter Operations CALSTAR's use of helicopters is not Airfield Design To better accommodate transient helicopters transient; therefore they will operate Page. 5-18 operations, recommends that at least two directly out of their facility and helicopter parking positions be designed on policies/guidelines that refer to the concrete apron located directly east of the transient helicopters do not apply to airport terminal building. CALSTAR. ® Helicopters based at the airport will operate The proposed new location provides a directly to/from their respective on- airport greater distance from the daily facilities. general operations of the airport terminal and will allow for more ® Such an area should be located so as to separation between the helicopter minimize helicopter/airplane operation operations and other aircraft. interaction. Chapter 6 Transient Helicopter Parking Positions Since CALSTAR's operations are not Building Area Master Plan recommends that 2-3 parking transient, this section does not apply. Development spaces for transient helicopter spaces be Page 6-8 established on the concrete apron east of the airport terminal buildin . Chapter 6 Dedicated helicopter operations area CALSTAR's parking spot will be Building Area ® A specific layout for the helicopter operations located outside of their hangar within Development area has not been identified on the Airport their leased area. Since a layout plan Page 6-8 Layout Plan. does require or identify a specific location for helicopter uses, the ® However, they should be located near approved location is not prohibited or suitable helicopter -oriented hanger/office in conflict with the Plan. facilities and should be located so as to minimize helicopter/airplane operational The new helicopter parking location interaction. provides greater distance from fixed wing aircraft than the current location. 2 Chapter 7 Land Use And Environmental Issues Page 7-27 Eastside North Helicopter Flight Routes Helicopter noise can be a significant impact and pilot techniques vary therefore effort should be made by airport management and fixed base operators to be educated in noise abatement techniques. ■ The only allowed use in the Sub -Area 3 is The physical characteristics of CALSTAR's new location (not adjacent to a hill and existing buildings can provide noise attenuation) will reduce the noise impact. The current location creates noise impacts for persons in the airport offices and public terminal Eastside North Sub -area 3 of the Sub -Area 3 helicopter operation, including a heliport. airport is undeveloped. No utilities Page 4 ■ This use requires a Site Development Permit. have been extended to this area and the taxiways and aprons needed to serve CALSTAR or any other uses of this area have not been constructed. The costs associated with these improvements are significant. CALSTAR has indicated that the improvements are too costly for them to construct as part of relocation. The language does not mandate that helicopters be located on the east side of the airport — It merely indicates that helicopters are an allowed use. Westside North ■ The Westside North Area does not list Section IX on page 11 allows for the Page 5 helicopter operations as an allowed or Planning Director and Airport permitted land use. Manager to evaluate a proposed land use that is not listed as "allowed" or "permitted" and make a determination as to whether or not it is appropriate for that particular area of the airport. Specific findings are required. On April 2, 2009, the Planning Director and Airport Manager prepared a Memorandum making the specific required findings to consider it a "permitted" use subject to the review and approval of a Use Permit. Section IX requires anyone objecting to the determination to file an appeal to the City Council within ten days of the date of the decision. No appeal was filed. ISSUE 2 — Adequacy of the Public Review Process Airport Commission Review and Recommendation: On October 8, 2008 the Airport Commission publicly reviewed and found the lease agreement for CALSTAR operations to occupy the vacant DHL hangar on the airport satisfactory, and recommend its approval to the City Council. Planning Commission Review and Action: The Planning Commission conducted a public hearing and acted to approve the Use Permit and Site Development Permit for the CALSTAR project on August 26, 2009. The meeting was well attended and public testimony was substantial. Staff from the California Department of Transportation — Division of Aeronautics attended and provided expert testimony in support of the project. The information was extremely valuable to the Commission and general public, and the issues surrounding the project were resolved to the satisfaction of the Commission. During the Planning Commission public hearing, testimony was provided by the public that the matter had been discussed by the Airport Commission on numerous occasions, and that the August 26, 2009 Planning Commission public hearing was the second one it had conducted to solicit public comments. A number of speakers opined that the matter had received ample public notice and significant public testimony through the review of the lease and through the Use Permit and Site Development Permit review process. Table 2 below provides details concerning the public review and hearing process that has occurred. Table 2: CALSTAR Relocation Review and Public Hearing Process Schedule City Council Review Meeting Date Discussions / Action November 5, City Council authorized City Manger to negotiate and execute CALSTAR's lease for new 2008 location Airport Commission Review February 5, Initial discussion — item continued 2008 March 4, 2008 Discussion about possible alternative locations- item continued April 1, 2008 Allow CALSTAR to stay at their current location on a month to month basis and continue to evaluate alternative sites for relocation- item continued May 6, 2008 Continue discussion of appropriate location — item continued September 2, A motion was made however it was not seconded to accept staff recommendation to 2008 relocate to vacant DHL hangar- item continued. October 7, Subcommittee reported that the proposed location for CALSTAR in the Westside North 2009 location is suitable. Airport Commission voted to recommend approval of CALSTAR lease. November 4, Update given to Airport Commission regarding status of CALSTAR lease review by City 2008 Council and planning process December 2, Update on CALSTAR permitting process. 2008 February 17, Update on CALSTAR permitting process by Planning Director Stump and Senior 2009 Planner Jordan. Planning Commission Review Public Notice Notice in Ukiah Daily Journal for Notice posted on the site in 3 locations April 8, 2009 Notice mailed to property owners within 300 feet of the parcel Notice mailed to all airport tenants 10 day notice April 8, 2009 Reviewed the project and Determination of Appropriate Use made by the Planning Public Hearing Director and Airport Manager. Took public comment Requested additional information on the project, including revised plans 0 CONCLUSION: In response to the appeal, Staff has reviewed the Ukiah Municipal Airport Master Plan and Building and Land Use Guidelines, and has found no inconsistency between these documents and the CALSTAR project. In regard to the statement that the project does not achieve a stated goal to minimize helicopter/airplane operational interaction, testimony provided at the Planning Commission meeting by the CalTrans Division of Aeronautics Staff indicated otherwise — that the proposed new location would reduce helicopter/airplane interaction and be a safer overall location than the existing location near the airport terminal. The Airport Commission, Planning Commission, and CALSTAR all agreed that the ideal location for the CALSTAR operation would be on the eastside of the airport, and that the currently proposed new location is considered temporary until the infrastructure is in place to support an eastside location. Staff also reviewed the public review and participation process and found that there was significant public participation and no evidence that the proposal was advanced in a manner calculated to mislead public officials and quash public discussion. RECOMMENDATION: 1) Conduct a public hearing; and 2) Support the Planning Commission's conditional approval of the CALSTAR Use Permit and Site Development Permit and deny the appeal. Fiscal Impact: Budgeted FY 09/10 New Appropriation I A Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested 5 Continued the project to a date uncertain to allow the applicant and staff time to address the issue raised at the meeting and to provide addition information. Commissioner Whetzel recused himself Public Notice Notice in Ukiah Daily Journal for Notice posted on the site in 3 locations July 22, 2009 Notice m Notice mailed to all airport tenants 10 day notice Notice posted in Airport Terminal July 22, 2009 Continued to a date certain (August 26 n) at applicant's (CALSTAR's) request. Public Hearin Public Notice No notice was required since the hearing was continued to a date certain. The following for notices were sent as a courtesy to ensure that interested parties were aware of the August 26, public hearing date and time. 2009 Notice mailed to all airport tenants 10 day notice Notice posted in Airport Terminal August 26, Reviewed project, including revised plans and additional site and context plans 2009 Took public comment Public Hearing Heard expert testimony from and asked questions of CalTrans Division of Aeronautics staff Voted 4-0 to Approve Use Permit and Site Development Permit Commissioner Whetzel recused himself CONCLUSION: In response to the appeal, Staff has reviewed the Ukiah Municipal Airport Master Plan and Building and Land Use Guidelines, and has found no inconsistency between these documents and the CALSTAR project. In regard to the statement that the project does not achieve a stated goal to minimize helicopter/airplane operational interaction, testimony provided at the Planning Commission meeting by the CalTrans Division of Aeronautics Staff indicated otherwise — that the proposed new location would reduce helicopter/airplane interaction and be a safer overall location than the existing location near the airport terminal. The Airport Commission, Planning Commission, and CALSTAR all agreed that the ideal location for the CALSTAR operation would be on the eastside of the airport, and that the currently proposed new location is considered temporary until the infrastructure is in place to support an eastside location. Staff also reviewed the public review and participation process and found that there was significant public participation and no evidence that the proposal was advanced in a manner calculated to mislead public officials and quash public discussion. RECOMMENDATION: 1) Conduct a public hearing; and 2) Support the Planning Commission's conditional approval of the CALSTAR Use Permit and Site Development Permit and deny the appeal. Fiscal Impact: Budgeted FY 09/10 New Appropriation I A Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested 5 John Eisenzopf 3331 Zaina Lane Ukiah, CA 95482 September 3, 2009 Mr. Charley Stump Director of Planning and Community Development 300 Seminary Drive Ukiah, CA 95482 Dear Mr. Stump, Affachment # .: ECEIVED CITY OF UKIA SEP 4 4 2009 CITY CLERK DEPARTMENT I would like to appeal the decision reached by the, Planning Commission on August 26, 2009 regarding CALSTAR's proposed move at the Ukiah Airport to 1:357 South State Street. The move does not conform to the Ukiah Airport Master Plan and does not achieve a staffed goal 6f'the plan to "minimize helicopter/airplane operational interaction." Furthermore, by intentionally withholding critical facts from the Airport and Planning Commissions, the proposal was advanced in a manner calculat OT mislead public officials and quash public discussion. Sincerely, John cc: Ukiah City Ukiah City ,7 h J RECEIVED CITYO UKIA SEP a s Zoos 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 CITY OF UKIAH PLANNING COMMISSION August 26, 2009 Minutes COMMISSIONERS PRESENT Judy Pruden, Chair Anne Molgaard, Vice Chair Linda Helland Linda Sanders Mike Whetzel STAFF PRESENT Charley Stump, Director of Planning Kim Jordan, Senior Planner Jennifer Faso, Associate Planner Cathy Elawadly, Recording Secretary Attachment OTHERS PRESENT Listed below, Respectively COMMISSIONERS ABSENT None 1. CALL TO ORDER The regular meeting of the City of Ukiah Planning Commission was called to order by Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. 2. ROLL CALL Roll was taken with the results listed above 3. PLEDGE OF ALLEGIANCE Everyone cited the pledge of Allegiance. 4. SITE VISIT VERIFICATION Site visit for agenda item 9A was verified. 5. APPROVAL OF MINUTES — August 12, 2009 The Commission briefly discussed the current format for the minutes with some recommendations for modification. Commissioner Sanders made the following changes: Page 8, lines 27 & 28, strike 'not realistic' and replace with 'unnatural.' Page 12, line 9, strike DZC and replace with 'FBZ' (Form Based Zoning). M/S Helfand/Sanders to approve August 12, 2009 minutes, as amended. Motion carried (5-0) 6. COMMENTS FROM AUDIENCE ON NON -AGENDA ITEMS Terry M., Program Director for the Network for Healthy California, Ukiah Unified School District commented on the DZC, Section 4 that addresses allowed and permitted uses. As an advocate for healthy eating, she does not support allowing fast-food drive thru restaurants in the Downtown area. The intent is to encourage healthy eating and active living with elementary/high school level constituents and their parents. There are 4.2 fast food restaurants for every healthy establishment in Ukiah. She recommended delineating between the concept of restaurants and fast food establishments for the DZC. 7. APPEAL PROCESS — Chair Pruden read the appeal process. For matters heard at this meeting, the final date for appeal is September 8, 2009. MINUTES OF THE PLANNING COMMISSION Page 1 August 26, 2009 1 8. VERIFICATION OF NOTICE — Major Site Development Permit and Use Permit 09 -10 -SDP - 2 UP -PC & Downtown Zoning Code Workshop # 4 were properly noticed in accordance with 3 the provisions of the Ukiah Municipal Code. 4 5 9. PUBLIC HEARING 6 9A. CALSTAR Use Permit and Site Development Permit 09 -10 -SDP -UP -PC. Request for 7 approval of a Major Site Development Permit and Use Permit to allow the relocation of 8 CALSTAR at the Ukiah Airport 1357 South State Street, APN 003-280-05. Continued from 9 July 22, 2009 and April 8, 2009. 10 11 Commissioner Whetzel recused himself from review of the CALSTAR project. 12 13 Staff presented the staff report along with the attachments. The attachments were shown on a 14 projection screen for information and clarification. The followings attachments were shown: 15 16 ® Site plan for proposed and existing location 17 ® Photos of exiting and proposed location 18 ® Draft CALSTAR lease 19 ® Federal Aviation Administration Advisory Circular 150/5390-213, Heliport Design 20 ® Federal Aviation Administration Advisory Circular 90-23 F Aircraft Wake Turbulence 21 22 Commissioner Sanders requested a summary of the information in Attachment 6, FAA Advisory 23 Circular, since the Commission does not have a copy of the full text. Also, the matter of rotor wash 24 was brought up at the April 8 Planning Commission meeting and she would like to have additional 25 information in this regard. 26 27 Staff noted complete hard copies of the Circulars are available tonight along with a scanned copy that 28 can be shown on the projection screen, if requested. Patrick Miles from the Department of 29 Transportation, Division of Aeronautics will comment and provide clarification regarding any FAA 30 Advisory Circulars and regulations regarding which Commissioners may have questions or want 31 clarification. 32 33 Commissioner Helfand asked to see the site map showing the location of the Gordon Jahnke 34 hangar in relation to the distance to this hangar and the proposed site for the CALSTAR operation. Is 35 helicopter or aircraft parking allowed in front of the hangar adjacent to CALSTAR? 36 37 Staff projected the site plan with the proposed location of CALSTAR and the location of Mr. Jahnke 38 on the screen and noted Mr. Jahnke leases the hangar to the south of the proposed CALSTAR 39 hangar. The area in front of his hangar is for general use and not specifically assigned to any 40 particular tenant. A tie -down area is located to the south of this hangar and is available for longer 41 term parking of fixed -wing aircraft. Transient parking is essentially common space for the parking of 42 any aircraft at the Airport for a short period of time whether it is fixed -wing aircraft or helicopters 43 because this common area is not specifically leased to any one person. CALSTAR's draft lease 44 includes the former DHL hangar and the apron area in front of the hangar that extends to the grass 45 area. 46 47 Patrick Miles — State Department of Transportation, Division of Aeronautics, Aviation Safety 48 Officer, commented as follows: 49 ® He is an Airport safety inspector for Caltrans. 50 ® The State of California through the Public Utilities Code highly recognizes the importance of 51 emergency helicopter services whereby special provisions are put into the California Code 52 that encourage these types of businesses/service providers in local communities such as in 53 Ukiah. Public Utilities Code 21662.4 references/addresses emergency aircraft flights for 54 medical purposes, which are exempt from local ordinances that may restrict operation 55 thereof. MINUTES OF THE PLANNING COMMISSION Page 2 August 26, 2009 M 1 ® The State Department of Transportation (Caltrans) holds the airport operating permits for all 2 Public Use airports where considerable effort is made to routinely conduct safety inspections 3 for these airports annually. 4 ® It is very important to recognize the Ukiah Municipal Airport does not have a heliport nor is 5 such a facility recognized on the Airport Layout Plan, which is the document the FAA uses to 6 determine funding for projects in which Caltrans is also a matching donor. Caltrans does not 7 suggest there should be a heliport at the Ukiah Airport. Most airports in California do not have 8 a heliport. San Francisco International and Sacramento airports do not have heliports. 9 ® When discussing the criteria associated with an emergency medical service operation at the 10 Ukiah Airport, the need is for a parking space only, which is different from a heliport and 11 subject to different requirements. 12 ® If a heliport were established at the Airport, Caltrans has the authority to apply certain 13 standards or grant exceptions to the standards whereby the appropriate criteria to use would 14 be the Federal Aviation Regulations, Part 77. The FAA also put out an Advisory Circular 15 (1505392b, Chapter 5) and in this document there is text that pertains to the parking of 16 helicopters at airports. 17 ® The matter of airport criteria relative to fixed or mobile objects is specifically addressed in 18 Table 2-3 of the Airport Design Guide (FAA Advisory Circular 150530013, Separation 19 Standards) that references sizes of different airports. The criteria/standards become more 20 stringent the larger and busier an airport becomes. The Ukiah Airport is somewhat remote 21 and small whereby the B-2 standards apply. The table in the design guidelines indicates the 22 distances between taxiway centerlines and fixed or mobile objects should be 65.5 feet. A 23 distinction was noted between a taxiway and a taxi lane with regard to the issue of parking. 24 The lines designate where the aircraft should follow in order to avoid other obstacles or 25 airplanes. The criterion is slightly smaller for taxi lanes (57 feet) compared to 65.5 feet for a 26 taxiway. 27 s There appears to have been some confusion about parking aircraft within three rotor 28 diameters. FAA Handbook 80, 83-25A is a training document for all pilots. Pilots should be 29 familiar with the instructions in the handbook. Page 4-8 of the handbook states, `The pilots of 30 small aircraft should avoid a hovering helicopter by at least three rotor diameters to avoid the 31 effects of down wash.' This does not mean a helicopter cannot be parked closer than three 32 rotor diameters of aircraft. The rules with regard to parking of helicopters do differ and are not 33 interpreted in the same way. Using the application of the parking standards for heliports in the 34 design guidelines indicate helicopters can be parked in much closer proximity to other 35 aircraft. 36 ® FAA regulations for general aviation aircraft addresses maintaining safe altitudes for 37 airplanes and helicopters and specifically indicate while helicopters may operate at less than 38 the minimum prescribed for fixed wing aircraft, the operation must be conducted without 39 hazard to persons or property. This is essentially left to some interpretation. Again, there are 40 no specific numbers associated with what has been discussed in terms of how close or how 41 far apart parked aircraft and helicopters need to be. 42 ® The above -referenced criterion is the position the State Department of Transportation, 43 Division of Aeronautics takes. Caltrans has highly trained professional pilots, land use 44 planners and engineers. The Department of Transportation Division Chief has submitted a 45 letter reiterating the position that other trained professionals in this department have taken 46 which is that the current location of the CALSTAR operation in Ukiah is not as safe as it 47 should be because 1) it is too close to objects and 2) the operation presents noise/other 48 nuisance impacts and/or potential hazards to persons moving between airplanes and the 49 Airport administration building. 50 It is the position of the State Office Department of Transportation that the proposed location 51 for CALSTAR is perfectly safe and preferable to the current location and that CALSTAR 52 should operate at this location. 53 54 Commissioner Molgaard inquired about the process of potentially relocating CALSTAR and the 55 circumstances that occurred from 2005 to 2009. She questioned the risk factor for Caltrans not more MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 3 1 actively choosing to pursue the issue from 2005 until 2009. She asked the question because the 2 Commission must make a decision between two sites as to which is 'riskier.' 3 4 Patrick Miles stated to date there has been essentially no change from the longstanding 2005 5 recommendation that CALSTAR relocate to another site on the Airport for safety reasons. The 6 problem has been that nothing was happening with regard to finding a suitable location for CALSTAR 7 to relocate. Airport Manager Owen has been instrumental in moving the matter forward. The issues 8 remain the same. How much risk is involved is likely open to interpretation. The current location is 9 'risky' enough that Caltrans is recommending CALSTAR relocate. He apologized to the community for 10 Caltrans not pursuing the matter more aggressively. He prefers the Commission take Caltran's 11 recommendation to relocate CALSTAR to the proposed location. 12 13 Staff referred to the summary table of issues provided in the staff report and projected on the screen 14 and commented staff's understanding in working with the Airport Manager is that no site was 15 available to move CALSTAR until recently. 16 17 Commissioner Sanders referred to correspondence from Mr. Miles and inquired about the concern 18 expressed for the fuel trucks that are parked near the existing CALSTAR operation. 19 20 Patrick Miles stated concern has been expressed where the fuel trucks are parked. The trucks are 21 parked closer than what should be the case. The proposed location better suits the fueling situation 22 than the existing location. 23 24 Commissioner Helland inquired whether the move is considered to be an urgent matter. Does the 25 recommendation still hold true if there was a transient aircraft parked in front of the southern or right - 26 hand hangar next to the proposed hangar for CALSTAR? 27 28 Patrick Miles affirmed that Caltrans recommends CALSTAR move to a more suitable location and 29 away from the passenger terminal and pedestrian/truck gate. His recommendation would remain the 30 same if a transient aircraft was parked in front of the hangar that is to the south of CALSTAR's 31 proposed hangar. 32 33 Chair Pruden asked if Mr. Miles agreed with the statement, 'The optimum situation is to create a 34 heliport that meets all the Department of Transportation, Division of Aeronautics standards.' 35 36 Patrick Miles does not agree with this statement. He sees no reason to establish a formal heliport at 37 the Ukiah Airport. A heliport is established for the purpose of arriving and departing from a spot. This 38 recommendation has not been made by the State Department of Transportation. In the event the 39 helicopter moves off of the parking spot and to another place does not necessary mean it goes to the 40 runway, but rather moves to a location that is safer to make a departure without the need for a 41 heliport. He explained the technical aspects of how helicopters operate. 42 43 Chair Pruden stated the planning documents do recommend the development of a heliport on the 44 east side of the Airport for safety reasons. Is having a heliport a better option than not having one? Is 45 it better to have a designated heliport? 46 47 Patrick Miles would need more information in order to make an informed answer. Heliports are 48 normally far enough away from parked aircraft that when helicopters are stopping or taking off do not 49 disrupt the other aircraft. If a heliport was designed to be on the ramp, the area must be cleared for a 50 good distance, but it if the facility is developed away from the ramp and out on good surface area, 51 then a heliport would be a good idea. 52 53 Chair Pruden requested clarification there have been no reported safety issues in the 10 years 54 CALSTAR has been operating at the current location. While the current location is not the optimum 55 site, it has demonstrated during the last 10 years not to be unsafe. 56 MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 4 I Patrick Miles is not aware of any reported incidents that involve a helicopter. However, the lack of 2 reported incidents does not mean that the existing CALSTAR location is safe nor is it a good practice. 3 4 PUBLIC HEARING OPENED: 6:45 p.m. 5 6 John Eisenzopf is an Airport tenant, owns an aircraft and works at a flight school in the vicinity of the 7 current location for CALSTAR. He has submitted written correspondence in opposition to the 8 proposed relocation of CALSTAR and the documents are included as an attachment to the staff 9 report. He commented as follows: 10 ® Finds it interesting Mr. Miles does not recommend a heliport at the Ukiah Airport. 11 ® The objective has been to separate helicopter and fixed wing traffic, which should be the 12 continuing objective. Moving the heliport to the east side of the Airport is the most effective 13 way to accomplish this objective, which has been the opinion of the Airport Commission as 14 expressed in public meetings and in the Airport Master Plan. 15 ® He agrees with the Airport Master Plan that the goal/objective is to 'minimize 16 helicopter/aircraft operational interaction.' 17 ® He fully supports the operation and mission of CALSTAR and for this emergency service 18 business to continue operating at the Airport, but not in the proposed location. 19 ® His primary concern is for safety. 20 ® The proposed location is better than the existing location. 21 ® The existing location is temporary and not the best location available, but it does have easy 22 access to the runway, which is critically important. From the existing location, the helicopter 23 can simply hover from the ramp and taxi across the taxiway to the runway in order to depart. 24 CALSTAR would not be able to do this at the proposed location. 25 ® The new location would not minimize interaction between helicopters and fixed -wing aircraft 26 instead the opposite occurs because the helicopters would have to taxi for a length of three 27 football fields in either direction that is also shared with fixed -wing aircraft. 28 29 Commissioner Molgaard asked if the helicopters can go across the existing grass at the new 30 location. 31 32 Patrick Miles commented helicopters are not required to taxi to the runway to take off and depart and 33 they are not restricted to taxing on taxiways. According to regulations, helicopters are required to 34 operate in such a manner so as not to endanger people or property on the ground and this is the only 35 rule that pertains to helicopters. Helicopters are allowed to taxi across grass and take off from 36 taxiways. Again, helicopters are not restricted to the requirements prescribed by Mr. Eisenzopf. 37 38 John Eisenzopf asked why have a need for a helipad if a helicopter does not need one and can take 39 off and land from anywhere? 40 41 Patrick Miles stated there is no need for a helipad only the need for a helicopter parking spot. 42 43 John Eisenzopf asked why would any airport have a helipad? 44 45 Patrick Miles stated Ukiah is not considered to be a busy airport so that a helipad is not necessary 46 unlike other airports having high aircraft traffic whereby local authorities have determined the safest 47 way to conduct this type of operation is to have a helipad/heliport. Helicopters based in busy airports 48 are normally expected to avoid the flow of fixed -wing traffic. The easiest way to handle helicopters is 49 to assign a heliport. The State officials do not make this recommendation for the Ukiah Airport. 50 51 John Eisenzopf expressed concern for the amount of dust and debris that would be generated by 52 helicopter operations at the new site, especially taxing across the grass field. When the Airport 53 taxiways/runways are swept, dust and debris end up in the grass between the taxiway and the 54 runway. The concern is that the debris generated by the helicopters could damage aircraft parked in 55 the vicinity, as well as create dust causing potential nuisance impacts and damage to hangar tenants. MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 5 =I I Commissioner Molgaard referred to an aerial overview of the Airport of the proposed site, and 2 asked why Mr. Eisenzopf states there would be more interfacing of aircraft at the proposed location 3 than what occurs at the existing location with regard to the flight school. The issue appears to be 4 more about debris than the interfacing of aircraft. 5 6 Commissioner Helfand stated it may be that the project conditions of approval should specifically 7 address debris and maintenance of the area outside of the CALSTAR hangar, including the grass 8 areas. 9 10 John Efsenzopf stated: 11 There would likely be considerably less interfacing of helicopter and fixed -wing aircraft if 12 CALSTAR proceeds straight across the grass field. However, he is concerned about the 13 amount debris that would be generated and kicked into aircraft hangars and maintenance 14 facilities in the vicinity of CALSTAR's proposed location. He commented on the matter of 15 relocating CALSTAR when it was more seriously discussed last year by staff and the Airport 16 Commission. It was noted at that time Caltrans had approved the new site and therefore, it 17 must be safe. Some of the answers to questions raised tonight should have been addressed 18 then and there was no opportunity. Any attempt to dialogue about safety has been shutdown 19 with Caltran's statement that the proposed site is safe and therefore, the site is 'approved.' 20 21 A public body having the responsibility of representing the public's interest in the democratic 22 process should have complete and correct information. 23 24 The Airport Commission was informed there were no objections from the neighbors when in 25 fact Airport tenant Mr. Jahnke, the closest neighbor to CALSTAR, stated his complaints about 26 the proposed location in writing. This information was not shared with the Airport 27 Commission. The Airport Commission was laboring under a false assumption when 28 considering the project and it likely had an impact on this body's recommendation for 29 approval by the Planning Commission at the April 8 meeting. Also, the Planning Commission 30 should have had better information when the project was initially reviewed. 31 32 ® In his opinion, a corruption exists in the democratic process. 33 34 . According to Gary Cathey, Division Chief, California Division of Aeronautics, regarding 35 Caltran's authority and jurisdiction over the proposed moves, indicated in April 2009 that 36 Caltrans has permitting authority over airports, not individual businesses on an airport. 37 Permitting authority over individual businesses lies with the specific airport's governing 38 authority, which, in this case, is the City of Ukiah and that Caltrans has jurisdiction over 39 movement areas such as runways and taxiways not ramps or parking areas. In the a 40 of a formal plan present to Caltrans, there is nothing to approve and Caltrans role is 41 only. advisory 42 43 He found out later Caltrans is not requiring this meeting in which Mr. Miles has alluded. Mr. 44 Cathey stated in a letter there are two alternative sites that have been discussed. These sites 45 were not discussed during Airport Commission meetings. One of options is for CALSTAR to 46 stay where it currently operates, but simply move the parking further from the embankment to 47 a different location on the ramp and this would satisfy Caltrans Aeronautics' concerns about 48 safety with regard to CALSTAR helicopter parking. Again, this was informatio 49 available to the Airport Commission for this body to consider. While the Airpn ort Commission was not made 50 did consider several other locations on the east side and Northwest corner, this particular 51 option was never presented. 52 53 Commissioner Molgaard agreed Mr. Eisenzopf's concerns should have been better represented 54 and that the public agencies involved better informed. 55 MINUTES OF THE PLANNING COMMISSION Page 6 August 26, 2009 W 1 Chair Pruden commented when the Planning Commission reviewed the project at the regular April 8 2 meeting, the Commission did recognize that many issues regarding relocation had yet to be resolved 3 and this was the reason the Commission asked for the matter to be continued. The Planning 4 Commission at that point indicated they had insufficient information to make an informed decision. 5 6 There was a general discussion concerning CALSTAR operating on the east side of the Airport. Mr. 7 Eisenzopf stated the only matter standing in the way is the lack of water, sewer and electricity. It was 8 pointed out the reasons this option was not pursued was lack of infrastructure; costs associated with 9 making the necessary improvements; and the lack of funds available for these improvements. 10 CALSTAR and the City of Ukiah do not have the economic resources to make the necessary 11 improvements even if this would be a suitable location. 12 13 Commission Molgaard inquired whether a cost benefit analysis has ever been conducted. 14 15 Chair Pruden noted the Airport Commission minutes reflect many discussions concerning the 16 relocation of CALSTAR and available/suitable site options. The Airport Commission discussed the 17 cost of paving over the grass area at the proposed location and if CALSTAR is to go this kind of 18 expense the intent should be to provide for a designated heliport in the proper place as opposed to 19 just paving the grass area which serves no purpose except to reduce dust. 20 21 John Eisenzopf supports having a plan in place that benefits everyone and if money is to be 22 invested, it should be done properly and for permanency. 23 24 Paul Likens is the lead pilot for CALSTAR and commented: 25 i Has been a helicopter pilot for 40 years. 26 ® Addressed some of the misconceptions: 1) the current location is safe, but the proposed 27 location is safer because the operation would not be in close proximity to other 28 aircraft/general aviation people operating in the terminal building and vicinity, and 29 public/businesses that use the ramp. 2) The ramp area likely has more debris than where 30 CALSTAR is presently located, but because CALSTAR is the only business operating 31 location, they can keep the area clean. in this 32 ® The grass area referenced above would reduce debris if the grass were irrigated and green 33 and maintained at a particular height. 34 ® Relative to the issue of'CALSTAR hovering over the runway, San Francisco International 35 Airport does not have a heliport nor do many other larger airports in California. Instead, 36 these airports have parking areas for helicopters. The CALSTAR helicopters would take off 37 and land from the taxiway just outside of the parking area and into whichever way the wind 38 is blowing, which differs for fixed -wing aircraft. CALSTAR would not interfere anymore in the 39 fixed -wing flow than it does now except when CALSTAR lands and taxies into the parking 40 spot, there would be less interference with a fixed -wing aircraft. 41 The two fixed -wing aircraft the flight school operates with are within 100 feet or less of 42 CALSTAR. The proposed site allows for much greater distance between an parked 43 than the current site. There is sufficient room between aircraft provided transient aircraft rdot 44 not parked hap hazardously around CALSTAR helicopters. When such circumstances airc45 occur, it makes if difficult for the helicopters to take off having to go straight up and miti 46 the rotor wash. gate 47 Agrees with Caltrans' recommendation that it would be safer to relocate to the new site with 48 regard to effectively being able to mitigate safety issues associated with being in close 49 proximity to persons/property and noise/debris impacts at the current location. 50 51 Commissioner Sanders inquired regarding a letter by Patrick Miles dated May 20, 2009 that states, 52 'we further recommend the helicopter parking pad and surrounding area be swept or vacuumed on a 53 recurring basis to minimize potential debris damage from rotor downwash,' and whether this would be 54 a problem for CALSTAR to do on a regular basis? 55 56 Paul Likens does not believe this would be a problem and that CALSTAR can keep the area clean. MINUTES OF THE PLANNING COMMISSION Page 7 August 26, 2009 M% I Commissioner Helfand stated when she observed the helicopter operation, it went pretty much up 2 and down and there was no taxing or hovering, and questioned this when Mr. Eisenzopf's concern 3 was primarily about taxing and interference with fixed -wing aircraft from a safety standpoint. Will the 4 helicopter taxi? 5 6 Paul Likens stated the one aircraft with wheels will taxi on the ground, rolls like an airplane and 7 generates very little rotor wash. The other aircraft has skids on it and generates more rotor wash 8 because it is 9,000 pounds heavier and because it is on skids, the aircraft must be taken out to a 9 hover that requires a lot more power than just rolling on wheels. A helicopter does not have to hover. 10 In the many airports that CALSTAR operates, they rarely use the runway. The only time CALSTAR 11 would use the runway at SF International Airport, for instance, is when there is inclement weather and 12 subject to instrument flight rules. He cannot recall ever having to touch down in a helicopter on the 13 runway at SF International Airport. When he breaks out of a cloud and goes down the runway part 14 way, there are two types of taxing: 1). Hover taxi 2). Air taxi. Hover taxi is below 50 feet and air taxi is 15 above 50 feet. After breaking out of the clouds the tower will clear to air taxi and park. At SF 16 International Airport, he just parks off to the side of the general aviation terminal area. 17 18 Commissioner Sanders asked if Ukiah Airport has received complaints for safety issues or concerns 19 about rotor wash from the other tenants? 20 21 Paul Likens stated there have been no complaints from tenants. There have been two minor 22 incidents involving fixed -wing aircraft and it remains questionable whether CALSTAR was truly at fault 23 in these cases. 24 25 Commissioner Molgaard asked if the plan should be to irrigate the grass area and allow it to grow to 26 a reasonable height as opposed to paving it over? 27 28 Paul Likens stated it would be cost effective to maintain grass and explained how this would benefit 29 the operation in terms of mobility and less potential impacts would be created from dust and debris. 30 31 Commissioner Helfand asked if in Mr. Likens' opinion, while the move will be costly whether it is the 32 best option compared to relocating to the east side of the Airport? 