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2010-03-03 Packet - Regular and Workshop
CITY OF UKIAH CITY COUNCIL Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 3, 2010 00 P.M. 2. BUDGET WORKSHOP SESSION a. Fees, Fee Schedule, Revenue Enhancement for 2010-2011 b. Cost Allocation Study and Allocation Issues for 2010-2011 Budget Process C. Discussion as Needed of 2010-11 Budget Guidelines Please be advised that the City needs to be notified 24 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 24 hours prior to the meeting set forth on this agenda. Dated this 26th day of February, 2010. JoAnne M. Currie, City Clerk CITY OF COUNCILCITY Di Regular• COUNCILCIVIC CENTER 300 Seminary Avenue Ukiah, CA 95482 March 3, 2010 11 • :• II- • •� • 'i_ _ 01 a. Employees of the Year Presentations: Jimmy Lozano, Electric Department; Sheri Mannion, Human Resources Department; Katie Merz, Community Services Department; Jan Newell, Finance Department. Special Projects Award: Ann Burck, Public Works Department a. Regular Minutes of February 17, 2010 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. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well b. Adoption Of Resolution Authorizing Northern California Power Agency To Serve As The City's Designated Representative For Funding Under The California Energy Commission's Energy Efficiency And Conservation Block Grant Program And Related CEQA Finding C. Report Purchase of Dell PowerEdge R710 server $9270.39 d. Notification Of Sole Source Purchase Of A Narcotic Detecting Dog, In The Amount Of $8,893.75, From Master K-9 Inc. e. Adopt City Of Ukiah Ordinance And Very High Fire Hazard Severity Zone Map For The Purpose Of Establishing A Very High Severity Zone In The Ukiah City Limits. f. Award Bid To Stella Jones For The Purchase Of 71 Power Poles For The Distribution Pole Replacement Project And For Stock In The Amount Of $50,305.57. g. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status h. Award Purchase Of Liquid Sodium Hypochlorite Solution To Sierra Chemical Company At The Unit Price Of $0.745 Per Gallon, Award Purchase Of Sodium Bisulfite 25% To Brenntag Pacific, Inc. At The Unit Price Of $796.00 Per Dry Ton, And Award Purchase Of Liquid Ferric Chloride To Kemira Water Solutions, Inc. At The Unit Price Of $735.00 Per Dry Ton. Report Regarding The Purchase Of A Vanguard EZCT Test Set From Tarbell Associates In The Amount Of $9,971.25. 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. 10. UNFINISHED BUSINESS a. Discussion Of Request By Flood Control District For City To Withdraw Its Protest To District's Appropriative Water Rights Application Nos. 12919c And 12920b And Possible Action 11. NEW BUSINESS a. Approve Self Fuel Permit Ordinance And Adopt Ordinance b. Appointment To Advisory Group For New Ukiah Courthouse Project C. Approval Of Access Agreement Between City And Redwood Business Park (RBP) Of Ukiah And Agreement Re: Conditions Among City, RBP And Guillon, Inc. d. Resolution In Support Of The Redwood Forest Foundation And The Foundation's Sale Of Conservation Easement e. Billboard Discussion and Possible Action f. Possible Introduction Of Ordinance Of The City Council Of The City Of Ukiah Amending Article 18 Of Division 4, Chapter 2 Of The Ukiah City Code Pertaining To Sewer Lateral Testing. g. Consideration and Action on Naming of The Orchard Avenue Bridge and Consideration of Bridge Dedication Ceremony • MM-10741 liv genjig 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(b)(1) — Significant exposure to litigation (1 case) b. 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 Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 26th day of February, 2010. JoAnne Currie, City Clerk 5a • 300 Seminary Avenue Ukiah, CA 95482 February 17, 2010 11 • 1. ROLL CALL Ukiah City Council met at a Regular Meeting on February 17, 2010, the notice for which being legally noticed on February 12, 2010. Mayor Thomas called the meeting to order at 6:02 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin, Baldwin (arriving 6:04), and Mayor Thomas. Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Director of Public Safety Dewey, Community Services Project Analyst Simerson, and City Clerk Currie. 3. Cl 5. APPROVAL OF MINUTES a. Regular Minutes of January M/S Crane/l amended, Ri Watershed A 6. RIGHT TO APPEAL Councilmember Baldwin;arr 7. CONSENT CALEN[ Councilmember Be to approve the Keguiar Minutes of January zu, zu°i u, as member and Landis is the alternate to the Russian River Motion carried by an all AYE voice vote. ad 6U4 pm ►R twin requested 7j be withdrawn from the consent calendar. approve the Consent Calendar items 7a -7i and 7k -7o: a. Report of Disbursements for January 2010 b. Update 'Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well C. Notification to City Council of the Purchase of Toxicity Testing Services for the Wastewater Treatment Plant to Pacific EcoRisk for a Total Not to Exceed $6,250.00 d. Adoption of Resolution Approving Records Destruction e. Receive Report from Taber Consultants on Oak Manor Park Well Installation on Aquifer Performance Analysis f. Receive Report from Taber Consultants on Oak Manor Park on Water Treatment Plant Sites g. Receive Final Report from Taber Consultants on Gobbi Street Well Installation on Analysis h. Notification to City Council of the Emergency Repair of Standby Generator from CC 2/17/10 Page 1 of 5 the Water Reclamation Facility By Peterson Power Systems for $10,678.23 i. Adoption of Ordinance Amending Zoning Map for the City of Ukiah j. MOVED to New Business 11.e k. Award of Contract for Oak Manor Well Construction, Specification No. 09-17 I. Award Three Year Agreement for Tree Trimming from Various Locations in the City of Ukiah to Asplundh Tree Expert Company M. Approve Plans on Specifications for the South Dora Street Rehabilitation Project, Specification No. 10-01 on Direct Staff to Advertise for Bids n. Adoption of A Revised Resolution for the California State Department of Housing on Community Development Funding Down Payment Assistance on Housing Rehabilitation CalHome Program o. Update Report on Local Emergency Declaration Regarding Drought on Water Shortage Status Motion carried by the following roll call vote: A Rodin, Baldwin, and Mayor Thomas. NOES: NonE 8. AUDIENCE COMMENTS ON NON -AGENDA JR Rose provided a copy of an email regan about mobilehome park owners maintenar Council. 6:07:08 PM 9. PUBLIC HEARINGS (6:15 P 10. UNFINISHED BUSINESS a. Consideration of Introducing and Very High Fire Hazard Severity Zor a Very High Severity Zone in the Ul bers Landis, Crane, ABSTAIN: None. ig a letter to the Attorney General's office of "sub -metering" systems to the City opting a City of Ukiah Ordinance and Map For The Purpose of Establishing ih City Limits 6:09:55 PM Director of Public Safety Dewey presented the item. Recommended Action(s): Introduce wand adopt the proposed City Ordinance and Very High Fire Hazard Severity Zone map, for the purpose of establishing a City of Ukiah Ordinance to adopt a; Very High Fire Hazard Severity Zone within the Ukiah City limits. M/S Crane/Rodin to, introduce the ordinance by title only. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Currie read the title. M/S Landis/Baldwin to introduce city ordinance renumbering Article 2 of Chapter 3 of Division 6 of the Ukiah City Code as Article 3 and adding a new Chapter 2, Division 6 of the Ukiah City Code designating High Fire Hazard Severity Zone within the Ukiah City limits. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. Update11. NEW BUSINESS a. on Observatory Park and Adoption of • •n Approving an Application for Preserve America Community Designation 6:25:26 PM Community Services Project Analyst Simerson and Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Receive update on CC 2/17/10 Page 2 of 5 Observatory Park and adopt the resolution authorizing the application for Preserve America Community status. M/S Rodin/Baldwin to approve the Recommended Actions. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. b. Adoption of Resolution Approving An Application For Proposition 84 Statewide Park Program Competitive Grant Funds For Riverside Park Development 6:34:48 PM Community Services Project Analyst Simerson and Assistant City Manager Sangiacomo presented the item. Recommended Actions) Adopt the resolution authorizing the application to the Proposition 84 Statewide Park Program for the Riverside Park Development Project. Public Comment Opened 6:48 pm Public Speaking to the item: Linda S Public Comment Closed 6:50 pm, M/S Landis/Baldwin to approve the Recc the following roll call vote: AYES: Coc Baldwin, and Mayor Thomas. NOES: None C. Report to City Council Council Discussion and Budget Process 6:54:11 City M and Ri City C d. Con Dis( 7:03 City prese nded Action.otion carried by embers Landis, Crane, Rodin, ENT: None. ABSTAIN: None. rf-TKM1 1- 1 nted the item. Recommended Action(s): Discuss cil received report. ation and Possible Adoption of Tax Sharing and Annexation :)n Principles for the County of Mendocino and the City of Ukiah :59 PM Manager Chambers presented the Draft Tax Sharing and Annexation docino and the City of Ukiah. item. Recommended Action(s): Adopt discussion Principles for the County of Public Comment Opened 7:10 pm Public Speaking to the item: JR Rose 7:10:51 PM; Robin Collier, Executive Director of Mendocino County Tomorrow and City of Ukiah resident; 7:14:39 PM Lisa Mammina 7:16:25 PM and Supervisor John McCowen. Public Comment Closed 7:21 pm M/S Landis/Baldwin to Adopt the Draft Tax Sharing and Annexation Discussion Principles for the County of Mendocino and the City of Ukiah. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 7:29:47 PM CC 2/17/10 Page 3 of 5 City Manager Chambers presented the item. Recommended Action(s): Adopt Resolution amending appendix to Conflict of Interest Code. /S Baldwin/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. Councilmember Baldwin requested that contractors for the city that are required to file conflict of interest statements be brought forward on a future agenda within the next 4 months for council review. 7:41:34 PM 12. COUNCIL REPORTS Councilmember Baldwin reported that at the Inlai (IWPC) meeting, he discovered that a water pun Mendocino County Water Agency to review Ukiah Assessment. He hopes City Council has the opporh was a negative reaction from the members of IWPC Control Board is doing regarding frost protection Finalization and participation in the feasibility study i well. Councilmember Baldwin's agend pollution for March 17, 2010; a 7:45:21 PM Councilmember conference in S give a presentat Councilmember LE For more informal also reported on Water and Power Commission or meeting had been called by illey Area Plan EIR Draft Water y to see that assessment. There what the State Water Resources the Russian River Watershed. > a topic at the IWPC meeting as requests: billboards in the valley; noise and light bilehome park rent stabilization for April 2010. attendance to a New Partners for Smart Growth the small town tour prior to conference and will in the future. 7:50:56 PM idis is participating on a local film contest for youth with Shop Local. on, Landis can be contacted through the City of Ukiah's website. indis also reported on the Economic Development Financing ) meat 'processing report and the effort to get the information out. d on an Eminent Domain Ad Hoc meeting for gathering information principles, and Councilmember Landis's agenda item requests: a resolution supporting conservation easement for 55,000 of proposition 84 monies at the next meeting and the city to write a letter of support for the biomass feasibility study requesting federal appropriations for the County of Mendocino. Mayor Thomas announced that on February 28 to June 20, 2010, the Grace Hudson Museum will have a Maynard Dixon exhibit. Mayor Thomas reported on the Ukiah Haiku festival happening in April 2010, entry deadline is this month, and more information available at www.ukiahaiku.org. Thomas also reported on his attendance at the firefighter's award dinner and has a copy of the presentation Peter Armstrong provided at that dinner if members of the council or staff would like to see it. 7:56:31 PM REPORTS13. CITY MANAGER/CITY CLERK a. Status - _Appropriations Mendocino for Support Letters Projects• CC 2/17/10 Page 4 of 5 City Manager reported on receiving an email from the County of Mendocino's executive office for support letters that are needed by February 23, 2010, with regard to 4 projects (biomass energy facility, a study of preconstruction issues related to a regional emergency operations and dispatch center study, funding of emergency generators to all airports, and improvements of county wide veteran's facilities) that they are putting together to make appropriation requests at the congressional level. City Manager Chambers will draft the letters for the mayor's signature. City Manager Chambers received a request from Congressman Mike Thompson's office for the City of Ukiah's appropriations requests. Chambers suggested replying with the same projects that were used for the American Recover and Reinvestment Act Funding application which were a water distribution system, well repairs, sanitary sewer overflow compliance project, and police cops funding. Adjourned to closed session and the Ukiah 14. CLOSED SESSION — Closed Session maybe held at any time during the meeting a. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Management Unit, 'and Miscellaneous Unit b. Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(b)(1) — Significant exposure to litigation (2 cases) 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 Reconvened in Open Session at 10:00 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 pm. JoAnne M. Currie, City Clerk CC 2/17/10 Page 5 of 5 ITEM NO.: 7a WAAWRLTRI R City aJ ukJ�ah March 3, 2010 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF OAK MANOR DRIVE WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process. The date of the bid opening for construction of the Gobbi Street well head and pump house was June 18, 2009. The contractor mobilized their equipment on site on July 13. Substantial completion of this project was November 10th. The time required from the bid opening to substantial completion of the Gobbi Street well head and pump house was approximately five months. Continued on Paae 2 Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Approved: �IhA-A--- LL-�L� J hambers, City Manager In the December 16, 2009 Agenda Summary Report, Item 7d, a best case schedule was developed assuming the Oak Manor well head and pump house bid in December 2009 and construction started no later than January. With this schedule it was possible the Oak Manor well (Well #8) would have been completed in May 2010. This completion date assumed a shortened bid period and no delays due to weather or other circumstances. Bids were issued on January 8, 2010. The revised schedule includes the January bid date and a 30 day noticing period with bids due February 9th. The lowest, qualifying bid was submitted by Wipf Construction in the amount of $377,000 and was approved by Council on February 17th. Construction is expected to begin in March depending on the weather. There needs to be 7 to 10 days of dry weather before the ground in dry enough to start construction. PT D . SUMMARY REPORT we March 3, 2010 SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING NORTHERN CALIFORNIA POWER AGENCY TO SERVE AS THE CITY'S DESIGNATED REPRESENTATIVE FOR FUNDING UNDER THE CALIFORNIA ENERGY COMMISSION'S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM AND RELATED CEQA FINDING SUMMARY: At its meeting on October 21, 2009, the City Council adopted a resolution identical to the resolution attached as Attachment 1 with one exception. The attached resolution includes a finding that the application for these American Recovery and Reinvestment Act (ARRA) grant funds is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). The prior version of the resolution was prepared by the Northern California Power Agency (NCPA). A similar resolution was adopted by NCPA itself and the other three cities NCPA is assisting in applying for and administering these grant funds. When NCPA submitted the resolutions to the California Energy Commission (CEC), it notified NCPA that it wants NCPA and each City to specifically find in the resolution that the funded projects are categorically exempt from environmental review under CEQA. In order to satisfy CEC and obtain the grant funds, NCPA adopted a revised resolution and is asking each City to adopt a revised resolution as well. As indicated in the prior ASR, NCPA and the City have applied to the CEC to use the City's share of the grant funding ($82,741) to replace 25 70-100 watt High Pressure Sodium (HPS) bulbs and 55 100-150 watt HPS bulbs in City street lights with 120 units of LED Roadway Lighting. The LED lights use much less energy and last longer than the HPS bulbs. The resolution also directs the Planning Director to file a notice of exemption with the Mendocino County Clerk as authorized by CEQA. The proposed use of these grants