33 34 Paul Likens stated even though the move will be costly, there will be increased safety and the 35 location will provide for better efficiency particularly for the aircraft mechanics because the facilities 36 including the crew -quarters will be in the same location, more isolated and overall provide for a more 37 effective/organized operation. In terms of relocating to the east side, even though this is a good 38 location because the area would likely be developed with a helipad and designated parking, it would 39 be too costly to improve at this point. The east side does not have a taxiway that goes to the runway. 40 CALSTAR would essentially need access to a taxiway coming off the runway to a private ramp, which 41 may be problematic. It would be difficult to keep airplanes/transient aircraft from potentially interfering 42 with the taxiway after exiting the runway. While this is acceptable procedure, in actuality `aircraft exit 43 the runway in both ends and once in the middle and all on the same side of the runway and this could 44 lead to confusion.' 45 46 Commissioner Mofgaard requested clarification if CALSTAR has engaged in discussions with either 47 the Airport Commission and/or City staff in terms of planning to relocate to the eastside of the runway. 48 CALSTAR should at least be a participant in this planning process. 49 50 Paul Likens stated it is not CALSTAR's job to engage in such a plan. CALSTAR has discussed 51 relocation to the east side of the Airport with the Airport Commission. The necessary infrastructure 52 simply does not exist to allow CALSTAR to operate in this location. 53 54 Commissioner Helfand asked if it would be possible at the existing site to move the present parking 55 area further out to the ramp? MINUTES OF THE PLANNING COMMISSION Page 8 August 26, 2009 M 1 Paul Likens stated moving the parking further out to the ramp only gets the helicopter operation 2 away from the hillside and this would eliminate some transient parking for airplanes. The noise 3 impacts and the possible incursion of pedestrians and vehicles would not be mitigated at this location. 4 5 Phillip Ashiku commented: 6 ® Is an airport tenant and an immediate tenant to CALSTAR at the current location. 7 ® The present location is a tremendous safety hazard to people visiting the Airport terminal 8 and/or to transient parking facilities in the vicinity. 9 ® As a person having a hangar next to CALSTAR, he has experienced no problems at all. 10 ® Patrick Miles is the expert in the field of aviation and safety. His recommendation should be 11 recognized. 12 ® Supports relocation to the former DHL hangar site as being perfectly safe. 13 14 Mark Ashiku commented: 15 ® Agreed with Phillip Ashiku's comments. 16 ® The current location is unsafe and uncomfortable/inappropriate because the helicopter is 17 parked right near the Airport terminal and sidewalk where employees and the public walk and 18 congregate. 19 ® CALSTAR serves as a very valuable resource to this community. 20 0 Briefly commented on helicopter flying protocol and facilities CALSTAR needs in order to 21 effectively function as an emergency rescue service. 22 ® Patrick Miles is qualified expert and his recommendation should be taken. 23 ® Supports relocation to the proposed site because it represents a significant improvement 24 from a safety/security perspective. 25 26 Don Albright commented: 27 0 Is a tenant. on the on the south end of the Airport. 28 aAgrees with the comments made by Mark and Phillip Ashiku. 29 ® Advised that CALSTAR has had some damage to their aircraft as a result of vandalism at the 30 current location. Having a hangar to house aircraft is very important unlike the present 31 circumstance. 32 ® The current location is a problem because it is located near the ramp that is used by the 33 public and businesses, such as UPS trucks, and with CALSTAR operating in close proximity 34 presents a significant safety hazard. 35 i With regard to debris, much of this is generated from the infield as a result of mowing the 36 grass and the cuttings blow around the Airport. 37 ® Supports relocation to the proposed site. 38 39 There was a brief discussion concerning debris. It was noted the Airport taxiways and runways are 40 swept and this maintenance task has increased more so this summer. 41 42 Gordon Gore commented: 43 ® He was a commercial pilot/flight instructor and has been flying to and from the Airport since 44 1972. 45 ® Referred to the proposed site and noted at one time he leased a hangar in the area. 46 Eventually the hangar adjacent to his was rented by Winters Helicopter Service. He and Mr. 47 Winters had problems with their individual operations because his access was continually 48 blocked by Mr. Winter's operation. When the City constructed a ramp for him, there was 49 never a problem with interference between his fixed -wing operation and the helicopter service 50 business. 51 ® With regard to the element of debris on taxiways, helicopters actually sweep the debris away. 52 ® The existing site for CALSTAR was chosen because it had electricity, water and sewer 53 service and not for any other reason. 54 ® Supports relocation to the proposed site. 55 MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 9 I Dottie Deerwester commented: 2 ® Is the Chair of the Airport Commission. 3 ® The Airport Commission spent many hours in meetings discussing the relocation of 4 CALSTAR and options available. 5 ® The relocation was planned as opposed to being a hodge-podge move. 6 ® An Airport Land Use and Layout Plan has been adopted and is used for the purpose of 7 determining the best and highest use for a particular facility/Fixed Base Operator (FBO) 8 and/or new development for a specific area on the Airport. The Airport Commission is highly 9 committed to the application of this document, which was referred to during the discussions 10 concerning the pros and cons for relocating CALSTAR. 11 ® A sub -committee was formed to look at site options. 12 ® The Airport Commission closely evaluated all options when the DHL hangar became 13 available, including the present location taking into consideration cost factors for making 14 improvements to a particular site and/or development of infrastructure, before making a 15 recommendation to the Planning Commission for approval. 16 The Airport Commission unanimously supports recommending CALSTAR relocate to the east 17 side of the Airport. However, this location is not feasible because it would be too costly for the 18 City and CALSTAR to make the infrastructure improvements necessary for CALSTAR to 19 operate as helicopter emergency rescue service. Since this move is not feasible at this time, 20 the Airport Commission recommends relocating CALSTAR to the former DHL hangar, 21 including the grassy area and keeping this area grassy. 22 f The Airport Commission, staff, CALSTAR and City Council agreed the proposed site should 23 be for a period of five years, allowing time to develop the east side of the Airport as a 24 permanent location, if this is possible/feasible. 25 ® It was agreed the City should have the option whether or not to renew/extend the lease when 26 it expires. 27 ® FedEx was consulted with and supportive of the relocation. 28 ® The Airport Commission also reviewed the site layout in terms of compliance with setbacks 29 and Building Restriction Line and other regulations. 30 ® The project evaluation is essentially a planned approach to dealing with the safety issue, 31 utilizing space that became available, and effectively maximizing the use of land to benefit 32 the Airport. 33 ® CALSTAR will pay for the relocation costs at the proposed location, which is a 'real credit' to 34 them. 35 ® Relocation to the proposed site is a 'win-win' solution. 36 37 Chair Pruden asked if the Airport land use guidelines are still useful as a tool for land use planning ? 38 39 Dottie Deerwester stated the planning documents are valuable and did provide direction for the 40 Airport Commission toward making the decision for CALSTAR to relocate to the new site. As 41 redevelopment monies become available, there may be other opportunities to develop areas on the 42 Airport, such as the north east corner to promote tourism and work with the hotels in the Airport 43 Industrial Park. 44 45 There was discussion concerning development of the east side of the Airport and it was noted the 46 cost of making improvements for future development is the reason this is not feasible at this time. The 47 Airport Land Use document addresses allowed and permitted uses for this section of the Airport to 48 assist with decision making about future development as to the best and highest use of land to benefit 49 the Airport. 50 51 Duell Parks commented: 52 ® Owns a helicopter and has used the Airport since 1974. 53 ® CALSTAR has been very conscientious and considerate about maintaining safety at the 54 Airport. 55 ® Helicopter pilots must be very knowledgeable about rules and protocol at airports. MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 10 1 ® The present location where CALSTAR is very unsafe because of the pedestrian and 2 vehicular traffic in the ramp and sidewalk area where CALSTAR helicopters park. 3 ® Supports relocation. 4 5 Richard Howland 6 ® Has leased a hangar adjacent to CALSTAR and he has issue with the fuel trucks parked in 7 the immediate vicinity of the CALSTAR operation, noting it to be hazardous. 8 ® The nation is in a major recession and it is not known how long this could continue. While the 9 east side of the Airport would be a good site as a permanent location, it is economically 10 unfeasible to develop/make improvements at this time. 11 ® The proposed location is suitable. 12 13 Eric Crane commented: 14 ® Serves as an Airport Commissioner. 15 ® Planning documents generally do not 'fair well' in Ukiah. The Airport has the Airport Master 16 Plan and Airport Land Use and Layout Plan to direct and guide development and uses at the 17 Airport. The existing Airport planning document says that helicopter traffic should be directed 18 to the east side. 19 ® Relocation of CALSTAR to the DHL Hangar appears to be a better solution compared to what 20 is existing, but it is not consistent with the long term planning documents. 21 ® Referred to the site plans and questioned whether the crew quarters building complies with 22 the building setback line. The diagram indicates the building is east of the building setback 23 line and whether this is in compliance with the Building Restriction Line. It is his 24 understanding with regard to the existing hangars in the area, the reason they are not closer 25 to the runway is because they are not allowed to be. 26 Supports relocation to the proposed site even though the site is not ideal. 27 28 Nick Bishop 29 ® Is a business owner on the Airport and his business is located midway between the existing 30 and proposed site for CALSTAR. 31 ® The existing site does not mix well with the many activities that occur in this area. 32 ® Supports relocation to the proposed site. 33 34 Airport Manager Owen addressed compliance with the development standards for the crew 35 quarters building in relation to the Building Restriction Line. The chain link fence on the FedEx side 36 going north/south essentially marks the boundary for the Building Restriction Line. The building will be 37 setback so as to comply with the Building Restriction line. 38 39 There was a brief discussion concerning the CALSTAR lease agreement. CALSTAR is required to 40 maintain the two grass areas on the site so that no Foreign Object Debris (FOD) is produced from the 41 operation. 42 43 Staff provided this section of the draft lease on the projection screen for review by Commission and 44 the public. 45 46 PUBLIC HEARING CLOSED: 8:13 p.m. 47 48 Commission summary comments: 49 50 Chair Pruden — The project presents complicated issues. 51 Agreed the Airport Commission thoroughly/carefully discussed the relocation of CALSTAR as 52 reflected in the minutes for this Commission. 53 ® Supports the application of planning documents/guidelines that direct land use at the Airport MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 11 1 ® Supports CALSTAR relocate to the east side of the Airport as documented in the Airport Land 2 Use and Layout Plan as the ideal location, but understands that due to economic conditions 3 this is not possible at this time. 4 She was very dismayed over the rumor that she and Commissioner Whetzel were not 5 supportive of CALSTAR. To the contrary, CALSTAR provides an invaluable service to this 6 community. 7 ® The project submits to the practicality/reality of the situation and essentially 8 disregards/discounts the documents in place that provide the foundations and input for good 9 planning at the Airport. 10 11 PUBLIC HEARING RE -OPENED: 8:34 p.m. 12 13 Debbie Pardee, Regional Director for CALSTAR in Ukiah commented on the site development 14 permit portion of the project and explained the layout of the buildings relative to compliance with the 15 building setback rules. 16 17 Dottie Deerwester commented: 18 ® When the Airport Commission was reviewing the land use document in connection with the 19 different sections on the Airport in order to find an acceptable area for Caltrans to relocate, 20 the Commission actually declined to consider some areas because they were not in 21 compliance with the Airport Master Plan and/or Airport Land Use and Layout Plan. 22 23 Commissioner Helland commented: 24 ® Supports following the planning and land use documents that guide development at the 25 Airport. 26 ® The primary concern for relocation is the matter of safety. 27 ® She understands the pros and cons of the project. 28 ® The current location presents more of a safety risk to people. 29 ® Is concerned about the issue of debris that was discussed and supports possibly adding 30 language to Condition of Approval No. 2 to better address this issue. 31 i Make it a project condition that the premises must be swept at least once a month. 32 33 Chair Pruden stated CALSTAR has indicated they would clean their area. 34 35 Commissioner Sanders commented: 36 ® Commended staff for acting diligently in responding to the issues/concerns raised at the 37 regular April 8 Planning Commission meeting and appreciates that CALSTAR operates in 38 Ukiah and is an important resource in Mendocino County. She also appreciates Mr. Miles 39 being present to address concerns raised in April. 40 Patrick Miles is the qualified expert and his recommendations do effectively speak to the 41 issues of safety and debris. 42 ® The matter of debris should be managed on a daily basis. 43 ® It is not necessary to make the matter of debris a project condition because CALSTAR has 44 stated there has only been two complaints in the many years of service at the Airport. 45 ® Public testimony has indicated that CALSTAR is a very responsible business and careful 46 about safety and debris and/or any other impacts to persons, vehicles, property, and aircraft 47 and will continue to act responsibly at the new site. 48 ® Supports approval of the project. 49 50 Commissioner Molgaard commented: 51 ® Although the Airport Land Use and Layout Plan serves a valuable purpose, she is more 52 concerned with moving CALSTAR to a site that is much safer. 53 ® Inquired whether it would be useful to condition the lease that Caltrans could be required to 54 relocate if the east side were developed so as to avoid a situation whereby money becomes MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 12 I available for development and infrastructure improvements and no action is taken to 2 encourage relocation. 3 4 Airport Manager Owen commented in response to lease agreements and with adding conditions, 5 there maybe a requirement that if a tenant according to his/her lease must move in five years, the 6 City must pay the cost of the move. The CALSTAR lease has been approved by the City Council and 7 must now be executed by the City Manager. The lease is for a term of five years. 8 9 Commissioner Molgaard stated while the chance the east side can be developed in five years is 10 'slim,' adding a condition to the lease or Use Permit/Site Development Permit would demonstrate the 11 overall intent is compliance with the Airport Land Use and Layout Plan. 12 13 Staff provided the section of the draft lease projected on the screen for review by Commission and 14 the public. 15 16 Airport Manager Owen stated it may be the City Attorney should review the matter. Additionally, a 17 lease must be legally binding and can only contain specific terms and conditions and must conform to 18 lease laws. 19 20 Dottie Deerwester addressed the matter of the lease agreement, and stated the Airport Commission 21 did review the lease agreement and had a discussion whether a clause should be added stating 22 CALSTAR must relocate to the east side or other more suitable area. One of the reasons the 23 Commission did not support including such a clause is because it may be that there is no money 24 available to develop a site on the east side; therefore, no development can take place, which would 25 mean the City is 'stuck' with the cost to move CALSTAR. In this regard, there is a lease extension 26 and/or renewable lease option clause in the lease that allows the City flexibility whether or not to 27 renew the lease in the event the existing use needs to be changed to better benefit the Airport or that 28 a more suitable site is available wherein CALSTAR would move and incur the cost. 29 30 PUBLIC HEARING CLOSED: 8:52 p.m. 31 32 Commissioner Molgaard stated the lease extension clause wherein the City can exercise the option 33 whether or not to renew the lease satisfies her concern about further conditioning the lease to require 34 CALSTAR relocate to a permanent location at some point in the future in order to comply with the 35 existing planning and land use documents . 36 37 The Commission modified Condition of Approval No. 2 to read: 38 On plans submitted for building permit, the applicant shall demonstrate how Foreign Object Debris 39 (FOD) will be managed. This includes installation of `hard' grass in the areas identified as grass areas 40 on the proposed site plan. 41 42 There was brief discussion about how the landscaping has significantly deteriorated at the DHL 43 Hangar and the Commission supports adding a condition that addresses the landscaping. The 44 Commission recommended using standard condition regarding required landscape maintenance. 45 46 Staff recommended using standard landscaping language that applies to Commercial zones. 47 48 The Commission added Condition of Approval No. 15 and reads: 49 50 All required landscaping shall be properly maintained to insure the long-term health and vitality of the 51 plants, shrubs and trees. 52 53 MIS Molgaard/Sanders to approve Major Use Permit 09-10—SDP-UP-PC with Findings 1-7 and staff 54 to expand the findings to reflect the discussion of the safety improvements and the difference 55 between the existing and proposed sites and Major Site Development Permit with Findings 1-3 and 56 Conditions of Approval for the Use Permit and Site Development Permit 1-14 with modification to MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 13 I Condition of Approval No. 2 and the addition of Condition of Approval No. 15. Motion carried with the 2 following roll call vote: 3 4 AYES: Commissioners Sanders, Helland, Molgaard and Chair Pruden 5 NOES: None 6 RECUSED: Commissioner Whetzel 7 8 DRAFT USE PERMIT FINDINGS TO ALLOW 9 CALSTAR OPERATIONS TO LOCATE AT 1351 SOUTH STATE STREET ON THE AIRPORT 10 GROUNDS AND OCCUPY AN MEDIUM SIZE HANGAR. 11 12 The following findings are supported by and based on information contained in this staff report, the 13 application materials and documentation, and the public record. 14 15 1. The proposed project, as conditioned, is consistent with the following General Plan goals and 16 policies: 17 18 e Airport Goal AE -1: Promote the Ukiah City Airport for the community benefit both now and in 19 the future. 20 21 The relocation of the CALSTAR operations to the proposed site will allow for the 22 continuation of a viable business at the Ukiah City Airport. This business will provide the 23 community with emergency medical transportation, which is valuable service in rural 24 community. 25 26 Airport Policy AE -1.1: Ensure that the airport's vitality and growth help achieve the General 27 Plan Vision. 28 29 The relocation of CALSTAR will allow for the airport to continue to grow in that the exiting 30 location can be used by another business that would benefit the community. 31 32 ® Airport Goal AE -2: Provide for long-term viability of the airport. 33 34 The relocation of CALSTAR will allow emergency medical transportation to stay and 35 continue to function at the Ukiah Airport which will ad to the continued growth of the 36 airport. 37 38 Community Facilities and Services Goal CF -8: Maintain effective, fast, and dependable 39 emergency medical response in the Valley. 40 41 The relocation of CALSTAR will allow for a more efficient and safe site while enabling 42 reliable emergency medical transport to remain in the valley 43 44 2. The proposed project, as conditioned, is consistent with the purpose and applicable 45 requirements of the Public Facilities zoning district in that: 1) airports and aviation related 46 functions and uses are allowed. 2) the proposed use is consistent with the existing 47 surrounding aircraft/air taxi uses . Based on information submitted by CALSTAR the 48 operation fits the definition of aviation facilities and aviation related uses in the Zoning 49 Ordinance. 50 51 3. The proposed project, as conditioned and with the approved use permit is consistent with the 52 requirements of the Ukiah Municipal Airport Building Area and Land Use Development Plan 53 Guidelines in that a Determination of Appropriate Use was made by the Director of Planning 54 and the Airport Manager on April 2, 2009. The determination required that a use permit must 55 be approved for this use. The appeal period for this determination ended April 20,2009 and 56 no appeals were received. MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 14 1 4. The proposed project, as conditioned, meets the zoning code parking requirements per 2 section 9170.6 in that the proposed project will provide 6 parking spaces for this specific 3 CALSTAR use. As proposed there will be one parking space per employee with one extra. 4 Given that the use will not be visited by the general public one space per employee is 5 adequate. 6 7 5. The proposed project site has been evaluated by CALTRANS Aeronautics. The proposed site 8 is preferable to the existing site based on the following: 9 10 ® The proposed site provides greater separation and reduces the likelihood of incursion 11 from pedestrians and motor vehicles since it is located further from the pedestrian 12 and vehicular access at the terminal building. 13 14 ® The proposed site conforms to the safety criteria for helicopter parking contained in 15 FAA Advisory Circular 150/5390 (Helicopter Design). The existing site is located to 16 close to the slope adjacent to the airport terminal building. 17 18 ® The proposed site is located a greater distance from fixed -wing aircraft. 19 20 6. The proposed project is exempt from the provisions of the California Environmental Quality 21 Act (CEQA) pursuant to CEQA Guidelines Section 15303, Class 3(c), New Construction or 22 Conversion of Small Structures, which allows for up to a total of four buildings on one site in 23 urbanized areas not exceeding 10,000 square feet of floor area to be constructed when the 24 use does not involve the use of a significant amount of hazardous substances; where all 25 necessary public services and facilities are available; and the surrounding area is not 26 environmentally sensitive. This exemption is based on the following: 27 28 A. The combined square footage of all buildings on the site to be used is 5,544 square 29 feet. 30 o 3,000 square foot existing hangar 31 o 720 square foot new office building 32 o 1,140 square foot new crew quarters 33 o 384 square foot existing modular office building 34 35 B. The use would be located on a developed lot with public services available. 36 37 C. The site is located in an urban area that is developed with existing structures, roads, 38 buildings and landscaping therefore water courses, wildlife, wildlife habitat, floodway or 39 flood plain or other environmentally sensitive areas. 40 41 D. The proposed location would not result in an increase in noise in that the same 42 operational characteristics will be present at the proposed site. Furthermore the 43 proposed site may result in a reduction of noise given that the distance from the closest 44 building is greater then at the exiting site and that the parking location will not be up 45 against a hillside which causes an echo effect at the existing location. 46 47 7. The proposed project, as CALSTAR will be compatible with the surrounding uses based on 48 the following and including testimony provided by CALTRANS Division of Aeronautics staff: 49 50 A. CALSTAR is compatible with other uses at the Ukiah Airport in that their operation as an 51 air taxi/charter operation is similar to the other uses in the proposed location, including 52 helicopters that operate out of the hangar located to the south of CALSTARS's proposed 53 hangar. 54 55 B. CALSTAR will utilize a helicopter parking space (not a heliport) and does not require a 56 heliport in order to operate. MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 15 1 C. CALSTAR's helicopter parking space provides adequate separation from other aircraft. 2 3 D. The proposed site conforms to the safety criteria for helicopter parking contained in FAA 4 Advisory Circular 150/5390 (Helicopter Design). The existing site is located to close to the 5 slope adjacent to the airport terminal building. 6 7 E. Foreign object debris (FOD) is required to be maintained as part of CALSTAR's lease with 8 the City of Ukiah and condition of approval #2. 9 10 8. The proposed project, as conditioned, will not be detrimental to the public's health, safety and 11 general welfare based on the following and including testimony provided by CALTRANS 12 Division of Aeronautics staff: 13 14 A. The relatively isolated location of the proposed site presents less opportunity for 15 pedestrian and vehicle traffic incursion into CALSTAR operations. The proposed location is 16 not located proximate to public pedestrian or vehicle access to the airport. 17 18 CALSTAR's existing location is located within 80 feet of the primary pedestrian access to the 19 terminal building and within 38 feet of the primary vehicle access to the airport which creates 20 potential for hazards to the general public as a result of the potential for vehicular and 21 pedestrian incursion into the helicopter parking area and area used for maneuvering. 22 23 B. The proposed site will allow CALSTAR the ability to better control access to their facility. 24 CALSTAR is separated from the tenant to the north (FedEx) by a cyclone fence. The area 25 located outside of the hangar, including the grass area, is leased by CALSTAR and is for 26 their exclusive use. The closest aircraft tie -down is 193 feet to the south and there is no direct 27 access to the airport terminal building in proximity to the proposed location. 28 29 CALSTAR's existing location is located proximate to the terminal building, aircraft tie -down 30 areas, vehicular access to the airport, and pedestrian access to the airport terminal building. 31 32 C. CALSTAR operations will be located further away from other aircraft. The space in front of 33 CALSTAR's hangar is leased by CALSTAR and for their exclusive use. The closest tie -down 34 is 193 feet which complies with FAA requirements. 35 36 The existing site is located within 84 feet of aircraft tie down areas. 37 38 D. Damage due to foreign object debris (FOD) dispersed as result of rotor wash will be 39 reduced or eliminated. FOD will be required to be cleared from the site as part of 40 requirements of the lease and condition of approval #2. The proposed location is 193 feet 41 from aircraft tie down areas, increasing the distance that FOD would need to travel to 42 encounter other aircraft. 43 44 The existing helicopter parking space is located 84 feet from aircraft tie -down area and 38 45 feet from vehicular access. 46 47 E. The proposed location will not increase noise generate by CALSTAR operations, and will 48 likely reduce noise levels since 1) buildings in the area will provide noise attenuation and 2) 49 the site is flat providing no hill for the noise to create an echo. The proposed location is 50 located further from the terminal building, reducing exposure of employees and members of 51 the public located in the building to noise and vibrations from helicopters. 52 53 The existing site is within 80 feet of the terminal building exposing employees and members 54 of the public to noise and vibrations generated by the helicopters. The hill at the existing 55 location creates an echo effect during helicopter arrival and departure that is disruptive to 56 users of the airport terminal. MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 16 1 F. There are no residential uses nearby. 2 3 DRAFT SITE DEVELOPMENT PERMIT FINDINGS TO ALLOW THE PLACEMENT 4 OF TWO MODULAR BUILDING ON THE CALSTAR SITE 5 6 The following findings are supported by and based on information contained in this staff report, the 7 application materials and documentation, and the public record. 8 9 1. The proposed project, as conditioned, is consistent with the public General Plan land use 10 designation of the property in that public land uses, i.e. airport uses and business are 11 intended uses for this land use designation. Furthermore the proposed project site is 12 consistent with the following General Plan goals and policies. 13 14 ■ Airport Goal AE -1: Promote the Ukiah City Airport for the community benefit both now 15 and in the future. 16 17 The relocation of the CALSTAR operations to the proposed site will allow for the 18 continuation of a viable business at the Ukiah City Airport. This business will provide the 19 community with emergency medical transportation, which is valuable service in rural 20 community. 21 22 ■ Airport Policy AE -1.1: Ensure that the airport's vitality and growth help achieve the 23 General Plan Vision. 24 25 The relocation of CALSTAR will allow for the airport to continue to grow in that the exiting 26 location can be used by another business that would benefit the community. 27 28 Airport Goal AE -2: Provide for long-term viability of the airport. 29 30 The relocation of CALSTAR will allow emergency medical transportation to stay and 31 continue to function at the Ukiah Airport which will ad to the continued growth of the 32 airport. 33 34 ■ Community Facilities and Services Goal CF -8: Maintain effective, fast, and dependable 35 emergency medical response in the Valley. 36 37 The relocation of CALSTAR will allow for a more efficient and safe site while enabling 38 reliable emergency medical transport to remain in the valley. 39 40 2. The proposed project, as conditioned, is consistent with the applicable requirements of the 41 Public Facility (PF) zoning district in that airport and aviation uses are allowed. 42 43 3. The proposed project ,as conditioned, is consistent with the following findings required by 44 zoning code section 9263(E): 45 46 A. The location of the new modular buildings will not create hazardous or inconvenient 47 vehicular or pedestrian traffic patterns in that the buildings will be located along the north 48 side of the CALSTAR site outside of any vehicular or pedestrian traffic areas. 49 50 B. The project site contains existing landscaping appropriate for the airport. No new 51 landscaping is proposed other then cleaning up and maintaining the existing. 52 53 C. The project site is not located adjacent to a residential zoning district. 54 MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 17 I D. The proposed location of the single story modular buildings will not restrict or cut out light 2 and air on the property, or the surrounding neighborhood because the new buildings will 3 be separated from any adjacent buildings by at least 20 feet. 4 5 E. The site is located in an urban area that is developed with existing structures no 6 courses, wildlife, wildlife habitat, floodway or flood plain or other environmentally senwater sitive 7 areas. 8 9 F. The proposed modular building will be painted to match the exiting hangar on the site. 10 The modular building are consistent with the exiting structure on the airport grounds. 11 Furthermore because of the uphill berm along the front of the project site the modular will 12 be barley visible from South State Street. 13 14 DRAFT USE PERMIT AND SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL 15 16 1. Approval is granted for the operation of CALSTAR as described in the project description 17 submitted to the Community Development and Planning Department and date stamped 18 February 6, 2009 and as shown on the plans submitted to the Community Development and 19 Planning Department and date stamped March 27, 2009 except as modified by the following 20 conditions of approval. 21 22 2. On plans submitted for building permit, the applicant shall demonstrate howforeign object 23 debris (FOD) will be managed. This includes, but is not limited to, installation of "hardy grasst 24 in the areas identified as grass areas on the proposed location site plan. The FOD 25 management plan is subject to staff review and approval. 26 27 3. Business operations shall not commence until all permits required for the approved use, 28 including but not limited to business license, tenant improvement building permit, have been 29 applied for and issued/finaled. 30 31 4. On plans submitted for building permit, if required, these conditions of approval shall be 32 included as notes on the first sheet. 33 34 5. Signs are not included as part of this approval. Signs require application for and 35 approval of a sign permit from the Community Development and Planning Department. 36 37 6. No permit or entitlement shall be deemed effective unless and until all fees and charges 38 applicable to this application and these conditions of approval have been paid in full. 39 40 7. The property owner shall obtain and maintain any permit or approval required by law, 41 regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal 42 agencies as applicable. All construction shall comply with all fire, building, electric, plumbing, 43 occupancy, and structural laws, regulations, and ordinances in effect at the time the Building 44 Permit is approved and issued. 45 46 8. A copy of all conditions of this Use Permit shall be provided to and be binding upon any 47 future purchaser, tenant, or other party of interest. 48 49 9. All conditions of approval that do not contain specific completion periods shall be completed 50 prior to building permit final. 51 52 From the Building Official (David Willoughby) 53 54 10. A building permit is required for the installation of the modular building. 55 56 From the Public Works Department ( Ben Kagevama) MINUTES OF THE PLANNING COMMISSION Page 18 August 26, 2009 1 ?4" - i I - 2 11. The proposed structures shall be served by new sanitary sewer and water service connection 3 to the sewer and water mains. Applicant shall be responsible for sewer and water connection 4 fees at the time the building permit is issued. 5 6 12. The existing sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 7 1105 and repaired and replaced is necessary prior to final inspection. 8 9 _Standard Cit v Requirements 10 11 13. This Use Permit may be revoked through the City's revocation process if the approved 12 project related to this Permit is not being conducted in compliance with these stipulations and 13 conditions of approval; or if the project is not established within two years of the effective date 14 of this approval; or if the established use for which the permit was granted has ceased or has 15 been suspended for 24 consecutive months. 16 17 14. All work within the public right-of-way shall be preformed by a licensed and properly insured 18 contractor. The contractor shall obtain an encroachment permit for the work within this area 19 or otherwise affecting this area. Encroachment permit fee shall be $45.00 plus 3% of the 20 Engineer's estimate of the constructions costs. 21 15. All required landscaping shall be properly maintained to insure the long-term health and 22 vitality of the plants, shrubs and trees. 23 24 9B. Downtown Zoning Code Workshop #4. Review and discussion of Section 5: Development 25 Standards. Review and Discussion of Section 7: Historical Building Standards if time allows. 26 27 It was the consensus of the Commission to continue the public workshop discussion to the next 28 meeting date. 29 30 10. NEW BUSINESS 31 10A. Planning Commission Meeting Schedule. Determine Planning Commission meeting dates 32 for September, October, November, and December. 33 34 Staff advised there is business to conduct and asked the Commission to consider alternative dates so 35 that the Commission continues to meet twice month. 36 37 The Commission discussed the meeting dates with the following consensus: 38 39 September 9- Regular meeting cancelled due to City Holiday. 40 September 23- Regular meeting will take place as scheduled. 41 September 24- Special meeting to replace the September 9 regular meeting. 42 43 October 14 - Regular meeting will take place as scheduled. 44 October 28 - Regular meeting will take place as scheduled. 45 November 11- Regular meeting cancelled due to City holiday. 46 November 25- Regular meeting cancelled due to Thanksgiving Holiday. 47 November 5- Special meeting to replace the November 11 regular meeting. 48 November 10- Special meeting to replace the November 25 regular meeting. 49 50 December - No changes. 51 52 11. ONGOING EDUCATION 53 The above -referenced publication is for the Commissioner's information. MINUTES OF THE PLANNING COMMISSION Page 19 August 26, 2009 1 12. PLANNING DIRECTOR'S REPORT 2 None. 3 4 13. PLANNING COMMISSION REPORTS 5 Commissioner Sanders reported a City tree meeting will be held September 3, 2009. 6 7 Chair Pruden stated ReLeaf and other persons/groups involved with the establishing a City tree 8 ordinance would like to review what has been prepared for the tree section of the Form Based 9 Zoning. 10 11 Commissioner Whetael commented on how nice the BeBops building looks. 12 13 Chair Pruden stated AutoZone has repainted their building gray, white, and orange with red stripes 14 and is not in compliance with the conditions of approval in this regard. Wal-Mart has completely 15 repainted their building including repainting over some of the architectural features. Is Wal-Mart 16 required to come back to the Planning Commission for discussion concerning elements of the 17 remodel? 18 19 Staff advised the Zoning Administrator reviews this matter. 20 21 13. ADJOURNMENT 22 There being no furlbpr business, the meeting adjourned at 9:24 p.m. 23 24 25 Judy Pruden, Chair 26 27 Cathy awadly, Recordi g Secretary 28 29 MINUTES OF THE PLANNING COMMISSION August 26, 2009 Page 20 1 2 CITY OF UKIAH PLANNING COMMISSION ` 3 MINUTES EXCERPT 4 5 April 8, 2009 6 MEMBERS PRESENT OTHERS PRESENT 7 Judy Pruden, Chair Listed below, Respectively 8 Anne Molgaard, Vice Chair 9 Linda Sanders 10 Linda Helfand 11 Mike Whetzel 12 13 STAFF PRESENT MEMBERS ABSENT 14 Charley Stump, Director of Planning None - 15 Kim Jordan, Senior Planner 16 Jennifer Faso, Associate Planner 17 Greg Owen, Airport Manager 18 Cathy Elawadly, Recording Secretary 19 20 9C. CALSTAR. Major Site Development Permit and Use Permit 09 -10 -SDP -PC, Request for 21 approval of a Major Site Development Permit and Use Permit to allow the relocation of CALSTAR 22 at the Ukiah Airport 1357 South State Street, APN 003-280-05. 23 24 Associate Planner Faso commented: 25 ® CALSTAR has applied for a Site Development Permit to relocate their existing facility at the 26 Airport. 27 ® The use includes office, crew quarters and aircraft maintenance. The project will include two new 28 modular buildings and the use of an existing hangar and modular. The two new modular buildings 29 will be used for the crew quarters and an office:- The existing hangar will be used for aircraft 30 maintenance and the existing modular will be used by the aircraft mechanics as an office. 31 ® CALSTAR has been operating at the Ukiah Airport since 1998 after approval of the Site 32 Development Permit by the Planning Commission: 33 ® CALSTAR currently operates lin the West Central area of the Airport. 34 ® During a CalTrans Division of Aeronautics inspection, CALSTAR was informed the current 35 location was not safe due to the helicopter operation portion of the business functioning in close 36 proximity to the hillside and within 50 -feet of parking for small fixed wing aircraft. This resulted in 37 CALSTAR looking for a new location. 38 ® Based on the definition of Fixed Base Operations (FBO), CALSTAR is an air taxi/charter 39 operation, which is considered one of the uses identified as an FBO. 40 ® A review of the Ukiah Municipal Airport Building and Land Use Development Plan Guidelines 41 relative to the proposed location of CALSTAR"in Westside North has revealed that neither FBO 42 nor air taxi are identified as allowed or permitted in this area. 43 ® However, the Guidelines allow the Planning Director and Airport Manager to make a 44 determination of the appropriate use whenever a use is not listed as a use permitted as a right or 45 a use subject to a use permit wherein findings are required. Attachment 1 of the staff report 46 addresses staff's findings supporting the determination that Westside North area as an 47 appropriate use for the CALSTAR operation. 48 Staff's analysis of the project involved review of the following relative elements: 49 Ukiah General Plan — The subject property has a Public Land Use designation 50 wherein specific uses are determined by the zoning of the property and in this case 51 the Guidelines for Airport Land Use Development. CALSTAR Site Development Permit and Use Permit 09 -10 -SDP -UP -PC I Ukiah Airport Building Area and Land Use Development Plan — The project site is 2 within the Ukiah Airport and as such the Ukiah Municipal Airport Master Plan relates 3 to this project since it serves as a framework by which individual project located at 4 the Airport can be evaluated. However, it does not regulate the specific uses on the 5 Airport grounds. 6 Ukiah Municipal Airport Building Area and Land Use Development Plan Guidelines — 7 The Guidelines divide the Airport property into five areas defined by existing land 8 uses whereby CALSTAR is proposed to relocate to Westside North. 9 The existing medium size hangar will be occupied by CALSTAR aircraft. The 10 CALSTAR operation includes roto -craft and fixed -wing aircraft for the shock trauma 11 rescue portion of the operation. The Guidelines require an approved use permit for 12 use of medium size hangars within this area of the Airport. 13 Zoning — The subject property is zoned Public Facilities (PF). Airport and aviation 14 related uses are an allowed use in the PF zone. 15 Parking — This matter is addressed on page 3 of the staff report. 16 Use Permit - In order for CALSTAR to relocate to the proposed new site on the 17 Airport, approval of a use permit is required in accordance with the provisions of the 18 Ukiah Municipal Airport Building and Land Use Development Plan Guidelines and 19 provided specific findings can be made pursuant to the Zoning Ordinance, which are 20 outlined on Page 3 of the staff report. 21 Attachment 3 of the staff report is an e-mail from California Division of Aeronautics dated April 1, 22 2009 addresses the relocation of CALSTAR's helicopter parking pad at the Airport to the 23 proposed new location to Westside North. 24 25 Staff noted the project is exempt from CEQA review because the total number of square footage for all of 26 the buildings is less than 10,000 square feet. 27 28 Chair Pruden questioned attachment 1 of the staff report, line 36 that indicates according to the Ukiah 29 Municipal Airport Building Area and Land Use Development Plan Guidelines for the proposed relocation 30 of CALSTAR to Westside North that neither FBO nor air taxi are identified as allowed or permitted in this 31 area. This area is all about FBOs in terms of what uses are allowed or permitted wherein FBOs are 32 encouraged. Many FBOs are placed in Westside North and considered a central component thereof 33 under allowed or permitted uses. Air taxi is a different matter. 34 35 Chair Pruden stated although air taxi is listed as an FBO, it is not included in Westside North because a 36 better site was identified on the east side of the Airport. There are compatibility issues associated with 37 helicopters and aircraft. The east side of the Airport would be a better site for a heliport and helicopter 38 operation. While the Airport Land Use Plan does not recognize air taxi in Westside North, air taxi is 39 considered an FBO. She participated in the creation of the Airport Land Use Plan and noted staff, the 40 Airport Commission and other interested participants carefully considered Airport property as to the best 41 and highest use for a particular area. The Plan reflects decisions made concerning specific areas 42 designated on the Airport for the best and most effective use of land and whether such uses are allowed 43 or permitted uses for each of the five sections designated. 44 Senior Planner Jordan stated a determination was made for the project by the Planning Director and 45 Airport Manager that the proposed use is an Appropriate Use in the Westside North Area. The Land Use 46 Plan is a guideline rather than standard and it allows the Planning Director/Airport Manager to make a 47 determination about appropriate uses. 48 49 Commissioner Whetzel addressed the Land Use Plan document and stated at that time he was an 50 Airport Commissioner and participated in the discussions. He recused himself from the CALSTAR 51 discussion and possible action. He has an FBO operation adjacent to the proposed new site for 52 CALSTAR. He does not favor the concept of CALSTAR relocating to Westside North. He cited safety as a 53 primary concern and noted the fact that fixed -wing aircraft in the vicinity are located in too close proximity 54 to the CALSTAR operation. On the other hand, he does not want CALSTAR to leave the Airport nor 55 place undo hardship because it provides a valuable service to the community. In his opinion, the City CALSTAR Site Development Permit and Use Permit 09 -10 -SDP -UP -PC I lacked the foresight to effectively plan for the future and negotiate with CALSTAR to make it feasible for 2 this operation to relocate to the east side of the Airport, since the current location for CALSTAR was 3 temporary. This is the time to plan for development of the east side rather than five years from now, which 4 is the term of the lease agreement for CALSTAR. 5 6 Airport Manager Greg Owen commented: 7 ® The east side of the Airport would not be feasible for the CALSTAR because hotels presently 8 exist in the vicinity in the Airport Industrial Park (AIP) allowing for noise and other impacts since 9 CALSTAR operates 24 -hours a day. Other helicopter operations such as CalFire operating on the 10 east side typically work during day light hours. 11 12 There are no existing taxiways or aprons on the east side. Construction of taxiway connectors is 13 on the Airport Capital Improvement Program (ACIP) list with the FAA for future improvements. 14 The cost of the design and construction for this type of improvement is very expensive. Taxiway 15 connectors are necessary for CALSTAR because fixed -wing aircraft is part of the operation in 16 addition to roto -craft. 17 18 Commissioner Molgaard inquired how the hotels were approved with the Ukiah Airport Master Plan in 19 place. 20 Staff reiterated the hotel projects were consistent with the AIP zoning ordinance and Airport Master Plan. 21 The hotel projects are not located on the airport grounds wherein the projects were subject to the 22 applicable zoning outside of the Airport grounds. Whether or not the hotel projects were consistent with 23 the Land Use Plan Guidelines was not a part of staff's analysis of the project. In terms of procedures, if 24 guidelines are applicable to a particular project, such guidelines are followed as best as possible. 25 26 Chair Pruden addressed the issue of hotels located in the vicinity of the Airport and stated what goes on 27 in terms of development in the AIP should not drive what goes on at the Airport. The intent is to meet the 28 needs of the Airport in the best way possible. The uses at the Airport have been in operation long before 29 the hotels were constructed wherein the intent is to develop the Airport to the best and highest use. The 30 Airport has tremendous potential for economic development in a positive way to generate good revenue. 31 The hotels/eateries/commercial establishments in the AIP actually complement Airport uses because 32 pilots can fly to the Airport and walk across the street to utilize the facilities/services in the AIP. 33 34 Chair Pruden stated when the Planning Commission initially approved the CALSTAR project at the 35 current location, it was intended to be temporary. 36 37 PUBLIC HEARING OPENED: 7:47:50 PM 38 39 Gordon Jahnke is the hangar lessee adjacent to the proposed site for CALSTAR. He does not favor the 40 proposed project, stating a conflict exists between fixed wing and helicopter operations wherein the two 41 are simply not compatible. CALSTAR would be operating in very close proximity to fixed wing aircraft in 42 the immediate vicinity. In his opinion, the proposed activities for the CALSTAR development: 43 1. Unsuitable for the area; 44 2. Inconsistent and in contravention of the City's obligations to the other tenants, more 45 particularly to himself; 46 3. Represents a nuisance and a hazard to existing operations in the immediate area; 47 4. Inconsistent and in contravention with FAA regulations as they relate to safety. 48 49 Westside North has light aircraft/small fixed wing aircraft operations and repair facilities. The operation of 50 multiple large helicopters would be inconsistent with these activities because of the general pollution that 51 helicopters create and inherent 'risks in their operations particularly operating in close proximity to other 52 airplanes and buildings. CALSTAR would be operating within approximately 15 to 20 feet from the 53 building he currently occupies and, in his opinion, does not have sufficient space to function appropriately 54 as a rescue operation of the magnitude it currently operates. It is only a matter of time before a CALSTAR 55 helicopter causes damage to buildings and aircraft operating in the same vicinity. Helicopters generate 3 CALSTAR Site Development Permit and Use Permit 09 -10 -SDP -UP -PC 1 large amounts of dust and debris that .can damage parked aircraft and buildings. The project is totally 2 inconsistent with current operations in Westside North and he is certain the FAA would not approve of the 3 project because of the innate safety risks and potential damage to private property. 4 5 John Eisenzopf is in agreement with the comments made by Mr. Jahnke. He does not support approval 6 of the project. He owns a small plane and leases a hangar at the Airport. He expressed concern about the 7 project, citing it to be a safety issue and in potential violation of FAA safety regulations/standards. Every 8 time the matter of relocating CALSTAR has come about, safety issues have been raised from interested 9 persons and the public when intermixing roto -craft helicopters with fixed wing aircraft. He addressed the 10 technical aspects associated with the function of helicopters and the problems they can create as a result, 11 as well as problems created with the intermingling of helicopters with fixed wing aircraft to persons and 12 private property in terms of safety, impacts from noise and potential damage to buildings and other 13 aircraft. Helicopter operations belong on the east side of the Airport. The Airport is intended to be self - 14 supporting and operates as an 'Enterprise Fund.' He questioned why the former DHL building and 15 grounds was not advertised and/or opened for bid to allow negotiations from other potential FBO 16 operations and/or interested parties/persons that could afford to make improvements. CALSTAR is 17 financially constrained from being able to make the necessary infrastructure improvements for successful 18 operation on the east side of the Airport. It may be if there were competition from other rescue operations 19 such as REACH, CALSTAR might be able to find the necessary funds to make improvements. He briefly 20 commented on some of the infrastructure that would need to be in place in order for a trauma/rescue 21 operation to function of the east side of the Airport. 22 23 Mike Whetzel does not favor approval of the project. He supports effective use of the Airport Land Use 24 Plan for developments and projects to promote/encourage economic growth at the Airport and 25 sustainability as an Enterprise Fund and to discourage piecemeal development. Effective use of the Land 26 Use Plan allows for consideration as to the best and highest use of land and for careful thought as to 27 compatibility of uses with other uses, and compliance with other corresponding Airport regulating 28 documents that pertain to noise abatement and quiet flying procedures and/or other relative documents. 29 He supports CALSTAR relocate to the central portion of the east side or further south for safety purposes 30 and to eliminate potential interference with traffic patterns because it is a more industrialized area. He 31 understands the east side has issues with regard to the lack of infrastructure and the cost associated with 32 making the necessary improvements that include water/sewer accommodations and a parallel taxiway to 33 an name a few of the necessary improvements. He is hopeful that at some point interest will be 34 expressed in developing the east side. 35 36 There was a brief discussion concerning the space available for CALSTAR to operate at the proposed 37 location. 38 39 Commissioner Helfand inquired whether there would be fixed wing deliveries to CALSTAR and how this 40 function of the operation can be appropriately accommodated. 41 42 Mike Whetzel stated there are fixed wing deliveries made and indicated if a taxiway and ramp area were 43 constructed fixed wing deliveries could effectively and efficiently be done. The current location provides 44 sufficient space for this function. It is clear that CALSTAR requires sufficient area in which to effectively 45 operate to avoid jamming in other uses and operations that are incompatible and an issue of safety. 46 47 Airport Manager Greg Owen stated the intent is to make improvements to the Westside North location 48 and provide for a grassy area to reduce dust/debris impacts generated from roto -craft. 49 50 Mike Whetzel commented specific criteria must be met with regard to paving and/or general 51 improvements made to the area. There are also requirements relative to FAA regulations to include 52 potential encroachment on FAA advisory circulars that limit parking of roto -craft to within 100 feet of other 53 aircraft. 54 CALSTAR Site Development Permit and Use Permit 09 -10 -SDP -UP -PC I Commissioner Molgaard inquired how CALTRANS can support approval of a project that may not 2 comply with FAA regulations, particularly in this instance, with regard to interference with FAA advisory 3 circulars. 4 5 Airport Manager Owen commented on FAA regulations and stated the requirement is that aircraft must 6 be remain clear and/or maintain a safe distance from the advisory circulars although no specific number 7 is given relative to helicopter advisory for parking. 8 9 Commissioner Helland inquired how many feet away is the nearest fixed wing aircraft. 10 11 Staff indicated the distance is approximately 180 feet. 12 13 Mike Whetzel commented the concern is operating within close proximity to the taxiway for fixed wing 14 aircraft. There are recommended distances for helicopter operations to maintain with regard to close 15 proximity to fixed wing aircraft including maintaining a 500 -foot distance from the •runway centerline. He 16 has observed that fixed wing aircraft typically will not tie -down in close proximity to a helicopter. 17 18 There was a brief discussion at what point do mixed operations of fixed wing and roto -craft essentially 19 become a judgment call such as when a.fixed wing aircraft must stop on the. taxiway to allow the 20 helicopter to pass by. There is also the element of maintaining appropriate communication between pilots 21 and compliance with Airport regulations in this regard to avoid safety issues and damage to property. 22 23 Gordon Jahnke expressed interest in knowing what kind of information was provided to CALSTAR as to 24 how CALTRANS made the determination that the Westside North site is appropriate. He cited various 25 distances between the proposed structures for the project in conjunction with the number of aircraft, 26 noting the distances to be limited. He stated the proposed new location creates _a -high risk situation. 27 Again, he does not support co -mingling of fixed -wing and roto -craft operations because the two 28 operations conflict with one another. 29 30 Chair Pruden emphasized that CALSTAR is a valuable component to the community. The question 31 becomes how to effectively balance maintaining this valuable service and resource to the community and 32 finding a suitable site at the Airport in which to operate that works for everyone and in keeping with the 33 goals/objectives of the Airport Land Use Plan. 34 35 Commissioner Sanders commented based on the information presented, she would be reluctant to 36 make a decision about the project. She understands that safety is of primary importance concerning 37 relocation and has not been appropriately resolved. She recommended reopening the public hearing for 38 more opportunity to address the safety concerns raised by the Airport tenants. 39 40 PUBLIC HEARING CLOSED: 8:22:04 PM 41 42 PUBLIC HEARING REOPENED: 8:26:59 PM 43 44 Debbie Pardee, Regional Director for CALSTAR in Ukiah stated the issues discussed tonight are of 45 utmost importance to CALSTAR. She supports CALSTAR continue to operate in its present location. The 46 proposed relocation was mandated by CALTRANS and was not a choice on the part of CALSTAR. The 47 matter of safety was cited as the primary reason. The east side of the Airport is not developed and 48 relocation would not be financially feasible because of the lack of infrastructure and cost to make the 49 improvements. CALSTAR is willing to comply with what needs to be done to stay in the community. The 50 matter of economics places a constraint on CALSTAR with regard to improvements to sites on the Airport 51 lacking the necessary infrastructure. CALSTAR has purchased new buildings to replace the older existing 52 modular structure wherein the cost to relocate is substantial. CALSTAR is a not-for-profit organization 53 and funds are limited. CALSTAR provides a very important service to this rural community. 54 CALSTAR Site Development Permit and Use Permit 09 -10 -SDP -UP -PC I Commissioner Helland asked if the project were to be denied whether this would have an influence on 2 CALTRANS. 3 4 Airport Manager Owen commented future FAA funding may be withheld if the Airport is found in violation 5 of the mandate. CALTRANS is acting on behalf of the FAA. 6 7 Airport Manager Owen stated the Airport has been complying with CALTRANS and the move to 8 Westside North was determined to be suitable. Denial of the project could have negative effects in terms 9 of withholding funding for Airport improvements for being in violation. 10 11 Commissioner Molgaard inquired what has transpired/changed from five years to today. 12 13 Airport Manager Owen stated there was no available hangar for CALSTAR. 14 15 Commissioner Helland stated it is difficult to make a decision concerning the project as the information 16 and discussion above appears to be 'word against word' relative to safety and distance issues. She 17 supports having addition information about the project including more input about the Airport Land Use 18 Plan goals and objectives and why it was approved. She also supports responses to the public 19 comments made above regarding roto -craft pollution, risk/liability issues, and the issue raised about why 20 the former DHL building did not go out to bid. 21 22 Airport Manager Owen commented a smaller sized helicopter has operated periodically/seasonally in 23 the vicinity of Mr. Jahnke's hangar and Mr. Whetzel's aircraft repair business on the Airport without 24 incident, which is one of the reasons the relocation of CALSTAR should not be a problem. It has been the 25 policy of the Airport that when hangar tenant lease agreement expires not to go out to bid potentially for 26 another tenant, but allow the current tenant to decide whether to renew his/her lease. It is not Airport 27 policy to replace tenants unnecessarily/needlessly. With regard to the former DHL hangar, it was 28 determined the location would be suitable for the mandated CALSTAR relocation so it was not necessary 29 to go out to bid when the lease negotiations were transpiring with CALSTAR as the potential tenant. 30 31 Mike Whetzel commented with regard to CALTRANS and corresponding liability issue that CALSTAR 32 must relocate because the current operation has the potential to cause damage to fixed wing aircraft and 33 is a potential safety hazard since it is currently operating adjacent to a hillside where people often stand 34 to view the helicopter portion of the operation. 35 36 Airport Manager Owen commented CALTRANS Aeronautics has indicated the proposed site is a safe 37 location. 38 39 Senior Planner Jordan stated there has been considerable discussion and questions about what the 40 safety requirements are or are not and confirmation whether CALTRANS is working on behalf of the FAA. 41 Staff has the ability to take into consideration the comments made and concerns expressed by the 42 Commission and public and submit them to CALTRANS Aeronautics for review and assessment of the 43 proposed site versus the possibility of executing a waiver and allowing CALSTAR to continue to operate 44 at the current location. She recommended the hearing on this matter be continued to a date uncertain 45 allowing sufficient time for a response from CALTRANS. 46 47 Mike Whetzel commented it is possible to go above the jurisdiction of CALTRANS and make an appeal 48 to the FAA and for this agency to come and look at the site for an assessment. 49 50 Chair Pruden commented no one appears to disagree that CALSTAR is a valuable member to the 51 community and she disapproves of CALTRANS stepping in 11 years later requiring CALSTAR to relocate 52 when there has never been an incident at the current location. While the current location is not great, it 53 has functioned in a compatible fashion. 54 CALSTAR Site Development Permit and Use Permit 09 -10 -SDP -UP -PC -2,-7,7 1 Commissioner Helfand requested having a map with an overview showing exact distances to the points 2 of conflict raised with regard to space between CALSTAR structures and other FBOs buildings/facilities in 3 the area and distances to parking areas for fixed wing aircraft. 4 5 The Commission requested CALTRANS and CALSTAR review the issues discussed above in addition to 6 the following comments: 7 8 The Commission requested CALTRANS and CALSTAR review the issues discussed above in addition to 9 the following: 10 11 • The project appears to be inconsistent with the Ukiah Municipal Airport Building Area and Land 12 Use Development Plan Guidelines as to the best locations for the helicopters. 13 B There appears to be contradictory opinions relevant to the compatibility of fixed wing aircraft and 14 helicopter operations at the Airport. 15 ® Tonight's public comment indicates the proposed location is not a safe solution and 16 disagreement with CALTRANS regarding the impacts of the proposed relocation to Westside 17 North. 18 ® There is concern that the proposed new site will create additional problems. As part of the 19 tonight's public comment, tenants that have hangar operations and airplanes in the vicinity of the 20 new site have expressed concerns about the site. 21 ® There may be conflicts with other aircraft and access to and use of taxiways in the event 22 CALSTAR aircraft need to take off in a hurry. The current location is convenient and close to the 23 juncture to get out on the taxiway without conflicts. 24 ® CALSTAR has indicated the move is not of their choice. 25 ® Would, like to know if the CALTRANS determination that CALSTAR needs to find a new location 26 can be appealed to the FAA. 27 a The east side of the Airport may be the best location for CALSTAR. However, this location does 28 not have the necessary infrastructure at this time. Look into the likelihood and timing of the City 29 and/or CLASTAR providing the necessary infrastructure in this area. 30 31 Commissioner Molgaard recommends conducting a public meeting at the site so that very informed and 32 experienced pilots and aircraft owners can consult with CALTRANS in an effort to resolve the level of 33 conflict that is occurring at the Airport. 34 35 Planning Director Stump concurs with this recommendation and requests the Planning staff join the 36 Airport Manager and concerned citizens and meet as a group with CALTRANS. 37 38 M/S Molgaard/Sanders to continue Major Site Development Permit 09 -10 -SDP -PC to a date uncertain to 39 allow time for staff to contact CALTRANS in order to communicate and seek clarification of the issues 40 raised at tonight's Planning Commission Meeting. Motion carried by an all AYE voice vote of the 41 Commissioners present. CALSTAR Site Development Permit and Use Permit 09 -10 -SDP -UP -PC Attachment # 1 ITEM NO. 9A Community Development and Planning Department G71 a 300 Seminary Avenue Ukiah, CA 95482 Plan nina0-citvofukiah com (707)463-6203 2 3 DATE: August 26, 2009 4 5 TO: Planning Commission 6 7 FROM: Jennifer Faso, Associate Planner 8 9 SUBJECT: Request for a Use Permit and Site Development Permit to allow the relocation of 10 CALSTAR at the Ukiah Airport 1357 South State Street, APN 003-280-05 (File # 11 09 -10 -SDP -UP -PC) Continued from July 22, 2009 and April 8, 2009 12 13 BACKGROUND 14 15 In April of 2005 and again in April of 2009, Caltrans Division of Aeronautics inspected the site 16 with regards to the existing helicopter parking location. Caltrans found that the existing location 17 for helicopter parking does not conform to the safety criteria contained in Federal Aviation 18 Administration Advisory Circular 150/5390-2130 Paragraph 208. Since the existing location does 19 not comply with the applicable safety criteria, California Shock Trauma Air Rescue (CALSTAR) 20 is proposing to relocate to the Westside North are of the airport. 21 22 On October 7, 2008, the City's Airport Commission recommended that the City Council approve 23 the lease to allow CALSTAR to relocate to the Westside North area as proposed in the 24 application for the site development permit and use permit. 25 26 On November 5, 2008, the City Council approved the draft lease to allow CALSTAR to relocate 27 to the Westside North area as proposed in this application. 28 29 On February 13, 2009, CALSTAR submitted an application for a Site Development Permit and 30 Use Permit to relocate to the Westside North area of the airport. The Use Permit is required to 31 allow the CALSTAR operations to operate at the proposed location as an air taxi/transport 32 service with accessory support uses that include office, crew quarters, mechanic/technician 33 facilities. Furthermore based on the Airport Land Use Guidelines a use permit is required for a 34 medium size hangar (2,001 to 6,399 square feet). 35 36 The Site Development Permit is required pursuant to zoning ordinance section 9261 (b) for the 37 placement of two modular buildings on the site. The modular buildings will function as crew 38 quarters and the CALSTAR office. 39 40 On April 8, 2009 the Planning Commission reviewed the application from CALSTAR and took 41 public comment (see attachment 1, Planning Commission Minutes Excerpt ). Based on the 42 questions asked and issues raised at the meeting, it was the consensus of the Planning 43 Commission that the item be continued to a later date uncertain to allow staff time to address 1 09 -10 -SDP -UP -PC CALSTAR. Relocation Site Development Permit and Use Permit 1 the issues raised at that meeting, including contacting the Caltrans Division of Aeronautics for 2 additional information and the possibility of a Caltrans representative attending the next 3 Planning Commission public hearing for the CALSTAR project. 4 5 On April 29, 2009 staff met with staff from the Caltrans Division on Aeronautics. The meeting 6 took place at the airport and both the existing and the proposed locations were reviewed and 7 discussed. Caltrans staff agreed to attend the next Planning Commission public hearing for the 8 CALSTAR project. 9 10 On May 7, .2009, staff conducted another site visit. At this site visit, staff met with the CALSTAR 11 pilot and flight nurses and watched one CALSTAR helicopter take off and land at the existing 12 and proposed locations. At the proposed location the helicopter landed several feet from the 13 proposed helicopter parking area because the ground had not been cleared of small rocks or 14 pebbles. 15 16 After working to address the issues and questions raised by the Planning Commission and the 17 public and to prepare revised and expanded plans, the applicant requested that the project be 18 scheduled to be reviewed at the July 22, 2009 Planning Commission meeting. A representative 19 from the Caltrans Division of Aeronautics was confirmed to attend this meeting. Subsequently, 20 the Caltrans representative was unable to attend the July 22nd meeting and, based on this, the 21 applicant requested that the project be continued to the August 26th meeting. 22 23 Staff has confirmed that a representative from the Caltrans Division of Aeronautics will be 24 attending the August 26th meeting. 25 26 27 STAFF ANALYSIS 28 29 See Table 1 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit 1� 3-3 z Elli `N Q C C CUI), ri a) ' a) a) ? s� E2"J E x O 4;k x C6 O () mL U a)oc �U U)Q a) .�. 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The proposed CALSTAR use includes office and air/taxi functions. Pursuant to City 5 Code Section 9170.6 the parking requirement for airport uses in the Public Facility (PF) zone is 6 determined by site use and calculated by Article 17 of the City Code. There are three sections of 7 the City Code that can be applied to this site. Furthermore the Code gives the Planning 8 Commission flexibility on how to apply these standards. Listed below are the sections that may 9 be applied to this project. 10 11 The project includes 1104 square feet of office area, 1440 square feet of crew quarters and 12 3,000 of hangar space. Based on the applicant's project description there will be 5 staff persons 13 per shift. 14 15 The site plan shows 6 parking spaces adjacent to the hangar. Staff feels that this would be 16 adequate parking for this site and use given that the general public will not be using/visiting the 17 site. The only people that will need parking on site are the members of the CALSTAR staff. 18 19 . Section 9198 B (1) Retail Stores, Offices, Commercial Banks, Savings And Loan 20 Offices, Food Stores, Drugstores, Appliance Repair Shops, And Similar Uses: One 21 parking space for each two hundred fifty (250) square feet of gross leasable space 22 except within the City of Ukiah Parking District No. 1 boundaries where the 23 requirement is one parking space for each three hundred fifty (350) square feet of 24 net leasable space. (Differential is result of available public parking provided within 25 the District.) Similar uses having drive -up windows or drive-through facilities shall 26 have stacking area for five (5) vehicles. 27 Section 9198 G (7) 7. Mixed Uses: When two (2) or more uses under the same or 28 different owners and/or managers are located in the same structure and/or in a 29 common development, the sum of the separate requirements for each use shall be 30 as set forth in this Section. In the event of multiple uses, the Commission may 31 require areas of less intensive use to provide a higher parking requirement if it is 32 determined that the health, safety, and general welfare of the area requires the 33 higher standard. No parking space, or portion thereof, shall serve as a required 34 space for more than one use unless otherwise authorized by the Commission. 35 Section 9198 C (8). Other Uses: For uses not set forth in this Section, parking 36 spaces shall be provided on the same basis as required for the most similar listed 37 use or as determined by the Commission. (Ord. 793, §2, adopted 1982; Ord. 888, 38 adopted 1989; Ord. 961, §1, adopted 1995) 39 PUBLIC NOTICE 40 41 A notice of public hearing was posted in three places on the project site on July 10, 2009, 42 mailed to property owners within 300 feet of the project site including all the airport tenants on 43 July 10, 2009, and published in the Ukiah Daily Journal on July 12, 2009. 44 45 At the July 22, 2009 Planning Commission meeting, the Commission approved a request from 46 the applicant for continuance to a date certain, August 26, 2009. Therefore no additional 10 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit I noticing was legally required. However, staff did send a courtesy on August 10, 2009 to 2 everyone that received the original notice to advise them of the upcoming Planning Commission 3 meeting. The notice was also posted in the Airport offices. 4 5 As of the writing of this staff report, the following correspondence had been received: ( See 6 attachment 8) 8 two correspondences have been received from John Eisenzopf, Airport Tenant. One 9 letter dated April 29, 2009 was received after the first public hearing and a packet of 10 correspondences received July 21, 2009 that included 11 12 ® April 29, 2009 letter from John Eisenzopf to Jane Chambers, City 13 Manager 14 ■ May 1, 2009 letter from John Eisenzopf to Gary Cathey, Chief, Division of 15 Aeronautics, Caltrans 16 ® May 8, 2009 letter to John Eisenzopf from Gary Cathey, Chief, Division of 17 Aeronautics, Caltrans 18 ■ May 25, 2009 letter from Jane Chambers, City Manager to John 19 Eisenzopf 20 ® May 8, 2009 letter from Caltrans to John Eisenzopf 21 ® July 22, 2009 email from Gordon Jahnke to John Eisenzopf 22 23 one letter in support of the project was received from Mark Davis, Airport Tenant. 24 25 ENVIRONMENTAL REVIEW 26 27 The proposed project is exempt from the provisions of the California Environmental Quality Act 28 (CEQA) pursuant to CEQA- Guidelines Section 15303, Class 3(c), New Construction or 29 Conversion of Small Structures, which allows for up to a total of four buildings on one site in 30 urbanized areas not exceeding 10,000 square feet of floor area to be constructed when the use 31 does not involve the use of a significant amount of hazardous substances; where all necessary 32 public services and facilities are available; and the surrounding area is not environmentally 33 sensitive. 34 35 The proposed project is consistent with the provisions of Section 15303, Class3(c) based on the 36 following: 37 38 ® The combined square footage of all buildings on the site to be used is 5,544 square feet. 39 ® 3,000 square foot existing hangar 40 a 720 square foot new office building 41 ® 1,140 square foot new crew quarters 42 ® 384 square foot existing modular office building 43 ® The project does not involve the use of hazardous substances. 44 ® The City utilities and services are available to the site. 45 ® The site is located on the airport grounds that already contain similar uses and buildings. 46 Furthermore there are no residential uses in the immediate area. 47 ® The new location would not create any more of a nuisance in terms of noise. The 48 relocation may result in a reduction in noise since it is not up against a hillside 11 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit I which caused an echo effect at the current location. 2 3 4 DECISION TIMELINE 5 6 The proposed project is subject to the requirements of the Permit Streamlining Act (PSA). The 7 PSA requires that a decision be made on the project within 60 days of the application being 8 deemed complete. This application was submitted to the Community Development and Planning 9 Department on February 6, 2009 and was deemed complete on March 6, 2009. The PSA 10 required that a decision be made on the project within 60 days of completion unless the 11 applicant requests an extension. On April 13, 2009 the applicant requested an extension of this 12 timeline. 13 14 RECOMMENDATION 15 16 Based on review of the application, comparison of the attributes of the existing and proposed 17 locations, the site visit with Caltrans staff, and staff observation of the operation of the existing 18 and proposed sites, staff recommends that the Planning Commission approve the requested 19 Use Permit and Site Development permit based on the draft findings and subject to the draft 20 conditions of approval. 21 22 DRAFT USE PERMIT FINDINGS TO ALLOW 23 CALSTAR OPERATIONS TO LOCATE AT 1351 SOUTH STATE STREET ON THE AIRPORT 24 GROUNDS AND OCCUPY AN MEDIUM SIZE HANGAR. 25 The following findings are supported by and based on information contained in this staff report, 26 the application materials and documentation, and the public record. 27 28 1. The proposed project, as conditioned, is consistent with the following General Plan -goals 29 and policies: 30 31 Airport Goal AE -1: Promote the Ukiah City Airport for the community benefit both now 32 and in the future. 33 34 The relocation of the CALSTAR operations to the proposed site will allow for the 35 continuation of a viable business at the Ukiah City Airport. This business will provide 36 the community with emergency medical transportation, which is valuable service in 37 rural community. 38 39 Airport Policy AE -1.1: Ensure that the airport's vitality and growth help achieve the 40 General Plan Vision. 41 42 The relocation of CALSTAR will allow for the airport to continue to grow in that the 43 exiting location can be used by another business that would benefit the community. 44 45 Airport Goal AE -2: Provide for long-term viability of the airport. 46 12 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit 2 Community Facilities and Services Goal CF -8: Maintain effective, fast, and 3 dependable emergency medical response in the Valley. 4 5 The relocation of CALSTAR will allow for a more efficient and safe site while 6 enabling reliable emergency medical transport to remain in the valley 7 8 2. The proposed project, as conditioned, is consistent with the purpose and applicable 9 requirements of the Public Facilities zoning district in that: 1) airports and aviation related 10 functions and uses are allowed. 2) the proposed use is consistent with the existing 11 surrounding aircraft/air taxi uses . Based on information submitted by CALSTAR the 12 operation fits the definition of aviation facilities and aviation related uses in the Zoning 13 Ordinance. 14 15 3. The proposed project, as conditioned and with the approved use permit is consistent 16 with the requirements of the Ukiah Municipal Airport Building Area and Land Use 17 Development Plan Guidelines in that a Determination of Appropriate Use was made by 18 the Director of Planning and the Airport Manager on April 2, 2009. The determination 19 required that a use permit must be approved for this use. The appeal period for this 20 determination ended April 20,2009 and no appeals were received. 21 22 4. The proposed project, as conditioned, meets the zoning code parking requirements per 23 section 9170.6 in that the proposed project will provide 6 parking spaces.for this specific 24 CALSTAR use. As proposed there will be one parking space per employee with one 25 extra. Given that the use will not be visited by the general public one space per 26 employee is adequate. 27 28 5. The proposed project site has been evaluated by CALTRANS Aeronautics. The 29 proposed site is preferable to the existing site based on the following: 30 31 The proposed site provides greater separation and reduces the likelihood of 32 incursion from pedestrians and motor vehicles since it is located further from the 33 pedestrian and vehicular access at the terminal building. 34 35 ® The proposed site conforms to the safety criteria for helicopter parking contained 36 in FAA Advisory Circular 150/5390 (Helicopter Design). The existing site is 37 located to close to the slope adjacent to the airport terminal building. 38 39 ® The proposed site is located a greater distance from fixed -wing aircraft. 40 41 6. The proposed project is exempt from the provisions of the California Environmental 42 Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, Class 3(c), New 43 Construction or Conversion of Small Structures, which allows for up to a total of four 44 buildings on one site in urbanized areas not exceeding 10,000 square feet of floor area 45 to be constructed when the use does not involve the use of a significant amount of 46 hazardous substances; where all necessary public services and facilities are available; 47 and the surrounding area is not environmentally sensitive. This exemption is based on 48 the following: 13 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit 2 A. The combined square footage of all buildings on the site to be used is 5,544 3 square feet. 4 o 3,000 square foot existing hangar 5 o 720 square foot new office building 6 o 1,140 square foot new crew quarters 7 o 384 square foot existing modular office building 8 B. The use would be located on a developed lot with public services available. 9 C. The site is located in an urban area that is developed with existing structures, 10 roads, buildings and landscaping therefore water courses, wildlife, wildlife habitat, 11 floodway or flood plain or other environmentally sensitive areas. 12 D. The proposed location would not result in an increase in noise in that the same 13 operational characteristics will be present at the proposed site. Furthermore the 14 proposed site may result in a reduction of noise given that the distance from the 15 closest building is greater then at the exiting site and that the parking location will not 16 be up against a hillside which causes an echo effect at the existing location. 17 18 7. The relocation of CALSTAR will be compatible with the surrounding uses at the Ukiah 19 Airport in that the CALSTAR operation is a air taxi/charter operation similar to the other 20 uses in that location. Furthermore as conditioned the proposed project will not be 21 detrimental to the public's health, safety and general welfare in that there are no 22 residential uses nearby, the physical characteristics of the new location will reduce the 23 noise level that was present at the exiting location and as a condition FOD will be 24 required to be cleared from the site. 25 26 DRAFT SITE DEVELOPMENT PERMIT FINDINGS TO ALLOW THE PLACEMENT 27 OF TWO MODULAR BUILDING ON THE CALSTAR SITE 28 29 The following findings are supported by and based on information contained in this staff report, 30 the application materials and documentation, and the public record. 31 32 1. The proposed project, as conditioned, is consistent with the public General Plan land 33 use designation of the property in that public land uses, i.e. airport uses and business 34 are intended uses for this land use designation. Furthermore the proposed project site is 35 consistent with the following General Plan goals and policies. 36 37 Airport Goal AE -1: Promote the Ukiah City Airport for the community benefit both 38 now and in the future. 39 40 The relocation of the CALSTAR operations to the proposed site will allow for the 41 continuation of a viable business at the Ukiah City Airport. This business will provide 42 the community with emergency medical transportation, which is valuable service in 43 rural community. 44 45 Airport Policy AE -1.1: Ensure that the airport's vitality and growth help achieve the 46 General Plan Vision. 47 14 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit I The relocation of CALSTAR will allow for the airport to continue to grow in that the 2 exiting location can be used by another business that would benefit the community. 3 4 Airport Goal AE -2: Provide for long-term viability of the airport. 5 6 The relocation of CALSTAR will allow emergency medical transportation to stay and 7 continue to function at the Ukiah Airport which will ad to the continued growth of the 8 airport. 9 10 Community Facilities and Services Goal CF -8: Maintain effective, fast, and 11 dependable emergency medical response in the Valley. 12 13 The relocation of CALSTAR will allow for a more efficient and safe site while 14 enabling reliable emergency medical transport to remain in the valley. 15 16 2. The proposed project, as conditioned, is consistent with the applicable requirements of 17 the Public Facility (PF) zoning district in that airport and aviation uses are allowed. 18 19 3. The proposed project ,as conditioned, is consistent with the following findings required 20 by zoning code section 9263(E): 21 22 A. The location of the new modular buildings will not create hazardous or inconvenient 23 vehicular or pedestrian traffic patterns in that the buildings will be located along the 24 north side of the CALSTAR site outside of any vehicular or pedestrian traffic areas. 25 26 B. The project site contains existing landscaping appropriate for the airport. No new 27 landscaping is proposed other then cleaning up and maintaining the existing. 28 29 C. The project site is not located adjacent to a residential zoning district. 30 31 D. The proposed location of the single story modular buildings will not restrict or cut out 32 light and air on the property, or the surrounding neighborhood because the new 33 buildings will be separated from any adjacent buildings by at least 20 feet. 34 35 E. The site is located in an urban area that is developed with existing structures no 36 water courses, wildlife, wildlife habitat, floodway or flood plain or other 37 environmentally sensitive areas. 38 39 F. The proposed modular building will be painted to match the exiting hangar on the 40 site. The modular building are consistent with the exiting structure on the airport 41 grounds. Furthermore because of the uphill berm along the front of the project site 42 the modular will be barley visible from South State Street. 43 44 45 DRAFT USE PERMIT AND SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL 46 47 1. Approval is granted for the operation of CALSTAR as described in the project description 48 submitted to the Community Development and Planning Department and date stamped 15 09 -10 -SDP -UP -PC CALSTAR. Relocation Site Development Permit and Use Permit I February 6, 2009 and as shown on the plans submitted to the Community Development 2 and Planning Department and date stamped March 27, 2009 except as modified by the 3 following conditions of approval. . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2. On plans submitted for building permit, the applicant shall demonstrate how Foreign Object Debris (FOD) will be managed. This includes indentifying the treatment of grass areas. (paving, landscaping, other) . 3. Business operations shall not commence until all permits required for the approved use, including but not limited to business license, tenant improvement building permit, have been applied for and issued/finaled. 4. On plans submitted for building permit, if required, these conditions of approval shall be included as notes on the first sheet. 5. Signs are not included as part of this approval. Signs require application for and approval of a sign permit from the Community Development and Planning Department. 6. No permit or entitlement shall be deemed effective unless and until all fees and charges applicable to this application and these conditions of approval have been paid in full. 7. The property owner shall obtain and maintain any permit or approval required by law, regulation, specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and structural laws, regulations, and ordinances in effect at the time the Building Permit is approved and issued. 8. A copy of all conditions of this Use Permit shall be provided to and be binding upon any future purchaser, tenant, or other party of interest. . 9. All conditions of approval that do not contain specific completion periods shall be completed prior to building permit final. From the Building Official (David Willoughby) 10. A building permit is required for the installation of the modular building. From the Public Works Department ( Ben Kaqevama) 11. The proposed structures shall be served by new sanitary sewer and water service connection to the sewer and water mains. Applicant shall be responsible for sewer and water connection fees a the time the building permit is issued. 12. The existing sewer lateral shall be tested in accordance with City of Ukiah Ordinance No. 1105 and repaired and replaced is necessary prior to final inspection. Standard City Requirements 16 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit 2 13. This Use Permit may be revoked through the City's revocation process if the approved 3 project related to this Permit is not being conducted in compliance with these stipulations 4 and conditions of approval; or if the project is not established within two years of the 5 effective date of this approval; or if the established use for which the permit was granted 6 has ceased or has been suspended for 24 consecutive months. 8 14. All work within the public right-of-way shall be preformed by a licensed and properly 9 insured contractor. The contractor shall obtain an encroachment permit for the work 10 within this area or otherwise affecting this area. Encroachment permit fee shall be 11 $45.00 plus 3% of the Engineer's estimate of the constructions costs. 12 13 Attachments 14 1. Planning Commission Minutes excerpt April 8, 2009 15 2. Staff Report Dated April 8, 2009 16 3. City Council Minutes Excerpt dated November 5, 2008 /f /� �-� 17 4. Airport Commission Minutes Excerpts --,p5&F-c, k4 e n+ q 9t lAU hU ( PRLK 18 5. Designated Planning Area for Land Use and Development Plan Guidelines Map 19 6. Section From Federal Aviation Administration Advisory Circular 150!5390-213, Heliport 20 Design and AC 90-23 F 21 7. , Caltrans, Aeronautics letters dated April 19, 2005, April 8,2009 and May 20,2009 22 8. Correspondence from John Eisenzoph and Mark Davis 23 9. Eastside North Sub -Area 3 Photo 24 10. Existing site plan and photos 25 11. Proposed Site Plan and photos 26 12. Aerial photo of Ukiah Airport. 27 13. Determination of Appropriate Use Dated April 2, 2009 28 14. Table A1-2 Helicopter Dimensions 29 30 17 09 -10 -SDP -UP -PC CALSTAR Relocation Site Development Permit and Use Permit 1 ITEM NO. 9C Community Development and Planning Department 300 Seminary Avenue Ukiah, CA 95482 r)lanninq@citvofukiah.com (707)463-6203 2 3 DATE: April 8, 2009 4 5 TO: Planning Commission 6 7 FROM: Jennifer Faso, Associate Planner 8 9 SUBJECT: Request for a Use Permit and Site Development Permit to allow the relocation of 10 CALSTAR at the Ukiah Airport 1357 South State:Street; APN 003;280=06 11 ( File #.09 -10 -SDP -UP -PC) 12 13 BACKGROUND 14 15 In 1998 California Shock Trauma Air Rescue (CALSTAR) received- Site Development Permit 16 approval to locate at their current location on the -grounds of the Ukiah Airport. In April of 2005 17 CALTRANS Division of Aeronautics inspected the CALSTAR site: and indicated that the location 18 and facility was not safe due to 'and based; on the fact that 1) its. proximity to a hillside and 2) 19 being. within 50 -feet of parking of small:fixed wing. aircraft. Based::on this CALSTAR began to 20 pursue a new site (See attachment 1, Determination of Appropriate :Use) 21 22 The Airport Commission reviewed the proposed .new location as. part,of:a :diraf ; lease and voted 23 on October 8, 2008 to recommend approval (See attachment °1, Airport. irport Csmrnssion Minutes). 24 CALTRANS Aeronautics has reviewed the proposed location -and discussed the„project with the 25 Airport Manager and has given approval. of the. location (See Attachment 2; Correspondence 26 from CALTRANS). 27 28 PROJECT DESCRIPTION 29 30 An application has been received from CALSTAR-for a use permit to allow CALSTAR to occupy 31 the proposed new location at 1351 South State Street and a Site Development Permit to allow 32 the placement of two new modular buildings on the site. 33 34 CALSTAR operates a rapid air transportation service providing 24 hour advanced life support 35 and transportation of victims of trauma- and illness. The proposed project will include two new 36 modular buildings and the use of an existing hangar and modular (See attachment 5, Site Plan). 37 The two new modular buildings will be used for Crew Quarters and' an office.. The existing 38 hangar will be used for aircraft maintenance and the existing modular will be used by the aircraft 39 mechanics as an office. 40 41 The proposed new crew quarters will house 1 pilot and two flight nurses. It will consist of a 42 single level 24 foot X 60 foot building and will be located just north of the existing hangar, 43 placing the modular lengthwise east to west, along the Fed Ex chain link fence and inside the 44 airport security fence. ( See attachment 2). The building would be painted to match the existing ` 45 hangar. 2 The proposed new administrative office will be 12 foot X 60 foot and will be located behind the 3 crew quarters, placing the modular lengthwise east to west, south of the chain link fence on the 4 adjacent Fed Ex property. The building will also be painted to match the other building on the 5 site. 6 7 SETTING 8 9 The new location, 1351 South State Street, is within the area designated as Westside North of 10 the Ukiah Airport Building Area & Land Use Development Plan Guidelines (See attachment 5. itparking 1 I The project site currently contains a hangar, modular buildin) and landscaping. 12 Federal Express is located to the north, to the south of the site is anothereaircraft hangar, the 13 airport runway is to the east and State Street is to the west. There are no residential uses in the 14 immediate area. 15 16 STAFF ANALYSIS 17 18 GENERAL PLAN. The subject property has a Public land use designation. This land use 19 designation identifies lands owned by public agencies, for example civic uses and public utility 20 facilities. The specific uses that may occur are determined by the zoning of the propertand in 21 this case the Guidelines for Airport Land Use Development. y 22 23 Ukiah Airport Building Area & Land Use Development Plan. The project site is within the 24 Ukiah Airport and as such the Ukiah Municipal Airport Master Plan relates to this project. The 25, Airport Master Plan serves as a framework within which individual projects located at the airport 26 vicinity can be evaluated, however it does not regulate the specific uses on the airport rounds. 27 g 28 Ukiah Municipal Airport Building Area and Land Use Development Plan Guidelines.The 29 Guidelines divide the Airport property into five areas defined by existing land uses. The 30 proposed CALSTAR project is located in the Westside North area. Based on the project 31 description submitted by CALSTAR and the definition of Fixed Base Operators (FBO) included 32 in the Guidelines, CALSTAR is an air taxi/charter operation, which is one of the uses explicitly 33 identified as an FBO in the definitions (See attachment 6, Definitions). A review of the 34 Guidelines has revealed that neither FBO or air taxi are identified as allowed or permitted in th 35 area within the plan boundaries. However the Guidelines do allow the Planning Director aany nd 36 Airport Manager to make a Determination of Appropriate Use where ever a use is not listed as 37 permitted or as a right or a use subject to a use ermit. ( See attachment 7, Appropriate 38 Determination)Use 39 40 The existing medium size hangar will be occupied by CALSTAR aircraft. The Guidelines 41 require an approved use permit for use of medium size hangars within this area of the Airport.do 42 43 Based on the above and the determination by the Planning Director and Airport Man er 44 CALSTAR an approved use permit is needed for this project to move forward. g 45 46 ZONING. The subject property is zoned Public Facilities (PF). The of this47 provide for public or quasi -public uses. Specifically to provide businessent opportunit opportis unities to 48 public serving land such as the airport. Airport and aviation related uses are an allowed use in 49 the PF Zone. 50 51 2 1 2 Parking. The proposed CALSTAR use includes office and air/taxi functions. Pursuant to City 3 Code Section 9170.6 the parking requirement for airport uses in the Public Facility (PF) zone is 4 determined by site use and calculated by Article 17 of the City Code. There are three sections of 5 the City Code that can be applied to this site. Furthermore the Code gives the Planning 6 Commission flexibility on how to apply these standards. Listed below are the sections that may 7 be applied to this project. 8 Section 9198 B (1) Retail Stores, Offices, Commercial Banks, Savings And Loan 9 Offices, Food Stores, Drugstores, Appliance Repair Shops, And Similar Uses: One 10 parking space for each two hundred fifty (250) square feet of grossleasablespace 11 except within the City of Ukiah Parking District No. 1 boundaries where the 12 requirement is one parking space for each three hundred fifty (350) square feet of 13 net leasable space. (Differential is result of available public parking provided within 14 the District.) Similar uses having drive -up windows or drive-through: facilities shall 15 have stacking area for five (5) vehicles. 16 Section 9198 G (7) 7. Mixed ,Uses: When two (2) or more uses under the same or 17 different owners and/or managers are located in the same structure and/or in a 18 common development, the sum of the separate requirements for each use shall be 19 as set forth in this Section. In the event of multiple uses, the Commission may 20 require areas of less intensive use to provide a -higher parking requirement if it is 21 determined that the health, safety, and general welfare of the area requires the 22 higher standard. No parking space, or portion thereof, shall serve as a required 23 space for more than one use unless otherwise authorized by the'. Commission. 24 s Section 9198 C (8). Other Uses: For uses not set forth in this Section, parking 25 spaces shall be provided on the same basis as required for the most similar listed 26 use or as determined by the -Commission. (Ord. 793, §2, adopted 1982; Ord. 888, 27 adopted 1989; Ord. 961, §1, adopted 1995) 28 Based on the applicant's project description there will be 5 staff persons per shift. The site plan 29 shows 6 parking spaces adjacent to the hangar. Staff feels that this would be adequate parking 30 for this site and use. 31 32 USE PERMIT. As noted above and based on the Ukiah Municipal Airport Building Area and Land 33 Use Development Plan Guidelines a use permit is required for CALSTAR to relocate to this site. 34 Use permits are intended to provide flexibility by permitting land uses that will not have an 35 adverse impact on surrounding land uses or the general public. Pursuant to Zoning Ordinance 36 section 9262(E), the following specific findings are required to be made in order to approve a 37 use permit. 38 39 1. The proposed land use is consistent with the provisions of this Title as well as the goals 40 and policies of the City General Plan. 41 42 2. The proposed land use is. compatible with surrounding land uses and shall not be 43 detrimental to the public's health, safety and general welfare. 44 45 The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to 46 apprise a reviewing court of the basis for the action by bridging the gap between the evidence 47 and the decision -maker's conclusions, and shall be based upon evidence contained in the 3 1 administrative record. Staff believes that the project i 2 based on the following: s consistent with the required findings 3 4 1. See General Plan, Zoning, and Parking above. 5 6 2. See attachment 1, Determination of appropriate Use by Planning 7 Manager. g Director and Airport 8 9 3. The proposed project will be compatible with the surrounding land uses because 10 CALSTAR's primary use is air tax/transport. This is a common use in the WeS . 1 1 area and therefore will be compatible with the surrounding land uses. Furthe mode North 12 are no residential uses in the immediate area. rmore there 13 14 The proposed project will not be detrimental to the public's 15 welfare because the location will comply with the requirements of CALTRANSn� general 16 Aeronautics. Division of 17 18 The project was reviewed by the City Building Official and Fire Marshal. T 19 comments on or conditions for the project. Also, the project is required to They had no 20 the 1) California Building Code for any tenant improvements as a lica comply with 21 Noise Ordinance and 3) all other applicable City, Local Agency, ble 2) City's State 22 requirements and Federal 23 24 SITE DEVELOPMENT PERMIT. In order for CALSTAR to locate the two new mo 25 the site a Site Development Permit is required, per section 9170.7 (� dular building on 26 ) 27 Pursuant to Zoning Ordinance section 9263(E) the followings ecif 28 made in order to approve a site development permit. p is findings are required to be 29 30 1. The proposal is consistent with the goals, o 31 Pian. bjectives, and policies of the City y General 33 2. The location, size, and intensity of the proposed project will 34 inconvenient vehicular or pedestrian traffic pattern. not create a hazardous or 35 36 3. The accessibility of off-street parking areas and the relation of arkin 37 to traffic on adjacent streets will not create a hazardous or inconvenient c n with respect 38 adjacent or surrounding uses. condition to 39 40 4. Sufficient landscaped areas have been reserved for purposes of separating 41 the proposed structure(s) from the street and adjoining building sites and or screening 42 and screening large expanses of paved areas. breaking up 43 44 5. The proposed development will not restrict or cut out light and air on 45 the property in the neighborhood; nor will it hinder the development or use sero f buil ors i 46 the neighborhood, or impair the value thereof. of buildings n 47 48 6. The improvementof any commercial or industrial structure will not have 49 detrimental impact on the character or value of an adjacent residential zoning 50 _ ng district. F51 Z,- 1 7. The proposed development will not excessively damage or destroy natural features, 2 including trees, shrubs, creeks, and the natural grade of the site. 3 4 8. There is sufficient variety, creativity, and!articulation to the architecture and design of the 5 structure(s) and grounds to avoid monotony and/or a box -like uninteresting external 6 appearance. 7 8 Staff believes that the above findings can be made based on the following: 9 10 1. See "General Plan" under staff analysis above. 11 12 2. The location of the new, modular buildings will not create hazardous or inconvenient 13 vehicular or pedestrian traffic patterns in that the buildings will be located along the north 14 side of the CALSTAR site outside :of any vehicular or pedestrian traffic areas. 15 16 3. The project site contains substantial existing landscaping appropriate for the airport. No 17 new landscaping is proposed other then cleaning up and maintaining the existing. 18 19 4. The project site is not located adjacent to a residential zoning district. 20 21 5. The proposed location of thesingle story modular offices will not restrict or cut out light 22 and air on the property, or the surrounding neighborhood- in that it is setback and 23 separate:from any adjacent buildings. 24 25 6. The site is located in an urban area that is developed with existing structures no water 26 courses, wildlife, wildlife habitat, floodway or flood plain or other environmentally 27 sensitive areas. 28 29 7. The proposed modular building:.will be painted to match the exiting hangar on the site. 30 The modular building are consistent with 'the -exiting structure on the airport grounds. 31 Furthermore because of the uphill berm along the front of the project site the modular 32 will be barley visible from South',State Street. 33 34 8. The proposed project includes sufficient parking for the type of use and number of 35 employees per shift. Based on city code section 9170.6.- 36 170.6:36 37 PUBLIC NOTICE 38 39 A notice of public hearing was posted in three places on the project site on March 27, 2009, 40 mailed to property owners within 300 feet of the project site including all the airport tenants on 41 March 25, 2009, and published in the Ukiah Daily Journal on March 29, 2009. As of the writing 42 of this staff report, no correspondence has been received in response to the .notice. 43 44 ENVIRONMENTAL REVIEW 45 46 The proposed project is exempt from the provisions of the California Environmental Quality Act 47 (CEQA) pursuant to CEQA Guidelines Section 15303, Class 3(c), New Construction or 48 Conversion of Small Structures, which allows for up to a total of four buildings on one site in 49 urbanized areas not exceeding 10,000 square feet of floor area to be constructed when the use 50 does not involve the use of.. a significant amount of hazardous substances; where all necessary 6i 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26- 27 28 public services and facilities are available; and the surrounding sensitive. g area is not enviro nmentafly The proposed project is consistent with the provisions of Section 15303, Class3 c following: () based on the The combined square footage of all buildings on the site to be used is 5,544 s ua o 3,000 square foot existing hanger q re feet. 0 720 square foot new office building 0 1,140 square foot new crew quarters o 384 square foot existing modular office building The project does not involve the use of hazardous substances. The City utilities and services are available to the site. The site is located on the airport grounds, that already contain similar uses and buildings. Furthermore there are no residential use in the immediate area. DECISION TIMELINE The proposed project is subject to the requirements of the Permit StreamliningA PSA requires that a decision be made on the project within 60 days of the a deemed complete. This application was submitted to the CommunityDe Act (PSA). The Department on February 6, 2009 and was deemed complete on application being decision must be made on the project no later than May Development and Planning onetime extension a the decision timeline. The next a March li 2009. y r such, a y 16, 2009. The applicant may request a meeting is April 22, 2009; regularly scheduled Planning Commission RECOMMENDATION 29 Staff recommends that the Planning Commission approve the requested 30 Development permit based on the draft findings and subject to the draft conditions Permit and Site 31 ditions, of a 32 DRAFT USE PERMIT FINDINGS TO ALLOW approval. 33 CALSTAR OPERATIONS TO LOCATE AT 1351 SOUTH STATE STREET 34 GROUNDS AND OCCUPY AN MEDIUM SIZE HANGAR, ®N THE AIRPORT 35 The following findings are supported by and based on information contai 36 the application materials and documentation, and the public record. ned in this staff report, 37 38 1. The proposed project, as conditioned, is consistent with the G 39 designation of the property in that the proposed use is related to aircraft 40 related to airport uses which is a typical use intended f General Plan land use 41 rcraft use and directly Designation. or the Public General Plan 42 43 2. The proposed project, as conditioned, is consistent with the Purpose 44 requirements of the Public Facilities zoning district in that: 1) air ortand applicable 45 functions and uses are allowed. 2) the proposed use is consistent and aviation related 46 surrounding aircraft/air taxi uses . tent with the existing 47 48 3. The proposed project, as conditioned and with the approved use 49 with the requirements of the Ukiah Municipal Airport Building 50 Development Plan Guidelines. permit is consistent 51 g Area and Land Use N 1 4. The proposed project, as conditioned, meets the zoning code parking requirements per 2 section 9170.6. 3 4 5. The proposed project site has been evaluated by CALTRANS Aeronautics, they have 5 determined that this location is best suited for the CALSTAR operations and would not 6 be detrimental to the -public or surrounding uses. 7 8 6. The proposed project is exempt from the provisions of the California Environmental 9 Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, Class 3(c), New 10 Construction or Conversion of Small Structures, which allows for up to a total of four 1 1 buildings on one site in urbanized areas not exceeding 10,000 square feet of floor area 12 to be constructed when the use does not involve the use of a significant amount of 13 hazardous substances; where all necessary public services and facilities are available; 14 and the surrounding area is not environmentally sensitive. This exemption is based on 15 the following: 16 17 A. The combined square footage of all buildings on the site to be used is 5,544. 18 square feet. 19 o 3,000 square foot existing hanger 20 o 720 square foot new office building 21 o 1,140 square foot new crew quarters 22 o 384 square foot existing modular office building 23 B. The use would be located on a developed lot with, public services available. 24 C. The site is located in an urban area that is developed with existing structures, 25 roads, buildings and landscaping therefore water courses, wildlife, wildlife 26 habitat, floodway or flood plain or other environmentally sensitive areas. 27 28 DRAFT SITE DEVELOPMENT PERMIT FINDINGS TO ALLOW THE PLACEMENT OF TWO 29 MODULAR BUILDING ON THE CALSTAR SITE 30 31 The following findings are supported by and based on information contained in this staff report, 32 the application materials and documentation, and the public record. 33 34 7. The proposed project, as conditioned, is consistent with the public General Plan land 35 use designation of the property in that public land uses, i.e. airport uses and business 36 are intended uses for this land use designation. 37 38 8. The proposed project, as conditioned, is consistent with the applicable requirements of 39 the Public Facility (PF) zoning district in that airport and aviation uses are allowed. 40 41 9. The proposed project ,as conditioned, is consistent with the following findings required 42 by zoning code section 9263(E): 43 44 A. The location of the new modular buildings will not create hazardous or inconvenient 45 vehicular or pedestrian traffic patterns in that the buildings will be located along the 46 north side of the CALSTAR site outside of any vehicular or pedestrian traffic areas. 47 48 B. The project site contains substantial existing landscaping appropriate for the airport. 49 No new landscaping is proposed other then cleaning up and maintaining the existing. 50 51 C. The project site is not located adjacent to a residential zoning district. 7 2 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25, 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 3 -Zs D. The proposed location of the single Story light and air on the property, or the surrounding)ne ghular'borhood nwilltthat it restrict s setba out and separate from any. adjacent buildings. ck E. The site is located in' an urban area that is developed with existing structures no water courses, wildlife, wildlife habitat, floodway or flood plain or other environmentally sensitive areas. F. The proposed modular building will be painted to match the exiting hangar on th site. The modular building are consistent with the exiting structure on the airporte grounds. Furthermore because of the uphill berm along the front of the project site the modular will be barley visible from South State Street. DRAFT USE PERMIT AND SITE DEVELOPMENT PERMIT CONDITIONS OF App I. Approval is granted for the operation of CALSTAR as described APPROVAL in the project description submitted to the Community Development and Planning Department and d February 6, 2009 and as shown on the plans submitted to the Community Development and Planning Department and date stamped March 27, 2009 a ate stamped following conditions of approval. except as modified by the 2. Business operations shall not commence until all permits required for including but not limited to business license; tenant improvement building ng ermit been applied for and issued/finaled. approved use, Permit, 3. On plans submitted for building permit, if required, these conditions included as notes on the first sheet, of approval shall be 4. Signs are not included as part of this approval. Signs require application for d approval of a sign permit from theommunity Development a Department. Community Planning 5. No permit or entitlement shall be deemed effective unless and until all fees and applicable to this application and these conditions of approval have been paid in charges full. 6. The property owner shall obtain and maintain an regulation, specification or ordinance of the City of Ukiah and other Lermit or approval ocal, Sat law, Federal agencies as applicable. All construction shall comply with all fire b electric, plumbing, occupancy, and structural laws, regulations, and ordinanc e' or at the time the Building Permit is a wilding, approved and issued. es in effect 7. A copy of all conditions of this Use Permit shall be provided to and be binding future purchaser, tenant, or other party of interest. 9 upon any 8. All conditions of approval that do not contain specific completion erio completed. prior to building permit final. p ds shall be From the Buildin Official David Willow hb 8 i 1 9. A building permit is required for the installation of the modular building. 2 3 From the Public Works Department ( Ben Kageyama) . 4 5 10. The proposed structures shall be served by new sanitary sewer and water service 6 connection to the sewer and water mainsL Applicant shall be responsible for sewer and 7 water connection fees a the time the building permit is issued. 8 9 11. The existing sewer lateral shall be tested in accordance with City of Ukiah Ordinance 10 No. 1105 and repaired and replaced is necessary prior to final inspection. 11 12 Standard City Requirements 13 14 12. This Use Permit may be revoked through the City's revocation process if the approved 15 project related to this Permit is not being conducted in compliance with these stipulations 16 and conditions of approval; or if the project is not established within two years of the 17 effective date of this approval; or if the established use for which the permit was granted 18 has ceased or has been suspended for 24 consecutive months. 19 20 13. All work within the public right-of-way shall be preformed by a licensed and properly 21 insured contractor. The contractor shall obtain an encroachment permit for the work 22 within this area or otherwise affecting this area. Encroachment permit fee shall be 23 $45.00 plus 3% of the Engineer's estimate of the constructions costs. 24 25 Attachments 26 27 1. Determination of appropriate Use by Director of Planning and Airport Manger 28 2. October 7, 2008 Airport Commission Minutes 29 3. Correspondence from CALTRANS Aeronautics 30 4. Project Description 31 5. Ukiah Municipal Airport Building Area & Land Use Plan Development Guidelines 32 (Planning Commissions only) 33 6. Ukiah Municipal Airport Master Plan Definitions Excerpt (Fixed Base Operator and Air 34 Taxi) 35 7. Site Photos 36 8. Proposed Plans ( Planning Commission) 37 38 E a�I�tr„`,��Q—,hf-nent # . Community Development and Planning Department Gni 300 Seminary Avenue Ukiah, CA 95482 Planningna cityofukiah corn 2 (707)463-6203 3 DATE: April 2, 2009 4 5 TO: File # 09 -10 -SDP -UP -PC 6 7 FROM: Charley Stump, Planning Director 8 Greg Owen, Airport Manager 9 10 SUBJECT: Ukiah Municipal Airport Building Area & Land Use Development Plan Guidelines 11 Determination of Appropriate Use for the Relocation of CALSTAR at the Ukiah 12 Airport, 1351 South State Street, (File # 09 -10 -SDP -UP -PC) 13 14 15 16 CALSTAR has applied for a Site Development Permit to relocate their existing facility at the 17 Ukiah Airport to a new location on the airport property. CALSTAR operates a rapid air 18 transportation service providing 24 hour advanced life support and transport of victims of trauma 19 and illness. The use includes office, crew quarters, and aircraft maintenance (see project 20 description). 21 22 CALSTAR has been operating at the Ukiah airport since 1998 when a Site Development Permit 23 (98-10) was approved by Planning Commission. Currently, CALSTAR operates in the West 24 Central area. During a CalTrans Division of Aeronautics inspection of the airport, CALSTAR and 25 the airport were informed that the current location of the facility was not safe due to 1) its 26 proximity to a hillside and 2) being within 50 -feet of parking for small fixed wing aircraft. This 27 resulted in CALSTAR looking for a new location on the airport grounds. Cal Trans Division of 28 Aeronautics has reviewed the new location of the facility and has provided preliminary approval 29 (see attachments). 30 31 Based on the definition of Fixed Base Operators (FBO) included in the Guidelines and the 32 information provided by CALSTAR, CALSTAR is an air taxi/charter operation which is one of the 33 uses explicitly identified as an FBO in the definitions (Guidelines, page 13). 34 35 A review of the Ukiah Municipal Airport Building Area & Land Use Development Plan Guidelines 36 for the proposed location of CALSTAR, Westside North, has revealed that neither FBO nor air 37 taxi are identified as allowed or permitted in the Westside North area (Guidelines, page 6). The 38 Guidelines do not allow general FBO or air taxi in any area within the plan boundaries. 39 40 The Guidelines allow the Planning Director and the Airport Manager to make a Determination of 41 Appropriate Use whenever a use is not listed as a use permitted as a right or a use subject to a 42 use permit. In order to make such a determination, specific findings are required (Guidelines, 43 page 11, section IX). The following are the required findings: 44 45 1. The use would not be incompatible with other existing or allowed uses at the airport. 46 1 2. The use would not be detrimental to the continuing development of the area in which the 2 use would be located. 3 4 3. The use is similar in nature and intensity to the uses listed as permitted uses. 5 6 Based on the following, CALSTAR is considered an appropriate use in the Westside North area 7 of the airport subject to Planning Commission approval of a Use Permit: 8 9 Air Taxi/Transport (Existing Hangar). Air taxi/transport would be the primary use and 10 includes additional support/accessory uses (office, crew quarters, mechanic/technician 11 facility). In the Westside North area, FBO's are described as including both large and 12 medium hangars and that FBOs generally use large hangars (Guidelines, page 5). Since 13 these uses are already common in the Westside North area and comprise most of the 14 uses on the airport grounds, CALSTAR would not be incompatible with other existing or 15 allowed uses at the airport. Also, for the past 3 summers, a helicopter has operated out 16 of Hangar 10 that is adjacent to the proposed CALSTAR location. 17 18 CALSTAR helicopters would be located in a medium size hangar. Medium size hangars 19 require approval of a Use Permit (Guidelines, page 6). The Guidelines do not indicate 20 the use that is allowed to occur within the hangar. Since the CALSTAR helicopters 21 would occupy a medium size hangar and the project does not propose to expand the 22 size of the hangar, the use of the hangar by CALSTAR would be similar in nature and 23 intensity to the use of a medium size hangar by a different tenant/use. 24 25 Since the use is located in an existing hangar, it would not affect the continuing 26 development of the area. The helicopters would use a designated and marked landing 27 area located outside of the hangar. The location has been reviewed by the Airport 28 Commission and CalTrans Aeronautics and received preliminary approval. As such, the 29 location would not be incompatible with other uses at the airport and would not be 30 detrimental to the continuing development of the area. 31 32 Crew Quarters (New Modular). The crew quarters would accommodate 1 pilot and 2 33 flight nurses 24 hours a day. This is part of the primary air taxi (FBO) use. FBO uses are 34 already well established in the Westside North area. Although FBO appears to be a 35 primary use at the airport and the primary purpose of an airport, very few if any uses 36 identified as FBO are allowed in the areas identified in Guidelines. Due to the number of 37 people and the size of the building, the crew quarters would be low intensity in nature 38 and would likely operate similar to warehouse and distribution or freighting in that these 39 facilities at times operate 24 hours a day and have few employees. Pursuant to zoning 40 ordinance section 9261(B), approval of a Site Development Permit is required for the 41 new building that would house the office use. 42 43 ® Office (New Modular). The office use would include 1-2 people. This use is accessory 44 to and operates in support of the primary air taxi (FBO) use. The definition of FBO states 45 that offices and employee lounge are normally included in the larger hangars that house 46 FBO uses (Guidelines, page 13). As such, office use is considered normally accessory 47 to an FBO use. In this case the office use would not be accommodated within the 48 hangar, but rather would be housed in a detached modular building. The number of 49 people, size, and hours of operation of the office are likely to be similar in intensity to 50 Technical Services and Sales Leasing, which are allowed with the approval of a Site 51 Development Permit and Use Permit, respectively. Pursuant to zoning ordinance section 1 9261(B), approval of a Site Development Permit is required for the new building that 2 would house the office use. 3 4 Aircraft Maintenance (Existing Modular). Aircraft maintenance would employ one (1) 5 person. This use is accessory to and operates in support of the primary air taxi use. 6 Since the use is located in an existing building, it would not affect the continuing 7 development of the area. The maintenance building/office would be similar in nature and 8 intensity to a machine shop and electronic assembly/repair, which are allowed with 9 approval of a Site Development Permit and Use Permit, respectively. 10 11 Agency Review. The proposed location has been reviewed by City staff, the Airport 12 Commission, and CalTrans Division of Aeronautics. The Airport Commission reviewed 13 the location as part of the draft lease and voted to recommend approval (see 14 attachments, October 7, 2008 Airport Commission minutes). CalTrans Division of 15 Aeronautics has reviewed the proposed location and discussed the project with the 16 Airport Manager. CalTrans has given preliminary approval of the location (see 17 attachments). 18 19 a Use Permit. The use of the existing medium size hangar and this determination of 20 appropriate use require approval of a Use Permit. Specific findings are required to be 21 made as part of approval of a use permit (zoning ordinance section 9262 (E)). The 22 findings include compatibility with the surrounding land uses and not creating a detriment 23 to public health, safety and general welfare. The Planning Commission has the ability to 24 place conditions on the Use Permit in, order to ensure consistency with the required 25 findings (zoning ordinance section 9262(F)). 26 27 28 CONCLUSION 29 30 Based on the above, we are able to make the required findings and to conclude that the 31 proposed land use is an appropriate use in the Westside North area. 32 33 34 35 Attachment: CalTrans Division of Aeronautics Correspondence 36 Airport Commission Minutes 37 38 -- Attachment UKIAH REGIONAL AIRPORT COMMISSION February 5, 2008 Minutes Excerpt - COMMISSIONERS PRESENT Don Albright Bill Beard Dottie Deerwester Eric Crane COMMISSIONERS ABSENT Ben Winter STAFF PRESENT Paul Richey, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary OTHERS PRESENT Carl Steinmann Mike Whetzel Debbie Pardee Roy Pardee The Airport Commission meeting was called to order by Chair Beard at 6:30 p.m., at the Ukiah Regional Airport, Old Flight Service Station, 1403 South State Street, Ukiah, California. results listed above. Roll Call was taken with the 8A. CALSTAR Lease Negotiations Airport Manager stated Calstar Manager Debbie Pardee is present to answer questions concerning potential relocation of the Calstar operation and existing lease which expires in May 2008 and commented as follows: ® Calstar looked at relocating its operation to the Brian Brodoski hangar area and decided to pursue a development on the new asphalt pad area immediate north of Feather Lite. ® The proposed development would include two 24x60 mobile units, a helicopter pad, and a small shed for the northern site. Utilities and water/sewer hook-ups would be available and information regarding associated costs and specific location of the utilities will be reviewed by City staff. ® Placement of the mobile units on the westernmost portion of the site would encroach onto the pavement on the north end where sufficient roadway width must be maintained, since the roadway narrows. ® The new asphalt pad area is approximately 160x180 allowing sufficient room for the development, noting there are advantages to installing the mobile units on the far west side. ® Manager Pardee is proposing to move the security gate and reconfiguring it to the north side of the building such that one at least a portion of one building would be accessible without having to go through the security gate, since the facility does have to meet the public. ® The project must comply with City Code standards and the development will be subject to discretionary review. ® Because the proposed development would not consist of permanent structures, the lease renewal would not likely be long term. ® Calstar would be financially responsible for moving and utility expenses such as a new transformer, although there may be some flexibility on the part of City water/sewer hook-up fees, since Calstar has paid for hook-ups at the existing site. Debbie Pardee commented the intent is to minimize costs and noted the move will be expensive. There are no plans to build a hangar at this time or to construct a permanent structure. The site layout will be typical of most Calstar facilities. Minutes of the Airport Commission Page 1 February 5, 2008 Mike Wetzler questioned helicopter operations in close proximity to the localizer approach and whether FAA approval is required, noting a potential hazard exists when a helicopter could take off at minimum speed when an aircraft is on an 'IFR' approach. Staff will consult with the FAA in this regard. Debbie Pardee recommended staff consult with Caltrans Division of Aeronautical to make sure this agency is comfortable with the proposed site. There was a brief discussion concerning the timeframe for securing/arranging of public utilities, Planning Commission discretionary review for the Major Site Development Permit, lease renewal negotiations and subsequent approval by Council. Minutes of the Airport Commission Page 2 February 5, 2008 UKIAH REGIONAL AIRPORT COMMISSION March 4, 2008 Minutes Excerpt. - COMMISSIONERS PRESENT Dottie Deerwester, Chair Don Albright Bill Beard Eric Crane, Vice Chair Ben Winter COMMISSIONERS ABSENT None STAFF PRESENT Paul Richey, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary OTHERS PRESENT Gregg Taylor Albert Lau Mike Whetzel Pat Thompson, Interim City Manager The Airport Commission meeting was called to order by Chair Deerwester at 6:30 Regional Airport, Old Flight Service Station, 1403 South State Street, Ukiah, California. with the results listed above. P.m., at the Ukiah Roll Call was taken 713. CALSTAR Relocation Airport Manager Richey commented as follows: ® Staff provided copies of letters, Airport layout plans, and floor plans for the proposed CalStar project. ® The Commission discussed relocating CalStar to the northwest portion of the Airport. While the location would be cost effective for CalStar, the Commission and Mike Whetzel discussed whether this location would be feasible in terms of safety and noise factors, noting helicopter operations would be in close proximity to the localizer approach and there is the potential hazard when a helicopter takes off at minimum speed and an aircraft is on an `IFR' approach. The Commission asked staff to propose other sites which could be used for CalStar. ® Staff has proposed four sites and they include: 7. Area south of the Bordoski Hangar at the top and bottom of the retaining wall There are water and sewer mains in* the immediate area. Cost to install water and sewer services would be minimal. 2. Area just north of the CalFire location at the top and bottom of the bank There are water and sewer mains in the immediate area. Costs to install water and sewer services would be minimal. 3. The before stated area north of Feather Lite There is a water main in the immediate area. The sewer main terminates just north of Featherlite and is shallow. It may be necessary to pump sewer at this location depending how far the actual buildings are located from the end of the existing sewer main. 4. South of the Bulk Fuel Storage area on the east side Both water and sewer mains terminate at the City Corporation Yard. Sewer would definitely have to be pumped to this location. Staff recommends the Commission decide how many potential tenants could use the available land and size the sewer improvement accordingly. The necessary sewer improvements coupled with the need to extend the water main several Minutes of the Airport Commission Page 1 March 4, 2008 M-4 hundred feet to provide fire and domestic water service make this site the least attractive from a water and sewer perspective due to the expense. ® Staff has asked the City Public Utilities Department to provide cost estimates for utilities for the proposed locations. ® South of the Bulk Fuel Storage area is the best area for the good of the Airport. However, this site would be the most costly for CalStar to relocate. The Commission discussed the above -referenced locations with regard to such issues as utilities, existing infrastructure, access, safety, noise, costs, and whether the sites would be a good fit in connection with the Airport Layout Plan. By consensus the Commission agreed the most effective approach would be to analyze each site in terms of whether it would be a good fit for the Airport relative to the best and highest use of land. The Airport Layout Plan will be an effective resource in determining/evaluating the appropriate site. Minutes of the Airport Commission Page 2 March 4, 2008 i UKIAH REGIONAL AIRPORT COMMISSION April 1, 2008 Minutes Excerpt COMMISSIONERS PRESENT Dottie Deerwester, Chair Don Albright Bill Beard Eric Crane, Vice Chair Ben Winter COMMISSIONERS ABSENT None STAFF PRESENT Paul Richey, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary OTHERS -PRESENT Robert Wattenburger Carl Steinmann Bob Burgess Mike Whetzel George Borecky The Airport Commission meeting was called to order by Chair Deerwester at 6:30 p.m., at the Ukiah Regional Airport, Old Flight Service Station, 1403 South State Street, Ukiah, California. Roll Call was taken with the results listed above. 6. DISCUSSION/ACTION 6A. CALSTAR Relocation — Future Land Use Planning Airport Manager Richey stated former City employee George Borecky, Public Utilities water/waste water superintendant, is present to provide information and answer Commission questions about costs/needs for water and waste water to the proposed CALSTAR sites. George Borecky referred to an aerial map of the Airport that shows sewer and water features and will answer questions the Commission may have about utilities at the Airport. Staff/Commission referred to the color -coordinated Airport Building and Facility Legend map, the Airport aerial map that shows the location sewer/water facilities at the Airport, and Airport Building Area and Land Use Plan Development Guidelines, and discussed possible sites for the relocation of CALSTAR as follows: ® The building setback line requirement will be the limiting factors for relocating the CALSTAR operation to the Eastside North and Westside North. ® Water/sewer/electrical development costs are a factor and staff stated such costs, for instance, for the CalFire project would be approximately $50-60 per lineal foot. He briefly addressed utility availability for the CalFire project, and noted sewer hook-up for the CalFire project will come from Townsend Lane. Water and electrical facilities are available within close proximity, which may not be the case for all of the four proposed relocation areas for CALSTAR, ie., area south of the Brodoski Hangar at the top and bottom of the retaining wall, area just north of the CalFire location at the top and bottom of the bank, area north of Featherlite on the Westside North, and south of the Bulk Fuel Storage area on the Eastside North. Some of these areas will require the development of sewer and/or electrical facilities. ® Due to the gradients of the proposed. relocation areas for CALSTAR, pumping facilities will be necessary for sewer to the extent that would be needed for this type of operation. Minutes of the Airport Commission Page 1 April 1, 2008 M-0 With regard to relocation Eastside North, there is no sewer main on the Railroad right-of- way wherein sewer hook-up would come from the Airport Industrial Park (AIP). George Borecky addressed the element of pumping stations and the servicing of areas on the Airport for sewer as follows: ® Pumping stations are effective where gravity is an issue. • There were gradient problems at the City Corporation Yard relative to Eastside North Sub - Area 2 wherein certain portions of the area had to be elevated for the sewer system. ® A sewer line could be implemented if the servicing of property in the vicinity of the Tetrahedron is part of the plan. The property near the Tetrahedron is much lower in elevation than that of the City Corporation Yard. ® Understanding of the Airport at potential buildout is highly relevant to future planning for sewer facilities, particularly if pumping stations are necessary. Airport Manager Richey commented there is definitely room for more than a CALSTAR operation for Eastside North, including other areas on the Airport whereby the planning for utility services should allow for more than one operation, particularly if there is development potential for a second operation. He is uncertain how development costs for utility services should be differentiated in anticipation of future growth. The degree of usage depends upon the type of operation. The nature of CALSTAR as a commercial operation will likely have a greater demand for usage. Member Crane commented if gravity is not a concern with regard to the use of pumping facilities, the matter of pipe size becomes less of an issue. The planning for sewer facilities can be made according to projected pumping capacity based on the number of operations that could occur for a particular site. ® The Airport as a City -owned facility and acting as a landlord has more latitude with regard to projects and with providing for sewer services than would a private project in the sense that the land is essentially one piece of property as opposed to divided into lots. There was a brief discussion about utilizing `conventional methods' for development of sewer systems in conjunction with gravity problems for a site. ® Planning for future sewer service systems can be a problem without knowing how elaborate/extensive each individual system needs to be. • It may beneficial to carry the sewer main past the Tetrahedron and further to the south. Staff questioned the feasibility of extending sewer facilities farther south from the Tetrahedron noting there would be no room for development when CalFire relocates Eastside South and sewer connection for this facility will come from Townsend Lane. There was a general discussion about pump size and other relevant components associated with sewer service such as lift stations etc., that are based on the number of facilities and type of use, noting a difference in the operation between a restaurant and a FBO. The Commission looked at the map of the Airport showing sewer and water features and discussed sewer service feasibility and cost factors in connection with CALSTAR relocating to the Eastside North, Eastside South, Westside North, and Westside South. Minutes of the Airport Commission Page 2 April 1, 2008 While the Commission acknowledged the need to have a layout plan for development at the Airport, allowing for some flexibility with regard to development is fundamental to ensure the best and highest use of the land. Relocation of CALSTAR to Westside North would require the expense of purchasing a transformer. Staff/Commission discussed the Building Area and Land Use Plan for the Airport as follows: Westside North ® This area is bordered by Hastings Avenue on the north, the Airport BRL on the east, State Street on the west, and the toe of a small embankment on the south. ® The area is constrained by several slopes and an irregular shape that requires creative site planning and design. This is particularly pertinent in the northernmost area, due to the wedge-like shape that becomes narrower near the Hastings Avenue frontage. As the area narrows, it may be too small for the development of a standard building. ® Page 8 of the document lists the allowed and permitted uses. ® Prior to the adoption of the Airport Land Use Plan, the intended use for this area has typically been for operations requiring or having the need for State Street frontage. ® CALSTAR could be located in the area north of Featherlite. There is a water main in the immediate, area. The sewer main terminates just north of Featherlite and is shallow. It may be necessary to pump sewer at this location depending how far the actual buildings are located from the end of the existing sewer main, Eastside North ® This area consists of the lands bounded by Hastings Avenue on the north, Airport Road on the east, the Airports Segmented Circle on the south, and the Aircraft Parking Line (APL) and Runway Protection Zone (RPZ) on the west. Within the Eastside North area, there are three sub -areas, as defined on pages 3 through 5 of the layout plan document. ® Commissioner Deerwester and Airport Manager Richey met with Community Services Director Sangiacomo concerning economic development opportunities in Sub -Area 1 that was the former lumberyard site. Construction of a small tie -down area and access egress and ingress to the site would encourage/promote economic development in this area particularly with the activity from retail commercial establishments, restaurants, and hotels in the AIP. A car rental agency would be a good use for this site. Pilots/passengers flying into the Airport would be able to access the hotels and restaurants in the AIP via an eastern access. There was mention about the advantages of constructing a fueling kiosk in this area. Redevelopment funding may be available for use in this area. ® The former lumberyard site consists of approximately 3.5 acres. A sewer line runs across the middle of the area so development may be restricted. ® In terms of development, water is available from Airport Road. • Staff supports paving this area in order for aircraft to have access to the former lumberyard site with the intent of asking for an FAA approved design for the construction of a taxiway connector in the future. This item is included in the CIP list even though it will be some time before funding can be appropriated for a taxiway connector for the former lumberyard site. The number of aircraft accessing in this area would be `light' at this point. ® It was noted the building setback line is very close to the existing sewer line in this area. ® CALSTAR could relocate south of the Bulk Fuel Storage area on the east side. Both water and sewer mains terminate at the Corporation Yard. Sewer would definitely have to be pumped to this location. The necessary sewer improvements together with the need to Minutes of the Airport Commission Page 3 April 1, 2008 = IN extend the water main as necessary to provide fire and domestic water services make this site the least attractive from a water/sewer perspective due to the expense of developing the infrastructure. However, this is the best area for the good of the Airport. Chair Deerwester noted CALSTAR's preference is to relocate Westside North. According to the Airport Layout Plan, this area does not allow for this type of operation. The Commission has expressed concern about this proposal with regard to noise and safety and is not supportive of relocation to Westside North. Eastside North Sub -Area 1 allows for heliport and helicopter operations, including offices and other support facilities as an `allowed use.' Eastside North Sub -Area 1 extends northward from the City Corporation yard is designated for aviation -related uses and has been identified as having revenue enhancing potential because of its access to'high traffic city streets and its proximity to retail commercial businesses. Eastside North Sub -Area 3 is located between the Corporation Yard and the Segmented Circle with Airport Road on the east and the Airport Property Line on the east. There is no minimum size for a building footprint in this area. The development of structures or other permanent fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited if it is determined they could impede aircraft operations. Heliport and helicopter operations, including offices and other support facilities are an `allowed use' in this area. Staff and the Commission addressed the Building Restriction Line requirement for the Eastside North relative to Sub -Area 1; as defined on page 3 of the Airport Layout Plan. The minimum building footprint is 6,400 square feet. The development of structures or other permanent fixtures in the area between the Airport Property Line and the Building Restriction Line are prohibited if it is determined they could impede aircraft operations or the line of sight from the airport tower. It was noted developments are subject to FAA approval and .must be compatible with the Airport Master Plan and Airport Compatibility Zones. Eastside South This area is located between Airport Road on the east, the BRL on the west, the segmented Circle on the north, and on the south by the airport boundary line. There are two sub -areas for Eastside South. Sub -Area 1 allows for aircraft parking and tie -downs, automobile parking, and primitive parking/picnic area. Staff/Commission `discussed the possibility of developing a campground facility in this area. Sub -Area 2 is the proposed new location for the CalFire operation where allowed uses include fire attack base and helicopter and helicopter operations. Westside Central CALSTAR is currently at this location and not feasible for helicopter emergency rescue operations. Future plans for this area include a new terminal building. Westside South ® Is one of the proposed sites for relocation of CALSTAR, which includes the area south of the Brodoski Hangar at the top and bottom of the retaining wall. ® There are water and sewer mains in the immediate area. ® Cost to install water and sewer services would be minimal. • Small and medium size Hangar development would be an appropriate use for this area. Minutes of the Airport Commission April 1, 2008 Page 4 The area just north of the CalFire location at the top/bottom of the bank is also a proposed site for the relocation of CALSTAR. There are water and sewer mains in the immediate area. Costs to install water and sewer services would be minimal. Staff noted Debbie Pardee of CALSTAR is not present and the issues regarding relocation of the operation remain the same as originally proposed with regard to cost factors, access, building siting/setback restrictions and the site preference for CALSTAR is Westside North. There was a brief discussion about future property acquisition of privately owned parcels at the far southwest end of the Airport that would benefit the Airport in terms of development potential. The FAA will fund for property acquisition at 95% and is item . is included in the CIP for 2011. Community Services Director Sangiacomo will obtain more information' about the properties, including ownership. Commissioner Crane supports the City seeking `First Right of Refusal' for these parcels. Airport Manager Richey commented on FAA funding for Airport improvements such as paving for the former lumberyard site, and stated the FAA has indicated construction will begin next year after the engineering portion of the FAA Airport Improvement Grant is completed for the storm drains. The FAA has requested the next CIP projectwill be to slurry seal the runways and taxiways. All other `wish list' improvements will succeed. The federal AIP funding was not renewed last October, because such monies are in a state of `flux.' There have been four short-term extensions on the existing AIP fund, which currently runs through June 2008. Consideration is being given at the Congressional level about the issue of user fees and whether they should be added, which is one of the reasons for the delay in funding. Staff anticipates very little federal AIP funding will be available this fiscal year wherein the Airport will not likely get funded for the construction portion of the FAA Improvement Grant for the storm drains until next year. Staff noted the funding source for Caltrans monies for airport improvements come from aviation fuel tax and airline ticket tax. There is no general fund monies from State, federal or local governmental agencies that go for airport improvements wherein such improvements are self-supporting. However, some airports do receive local funding for improvements. The State will underwrite any FAA grant at 2.5% so airports requesting FAA funding for improvements are eligible for State funding also. Requests for airport improvements must be included in the federal ACIP list of acceptable improvements and mirrored by the State ACIP in order for a project to be fully funded. There was a discussion about the use of grass strips on the airport. Staff noted the FAA does not want aircraft using airport infields. Staff addressed the relocation of CALSTAR and stated the best locations for the good of the Airport would be Eastside North and Westside South by virtue of the type of operation, as discussed above. CALSTAR provides a valuable service to the community and supports this organization remain at the Airport. Some of the costs to relocate would include the construction of a helicopter pad, paving of the parking area and development of necessary utilities. There are no funds earmarked at this time in the Airport budget to develop utilities. There is, however, a fund set aside potentially for a new fuel facility or for development of hangars that could be used to assistCALSTAR with utility development, if necessary. The money could be expended in the form of a loan with payback terms/conditions so the money can still be used for the intended purposes. Minutes of the Airport Commission Page 5 April 1, 2008 Commissioner Crane stated since CALSTAR cannot stay in its present location due to FAA regulations, the questions essentially become: ® Where else can CALSTAR go on the Airport.- ® What is the least expensive and most realistic location. ® What is the cost differential for the Airport and CALSTAR to relocate CALSTAR. Chair Deerwester inquired regarding the options at this point. Airport Manager Richey stated the best approach at this point would be to leave CALSTAR at its present location on a month-to-month lease and allow time for CALSTAR to consider the proposed sites. Staff will further look into the cost differentials for CALSTAR and the City in terms of relocating to the most feasible and least expensive site for all of the parties involved. There was discussion about allowing CALSTAR at this point to continue to operate in the current offices on a month-to-month basis and require the helicopter portion of the operation to function from across the runway on a site that allows for a helicopter pad. Minutes of the Airport Commission Page 6 April 1, 2008 UKIAH REGIONAL AIRPORT COMMISSION May 6, 2008 Minutes Excerpt COMMISSIONERS PRESENT Dottie Deerwester, Chair Bill Beard Eric Crane, Vice Chair COMMISSIONERS ABSENT Don Albright Ben Winter STAFF PRESENT Paul Richey, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary Carl Steinmann Mike Whetzel Don Ballek James R. Freese The Airport Commission meeting was called to order by Chair Deerwester at 6:30 p.m., at the Ukiah Regional Airport, Old Flight Service Station, 1403 South State Street, Ukiah, California. Roll Call was taken with the results listed above. DISCUSSION/ACTION 6A. CALSTAR Relocation Airport Manager Richey referred to a copy of raw data for the cost of moving CalStar to various sites. Staff is waiting for information from the Planning Department regarding requirements for development at any of these sites. Staff/Commission made the following comments: ® Debbie Pardee supports the Commission come up with a plan/methodology for choosing a site as soon as possible so they can proceed with purchasing the modular buildings and address other issues involved with relocation. ® While Eastside North encompasses three Sub -Areas, relocation of the operation to Eastside North Sub -Area 3 adjacent to the windsock/area just north of the CalFire location at the top and bottom of the bank site would be the most feasible location for the Airport compared to the other proposed sites, ie., area south of the Brodoski Hangar at the top and bottom of the retaining wall, area north of Featherlite on the Westside North, and south of the Bulk Fuel Storage area on the Eastside North. Even though relocation to Eastside North Sub -Area 3 would be costly in terms of providing the necessary utility extensions, sewer hook-up/potential sewer pumping facilities, site preparation, potential ground improvements to address drainage and parking issues, development of a helicopter pad, and other associated costs, it would less costly than relocating to Eastside North Sub -Area 1 where the Bulk Fuel Storage area is located. ® Relocation of CalStar will likely require FAA review and approval. Mike Whetzel addressed the matter of planning for future development/effective use of land and emphasized the importance of selecting a site for CalStar that would encourage future development. While relocation to Eastside North Sub -Area 3 may be initially costly with having to make site and utility improvements, it would be advantageous because some of the necessary infrastructure and expansion of utility facilities would already be in place for future development. Airport Manager Richey understands that maximizing land to its best and highest use is highly important and stated a site must be chosen that can safety and effectively accommodate Minutes of the Airport Commission Page 1 May 6, 2008 helicopter operations. He commented any operations on the proposed site north of CalFire other than for helicopter use would be extremely limited without construction of a taxiway. Mike Whetzel stated relocating CalStar would begin the presence of development in this area and possibly encourage future development. The Commission supports focusing the relocation of CalStar to Eastside North south of the City Corporation Yard and adjacent to the windsock in the area just north of the CalFire location at the top and bottom of the bank. There was a brief discussion about whether the City could assist with expenses for construction of infrastructure, site preparation, and/or expansion of utilities with regard to water/sewer and electric facilities. Staff will consult with the Planning Department concerning site development requirements. Commissioner Crane stated relocating to Eastside North would provide the opportunity for the Airport to rent the existing CalStar facilities. Minutes of the Airport Commission Page 2 May 6, 2008 UKIAH REGIONAL AIRPORT COMMISSION September 2, 2008 Minutes Excerpt COMMISSIONERS PRESENT Dottie Deerwester, Chair Eric Crane Don Albright Jeffrey Sloan Carl Steinmann COMMISSIONERS ABSENT None STAFF PRESENT Greg Owen, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary OTHERS PRESENT Chris Giller Deborah Pardee Paul G. Likens Bernie Huhane Nick Bishop Boyd Searer John Eisenzopf Bob Devinney John Jensen The Airport Commission meeting was called to order by Chair Deerwester at 6:30 p.m., at the Ukiah Regional Airport, Old Flight Service Station, 1403 South State Street, Ukiah, California. Roll Call was taken with the results listed above. DISCUSSION/ACTION 6 A. CALSTAR move to DHL Hangar (Powerpoint Presentation — 60 min. max. discussion time) CALSTAR Representatives attending: Chris Giller, Chief Operating Officer Debbie Pardee, Region Director Airport Manager Owen gave a Powerpoint presentation showing the proposed new site and commented as follows: ® The current location for CALSTAR includes a 6000 sq. ft. ground lease @ $452 per month, $38 monthly fuel truck parking fee, a $40 monthly land -side vehicle parking and two large modular trailer units and maintenance shed staged on the ramp for a grand total of the $530 total monthly rent. ® The proposed new location at the former DHL building includes 14,400 sq. ft. of ramp space @ $432 per month, 3,000 sq. ft. of Hangar space @ $837 per month, 384 sq. ft. of modular office space @ $353.28 per month; and 5,760 sq. ft. of land -side parking @ $172.80 per month for a grand total of $1,795.08 per month rent. ® Caltrans Aeronautical Division mandated the relocation five years ago because the current location is not feasible for a helicopter emergency rescue operation as it conflicts with general aviation fixed -wing aircraft and the current location lacks a maintenance facility. ® The proposed new location would require that the two grass/dirt areas near the taxi -way would need to be paved. Minutes of the Airport Commission September 2, 2008 Page 1 -1 ® The pros for relocating CALSTAR include moving the helicopter portion of the operation away from fixed -wing aircraft, provide for a safer and more secure location for CALSTAR to function, and better meet the need of customers. - ® The cons for relocating include the cost of paving of grass/dirt area, increased noise to the FedEx operation and CALSTAR's unwillingness to add more permanent structures. • Staff concludes the proposed new location is workable with an upgrade from CALSTAR, complies with Caltrans regulations, and would better serve CALSTAR as an emergency rescue operation wherein the helicopter function would no longer conflict with fixed -wing aircraft on the Airport. ® The Commission favors the area south of the Corporation Yard as the permanent site for CALSTAR wherein the DHL site is a temporary solution, since the proposed permanent site lacks the necessary infrastructure for CALSTAR to operate. ® Staff indicated the present location of the helicopters is unsafe and a potential liability. The Commission/staff and CALSTAR representatives discussed the proposed new location as follows: ® The matter of finding an appropriate site for CALSTAR has been an issue for nearly 10 years wherein Caltrans has made it mandatory than CALSTAR be relocated to another area on the Airport for safety and practicality purposes. ® The cost for paving of the grass/dirt area is estimated at $100,000. ® The duration of the lease has not been negotiated. Staff anticipates the lease will be three to five years. ® Paul Likens stated Caltrans initially had expressed concern the helicopter pad was initially placed too close to the hillside and it was relocated further from .the hillside for safety purposes. ® Airport Manager Owen stated the problem with the current location of the helicopter operation is the conflict with fixed -wing aircraft in close proximity and interferes with the transient parking. ® Chair Deerwester noted the CALSTAR operation and corresponding relocation to Westside North is not an allowed use with regard to the Airport Land Use Plan and future development. ® Airport Manager Owen stated there are existing aviation -related activities/uses in the vicinity of the DHL building. • Chair Deerwester asked whether FedEx has been consulted about potential impacts relevant to the relocation. • Airport Manager Owen is of the opinion the impact to FedEX would be minimal. ® There was a discussion concerning the cost feasibility of paving the grass/dirt area. ® Commissioner Albright supports relocating CALSTAR to the DHL Hangar allowing the area to remain grass and provide for regular irrigation and mowing maintenance as an alternative measure to paving. In the event CALSTAR incurs the cost of paving at the temporary site and eventually at the end of five years is able to relocate to the desired permanent site that CALSTAR be given a `credit' for the cost of improvements necessary to operate at the temporary site, since amortizing the costs incurred over the five year period of the lease would not economically pencil out. ® Commissioner Crane expressed concern relevant to the temporary and whether this location complies with the Airport Land Use Plan and/or whether the site eis an acceptable area for roto -craft to work out of. ® Christian Giller stated CALSTAR is not opposed to relocation to the proposed temporary site and is of the opinion the site is a good interim solution. He expressed concern about Minutes of the Airport Commission Page 2 September 2, 2008 9'15 the high cost of improvements relative to paving to accommodate the roto -craft portion of the operation. ® It was noted the DHL hangar can be used for maintenance purposes in addition to housing of aircraft. ® There was discussion about the feasibility of sharing the paving cost between the Airport and CALSTAR. • Commissioner Crane stated the monthly rent would likely have to increase to offset the cost of paving in the event of a shared agreement. ® There was discussion concerning the cost benefit of allowing the grass to be irrigated and properly mowed to accommodate the roto -craft as an alternative to paving. ® There was also discussion concerning the issue of drainagelexcess runoff on the site in conjunction with paving and how grass would be a feasible option. • John Eisenzopf expressed concern about the proposed interim solution concept and stated from an aircraft traffic point of view relocating to the southeast corner of the Airport would be the better solution. It may be that 'five years down the road' the site south of the Corporation Yard may not be available for the CALSTAR operation. With this in mind, the interim location should be considered as the permanent site. The Airport and community will have to live with whatever decision is made. He is of the opinion the best option would be to find a location with the least amount of impact/conflict to other Airport users. He does not support the DHL site for the CALSTAR operation. ® Commissioner Crane supports further exploration of the vacant site south of the Corporation Yard as the permanent site for the CALSTAR operation. ® There was discussion concerning impacts/effects generated from the 'roto blast' of a helicopter in connection with other hangars/facilities near the DHL building and associated GA aircraft, ® Chair Deerwester commented the Commission in past discussions concerning the relocation of CALSTAR determined the Northwest portion of the Airport north of Feather Lite is not an appropriate location. The CALSTAR operation -is . also not an allowed/desirable use in this section of the Airport pursuant to the Airport Land Use Plan. ® Commissioner Albright cited problems with roto -craft from other helicopter operations in the vicinity of his hangar. ® Chair Deerwester commented the Commission has in Past discussions concerning potential development of the eastside of the Airport addressed potential developments that would be appropriate, which could include roto -aircraft operations. She further commented the City of Ukiah presently does not have the funds to make the necessary infrastructure improvements to the site adjacent to the City Corporation Yard to accommodate new developments. It would be beneficial to explore other monies/grant funding that may be available for development purposes/ ® Chair Deerwester stated the Commission/CALSTAR representatives discussed the possibility of relocating the helicopter portion of the CALSTAR operation further south and allowing CALSTAR to continue the administrative portion of the operation to continue in its present location. The Commission/CALSTAR determined this approach would not be a feasible option and it was noted the CALSTAR pilots were uncomfortable operating in close proximity to CalFire. The intent of the Commission/staff is to formulate a short-term 'fix' for now allowing tme to work on a long term plan. ® Paul Likens stated having roto -craft working in close proximity to each other is a safety hazard wherein sufficient space is of importance. Minutes of the Airport Commission Page 3 September 2, 2008 ® Commissioner Crane stated it is for this reason, it would not likely be a good idea to co - locate CALSTAR with CalFire. He supports the site south of the Corporation Yard as the most feasible site for CALSTAR. On a Motion by Commissioner Albright to accept staff's recommendation for CALSTAR to relocate to the DHL Hangar. The aforementioned motion was seconded by Commissioner Crane and amended to include a timeframe be established for relocation to the permanent site south of the Corporation Yard. Commissioner Albright amended the motion to include a three-year time period. Commissioner Crane withdrew his second to the motion. Motion failed for lack of a second. ® Christian Giller questioned whether there would be particular studies required for the site south of the Corporation Yard. ® Commissioner Crane stated it is not known which studies, if any, would be required. ® There was discussion whether an EIR for the project would be required relevant to providing for a ramp and taxiway and/or potential significant environmental impacts. ® Paul Likens supports the•proposed interim location at the DHL site as it would be able to accommodate 20 employees and fixed -wing and roto -craft aircraft. He was not supportive of locking CALSTAR into a three-year agreement requiring the facility to relocate south of the Corporation Yard when the lease expires. It may not be possible to relocate in three years, particularly if there is currently no infrastructure in place to support the operation such as a helicopter pad, utilities, appropriate access and other relevant operating facilities. ® Commissioner Albright reaffirmed that the grass/dirt area where DHL is located would be conducive for the helicopter operation provided it is irrigated and appropriately maintained so there would be no `blowing' problem and no debris generated. He supports the relocation to the DHL facility and incorporating a three-year timeframe for CALSTAR to move the site south of the City Corporation Yard. This would allow time to review the site and prepare for the necessary infrastructure. ® Chair Deerwester favors having additional information before a recommendation can be made by the Commission regarding the relocation of CALSTAR to allow time to consult with FedEx and the other tenants in the vicinity of DHL and review the Airport Land Use Plan since the use is not allowed in the designated development area. The subcommittee and CALSTAR representatives have not had the opportunity to address particular relocation issues for further discussion by the Commission. She does not support a relocation plan because all the issues have not been effectively addressed and favors the subcommittee formulated by the Commission conduct a meeting with CALSTAR representatives to work out cost/infrastructure issues such as ramp, taxiway/ access areas and/or other operation concerns for further by the Commission. i The Commission noted the North East section of the Airport would not be a viable location for CALSTAR because of the close proximity of the hotels in the AIR ® Deborah Pardee commented CALSTAR has experienced many incidents of vandalism over the years at the current location. The proposed new location would be a more secure Minutes of the Airport Commission Page 4 September 2, 2008 by the nature of the remote location. Having the DHL hangar to house aircraft is also a security precautionary measure. The Commission recommends the subcommittee meet with CALSTAR representatives relevant to relocation issues and for staff/Commission/CALSTAR to explore economic development funding options that may available, as well as determine whether environmental studies are necessary in order to make a sound decision for a `short term' fix. CALSTAR representatives were amenable to the above -referenced recommendation. B. Helicopter operation/park north of Feather Lite Hangar Airport Manager Owen proposes utilizing the pad north of Feather Lite for the purpose of parking seasonal/summertime helicopters for daytime use as opposed to having them spread out in many different areas on the Airport. (Vick Bishop stated there have been problems with transient helicopters interfering with his aviation -related operation at the Airport and commented pilots are essentially unaware that where they are landing may be a problem for other Airport users. Airport Assistant Ronk agrees there are problems with transient helicopters parking on the eastside of Airport in that the pilots often cross the runway to come to the Airport Administration Building. He understands the need to provide for facilities on that portion of the Airport. Chair Deerwester commented the matter of problems associated with helicopters parking in various unmarked areas on the Airport should be addressed by staff/Commission and in conjunction with the Airport Layout Plan. The Commission supports marking the pad to identify the purpose, such as with a "H." M/S Albright/Sloan to recommend staff relocate the transient helicopter operations north of Feather Lite Hangar with the appropriate field markings. Commissioner Steinmann does not support the recommendation. If CALSTAR cannot relocate to this area for safety reasons, the summer use of helicopters parked in the same area should also not be allowed. The above -referenced motion did not carry with the following roll call vote: AYES: Commissioners Albright and Sloan NOES: Commissioners Steinmann and Crane, Chair Deerwester Commissioner Crane supports further discussion on this matter and in conjunction with effective long term planning relative to the Airport Land Use Plan. There was brief discussion concerning the location and coordinating a schedule for the painting of the Compass Rose wherein the 99's Club has volunteered their efforts October 11, 2008. Commissioner Crane volunteered to pay for the cost of the paint. Minutes of the Airport Commission Page 5 September 2, 2008 Airport Manager Owen stated the painting of the Compass Rose could proceed even if it has not been surveyed by the City Public Works Department. Minutes of the Airport Commission September 2, 2008 Page 6 UKIAH REGIONAL AIRPORT COMMISSION October 7, 2008, MinutesExcerpt COMMISSIONERS PRESENT Dottie Deerwester, Chair Eric Crane Don Albright Carl Steinmann COMMISSIONERS ABSENT Jeffrey Sloan STAFF PRESENT Greg Owen, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary OTHERS PRESENT Frank Smoller Debbie Pardee Bob Devinny Rod Cauanaugh Jim Wattenburger John Eisenzopf Daryl Hudson Wendy Owen The Airport Commission meeting was called to order by Chair Deerwester at 6:31:42 PM, at the Ukiah Regional Airport, Old Flight Service Station, 1403 South State Street, Ukiah, California. Roll Call was taken with the results listed above. 5. DISCUSSION/ACTION 6:32:35 PM A. Tour of Airport No tour. 6:33:02 PM B. Subcommittee Findings on CALSTAR Move & C. Consideration of CALSTAR New Draft Lease Airport. Manager Owen reported the subcommittee findings indicate the proposed Westside North location at the former DHL site is suitable. While the Airport will make some landscaping improvements, CALSTAR will be responsible for all other improvements associated with the move. The Commission discussed the timeframe regarding the move and CALSTAR representative, Debbie Pardee indicated the intent is to proceed expeditiously after approval of the Use Permit by the Planning Commission. Even though the proposed use is aviation -related, approval of a Major Use Permit is necessary for compliance with the Airport Land Use Plan as a permitted versus an allowed use relevant to Page 13 of the Plan for the Westside North designated area. Airport Assistant Ronk commented there may be an issue with the FAA relevant to the project being located within the Building Restriction Line wherein a Variance may be required. Commissioner Crane stated the project may also require review by the Mendocino County Land Use Commission. The Commission reviewed the term of the proposed draft lease and recommended a five-year lease with a renewal option. Debbie Pardee stated CALSTAR requests a five-year lease because the relocation to the new site is very costly and being allowed to operate in this location for a minimum of five years would be economically beneficial. While Commissioner Crane desires CALSTAR continue to operate at the Airport, he is concerned with compliance with the Airport Land Use Plan in terms of planning and providing for the best and most effective use of the land. He is of the opinion the proposed new site is not the best location for the CALSTAR operation and is a 'temporary fix.' He recommends moving forward with relocation to a permanent site on the east side of the Airport since the purpose and intent of the Airport Land Use Plan is to make decisions having longevity for the best and highest use of the land. The Commission has in past discussions identified two locations on the east side of the Airport as potential permanent sites. However, it Minutes of the Airport Commission October 7, 2008 Page 1 r may take partnering with the City to provide the necessary infrastructure in order to relocate next to the Bulk Fuel Storage area. In addition to the matter of cost, other potential issues concerning CALSTAR operating at this location have been discussed. CALSTAR has noted the area south of CalFire would not be suitable, primarily for safety reasons. Allowing for a five-year lease would provide time to find/plan for a more suitable and permanent site that can effectively accommodate both a roto and fixed wind 'operation in terms of compatibility with other airport operations. Jim Wattenburger on behalf of himself and the County Board of Supervisors support the DHL site as a reasonable approach for the CALSTAR operation. CALSTAR provides a very vital service to the community. John Eisenzopf is concerned with finding a solution for transient helicopters operating in close proximity to fixed wing aircraft. Staff responded the matter is being considered. Commissioner Albright cited an error on page 6, Section 2.04, item B (Base Rent), subsection i,ii,iii of the draft lease. The language 'per square foot' was deleted in this section. 7:03 p.m. M/S Albright/Steinmann to recommend approval of the CALSTAR lease agreement as presented with modification to the term of the lease from a three-year to a five-year lease and corrections to the language on page 6 and for the lease to become effective as soon as is possible. There was discussion relevant to the issue of liability with CALSTAR operating at the former DHL site in close proximity to other fixed wing aircraft. Staff responded the draft lease addresses insurance requirements. The matter of the renewal option in the lease was also discussed. Motion carried. (NOES:. Commissioner Crane The Commission recommended review of the proposed new lease agreement format, particularly with regard to the appropriate procedure for the appeal process. Minutes of the Airport Commission October 7, 2008 Page 2 UKIAH REGIONAL AIRPORT COMMISSION November 4, 2008 Minutes Excerpt' COMMISSIONERS PRESENT Dottie Deerwester, Chair Eric Crane Don Albright Jeffrey Sloan Carl Steinmann COMMISSIONERS ABSENT None STAFF PRESENT Greg Owen, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary OTHERS PRESENT Floyd Smoller Terry Guerrero Steve Savonen Don Bua Mike Whetzel Dale Harrison Jim Derickson Daryl Hudson Eric Mercer Nick Bishop Bob Searer Dave Brown The Airport Commission meeting was called to order by Chair Deerwester at 6:30 p.m. at the Ukiah Regional Airport, Old Flight Service Station, 1403 South State Street, Ukiah, California. Roll Call was taken with the results listed above. 6. REPORTS A. CALSTAR Update 7:36:44 PM Airport Manager Owen reported the matter of the CALSTAR operation relocating to Hangar 9 pending approval of a Major Use Permit to comply with CalTrans aeronautics Division finding the current location is unsafe for CALSTAR's current operation and authorize City to Manager to approve CALSTAR's lease is before City Council tomorrow night. Minutes of the Airport Commission Page 1 November 4, 2008 UKIAH REGIONAL AIRPORT COMMISSION December 2, 2008 Minutes Excerpt COMMISSIONERS PRESENT Dottie Deerwester, Chair Eric Crane Don Albright Jeffrey Sloan Carl Steinmann COMMISSIONERS ABSENT None STAFF PRESENT Greg Owen, Airport Manager Ken Ronk, Airport Assistant Cathy Elawadly, Recording Secretary OTHERS PRESENT John Eisenzoff Floyd Smoller Daryl Hudson Bud Searer 8. REPORTS A. CALSTAR Update 8:22:55 PM Airport Manager Owen reported CALSTAR continues to work on the lease agreement wherein no timeframe for completion has been established. The future of the existing CALSTAR modular buildings can be discussed at a later date. Minutes of the Airport Commission Page 1 December 2, 2008 STATE OF CALIFO- FINIA-=-BUSINES-S, TRANSPORTA' AND HOUSING AGENCY ARNOLD SCHWAFiZENEGt,-,-_,aoveMr.- D EP D SjA ANSPORTATION IVI ON OF,4EFtONAl1TiCS KS, *40 Affachment # `112 * 0 N:STREET - ROOM 3360 P.O. 86* 60187.3 SACRAMENTO, CA 94273-0001 Ukiah Airport Flex yourpouier! (06) 654.4959 Mendocino County Be energy effixiept! FAX (91 fl 653-95 - 31 M(916) 661-68-2� 7 April 19, 2005 Pau) Richey Airport Manager Ukiah Regional Airport 1403 South State Street Uki4b, CA .95841 Dear Mr, Richey: The California Department of Transportation, Division of Aeronautics, conducted an FAA Airport Master Record (FAA Form 5010-1) update and State permit compliance inspection of the Ukiah Municipal Airport (FAA Site te No. 02.383-A) on April. 6, 2005, ..The updated information will be entered into ourrecordsin addition . to being forwarded to the FAA for inclusion in its pbblications,. Our inspection revealed the following items, which we would like to bring to your attention: Brush in the runway safety area off the end of Runway 33 need to be removed. See photo below. 11N 1: -a 't7s"Pro" 's '7w "' a"Oss Ai Mi Paul Richey April 19, 2005 Page 3 s-?-,- Calstar parking position area has nqparl:irig safety area. See photo below. Helicopter parking area should have 29.2 -foot radius with additional 14 foot clear safety area. Under no Circumstances should take off and.landings occur at this site. Aircraft are required to hover - taxi to and from an active runway before engaging and.terminating flight. The use of California Aid to Airports Program annual grant funds to.eorrect these items is considered to be an eligible expenditure. Please notify us 'by May '14., 2005, of your intended or completed actions concerning the items. If you have any questions or if we may be of any further assistance, please don't hesitate to contact us at (916) 6_54-522?, Sincerely, Original ,Signed 13y DANIEL R. GARGAS Aviation Safety Officer c: FAA, Burlingame, SFO -677 be: C.Wi11is — District 01 DRG.jef S://Z/5010/02 383-A-ZOOS.doc "C-( 110,011S iilyn'Oves moh"kY arrnmv C4rJ1i fOf71ia " Mr. Paul Richey April 19, 2005 Page 2. S'3 Trees are beginning to encroach into the 20:1 approach surface to 1Zum��ay 33 as defined by Federal Aviation Regulation Part 77 (FAR '7'7), See photo below. These trees need to topped or removed, be Trees penetrate the 34:1 FAR 77 Approach surface to Runway trees need to be topped orrem,oved. 15- See photo below, These "1'n17rnJ18 iMprnrrs mrihilhY arrusx Cal{fi)MiO" == Original Message-=�`- From: Patrick Miles [mailto:patrick miles a@dot.ca.gov] Sent: Wednesday,. April 01, 2009 5:57 PM To: Greg Owen Subject: Proposed Relocation of CALSTAR Helicopter Greg, The CALTRANS division of Aeronautics is finely in favor or relocating CALSTAR's Helicopter parking pad at the Ukiah Airport to the hangar apron shown on the attached photograph. I will include a similar statement in the airport inspection letter to be forwarded within the next few days_ (See attached file: CALSTAR Helo.doc) Patrick Miles: CA Division .of Aeronautics (916) 6545376 �1'l�7T?-r�('AiTFOR]J1A—BUS1NrS5 itcwvJYUxlvt�iv�v..• DEPARTMENT OF TRANSPO__<`ATION _ 'DIVISION OF AERONAUTICS — M.S.440 ` 1120 N STREET f `- P. O. BOX 942873 — Flexyourpower! SACRAMENTO, CA 94273-0001 Be energy efficient! PHONE (916) 654-4959 FAX (916) 653-9531 TTY 711 May 20,2009' Mr. Greg Owen, Manager Ukiah Municipal Airport 1403 South State Street Ukiah, CA 95482-6401 Dear Mr. Owen: The Caltrans, Aeronautics Division Chief (Gary Cathey) and I traveled to Ukiah Airport on April 29, 2009, to talk with City of Ukiah officials about an Emergency Medical Service (EMS) helicopter parking spot located adjacent to the airport terminal building. During our visit, we took a walking tour of the airport to observe, evaluate, and compare alternative parking spot locations. During our visit, we confirmed that the current helicopter parking spot does not conform to the safety area criteria contained in Paragraph 208 of Federal Aviation Administration Advisory Circular 150/5390-213, .Heliport Design. Additionally, the current parking spot, located in an active airport operations area, has an increased potential for vehicle or pedestrian incursions, as well as being disruptive to clientele; passengers and staff in the airport terminal building. Two options were discussed with city officials: A. Relocating the parking pad farther east of its current location. B. Relocating the parking pad to another ramp located north of the airport terminal building. While both alternatives would bring the airport into compliance with federal and State design standards for he parking; the consensus opinion was that Option B was preferred for the following reasons: It minimizes the noise and safety impacts to individuals using the airport terminal facility. ® It decreases the likelihood of vehicular or pedestrian incursions into the safety areas surrounding the helicopter. ® It accommodates usage of currently vacant airport hangar facilities, thereby generating additional revenue for the airport. Once the helicopter's designated parking spot and taxi route are marked appropriately, it provides the basis for designing a parking plan for the remainder of the ramp area. "Caltrans improves mobility across California" Mr. Greg Owen May 20, 2009 Page 2 We further recommend that the helicopter parking pad and surrounding area be swept or vacuumed on a recurring basis to minimize potential debris damage from rotor downwash. For questions or assistance, you may contact me at (916) 654-5376 or via e-mail at pairick.rniles@dot.ca.gov. Sincerely, awpMA-11 PATRICK J. MILES Aviation Safety Officer c: FAA, SFO 677 "Caltrans improves mobility across California" John Eisenzopf 3331 Zaina Lane Ukiah, CA 95482 April 29, 2009 Ms. Jane Chambers Ukiah City Manager 300 Seminary Drive Ukiah, CA 95482 Dear Ms. Chambers, Beginning last fall and continuing to date, the aigrport manager, Mr. Greg OWe n, and CALSTAR have been planning and preparing to move CALSTAR from its present location south of the old Fli ht Servi building to a new location further north on the airport. In his effort to move CAISTAR to this new location, Mr. Owen has misrepresented facts and misled public officials to advance this objective. Additionally, Station Additionally, this proposed move ignores the legitimate safe , despitge their objections. Mr. Owen's disregard for the safety of pilots and passengers that fly in and out of the Ukiah Municipal Airport risks a tragedy for which the Ci � concerns of local pilots and is being promoted City of Ukiah will surely be held responsible. (Please see the enclosure "Why the proposed CALSTAR location poses a hazard to fix -w Ing Municipal Airport' for an explanation of safety concerns.) ed g aircraft at Ukiah Specifically: 1) Mr. Owen stated to both the Airport Commission and the Planning Commission that Caltrans "approved the new site". Caltrans does not agree. On April 14, 2009 I spoke with Mr. Patrick Miles, Aviation Safety Officer, CA Division Caltrans, regarding his email of April 1, 2009 (enclosed) to Greg Owen and submitted b Mr. Planning Commission prior to the April 8, 2009 meeting. Mr. Miles if all �s�on of Aeronautics, communication Y Owen to the as an "abnrOVa)", He would only,�• - V r�fi�cr�ri to �hara"i'ri his to CALSTAR's current location, and it is ,his recommendation" the m his +ove. �'e proposed site is "preferable" I asked Mr. Miles about the proximity and hazards to fixed -wing aircraft in the abutting hangars to fixed -wing traffic on the adjoining taxiway and in the run-up area for runway 75. Mr. Mi L he time h ,.,�� _�_ _., g gars and hazards ---- there was no fixed -wing activity, on the adjoining taxiH,S. or abutting hles angar and therefore concluded "there would be no conflict' with parked or taxiing fixed_wir traffic based g ased on this Mr. Miles drew a conclusion about long-term safety based upon the extra than two hours. He then communicated "his recommendation" to the airport manager based this solitary visit, 1 believe this is irresponsible and will also potation of a single site visit of less be pursuing this matter further with Caltranpon s. On April 27, 20091 spoke with Mr. Gary Cathey, Division Chief, CA Division of Aeronautics, regarding Caltrans' authority and jurisdiction over the proposed move. A few interesting this conversation: Caltrans, g facts emerged from a) Caltrans has permitting authority over airports, not individual businesses on an airport. P authority over individual businesses lies with the specific airports governing City of Ukiah. p Permitting g mg authority; in this case, the 6--21-- b) Caltrans has jurisdiction over "movement areas", i.e. runways and taxiways, no ramps or parking areas. c) In the absence of a formal olan nrPsented to altrans, th rP is nothm to " prove', is advisory only. and Caltrans' role 2) At the Airport Commission meeting of October 7, 2008, Mr. Owen assured the commission the affected neighbors had no objections to CALSTAR's proposed new location. Mr. Owen stated that he "talked to the neighbors and they're OK with it". One of the proposed CALSTAR neighbors contradicts this statement in a letter dated December 3, 2008 addressed to Mr. Owen. (enclosed) Obviously the neighbor is not "OK" with the move. Mr. Jahnke's objections first came to my attention at the April 8, 2009 Planning Commission meeting for CALSTAR's use permit application where Mr. Jahnke spoke before the commission. Clearly Mr. Owen did not feel the letter was important enough to share with the Airport Commission or the Planning Commission. Mr. Owen's assurance of the neighbors' approval was crucial in winning the Airport Commission's support. Having attended the Airport Commission meetings, I think it's likely the commissioners would not have supported the CALSTAR move were they aware of Mr. Jahnke's objections. Of note: Mr. Jahnke told me after the meeting he is prepared to file an injunction if the proposed move receives a use permit. 3) At the April 8, 2009 meeting, Mr. Owen told the Planning Commission the "nearest affected aircraft are 180 feet away" from the proposed site. This is untrue and deliberately understates the impact to neighbors. Mr. Owen ignores the fact there is an abutting tenant (Mr. Gordon Jahnke) leasing a hangar Mfeej from the proposed site whose lease allows the use of the pavement in front of the hangar for aircraft parking and movement. Mr. Owen overstated by Sb figet _ the distance to aircraft tied down in front of T&M Aviation. The measured distance from the proposed CALSTAR site to the nearest tied -down aircraft at T&M is 130 feet, not 180 feet. The misstatement also ignores FAA Advisory Circular 90-23F (enclosed) regarding wake turbulence of hovering helicopters. The FAA advises taxiing fixed -wing aircraft maintain a distance greater than 3 times rotor diameter for safety. Three times rotor diameter for CALSTAR's MDX Explorer helicopter (enclosure) is 102 feet. The taxiway and Mr. Jahnke's hangar fall within this area. Given the close proximity to fixed -wing airplanes, it is unlikely CALSTAR could operate from the proposed location without violating Federal Aviation Regulation 91.13 (enclosed) "Careless or reckless operations." FAR 91.13 states in part: "...No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another." By issuing a use permit, the City of Ukiah could be held responsible for resulting aircraft damage or injuries. 4) Mr. Owen has never addressed safety issues that have been repeatedly raised by local pilots at Airport Commission meetings. Safety concerns were voiced at the commission meeting when this move was first Proposed (September 2, 2008 minutes enclosed) and each time the issue has been raised since.. As stated in Airport Commission and Planning Commission meetings, helicopter rotor -wash can damage control surfaces and control linkages of ftxed-wing aircraft with potentially disastrous consequences. There are examples of this damage occurring at the Ukiah Airport. In summary, I am furious that Mr. Owen would pursuer= project over the objections of local pilots and without considering the impact on safety. The airport manager holds a position of trust and responsibility and he should be an advocate for the best interests of the airport community and the City of Ukiah. Concern for pilot safety shouldl� waw, be paramount and never sacrificed for any other objective. Mr. Owen's conduct in this matter has cost him my trust and confidence. I await your written reply. Sincerely, John Eisenzopf 3331 Zaina Lai Ukiah, CA 954 Ukiah Municipal enclosures hangar #61 cc: Dottie Deerwester, Chair, Airport Commission Don Albright, Airport Commission Eric Crane, Airport Commission Jeffrey Sloan, Airport Commission Carl Steinmann, Airport Commission Judy Pruden, Chair, Planning Commission Linda Sanders, Planning Commission Linda Helland, Planning Commission Michael Whetzel, Planning Commission Anne Molgaard, Planning Commission Greg Owen, Manager, Ukaih Municipal Airport Gary Cathey, Division Chief, Division of Aeronautics, Caltrans Debbie Pardee, Region Director, CALSTAR Mr. Gordon Jahnke Why the proposed CALSTAR relocation poses a hazard to fixed -wing aircraft at Ukaih Municipal Airport. This is an explanation of the safety hazard posed to fixed -wing aircraft by the proposed relocation of CALSTAR from its present location to a new facility in the old DHL hangar at 1351 South State Street. First, it is important to understand both the present and proposed locations are for parking only and do not permit landing or taking off from the parking area. These are NOT helipads! There are no helipads at the Ukiah Airport, and by FAA regulation all aircraft -- including helicopters -- must take off and land from the runway. This means helicopters and fixed -wing aircraft must use the taxiways to move between the runway and parking. As stated at Ukiah Airport Commission and Ukiah Planning Commission meetings, rotor -wash from hover -taxiing helicopters can damage airplane control surfaces (rudder, elevator, and ailerons) and control linkages of fixed - wing aircraft. There are documented examples of this damage occurring at the Ukiah Airport. The potential damage can be internal and unseen, only to manifest in flight. This is analogous to losing steering control and being unable to slow down while driving a car. Such an occurrence in flight could lead to serious consequences for the aircraft and occupants. From the present location, though admittedly not ideal, CALSTAR helicopters at least have direct access to the runway with a minimum of conflict with taxiing fixed -wing aircraft. From the proposed new location, their helicopters will be required either to taxi south past numerous parked airplanes and enter the runway mid -field, or taxi north through the run-up area of runway 15. During busy summer months, it is not uncommon to have several airplanes waiting to depart from the run-up area. These planes are not tied down and risk being flipped over and seriously damaged by the helicopter rotor -wash. The CALSTAR operation requires rapid helicopter deployment. The pilot will frequently find the helicopter boxed -in at the proposed location by fixed -wing aircraft and unable to hover -taxi to the runway without creating a hazard to those aircraft. FAA Advisory Circular 90-23F (enclosed) recommends fixed -wing aircraft maintain a distance of 3 -times -rotor - diameter from hover -taxiing or stationary hovering helicopters. Three -times -rotor -diameter is 1. 02 feet from CALSTAR's MDX Explorer helicopter. Compliance with this FAA safety recommendation by fixed -wing aircraft will be difficult or impossible after the proposed CALSTAR move. Helicopter operations from the proposed new location could be in violation of FAR 91.13. FEDERAL AVIATION REGULATIONS PART 91—GENERAL OPERATING AND FLIGHT RULES § 91.13 Careless or reckless operation. (a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another. (b) Aircraft operations other than for the purpose of airnavigation. No person may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another. May 25, 2009 Mr. John Eisenzopf 3331 Zaina Lane Ukiah CA 95482 Dear Mr. Eisenzopf, M., City of Uhalt RECEIVED JU( 21 2009 Your letter outlining your concerns regarding the proposed relocation of CALSTAR at the Ukiah Airport has been received at my office. It is my understanding that the matter in question is currently part of a use permit process being conducted by the Ukiah Planning Commission. While I am aware that there are concerns being expressed about the safety of the proposed new location, I am also aware that there are safety concerns regarding the existing CALSTAR site. City staff, under the auspices of Community Development Director Charley Stump, is in the process of seeking the expertise of CalTrans Aeronautics to advise us with regard to these concerns, and we.expect some definitive information to be received from them to assist the planning commission as it further reviews this matter. Mr. Owen has kept me fully advised of the issues surrounding the proposed relocation, and I have confidence that he is acting in the community's best interest to resolve a matter that has been of long standing concern for both a valued local business, CALSTAR, as well as for the City Council and Airport Commission. Should you have any further questions and/or concerns, you may reach me at 707-463- 6213. Sincerely City Manager cc: City Council Greg Owen, Airport Manager Charley Stump, Director of Planning and Community Development 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukiah.com John Eisenzopf 3331 Zaina Lane Ukiah, CA 95482 May 1, 2009 Mr. Gary Cathey Chief, Division of Aeronautics Department of Transportation PO Box 942874 Sacramento, CA 94274-0001 Dear Mr. Cathey, Thank you for taking my call this week and helping me understand the relationship between Caltrans and the Ukiah Municipal Airport. Much of the enclosed material is not relevant to you, but as a courtesy I want you to know how Caltrans' contribution fits in the approval process. I would like to direct your attention to item #1 on the first page of the enclosed package. While I readily acknowledge statements or inferences made by Mr. Patrick Miles were distorted and exaggerated by our airport manager, I am still very concerned about the methodology and criteria employed by Mr. Miles in reaching "his recommendation". 1 am appalled that he would make such a recommendation based on a solitary site visit when pilots based at the Ukiah Municipal Airport familiar with the proposed move have come to the opposite conclusion. Such a careless endorsement can only despoil the value of any "approval" Caltrans ultimately issues. Further, I submit that Mr. Miles could do a better job of representing Caltrans to the public. The first question he posed to me after identifying myself was: "How is this any concern of yours?" It's tempting to conclude that someone who immediately adopts a defensive posture has something to hide. I hope this is not the case. I would like to receive a copy of all current Caltrans Aeronautics official procedures, processes and criteria used by Mr. Miles when evaluating the proposed site at Ukiah Municipal Airport for use as a rapid -deployment helicopter ambulance serviced look forward to your written reply. Sincerely, John Eise 3331 Zaina Ukiah, CA 9! STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZENEGGER Govemor DIVISION OF AERONAUTICS - M.S.940 1120 N STREET P. O. BOX 942873 SACRAMENTO, CA 94273-0001 PHONE (916) 654-4959 FAX (916) 653-9531 TTY 711 May 8, 2009 Mr. John Eisenzoph 3331 Zaina Lane Ukiah, CA 95482-6962 Dear Mr. Eisenzoph: ®7- -o Flex your power! Be energy efficient Thank you for sharing your concerns regarding the proposed relocation of a helicopter parking pad on the Ukiah Municipal Airport, as described in your letter dated May 1, 2009. The existing site fails to meet the dimensional standards for a helicopter parking pad, as defined in Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5390-213, Heliport Design. In addition, the current location is disruptive to passengers and staff in the passenger terminal, and is situated in a location that increases the potential of a vehicle or pedestrian incursion into an area designated for aircraft operations. Two relocation alternatives were discussed with airport management: 1. Relocating the pad in the general vicinity of its existing location. 2. Relocating the pad to another area of the airport to enhance operational safety and to facilitate other business needs of the airport and helicopter owners alike. As both site alternatives could meet the design standards for a helicopter parking pad, I do not consider an endorsement of either site to be "careless." I appreciate you providing me with subject matter related correspondence and excerpts of various Federal Aviation Regulations (FAR) and FAA ACs. Due to the proximity of the existing site to the terminal entrance, airfield access gate, and fuel truck parking area, we believe an alternative location would decrease the possibility of endangerment to life or property of another. Although I was not privy to overhearing your conversation with Mr. Pat Miles, Aviation Safety Officer for Mendocino County, I did speak with him about your letter. Typically, our concerns related to permit compliance, airport and heliport design standards, and aircraft operational safety in general, are addressed to and resolved with airport management. Although we occasionally receive calls from other constituents, all staff have been reminded to be receptive to input provided by others. In accordance with your request, I have enclosed applicable portions of the Public Utilities Code and California Code of Regulations related to aeronautics in the State of California. Additional guidance we frequently rely upon can be found in FAA AC 150/5390-213, Heliport Design; FAA AC 150/5300-13, Airport Design; and FAR Part 77, Obstructions to Navigable Airspace. There are other FAA ACs that we refer to occasionally also, but they are too numerous to list. You may view electronic copies of all the aforementioned FAA ACs on the following FAA website: "Caltrans improves mobility across California " Mr. John Eisenzoph May 8, 2009 Page 2 http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/MainFrame?Opel Fram eSet. We hope you will find this information to be educational. Please contact me if you have additional concerns or questions. Since ely, GARY C THEY, C ief Division of Aeronautics Enclosures: PUC & CCRs c: Ukiah Airport Manager FAA ADO, SFO "Caltrans intproues mobility across California." Davis%MN Mark c c, Inc. 520 S. State Street Ukiah, Ca. 95482 (707) 462-9725 Phone (707) 462-8932 Fax Email: davisins(c4sbcalobal.net License# OF56594 To: City of Ukiah Planning Commission 7-16-09 From: Mark Davis Re: CALSTAR I would urge the City to make the relocation process as painless as possible for CALSTA-R. We cannot afford to lose this valuable service to our community so please make their move simple, fast and for minimal expense to them. I understand that some of the airport tenants have a few petty issues with this move. Please weigh the overall good to the community when you approve this. Regards, Ma Davis .......... No Runway Access East Side North - - -------- Ij Sub Area 3 51, 0, fp rvn� East Side North Sub Area 3 No Street Access No Infrastructure NOR - Ir �X N uti W;X• Wool"— W, kA RIM, -77 East Side North Sub Area 3 _ a,tu +,�,—Z 1i SITE PLAN EXISTING CCB 1407 S. STATE STREET, UKIAH Existing Site —Facing West eH • y�y , ir 101, . M L "WAWA*_ ` - • r � Pw�`-rAy►�,• � ',.a. sib "�i v,:- .� � _ {,. _ ' .f _ v 7'l.' f Y M' ' �Y�► rr �r. a ' isat >•{'!17 1J t �-_�� " t �+10';.F�y T *,, .. •��' :.•'� Y, '�•,S'1' �'` �fl �t'y: AM!•�1 _hf 1o"J,�'. r'� � � .a� • ',a9M�`�' (s'` � ` � •�;..'�, i�" � �,,� •r} �+�i -: r �� ! � „t , �'Sr��rk,. •ra y�1;�_y��,�. - `;r _. ,,.��• S � � �� ' .� •• .. �4tri `1 �r•�At AR - 1 « • X>,lEr�^�, f '� �t • r • . � ' t " �a" .J� t� �`,y�T _` .'•� J"� .r'• " � '•, f ,-[ +• � �' �Cr, lF �, "� w Yw �� ; 'r"a7I :;!w'� �h � i ��i �r � '� �� i'. C" i w��`'lr��....+� « �''!�i - r . 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THE END OF THE CYCLONE 24' X 60' MODULAR PROPOSED o I I i FENCE IS THE 425' MARK, THE CREW QUARTER MODULAR IS 35' OUTSIDE OF THE RESTRICTED AREA PROPOSED ( I � . ---------.--------------TAXI WAY --------------------- s Ca I EXISTING I i 41$-Ow 25'-0" 94'-0" INV EXISTING HANGAR I I MODULAR 14/ w l w �I r ,V 14V \V CE Gl;b S AREA *GRASS AFf A 15-50 �Y 0 i ih r7 0 14/ 4 -V END OF EXISTING CYCLONE CE I HELICOPTER 1 PARKING AREA I I 409-C NEW ' a I 24' X 60' MODULAR PROPOSED o I I i CREW QUARTERS PROPOSED ( I � . � s Ca I EXISTING I i EXISTING HANGAR I I MODULAR l tw 2x60 i 1 i i CE 0 s i i- 15-50 0 i ih r7 h 'f� 4 NO PARKING ALLOWED IN THIS AREA PER LEASE AGREEMENT 66-0' '-V 20'`0" 3'-Q' 60'-©" D CDC:j li () 0 Lzrl � EwsTING EXISTING UST1NG CITY PARKING STORK SEWER 5 -0r 10'-0" DRAIN LOT DRAIN CLEAN OUT SCALE SITE PLAN PROPOSED z� CAL STAR LOCATION - 1351 S. STATE STREET, UKIAH PROPOSED PROPOSED CAL STAR GAL STAR EXISTING EXISTING HANGAR MODULAR OFFICE D CDC:j li () 0 Lzrl � EwsTING EXISTING UST1NG CITY PARKING STORK SEWER 5 -0r 10'-0" DRAIN LOT DRAIN CLEAN OUT SCALE SITE PLAN PROPOSED z� CAL STAR LOCATION - 1351 S. STATE STREET, UKIAH Proposed Site - Facing West Modular Placement on Proposed Site ! ! - Is. - ► 1 ■ •. 1 ! t� 1 a t,*1I 1 L=Mft1! r . R f.a a a -} iik 'JS 7 �� ~ '� '-`. � r t?. � AM'r -' -,r ,�-< w .- ,., -.. .�. �+"%. �„4 �• ,r�� Ca.t :'`'+ Awa R .. + , _ y �R "`'► x��s9��t+ � ' a ��'`c`� f �R � ' i�r ,�h�-a- �' + rPp�:: `,v ��5" r .� T , ,..i � � ti � � t � - � �.� (� `"° v i '� :•' ..rR��R` 'A. -ti rM 1!, fa rf. ,4 : > !3vw ,'? I,. q'�,4k~ 'Z' a* .x Cr_^_;��°-wrtW4a S x $. a �t sa��,," 3 q i �, f,9t f3 -•,. T"��'- ,t 77f� r �c�°'A,tn � .+F .e -�_ 13 ^ �e7'�e''.s - :r^'�4L� � n'�'' .� •� .'-'TR"'°7�j.yin��:; '.��'a+,y` A - ,r, �' ��"� ,� y �'•y tir � Q �a�i :-+"'� ,�� , � �.� k shy,,, s• � •�,�.t � Rs�" 01. I Is •' a eta, - _ ......... 1 qp � 4 • �jronoseci site — t -acing souitnwe P 61, t itrlui � s t-. r Nb Proposed Site -Facing East Proposed Site - Facing East ITEM NO.: 11a MEETING DATE: October 21, 2009 City of ruk,:fzh AGENDA SUMMARY REPORT SUBJECT: A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 'IA RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. Background: Proposition 1A Suspension: Proposition 1A was passed by California voters in 2004 to ensure local property tax and sales tax revenues remain with local government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concurs. The emergency suspension of Proposition 1A was passed by the Legislature and signed by the Governor as ABX4 14 and ABX4 15 as part of the 2009-10 budget package on July 28, 2009. Under the provision, the State will borrow 8% of the amount of property tax revenue apportioned to cities, counties and special districts. The state will be required to repay those obligations plus interest by June 30, 2013. The legislature is currently reviewing a clean-up bill, SB67 which would provide for a few critical changes to the enacted legislation, including but not limited to providing for: financing to occur in November; county auditor certification of amount of Prop 1A receivable; tax-exempt structure; California Communities as the only issuer; more flexibility on bond structure (interest payments, state payment date and redemption features); sales among local agencies; and revision to the hardship mechanism. While SB67 has not yet been passed and signed into law, California Communities expects that to occur prior to funding the Program. If for any reason SB67 is not enacted and the bonds cannot be sold by December 31, 2009, all approved documents placed in escrow with Transaction counsel will be of no force and effect and will be destroyed. Continued on Paae 2 Recommended Action(s): Adopt the Resolution approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the seller's Proposition 1A receivable from the State; and directing and authorizing certain other actions in connection therewith. Alternative Council Option(s): Reject the proposed Proposition 1A Sale Resolution and Purchase Sale Agreement. Citizens advised: N/A Requested by: Gordon Elton, Finance Director Prepared by: Jan Newell, Finance Controller Coordinated with: Jane Chambers, City Manager Attachments: 1. Resolution Approving the Proposition 1A Financing Receivable Financing Program 2. City of Ukiah and California Statewide Communities Development Authority Purchase and Sale Agreement Approved: �16 Chambers,City- Manager Subject: Proposition 1A Securitization Program Meeting Date: October 21, 2009 Page 2 of 4 Discussion: Proposition 1A Securitization Program: Authorized under ABX4 14 and ABX4 15, the Proposition 1A Securitization Program was instituted by California Communities to enable Local Agencies to sell their respective Proposition 1A Receivables to California Communities. Currently, SB67 is being considered to clarify specific aspects of ABX4 14 and ABX4 15. Under the Securitization Program, California Communities will simultaneously purchase the Proposition 1A Receivables, issue bonds ("Prop 1A Bonds") and provide each local agency with the cash proceeds in two equal installments, on January 15, 2010 and May 3, 2010 (to coincide with the dates that the State will be shifting property tax from local agencies). The purchase price paid to the local agencies will equal 100% of the amount of the property tax reduction. All transaction costs of issuance and interest will be paid by the State of California. Participating local agencies will have no obligation on the bonds and no credit exposure to the State. If the City sells its Proposition 1A Receivable under the Proposition 1A Securitization Program, California Communities will pledge the City's Proposition 1A Receivable to secure the repayment of a corresponding amount of the Prop 1A Bonds. The City's sale of its Proposition 1A Receivable will be irrevocable. Bondholders will have no recourse to the City if the State does not make the Proposition 1A Repayment. Proposition 1A Program Sponsor: California Statewide Communities Development Authority ("California Communities") is a joint powers authority sponsored by the California State Association of Counties and the League of California Cities. The member agencies of California Communities include approximately 230 cities and 54 counties throughout California. Benefits of Participation in the Proposition 1A Securitization Program: The benefits to the City of participation in the Proposition 1A Securitization Program include: ® Immediate cash relief — the sale of the City's Proposition 1A Receivable will provide the City with 100% of its Proposition 1A Receivable in two equal installments, on January 15, 2010 and May 3, 2010. ® Mitigates impact of 8% property tax withholding in January and May — Per ABX4 14 and ABX4 15 and the proposed clean-up legislation S1367, the State will withhold 8% of property tax receivables due to Cities, Counties, and Special Districts under Proposition 1A. The financing outlines bond proceeds to be distributed to coincide with the dates that the State will be shifting property tax from local agencies. ® All costs of financing borne by the State of California. The City will not have to pay any interest cost or costs of issuance in connection with it participation. ® No obligation on Bonds. The City has no obligation with respect to the payment of the bonds, nor any reporting, disclosure or other compliance obligations associated with the bonds. Proceeds of the Sale of the City's Proposition 1A Receivable: Upon delivery of the Proposition 1A Bonds, California Communities will make available to the City its fixed purchase price, which will equal 100% of the local agency's Proposition 1A Receivable. These funds may be used for any lawful purpose of the City and are not restricted by the program. Proposed Proposition 1A Receivables Sale Resolution: The proposed Proposition 1A Receivables Sale Resolution: Subject: Proposition 1A Securitization Program Meeting Date: October 21, 2009 Page 3 of 4 (1) Authorizes the sale of the City's Proposition 1A Receivable to California Communities for 100% of its receivable; (2) Approves the form, and directs the execution and delivery, of the Purchase and Sale Agreement with California Communities and related documents; (3) Authorizes and directs any Authorized Officer to send, or to cause to be sent, an irrevocable written instruction required by statute to the State Controller notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement of the Proposition 1A Receivable to the Proposition 1A Bond Trustee; (4) Appoints certain City officers and officials as Authorized Officers for purposes of signing documents; and (5) Authorizes miscellaneous related actions and makes certain ratifications, findings and determinations required by law. Proposed Purchase and Sale Agreement The proposed Purchase and Sale Agreement: (1) Provides for the sale of the Proposition 1A Receivable to California Communities; (2) Contains representations and warranties of the City to assure California Communities that the Proposition 1A Receivable has not been previously sold, is not encumbered, that no litigation or other actions is pending or threatened to disrupt the transaction and this is an arm's length "true sale" of the Proposition 1A Receivable. (3) Provides mechanics for payment of the Purchase Price (4) Contains other miscellaneous provisions. Proposed Purchase and Sale Agreement Exhibits: The proposed Proposition 1A Purchase and Sale Agreement Exhibits: (131) Opinion of Counsel: This is an opinion of the counsel to the local agency covering basic approval of the documents, litigation, and enforceability of the document against the Seller. It will be dated as of the Pricing date of the bonds (currently expected to be November 10, 2009). (132) Bringdown Opinion: This simply "brings down" the opinions to the closing date (currently expected to be November 19, 2009). (Cl) Certificate of the Clerk of the Local Agency: A certificate of the Clerk confirming that the resolution was duly adopted and is in full force and effect. (C2) Seller Certificate: A certification of the Seller dated as of the Pricing Date confirming that the representations and warranties of the Seller are true as of the Pricing Date, confirming authority to sign, confirming due approval of the resolution and providing payment instructions. Subject: Proposition 1A Securitization Program Meeting Date: October 21, 2009 Page 4 of 4 (C3) Bill of Sale and Bringdown Certificate: Certificate that brings the certifications of C2 down to the Closing Date and confirms the sale of the Proposition 1A Receivable as of the Closing Date. (D) Irrevocable Instructions to the Controller: Required in order to let the State Controller know that the Proposition 1A Receivable has been sold and directing the State to make payment of the receivable to the Trustee on behalf of the Purchaser. (E) Escrow Instruction Letter: Instructs Transaction Counsel (Orrick) to hold all documents in escrow until closing, and if closing does not occur by December 31, 2009 for any reason, to destroy all documents. Fiscal Impact: Budgeted FY 09/10 New Appropriation Amount Budgeted Source of Funds (title and #) Not Applicable F-1 Budget Amendment Required Account Number Addit. Appropriation Requested A RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE FROM -THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH WHEREAS, pursuant to Section 25.5 of Article XIII of the California Constitution and Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended (the "Act"), certain local agencies within the State of California (the "State") are entitled to receive certain payments to be made by the State on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year (the "Reimbursement Payments"), which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code; WHEREAS, the City of Ukiah, a local agency within the meaning of Section 6585(f) of the California Government Code (the "Seller"), is entitled to and has determined to sell all right, title and interest of the Seller in and to its "Proposition IA receivable", as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fiend public capital improvements or working capital; WHEREAS, the Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require; WHEREAS, the California Statewide Communities Development Authority, a joint exercise of powers authority organized and existing under the laws of the State (the "Purchaser"), has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition IA Receivable; WHEREAS, the Purchaser desires to purchase the Proposition lA Receivable and the Seller desires to sell the Proposition IA Receivable pursuant to a purchase and sale agreement by and between the Seller and the Purchaser in the form presented to this City Council (the "Sale Agreement") for the purposes set forth herein; WHEREAS, in order to finance the purchase price of the Proposition IA Receivable from the Seller and the purchase price of other Proposition IA Receivables from other local agencies, the Purchaser will issue its bonds (the "Bonds") pursuant to Section 6590 of the California Government Code and an Indenture (the "Indenture"), by and between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), which Bonds will be payable solely from the proceeds of the Seller's Proposition IA Receivable and other Proposition IA Receivables sold to the Purchaser by local agencies in connection with the issuance of the Bonds; WHEREAS, the Seller acknowledges that (i) any transfer of its Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement shall be treated as an absolute sale and transfer of the property so transferred and not as a pledge or grant of a security interest by City of Ukiah to secure a borrowing, (ii) any such sale of its Proposition IA Receivable to the Purchaser shall automatically be perfected without the need for physical delivery, recordation, filing or further act, (iii) the provisions of Division 9 (commencing with Section 9101) of the California Commercial Code and Sections 954.5 to 955.1 of the California Civil Code, inclusive, shall not apply to the sale of its Proposition IA Receivable, and (iv) after such transfer, the Seller shall have no right, title, or interest in or to the Proposition IA Receivable sold to the Purchaser and the Proposition IA Receivable will thereafter be owned, received, held and disbursed only by the Purchaser or a trustee or agent appointed by the Purchaser; WHEREAS, the Seller acknowledges that the Purchaser will grant a security interest in the Proposition IA Receivable to the Trustee and any credit enhancer to secure payment of the Bonds; WHEREAS, a portion of the proceeds of the Bonds will be used by the Purchaser to, among other things, pay the purchase price of the Proposition IA Receivable; WHEREAS, the Seller will use the proceeds received from the sale of the Proposition I Receivable for any lawful purpose as permitted under the applicable laws of the State; NOW THEREFORE, the City Council of the City of Ukiah hereby resolves as follows: Section 1. All of the recitals set forth above are true and correct, and this City Council hereby so finds and determines. Section 2. The Seller hereby authorizes the sale of the Proposition lA Receivable to the Purchaser for a price equal to the amount certified as the Initial Amount (as defined in the Sale Agreement) by the County auditor pursuant to the Act. The form of Sale Agreement presented to the City Council is hereby approved. An Authorized Officer (as set forth in Appendix A of this Resolution, attached hereto and by this reference incorporated herein) is hereby authorized and directed" to execute and deliver the Sale Agreement on behalf of the Seller, which shall be in the form presented at this meeting. Section 3. Any Authorized Officer is hereby authorized and directed to send, or to cause to be sent, an irrevocable written instruction to the State Controller (the "Irrevocable Written Instruction") notifying the State of the sale of the Proposition 1A Receivable and instructing the disbursement pursuant to Section 6588.6(c) of California Government Code of the Proposition IA Receivable to the Trustee, on behalf of the Purchaser, which Irrevocable Written Instruction shall be in the form presented at this meeting. Section 4. The Authorized Officers and such other Seller officers, as appropriate, are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents, including but not limited to, if required, appropriate escrow instructions relating to the delivery into escrow of executed documents prior to the closing of the Bonds, and such other documents mentioned in the Sale Agreement or the Indenture, which any of them may deem necessary or desirable in order to implement the Sale Agreement and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution; and all such actions heretofore taken by such officers are hereby ratified, confirmed and approved. Section 5. All consents, approvals, notices, orders, requests and other actions permitted or required by any of the documents authorized by this Resolution, whether before or after the sale of the Proposition IA Receivable or the issuance of the Bonds, including without limitation any of the foregoing that may be necessary or desirable in connection with any default under or amendment of such documents, may be given or taken by an Authorized Officer without further authorization by this City Council, and each Authorized Officer is hereby authorized and directed to give any such consent, approval, notice, order or request, to execute any necessary or appropriate documents or amendments, and to take any such action that such Authorized Officer may deem necessary or desirable to further the purposes of this Resolution. Section 6. The City Council acknowledges that, upon execution and delivery of the Sale Agreement, the Seller is contractually obligated to sell the Proposition IA Receivable to the Purchaser pursuant to the Sale Agreement and the Seller shall not have any option to revoke its approval of the Sale Agreement or to determine not to perform its obligations thereunder. Section 7. This Resolution shall take effect from and after its adoption and approval. PASSED AND ADOPTED by the City Council of the City of Ukiah, State of California, this day of , 2009, by the following vote: AYES: NOES: ABSENT: Attest: City Clerk Approved as to form : SELLER'S COUNSEL Dated: 11 Mayor 01 N N 191 P CITY OF UKIAH Authorized Officers: Philip E. Baldwin, Mayor Jane Chambers, City Manager Sage Sangiacomo, Assistant City Manager any designee of any of them, as appointed in a written certificate of such Authorized Officer delivered to the Trustee. CITY OF UKIAH, CALIFORNIA, as Seller and CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser PURCHASE AND SALE AGREEMENT Dated as of November 1, 2009 E-1 Page 1. DEFINITIONS AND INTERPRETATION ...................................................................... 2 2. AGREEMENT TO SELL AND PURCHASE; CONDITIONS PRECEDENT ................ 2 3. PURCHASE PRICE, CONVEYANCE OF PROPOSITION IA RECEIVABLE AND PAYMENT OF PURCHASE PRICE ...................................................................... 3 4. REPRESENTATIONS AND WARRANTIES OF THE PURCHASER .......................... 4 5. REPRESENTATIONS AND WARRANTIES OF THE SELLER ................................... 5 6. COVENANTS OF THE SELLER ...................................................................................... 7 7. THE PURCHASER'S ACKNOWLEDGMENT ............................................................... 9 8. NOTICES OF BREACH ................................................................................................... 9 9. LIABILITY OF SELLER; INDEMNIFICATION ............................................................ 9 10. LIMITATION ON LIABILITY ...................................................................................... 10 11. THE SELLER'S ACKNOWLEDGMENT ...................................................................... 10 12. NOTICES ......................................................................................................................... 10 13. AMENDMENTS ............................................................................................................. 10 14. SUCCESSORS AND ASSIGNS ..................................................................................... 10 15. THIRD PARTY RIGHTS ................................................................................................ 11 16. PARTIAL INVALIDITY ................................................................................................ 11 17. COUNTERPARTS ................................................................. .......................................... 11 18. ENTIRE AGREEMENT .................................................................................................. 11 19. GOVERNING LAW ........................................................................................................ 12 EXHIBIT A — DEFINITIONS ................................................................................................... A-1 EXHIBIT B1 — OPINION OF SELLER'S COUNSEL ........................................................... Bl -1 EXHIBIT B2 — BRINGDOWN OPINION OF SELLER'S COUNSEL ................................. 132-1 EXHIBIT Cl — CLERK'S CERTIFICATE ............................................................................. Cl -I EXHIBIT C2 — SELLER CERTIFICATE ............................................................................... C2-1 EXHIBIT C3 — BILL OF SALE AND BRINGDOWN CERTIFICATE ................................ C3-1 EXHIBIT D — IRREVOCABLE INSTRUCTIONS TO CONTROLLER ................................ D-1 EXHIBIT E — ESCROW INSTRUCTION LETTER ................................................................ E-1 n THIS PURCHASE AND SALE AGREEMENT, dated as of November 1, 2009 (this "Agreement"), is entered into by and between: (1) CITY OF UKIAH, a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code (the "Seller"); and (2) CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, a joint exercise of powers authority organized and existing under the laws of the State of California (the "Purchaser"). RECITALS A. Pursuant to Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, local agencies within the meaning of Section 6585(f) of the California Government Code are entitled to receive certain payments to be made by the State of California (the "State") on or before June 30, 2013, as reimbursement for reductions in the percentage of the total amount of ad valorem property tax revenues allocated to such local agencies during the State's 2009-10 fiscal year, which reductions have been authorized pursuant to Sections 100.05 and 100.06 of the California Revenue and Taxation Code. B. The Seller is the owner of the Proposition IA Receivable (as defined below) and is entitled to and has determined to sell all right, title and interest in and to the Proposition IA receivable, namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code, in order to obtain money to fund any lawful purpose as permitted under the applicable laws of the State. C. The Seller is authorized to sell or otherwise dispose of its property as the interests of its residents require. D. The Purchaser, a joint exercise of powers authority organized and existing under the laws of the State, has been authorized pursuant to Section 6588(x) of the California Government Code to purchase the Proposition IA Receivable. E. The Seller is willing to sell, and the Purchaser is willing to purchase, the Proposition IA Receivable upon the terms specified in this Agreement. F. Pursuant to its Proposition IA Receivable Financing Program (the "Program"), the Purchaser will issue its bonds (the "Bonds") pursuant to an Indenture (the "Indenture"), between the Purchaser and Wells Fargo Bank, National Association, as trustee (the "Trustee"), and will use a portion of the proceeds thereof to purchase the Proposition IA Receivable from the Seller. G. The Purchaser will grant a security interest in such Proposition IA Receivable to the Trustee and each Credit Enhancer to secure the Bonds. NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants herein contained, the parties hereto hereby agree as follows: 1. Definitions and Interpretation. (a) For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms _not otherwise defined herein shall have the meanings ascribed to such terms in Exhibit A attached hereto and which is incorporated by reference herein. (b) The words "hereof," "herein," "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; section and exhibits references contained in this Agreement are references to sections and exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation." (c) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time may be amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments and exhibits thereto and instruments incorporated therein; and any references to a Person are also to its permitted successors and assigns. 2. Agreement to Sell and Purchase; Conditions Precedent. (a) The Seller agrees to sell, and the Purchaser agrees to purchase, on the Closing Date, for an amount equal to the Purchase Price, all right, title and interest of the Seller in and to the "Proposition IA receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. The Purchase Price shall be paid by the Purchaser to the Seller in two equal cash installment payments, without interest (each, an "Installment Payment" and, collectively, the "Installment Payments"), on January 15, 2010, and May 3, 2010 (each a "Payment Date" and, collectively, the "Payment Dates"). The Purchaser shall pay the Purchase Price by wire transfer pursuant to wire instructions provided by the Seller to the Trustee by e-mail to john.deleray@wellsfargo.com or by facsimile to 213-614-3355, Attention: John Deleray. If wire instructions are not provided to the Trustee (or if such wire instructions are invalid) payment will be made by check mailed to the Seller's Principal Place of Business. (b) The performance by the Purchaser of its obligations hereunder shall be conditioned upon: (i) Transaction Counsel receiving on or before the date the Bonds are sold (the "Pricing Date"), to be held in escrow until the Closing Date and then delivered to the Purchaser on the Closing Date, the following documents 4 duly executed by the Seller or its counsel, as applicable: (1) an opinion of counsel to the Seller dated the Pricing Date in substantially the form attached hereto as Exhibit B1, (2) certificates dated the Pricing Date in substantially the forms attached hereto as Exhibit CI and Exhibit C2, (3) irrevocable instructions to the Controller dated as of the Closing Date in substantially the form attached hereto as Exhibit D, (4) this Agreement, (5) a certified copy of the resolution of the Seller's City Council approving this Agreement, the transactions contemplated hereby and the documents attached hereto as exhibits, and (6) an escrow instruction letter in substantially the form attached hereto as Exhibit E; (ii) Transaction Counsel receiving on or before the Pricing Date, (1) a bringdown opinion of counsel to the Seller dated as of the Closing Date in substantially the form attached hereto as Exhibit B2, and (2) a bill of sale and bringdown certificate of the Seller (the `Bill of Sale") in substantially the form attached hereto as Exhibit C3; provided that the Purchaser may waive, in its sole discretion, the requirements of Section 2(b)(ii)(1); (iii) the Purchaser issuing Bonds in an amount which will be sufficient to pay the Purchase Price; and (iv) the receipt by the Purchaser of a certification of the County Auditor confirming the Initial Amount of the Proposition IA Receivable pursuant to the Act. (c) The performance by the Seller of its obligations hereunder shall be conditioned solely upon the Purchaser's issuance of the Bonds its execution and delivery of this Agreement, pursuant to which it is legally obligated to pay the Installment Payments to the Seller on the Payment Dates as set forth in this Agreement, and no other act or omission on the part of the Purchaser or any other party shall excuse the Seller from performing its obligations hereunder. Seller specifically disclaims any right to rescind this Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make Installment Payments in the requisite amounts on the Payment Dates. 3. Purchase Price, Conveyance of Proposition IA- Receivable and Payment of Purchase Price. (a) Upon pricing of the Bonds by the Purchaser, the Purchaser will inform the Seller that it will pay the Purchase Price in Installment Payments on the Payment Dates. (b) In consideration of the Purchaser's agreement to pay and deliver to the Seller the Installment Payments on the Payment Dates, the Seller agrees to (i) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided herein, and the Purchaser agrees to purchase, accept and receive, the Proposition IA Receivable, and (ii) assign to the Purchaser, to the extent permitted by law, all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. This is the statement referred to in Sections 6588.6(b) and (c) of the California Government Code. 4. Representations and Warranties of the Purchaser. The Purchaser represents and warrants to the Seller, as of the date hereof, as follows: (a) The Purchaser is duly organized, validly existing and in good standing under the laws of the State of California. (b) The Purchaser has full power and authority to enter into this Agreement and to perform its obligations hereunder and has duly authorized such purchase and assignment of the Proposition I Receivable by the Purchaser by all necessary action. (c) Neither the execution and delivery by the Purchaser of this Agreement, nor the performance by the Purchaser of its obligations hereunder, shall conflict with or result in a breach or default under any of its organizational documents, any law, rule, regulation, judgment, order or decree to which it is subject or any agreement or instrument to which it is a party. (d) To the best of the knowledge of the Purchaser, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Purchaser affecting the existence of the Purchaser or the titles of its commissioners or officers, or seeking to restrain or to enjoin the purchase of the Proposition IA Receivable or to direct the application of the proceeds of the purchase thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Purchaser contemplated by any of said documents, or in any way contesting the powers of the Purchaser or its authority with respect to the Transaction Documents to which it is a party or any other applicable agreement, or any action on the part of the Purchaser contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Purchaser from purchasing the Proposition IA Receivable or which if determined adversely to the Purchaser would have an adverse effect upon the Purchaser's ability to purchase the Proposition IA Receivable, nor to the knowledge of the Purchaser is there any basis therefor. (e) This Agreement, and its execution, delivery and performance hereof have been duly authorized by it, and this Agreement has been duly executed and delivered by it and constitutes its valid and binding obligation enforceable against it in accordance with the terms hereof, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (f) The Purchaser is a separate legal entity, acting solely through its authorized representatives, from the Seller, maintaining separate records, books of account, assets, bank accounts and funds, which are not and have not been commingled with those of the Seller. 11 (g) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the purchase by the Purchaser of the Proposition IA Receivable or the performance by the Purchaser of its obligations under the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and -effect. (h) Insofar as it would materially adversely affect the Purchaser's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Purchaser is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Purchaser, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the execution and delivery by the Purchaser of the Transaction Documents to which it is a party, and compliance by the Purchaser with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Purchaser a breach of or default under any agreement or other instrument to which the Purchaser is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Purchaser is subject. 5. Representations and Warranties of the Seller. The Seller hereby represents and warrants to the Purchaser, as of the date hereof, as follows: (a) The Seller is a local agency within the meaning of Section 6585(f) of the California Government Code, with full power and authority to execute and deliver this Agreement and to carry out its terms. (b) The Seller has full power, authority and legal right to sell and assign the Proposition IA Receivable to the Purchaser and has duly authorized such sale and assignment to the Purchaser by all necessary action; and the execution, delivery and performance by the Seller of this Agreement has been duly authorized by the Seller by all necessary action. (c) This Agreement has been, and as of the Closing Date the Bill of Sale will have been, duly executed and delivered by the Seller and, assuming the due authorization, execution and delivery of this Agreement by the Purchaser, each of this Agreement and the Bill of Sale constitutes a legal, valid and binding obligation of the Seller enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws relating to or affecting creditors' rights generally or the application of equitable principles in any proceeding, whether at law or in equity. (d) All approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would adversely affect, the sale by the Seller of the Proposition IA Receivable or the performance by the Seller of its obligations under the Resolution and the Transaction Documents to which it is a party and any other applicable agreements, have been obtained and are in full force and effect. (e) Insofar as it would materially adversely affect the Seller's ability to enter into, carry out and perform its obligations under any or all of the Transaction Documents to which it is a party, or consummate the transactions contemplated by the same, the Seller is not in breach of or default under any applicable constitutional provision, law or administrative regulation of the State of California or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which it is a party or to which it or any of its property or assets is otherwise subject, and, to the best of the knowledge of the Seller, no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a default or an event of default under any such instrument, and the adoption of the Resolution and the execution and delivery by the Seller of the Transaction Documents to which it is a party, and compliance by the Seller with the provisions thereof, under the circumstances contemplated thereby, do not and will not conflict with or constitute on the part of the Seller a breach of or default under any agreement or other instrument to which the Seller is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Seller is subject. (f) To the best of the knowledge of the Seller, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller affecting the existence of the Seller or the titles of its City Council members or officers to their respective offices, or seeking to restrain or to enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of the sale thereof, or in any way contesting or affecting the validity or enforceability of any of the Transaction Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents, or in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Transaction Documents to which it is a parry or any other applicable agreement, or any action on the part of the Seller contemplated by the Transaction Documents, or in any way seeking to enjoin or restrain the Seller from selling the Proposition IA Receivable or which if determined adversely to the Seller would have an adverse effect upon the Seller's ability to sell the Proposition IA Receivable, nor to the knowledge of the Seller is there any basis therefor. (g) Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller was the sole owner of the Proposition IA Receivable, and has such right, title and interest to the Proposition IA Receivable as provided in the Act. From and after the conveyance of the Proposition IA Receivable by the Seller to Purchaser on the Closing Date, the Seller shall have no right, title or interest in or to the Proposition IA Receivable. Except as provided in this Agreement, the Seller has not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor has the Seller created, or to the best knowledge of the Seller permitted the creation of, any lien, pledge, security interest or any other encumbrance (a "Lien") thereon. Prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller held title to the Proposition IA Receivable free and clear of any Liens. As of the Closing Date, this Agreement, together with the Bill of Sale, constitutes a valid and absolute sale to the Buyer of all of the Seller's right, title and interest in and to the Proposition IA Receivable. M (h) The Seller acts solely through its authorized officers or agents. (i) The Seller maintains records and books of account separate from those of the Purchaser. 0) The Seller maintains its respective assets separately from the assets of the Purchaser (including through the maintenance of separate bank accounts); the Seller's funds and assets, and records relating thereto, have not been and are not commingled with those of the Purchaser. (k) The Seller's principal place of business and chief executive office is located at 300 Seminary Avenue, Ukiah, California 95482. (1) The aggregate amount of the Installment Payments is reasonably equivalent value for the Proposition IA Receivable. The Seller acknowledges that the amount payable to or on behalf of the Purchaser by the State with respect to the Proposition IA Receivable will be in excess of the Purchase Price and the Initial Amount of the Proposition IA Receivable and confirms that it has no claim to any such excess amount whatsoever. (m) The Seller does not act as an agent of the Purchaser in any capacity, but instead presents itself to the public as an entity separate from the Purchaser. (n) The Seller has not guaranteed and shall not guarantee the obligations of the Purchaser, nor shall it hold itself out or permit itself to be held out as having agreed to pay or as being liable for the debts of the Purchaser; and the Seller has not received nor shall the Seller accept any credit or financing from any Person who is relying upon the availability of the assets of the Purchaser in extending such credit or financing. The Seller has not purchased and shall not purchase any of the Bonds or any interest therein. (o) All transactions between or among the Seller, on the one hand, and the Purchaser on the other hand (including, without limitation, transactions governed by contracts for services and facilities, such as payroll, purchasing, accounting, legal and personnel services and office space), whether existing on the date hereof or entered into after the date hereof, shall be on terms and conditions (including, without limitation, terms relating to amounts to be paid thereunder) which are believed by each such party thereto to be both fair and reasonable and comparable to those available on an arms -length basis from Persons who are not affiliates. (p) The Seller has not, under the provisions of Section 100.06(b) of the California Revenue and Taxation Code, received a reduction for hardship or otherwise, nor has it requested, made arrangements for, or completed a reallocation or exchange with any other local agency, of the total amount of the ad valorem property tax revenue reduction allocated to the Seller pursuant to Section 100.06(a) of the California Revenue and Taxation Code. 6. Covenants of the Seller. (a) The Seller shall not take any action or omit to take any action which adversely affects the interests of the Purchaser in the Proposition IA Receivable and in the proceeds thereof. The Seller shall not take any action or omit to take any action that shall adversely affect 0 the ability of the Purchaser, and any assignee of the Purchaser, to receive payments of the Proposition IA Receivable. (b) The Seller shall not take any action or omit to take any action that would impair the validity or effectiveness of the Act, nor, without the prior written consent of the Purchaser or its assignees, agree to any amendment, modification, termination, waiver or surrender of, the terms of the Act, or waive timely performance or observance under the Act. Nothing in this agreement shall impose a duty on the Seller to seek to enforce the Act or to seek enforcement thereof by others, or to prevent others from modifying, terminating, discharging or impairing the validity or effectiveness of the Act. (c) Upon request of the Purchaser or its assignee, (i) the Seller shall execute and deliver such further instruments and do such further acts (including being named as a plaintiff in an appropriate proceeding) as may be reasonably necessary or proper to carry out more effectively the purposes and intent of this Agreement and the Act, and (ii) the Seller shall take all actions necessary to preserve, maintain and protect the title of the Purchaser to the Proposition IA Receivable. (d) On or before the Closing Date, the Seller shall send (or cause to be sent) an irrevocable instruction to the Controller pursuant to Section 6588.5(c) of California Government Code to cause the Controller to disburse all payments of the Proposition IA Receivable to the Trustee, together with notice of the sale of the Proposition IA Receivable to the Purchaser and the assignment of all or a portion of such assets by the Purchaser to the Trustee. Such notice and instructions shall be in the form of Exhibit D hereto. The Seller shall not take any action to revoke or which would have the effect of revoking, in whole or in part, such instructions to the Controller. Upon sending such irrevocable instruction, the Seller shall have relinquished and waived any control over the Proposition IA Receivable, any authority to collect the Proposition IA Receivable, and any power to revoke or amend the instructions to the Controller contemplated by this paragraph. Except as provided in Section 2(c) of this Agreement, the Seller shall not rescind, amend or modify the instruction described in the first sentence of this paragraph. The Seller shall cooperate with the Purchaser or its assignee in giving instructions to the Controller if the Purchaser or its assignee transfers the Proposition IA Receivable. In the event that the Seller receives any proceeds of the Proposition IA Receivable, the Seller shall hold the same in trust for the benefit of the Purchaser and the Trustee and each Credit Enhancer, as assignees of the Purchaser, and shall promptly remit the same to the Trustee. (e) The Seller hereby covenants and agrees that it will not at any time institute against the Purchaser, or join in instituting against the Purchaser, any bankruptcy, reorganization, arrangement, insolvency, liquidation, or similar proceeding under any United States or state bankruptcy or similar law. (f) The financial statements and books and records of the Seller prepared after the Closing Date shall reflect the separate existence of the Purchaser and the sale to the Purchaser of the Proposition IA Receivable. (g) The Seller shall treat the sale of the Proposition IA Receivable as a sale for regulatory and accounting purposes. (h) From and after the date of this Agreement, the Seller shall not sell, transfer, assign, set over or otherwise convey any right, title or interest of any kind whatsoever in all or any portion of the Proposition IA Receivable, nor shall the Seller create, or to the knowledge of the Seller permit the creation of, any Lien thereon. 7. The Purchaser's Acknowledgment. The Purchaser acknowledges that the Proposition IA Receivable is not a debt or liability of the Seller, and that the Proposition IA Receivable is payable solely by the State from the funds of the State provided therefor. Consequently, neither the taxing power of the Seller, nor the full faith and credit thereof is pledged to the payment of the Proposition IA Receivable. No representation is made by the Seller concerning the obligation or ability of the State to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any representation made with respect to the ability of the State to enact any change in the law applicable to the Transaction Documents (including without limitation Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). The Purchaser acknowledges that the Seller has no obligation with respect to any offering document or disclosure related to the Bonds. 8. Notices of Breach. (a) Upon discovery by the Seller or the Purchaser that the Seller or Purchaser has breached any of its covenants or that any of the representations or warranties of the Seller or the Purchaser are materially false or misleading, in a manner that materially and adversely affects the value of the Proposition IA Receivable or the Purchase Price thereof, the discovering parry shall give prompt written notice thereof to the other party and to the Trustee, as assignee of the Purchaser, who shall, pursuant to the Indenture, promptly thereafter notify each Credit Enhancer and the Rating Agencies. (b) The Seller shall not be liable to the Purchaser, the Trustee, the holders of the Bonds, or any Credit Enhancer for any loss, cost or expense resulting from the failure of the Trustee, any Credit Enhancer or the Purchaser to promptly notify the Seller upon the discovery by an authorized officer of the Trustee, any Credit Enhancer or the Purchaser of a breach of any covenant or any materially false or misleading representation or warranty contained herein. 9. Liability of Seller; Indemnification. The Seller shall be liable in accordance herewith only to the extent of the obligations specifically undertaken by the Seller under this Agreement. The Seller shall indemnify, defend and hold harmless the Purchaser, the Trustee and each Credit Enhancer, as assignees of the Purchaser, and their respective officers, directors, employees and agents from and against any and all costs, expenses, losses, claims, damages and liabilities to the extent that such cost, expense, loss, claim, damage or liability arose out of, or was imposed upon any such Person by the Seller's breach of any of its covenants contained herein or any materially false or misleading representation or warranty of the Seller contained herein. Notwithstanding anything to the contrary herein, the Seller shall have no liability for the payment of the principal of or interest on the Bonds issued by the Purchaser. W 10. Limitation on Liabili (a) The Seller and any officer or employee or agent of the Seller may rely in good faith on the advice of counsel or on any document of any kind, prima facie properly executed and submitted by any Person respecting any matters arising hereunder. The Seller shall not be under any obligation to appear in, prosecute or defend any legal action regarding the Act that is unrelated to its specific obligations under this Agreement. (b) No officer or employee of the Seller shall have any liability for the representations, warranties, covenants, agreements or other obligations of the Seller hereunder or in any of the certificates, notices or agreements delivered pursuant hereto, as to all of which recourse shall be had solely to the assets of the Seller. 11. The Seller's Acknowledgment. The Seller herdby agrees and acknowledges that the Purchaser intends to assign and grant a security interest in all or a portion of (a) its rights hereunder and (b) the Proposition IA Receivable, to the Trustee and each Credit Enhancer pursuant to the Indenture. The Seller further agrees and acknowledges that the Trustee, the holders of the Bonds, and each Credit Enhancer have relied and shall continue to rely upon each of the foregoing representations, warranties and covenants, and further agrees that such Persons are entitled so to rely thereon. Each of the above representations, warranties and covenants shall survive any assignment and grant of a security interest in all or a portion of this Agreement or the Proposition IA Receivable to the Trustee and each Credit Enhancer and shall continue in full force and effect, notwithstanding any subsequent termination of this Agreement and the other Transaction Documents. The above representations, warranties and covenants shall inure to the benefit of the Trustee and each Credit Enhancer. 12. Notices. All demands upon or, notices and communications to, the Seller, the Purchaser, the Trustee or the Rating Agencies under this Agreement shall be in writing, personally delivered or mailed by certified mail, return receipt requested, to such party at the appropriate notice address, and shall be deemed to have been duly given upon receipt. 13. Amendments. This Agreement may be amended by the Seller and the Purchaser, with (a) the consent of the Trustee, (b) the consent of each Credit Enhancer, and (c) a Rating Agency Confirmation, but without the consent of any of the holders of the Bonds, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement. Promptly after the execution of any such amendment, the Purchaser shall furnish written notification of the substance of such amendment to the Trustee and to the Rating Agencies. 14. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Seller, the Purchaser and their respective successors and permitted assigns. The Seller may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Purchaser. Except as specified herein, the Purchaser may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Seller. 10 15. Third Party Rights. The Trustee and each Credit Enhancer are express and intended third party beneficiaries under this Agreement. Nothing expressed in or to be implied from this Agreement is intended to give, or shall be construed to give, any Person, other than the parties hereto, the Trustee, and each Credit Enhancer, and their permitted successors and assigns hereunder, any benefit or legal or equitable right, remedy or claim under or by virtue of this Agreement or under or by virtue of any provision herein. 16. Partial Invalidity. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired thereby. 17. Counterparts. This Agreement may be executed in any number of identical counterparts, any set of which signed by all the parties hereto shall be deemed to constitute a complete, executed original for all purposes. 18. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes any and all oral or written agreements or understandings between the parties as to the subject matter hereof. 11 19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the Seller and the Purchaser have caused this Agreement to be duly executed as of the date first written above. CITY OF UKIAH, as Seller By: Authorized Officer CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, as Purchaser Authorized Signatory 12 For all purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires, capitalized terms not otherwise defined herein shall have the meanings set forth below. "Act" means Chapter 14XXXX of the California Statutes of 2009 (Assembly Bill No. 15), as amended. "Bill of Sale" has the meaning given to that term in Section 2(b)(ii) hereof. "Closing Date" means the date on which the Bonds are issued. The Closing Date is expected to be November 19, 2009, but the Purchaser may change the Closing Date by providing e-mail notification to gelton@cityofukiah.com not later than one day prior to the Closing Date. "Controller" means the Controller of the State. "County Auditor" means the auditor or auditor -controller of the county within which the Seller is located. "Credit Enhancer" means any municipal bond insurance company, bank or other financial institution or organization which is performing in all material respects its obligations under any Credit Support Instrument for some or all of the Bonds. "Credit Support Instrument" means a policy of insurance, a letter of credit, a stand-by purchase agreement, a revolving credit agreement or other credit arrangement pursuant to which a Credit Enhancer provides credit or liquidity support with respect to the payment of interest, principal or purchase price of the Bonds. "Initial Amount" means, with respect to the Proposition IA Receivable, the amount of property tax revenue reallocated away from the Seller pursuant to the provisions of Section 100.06 of the Revenue and Taxation Code, as certified by the County Auditor pursuant to the Act. "Installment Payments" have the meaning set forth in Section 2(a). "Payment Dates" have the meaning set forth in Section 2(a). "Pricing Date" means the date on which the Bonds are sold. The Pricing Date is expected to be November 10, 2009, but the Purchaser may change the Pricing Date by providing e-mail notification to gelton@cityofukiah.com not later than one day prior to the Pricing Date. "Principal Place of Business" means, with respect to the Seller, the location of the Seller's principal place of business and chief executive office located at 300 Seminary Avenue, Ukiah, California 95482. A-1 "Proposition IA Receivable" has the meaning set forth in Section 2(a). "Purchase Price" means an amount equal to the Initial Amount. "Rating Agency" means any nationally recognized rating agency then providing or maintaining a rating on the Bonds at the request of the Purchaser. "Rating Agency Confirmation" means written confirmation from each Rating Agency that any proposed action will not, in and of itself, cause the Rating Agency to lower, suspend or withdraw the rating then assigned by such Rating Agency to any Bonds. "Resolution" means the resolution adopted by the City Council approving the sale of the Proposition IA Receivable. "State" means the State of California. "Transaction Counsel" means Orrick, Herrington & Sutcliffe LLP. "Transaction Documents" mean this Agreement, the Bill of Sale, the Indenture, the Bonds and the Irrevocable Instructions For Disbursement of Proposition IA Receivable of City of Ukiah, dated as of the Closing Date. [:W to CITY OF UKIAH Dated: Pricing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition IA Receivable Ladies & Gentlemen: [I have/This Office has] acted as counsel for the City of Ukiah (the "Seller") in connection with the adoption of that certain resolution (the "Resolution") of the City Council of the Seller (the "Governing Body") pursuant to which the Seller authorized the sale to the California Statewide Communities Development Authority (the "Purchaser") of the Seller's "Proposition IA Receivable", as defined in and pursuant to the Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the Seller and the Purchaser. In connection with these transactions, the Seller has issued certain Irrevocable Instructions For Disbursement of the Seller's Proposition IA Receivable to the Controller of the State of California (the "Disbursement Instructions") and a Bill of Sale and Bringdown Certificate of the Seller (the "Bill of Sale" and, collectively with the Sale Agreement and the Disbursement Instructions, the "Seller Documents"). Unless the context otherwise requires, capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Sale Agreement. [I/We] have examined and are familiar with the Seller Documents and with those documents relating to the existence, organization, and operation of the Seller, the adoption of the Resolution, and the execution of the Seller Documents, and have satisfied ourselves as to such other matters as [I/we] deem necessary in order to render the following opinions. As to paragraphs numbered 3 and 4 below, [I/we] have relied as to factual matters on the representations and warranties of the Seller contained in the Sale Agreement. Based upon the foregoing, and subject to the limitations and qualifications set forth herein, [1/we] are of the opinion that: 1. The Seller is a local agency, within the meaning of Section 6585(f) of the California Government Code. The Governing Body is the governing body of the Seller. 2. The Resolution was duly adopted at a meeting of the Governing Body, which was called and held pursuant to law and with all public notice required by law, and at which a quorum was present and acting throughout, and the Resolution is in full force and effect and has not been modified, amended or rescinded since the date of its adoption. 3. To the best of [my/our] knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, is pending or threatened in any way against the Seller (i) affecting the existence of the Seller or the titles of its Governing Body members or officers to their respective offices; (ii) seeking to restrain or to enjoin the sale of the Proposition IA Receivable or to direct the application of the proceeds of the sale thereof, or materially adversely affecting the sale of the Proposition IA Receivable; (iii) in any way contesting or affecting the validity or enforceability of the Resolution, Seller Documents or any other applicable agreements or any action of the Seller contemplated by any of said documents; or (iv) in any way contesting the powers of the Seller or its authority with respect to the Resolution or the Seller Documents or any other applicable agreement, or any action on the part of the Seller contemplated by any of said documents. 4. To the best of [my/our] knowledge, prior to the sale of the Proposition IA Receivable to the Purchaser, the Seller had not sold, transferred, assigned, set over or otherwise conveyed any right, title or interest of any kind whatsoever in all or any portion of the Seller's Proposition IA Receivable, nor had the Seller created, or permitted the creation of, any Lien thereon. 5. The Seller has duly authorized and executed the Seller Documents and, assuming the due authorization execution and delivery of the Sale Agreement by the Purchaser, each Seller Document will be legal, valid and binding against the Seller and enforceable against the Seller in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or- laws relating to or affecting creditors' rights, and the application of equitable principles and the exercise of judicial discretion in appropriate areas. No opinion is expressed concerning the obligation or ability of the State of California to make any payment of the Proposition IA Receivable pursuant to Section 100.06 of the Revenue and Taxation Code and Section 25.5 of Article XIII of the California Constitution, nor is any opinion expressed with respect to the ability of the State to enact any change in the law applicable to the Seller Documents (including, without limitation, Section 100.06 of the Revenue and Taxation Code or Section 6588.6 of the Government Code). Furthermore, [1/we] express no opinion as to the value of the Proposition IA Receivable or as to any legal or equitable remedies that may be available to any person should the Proposition IA Receivable have little or no value. No opinion is expressed with respect to the sale of Bonds by the Purchaser. B1-2 The legal opinion set forth herein is intended for the information solely of the addressees hereof and for the purposes contemplated by the Sale Agreement. The addressees may not rely on it in connection with any transactions other than those described herein, and it is not to be relied upon by any other person or entity, or for any other purpose, or quoted as a whole or in part, or otherwise referred to, in any document, or to be filed with any governmental or administrative agency other than the Purchaser or with any other person or entity for any purpose without [my/our] prior written consent. In addition to the addressees hereof, each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. [I/We] do not undertake to advise you of matters that may come to [my/our] attention subsequent to the date hereof that may affect the opinions expressed herein. Very truly yours, Seller's Counsel to CITY OF Dated: Closing Date California Statewide Communities Development Authority Sacramento, California Wells Fargo Bank, National Association Los Angeles, California Re: Sale of Proposition IA Receivable (Bringdown Opinion) Ladies & Gentlemen: Pursuant to that certain Purchase and Sale Agreement dated as of November 1, 2009 (the "Sale Agreement") between the City of Ukiah (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), this Office delivered an opinion (the "Opinion") dated the Pricing Date as counsel for the -Seller in connection with the sale of the Seller's Proposition IA Receivable (as defined in the Sale Agreement), the execution of documents related thereto and certain other related matters. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. I confirm that you may continue to rely upon the Opinion as if it were dated as of the date hereof. Each Credit Enhancer and the underwriters of the Bonds may rely upon this legal opinion as if it were addressed to them. This letter is delivered to you pursuant to Section 2(b)(ii)(1) of the Sale Agreement. Very truly yours, Seller's- Counsel B2-1 14"AMV-AM1/MNH I IGM 10 CERTIFICATE OF THE CITY CLERK OF CITY OF UKIAH, CALIFORNIA Dated: Pricing Date The undersigned City Clerk of the City of Ukiah (the "Seiler"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, does hereby certify that the foregoing is a full, true and correct copy of Resolution No. duly adopted at a regular meeting of the City Council of said Seller duly and legally held at the regular meeting place thereof on the day of , 2009, of which meeting all of the members of said City Council had due notice and at which a quorum was present and acting throughout, and that at said meeting said resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: I do hereby further certify that I have carefully compared the same with the original minutes of said meeting on file and of record in my office and that said resolution is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at a location in the City of Ukiah, California freely accessible to members of the public, and a brief general description of said resolution appeared on said agenda. Capitalized terms used but not defined herein shall have- the meanings given to such terms in the Purchase and Sale Agreement, dated as of November 1, 2009, between the Seller and the California Statewide Communities Development Authority. WITNESS by my hand as of the Pricing Date. City Clerk of the City of Ukiah, California EXHIBIT C2 f.`1 IN w w �I.Z�1 �1.�1111'�I C�1cV,M,�1 SELLER CERTIFICATE Dated: Pricing Date We, the undersigned officers of the City of Ukiah (the "Seller"), a local agency of the State of California within the meaning of Section 6585(f) of the California Government Code, holding the respective offices herein below set opposite our signatures, do hereby certify that on the date hereof the following documents (the "Seller Transaction Documents") were officially executed and delivered by the Authorized Officer or Officers whose names appear on the executed copies thereof, to wit: Document 1. Purchase and Sale Agreement, dated as of November 1, 2009 (the "Sale Agreement"), between the Seller and the California Statewide Communities Development Authority (the "Purchaser") 2. Irrevocable Instructions For Disbursement of Seller's Proposition IA Receivable to the Controller of the State of California, dated the Closing Date. 3. Sill of Sale, dated the Closing Date. Capitalized terms used herein and not defined herein shall have the meaning given such terms in the Sale Agreement. We further certify as follows: At the time of signing the Seller Transaction Documents and the other documents and opinions related thereto, we held said offices, respectively, and we now hold the same. 2. The representations and warranties of the Seller contained in the Seller Transaction Documents are true and correct as of the date hereof in all material respects. 3. The City Council duly adopted its resolution (the "Resolution") approving the sale of the Seller's Proposition IA Receivable at a meeting of the City Council which was duly called and held pursuant to law with all public notice required by law and at which a quorum was present and acting when the Resolution was adopted, and such Resolution is in full force and effect and has not been amended, modified, supplemented or rescinded. C2-1 Name Official Title Signature Philip E. Baldwin, Mayor Jane Chambers, City Manager Sage Sangiacomo, Assistant City Manager genuine. I HEREBY CERTIFY that the signatures of the officers named above are Dated: Pricing Date C C2-2 City Clerk of the City of Ukiah, California EXHIBIT C3 BILL OF SALE AND BRINGDOWN CERTIFICATE Pursuant to terms and conditions of the Purchase and Sale Agreement (the "Sale Agreement"), dated as of November 1, 2009, between the undersigned (the "Seller") and the California Statewide Communities Development Authority (the "Purchaser"), and in consideration of the obligation of the Purchaser to pay and deliver to the Seller the Purchase Price (as defined in the Sale Agreement), in two equal installment payments to be made on January 15, 2010, and May 3, 2010 (collectively, the "Payment Dates"), the Seller does hereby (a) transfer, grant, bargain, sell, assign, convey, set over and deliver to the Purchaser, absolutely and not as collateral security, without recourse except as expressly provided in the Sale Agreement, the Proposition IA Receivable as defined in the Sale Agreement (the "Proposition IA Receivable"), and (b) assign to the Purchaser, to the extent permitted by law (as to which no representation is made), all present or future rights, if any, of the Seller to enforce or cause the enforcement of payment of the Proposition IA Receivable pursuant to the Act and other applicable law. Such transfer, grant, bargain, sale, assignment, conveyance, set over and delivery is hereby expressly stated to be a sale and, pursuant to Section 6588.6(b) of the California Government Code, shall be treated as an absolute sale and transfer of the Proposition IA Receivable, and not as a grant of a security interest by the Seller to secure a borrowing. Seller specifically disclaims any right to rescind the Agreement, or to assert that title to the Proposition IA Receivable has not passed to the Purchaser, should Purchaser fail to make the installment payments in the requisite amounts on the Payment Dates. The Seller hereby certifies that the representations and warranties of the Seller set forth in the Certificate of the City Clerk dated the Pricing Date, the Seller Certificate dated the Pricing Date and in the Transaction Documents to which the Seller is a party are true and correct in all material respects as of the date hereof (except for such representations and warranties made as of a specified date, which are true and correct as of such date). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Sale Agreement. Dated: Closing Date C3-1 CITY OF UKIAH an Authorized Officer IRREVOCABLE INSTRUCTIONS FOR DISBURSEMENT OF PROPOSITION IA RECEIVABLE OF CITY OF UKIAH Dated: Closing Date Office of the Controller State of California P.O. Box 942850 Sacramento, California 94250-5872 Re: Notice of Sale of Proposition I Receivable by the City of Ukiah and Wiring Instructions Information Form Dear Sir or Madam: Pursuant to Section 6588.6(c) of the California Government Code, City of Ukiah (the "Seller") hereby notifies you of the sale by Seller, effective as of the date of these instructions written above, of all right, title and interest of the Seller in and to the "Proposition IA Receivable" as defined in Section 6585(g) of the California Government Code (the "Proposition IA Receivable"), namely, the right to payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. By resolution, the Seller's City Council authorized the sale of the Proposition IA Receivable to the California Statewide Communities Development Authority (the "Purchaser") pursuant to a Purchase and Sale Agreement, dated as of November 1, 2009 (the "Purchase and Sale Agreement") and a Bill of Sale, dated the Closing Date (as defined in the Purchase and Sale Agreement). The Proposition IA Receivable has been pledged and assigned by the Purchaser pursuant to an Indenture, dated as of November 1, 2009 (the "Indenture") between the Purchaser and Wells Fargo Bank, National Association, as Trustee (the "Trustee"). The Seller hereby irrevocably requests and directs that, commencing as of the date of these instructions written above, all payments of the Proposition IA Receivable (and documentation related thereto) be made directly to Wells Fargo Bank, National Association, as Trustee, in accordance with the wire instructions and bank routing information set forth below. Please note that the sale of the Proposition IA Receivable by the Seller is irrevocable and that: (i) the Seller has no power to revoke or amend these instructions at any time; (ii) the Purchaser shall have the power to revoke or amend these instructions only if there are no notes of the Purchaser outstanding under the Indenture and the Indenture has been discharged; and (iii) so long as the Indenture has not been discharged, these instructions cannot be revoked or amended by the Purchaser without the consent of the Trustee. Should D-1 the Purchaser, however, deliver a written notice to the Office of the Controller stating that: (a) the Seller failed to meet the requirements set forth in the Purchase and Sale Agreement, (b) the Purchaser has not waived such requirements; and (c) the Purchaser has not purchased the Proposition IA Receivable as a result of the circumstances described in (a) and (b) above, then these instructions shall be automatically rescinded and the Seller shall again be entitled to receive all payment of moneys due or to become due to the Seller pursuant to Section 25.5(a)(1)(B)(iii) of Article XIII of the California Constitution and Section 100.06 of the California Revenue and Taxation Code. Bank Name: Wells Fargo Bank, N.A. Bank ABA Routing #: 121000248 Bank Account #: 0001038377 Bank Account Name: Corporate Trust Clearing Further Credit To: CSCDA Proposition IA Bonds Bank Address: 707 Wilshire Blvd., 17th Floor MAC E2818-176 Los Angeles, CA 90017 Bank Telephone #: (213) 614-3353 Bank Contact Person: Robert Schneider Please do not hesitate to call the undersigned if you have any questions regarding this transaction. Thank you for your assistance in this matter. Very truly yours, CITY OF UKIAH By: Authorized Officer M ESCROW INSTRUCTION LETTER 2009 California Statewide Communities Development Authority 1100 K Street Sacramento, CA 95814 Re: Probosition IA Receivable Financin Dear Sir or Madam: The City of Ukiah (the "Seller") hereby notifies you of its agreement to participate in the California Statewide Communities Development Authority Proposition IA Receivable Financing. By adoption of a resolution (the "Resolution") authorizing the sale of its Proposition IA Receivable, the Seller's City Council has agreed to sell to the California Statewide Communities Development Authority (the "Purchaser"), for a purchase price that meets the conditions set forth in the Resolution, all of its right, title and interest in the Proposition IA Receivable. Enclosed herewith are the following documents which have been duly approved and executed by the Seller and which are to be held in escrow by Orrick, Herrington & Sutcliffe LLP, as transaction counsel ("Transaction Counsel"), as instructed below: 1. certified copy of the Resolution, together with a certificate of the City Clerk, dated the Pricing Date; 2. the Seller Certificate, dated the Pricing Date; 3. the Opinion of Seller's Counsel, dated the Pricing Date; 4. the Opinion of Seller's Counsel (bringdown opinion), dated the Closing Date; 5. the Purchase and Sale Agreement, dated as of November 1, 2009; 6. the Bill of Sale and Bringdown Certificate, dated the Closing Date; and 7. the Irrevocable Instructions to Controller, dated the Closing Date. The foregoing documents are to be held in escrow by Transaction Counsel and shall be delivered on the Closing Date (as defined in the Purchase and Sale Agreement), provided that such Closing Date occurs on or before December 31, 2009. E-1 Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's Counsel stating, respectively and in good faith, that the representations made in the Seller's Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole discretion, choose to waive receipt of such representations or opinions, then this agreement shall terminate and Transaction Counsel shall destroy all of the enclosed documents. Enclosures cc: Orrick, Herrington & Sutcliffe LLP Very truly yours, W1611111INAM E-2 Authorized Officer left ITEM NO.: llb VNIM FETING DATE: October 21, 2009 IJL- Cites of `Zt,+ iah SUMMARYAGENDA REPORT SUBJECT: THE CITY OF UKIAH AUTHORIZES THE NORTHERN CALIFORNIA POWER AGENCY TO SERVE AS ITS DESIGNATED REPRESENTATIVE FOR FUNDING UNDER THE CALIFORNIA ENERGY COMMISSION'S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM. IN ADDITION, NCPA WILL MANAGE THE $82,741 IN FUNDING DEDICATED TO THE CITY OF UKIAH, SUBMIT FORMAL APPLICATIONS TO THE CALIFORNIA ENERGY COMMISSION TO SECURE SUCH FUNDING, AND COORDINATE ALL SUBSEQUENT REPORTING OBLIGATIONS ON BEHALF OF THE CITY. Background: The American Recovery and Reinvestment Act (ARRA) was signed into law by President Obama in February 2009, providing $787 billion for a variety of programs designed to create jobs, address the unprecedented slowdown in the U.S. economy, and build a foundation for long-term economic growth. The State of California expects to receive approximately $85 billion from the Act, with $3 billion targeted for energy-related programs. The California Energy Commission, as the state's designated energy office, has been allocated more than $30 million of funding available under its Energy Efficiency and Conservation Block Grant program to help small cities and counties install cost-effective energy efficiency projects that reduce energy use and greenhouse gases. The City of Ukiah stands to receive $82,741 of funding under this program. Discussion: Three other cities in addition to the City of Ukiah that are members of the Northern California Power Agency (Biggs, Gridley, and Healdsburg), stand to receive another $120,593 of funding under the same program. City of Ukiah Electric Utility Department seeks to maximize the use of this funding by minimizing administrative costs and reporting responsibilities through a variety of joint action activities offered through its membership with the Northern California Power Agency. Recommended Action(s): The City of Ukiah authorizes the Northern California Power Agency to serve as its designated representative for funding under the California Energy Commission's Energy Efficiency and Conservation Block Grant program. In addition, NCPA will manage the $82,741 in funding dedicated to the City of Ukiah, submit formal applications to the California Energy Commission to secure such funding, and coordinate all subsequent reporting obligations on behalf of the City. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Mel Grandi, Electric Utility Director Prepared by: Mel Grandi, Electric Utility Director Coordinated with: Jane Chambers, City Manager, Scott Tomashefsky, Regulatory Affairs Manager-NCPA Attachments: 1 - Resolution Approved: r) -24_e -24 �-t-° ✓ 70, Chambers, City Manager The California Energy Commission has articulated that applicants may work with one another to share and leverage internal resources, and that the Northern California Power Agency, with written authorization from the other collaborating applicants, may apply to receive a funding award on behalf of all collaborating applicants. The Electric Utility Department recommends that the City Council authorize the Northern California Power Agency to serve as its designated representative for funding under the California Energy Commission's Energy Efficiency and Conservation Block Grant program. In addition, NCPA will manage the $82,741 in funding dedicated to the City of Ukiah, submit formal applications to the California Energy Commission to secure such funding, and coordinate all subsequent reporting obligations on behalf of the City. The Electric Utility Department will return to Council for project and spending approval. Fiscal Impact: Budgeted FY 09/10 F-1New Appropriation ® Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested WHEREAS, the American Recovery and Reinvestment Act was signed into law by President Obama in February 2009, providing $787 billion for a variety of programs designed to create jobs, address the unprecedented slowdown in the U.S. economy, and build a foundation for long-term economic growth, and WHEREAS, California expects to receive approximately $85 billion from the Act, with $3 billion targeted for energy-related programs, and WHEREAS, the California Energy Commission, as the state's designated energy office, has been allocated more than $30 million of funding available under its Energy Efficiency and Conservation Block Grant program to help small cities and counties install cost-effective energy efficiency projects that reduce energy use and greenhouse gases, and WHEREAS, the City of Ukiah stands to receive $82,741 of funding under this program, once the California Energy Commission formally adopts guidelines for the Energy Efficiency and Conservation Block Grant program on September 30, 2009, and WHEREAS, three other cities in addition to the City of Ukiah that are members of the Northern California Power Agency (Biggs, Gridley, and Healdsburg), stand to receive another $120,593 of funding under the same program, and WHEREAS, the City of Ukiah seeks to maximize the use of its funding by minimizing administrative costs and reporting responsibilities through a variety of joint action activities offered through its membership with the Northern California Power Agency, and WHEREAS, the California Energy Commission has articulated that applicants may work with one another to share and leverage internal resources, and that the Northern California Power Agency, with written authorization from the other collaborating applicants, may apply to receive a funding award on behalf of all collaborating applicants. BE IT RESOLVED, that the City of Ukiah authorizes the Northern California Power Agency to serve as its designated representative for funding under the California Energy Commission's Energy Efficiency and Conservation Block Grant program, BE IT ALSO RESOLVED, that the Northern California Power Agency will manage the $82,741 in funding dedicated to the City of Ukiah, submit formal applications to the California Energy Commission to secure such funding, and coordinate all subsequent reporting obligations on behalf of the City. Resolution No. xxx ITE O.. 11 c MEETING DATE: October 21, 2009 C:•z ey of"u ja-h AWARDAGENDA SUMMARY REPORT OF • -. FOR PERKINS ORCHARD AVENUE INTERSECTION - • SPECIFICATIONNO. Background: This project is the addition of a right turn lane for west -bound traffic on Perkins Street at the intersection of Perkins Street and Orchard Avenue. This project is funded in conjunction with the Orchard Avenue Bridge project. 60% of the funding is coming from the E.D.A. grant. Discussion: The City distributed plans and specifications to 10 builder's exchanges and 11 contractors to date for the Perkins and Orchard Intersection Improvements project, Specification No. 09-14. The City publicly advertised this project on September 22 and September 29, 2009, in the Ukiah Daily Journal. A copy of the Notice to Bidders was sent to 75 contractors including all License Class A contractors on the City's 2009 Qualified Contractors List. In addition, the plans and specifications were posted on the City's website. Sealed proposals were received and opened by the City Clerk on October 13, 2009. There was a mistake made by the contractor in the Bidding Schedule of the apparent low bidder, and the City Attorney determined that it was not a bid irregularity that could be waived. Staff is seeking Council approval for award of the contract based on the outcome of the bid opening. A bid tabulation sheet is attached for your reference. (Attachment 1) 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. Staff recommends that City Council award the contract for Perkins and Orchard Intersection Improvements Specification No. 09-14. Fiscal Impact: ® Budgeted FY 09/10 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $1,176,032.31 Bridge Fund 290.9645.800 Recommended Action(s): 1) Award contract for Perkins and Orchard Intersection Improvements Specification No. 09-14, to the lowest responsive, responsible bidder based on bids submitted on October 13, 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: Alan Hasty, Assistant Engineer Coordinated with: Jane Chambers, City Manager; Rick Seanor, Deputy Director of Public Works Attachments: 1. Bid Tabulation Sheet Approved: .r i 71 Ja Chambers, City Manager Q LL O F- C) U) N� LL O U J m D IL U- 0 I -- z W LL ^Q LL W 0 (7 G O E O O > O _ O O o OCD M N N 2 U _ to N M M ,.. 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O O I- H z O R o O N N c) fPr O (O O N N N V' Ei} N N w vi m (A EPr M EA VS O (O m o (n m O W N N 7 M 04 6% I r N fR EH ff3 w N N o O OO O o O O O O O o O O o O O O o O O O O O O o O O O o O O O O O O O O O o O O O O J O u) N O O U � N O(O N N m N O O O O O O N F O co N N I- M O w N O m O I- M m I� V I� W m r V: fPr O r N' m o r N m V' M m m i� N V (n n < N M N (O' M m N 11 fA d3 ft} ffi fA d3 f9 Efl fA fH EIS f9 fA N f/3 Vi 01V3 fA O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o 0 0. 0 0 0 0 o.0 0 0 o m. o . . 0 0 0 0 0 0 0 0 0 I- O (n N O O ui ui V' O V' (E) M (O 0 o O o o o of Z O N N N I- O N m m O V V' M N O r f9 N r- fPr fA N3 N H3 fR fA fA fA r r co EA T 1� fA V fA N 6% co co M f!S N 6% fR c� m 5 U a m a) E Z fu Of U s F M_ U U E U W cc N N >. u C (n Y m Y m. !] N c m 3 E m N w mm U E v c U 'v) ac E. C7 .00 a r d c c m �. a c m >,. Y o J Y m 3 .2 m U U U 15 > NN O` U CJ O N > Q -e Q G O O U WO` p a W C m O U. m U N o c o m U Q a c W m U U. U O d N N m N m J O U C m G 0. m 'n c E `m E o > c c c c v m E ID o m m m Q cr,E o' t m o o o o o o m w d o w v a¢¢ w F a U U U U U U in a >'. LL J J J J OF O0 W fn W (n N J J W W J W J W U >z M M W O � N G N mCD M V O [NO z) C3 o Z t N M V' N O r o7 m O N M V' O r W m O N N N N W f - N 60 N W FR WTW MEETING DATE: AGENDA SUMMARY -- 11d October 21, 2009 SUBJECT: AUTHORIZE THE CITY MANAGER TO DEVELOP AND RELEASE A REQUEST FOR PROPOSAL FOR MANAGEMENT ANALYSIS SERVICES TO BE UTILIZED ON AN AS -NEEDED BASIS. As City Council is aware, staff and Council have identified several significant business and operational areas where it is imperative in the best interest of the community, that certain tasks be accomplished in FY 2009-2010, and/or early FY 2010-2011. These tasks include the purchase and implementation of a new financial system, as well as major re -organization and budgetary adjustments to address the current financial constraints and difficulties facing the City. These significant tasks alone could consume most of senior management staff time, but must be accomplished in addition to both routine and project related issues already in progress. In order to complete a number of essential tasks that must be addressed in the next few months, it is important to set in place the ability to call upon specialized management analysis services on an as -needed basis. Given limited staffing resources and the complexity of issues currently facing the City, procuring professional services to provide management analysis, spread sheet documentation, and project coordination to assist senior city staff will assure that all critical tasks facing the organization can be achieved in a timely fashion. A proposal for services is being developed, and it is anticipated, can be issued and brought to the City Council for award by the second meeting in November. Staff is also preparing at this time, a request for services to assist in the area of delivering information technology services. A portion of services needed to assure the implementation of a new financial system ( technical support) will be a part of that request for service. Both City Council and city staff are faced with an extraordinary number of decisions and actions needed to address the issues facing the city at this time. Procurement of expertise and business analysis services will provide the capacity necessary for city staff to bring these issues forward with sound recommendations for Council and community consideration. Services that will be included in the request for proposals are: Continued on Page 2 Recommended Action(s): Authorize The City Manager To Develop And Release A Request For Proposal For Management Analysis Services To Be Utilized On An As -Needed Basis. Alternative Council Option(s): Identify Alternative Method Of Providing Services. Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Sage Sangiacomo, Assistant City Manager Attachments: Approved:- ne Chambers, City Manager Subject: Proposal for Management Services Meeting Date: October 21, 2009 Page 2 1. Financial system implementation and project management 2. Analysis and integration support for the consolidation and sharing of services 3. Annexation, districting, and tax sharing analysis and planning. 4. Organizational review and analysis to identify and implement best business practices, cost savings, improvements to an operation or program's efficiency and effectiveness. 5. Analysis and advice with respect to alternative service delivery proposals for the City, including analysis of costs, benefits, timing and other impacts. The services requested are active cost analysis and gathering of essential data for decision making, and will be utilized by staff as an integral part of bringing recommendations forward to the Council. It is anticipated that the services will be charged on a project by project basis and/or hourly basis similar to the process being used to pay for professional services rendered for redevelopment activities. The source of funding for the proposed services will be outlined in the staff report recommending award. Fiscal Impact: ❑Budgeted FY x 09/10 New F1Not ApplicableF1 Budget Amendment Appropriation Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested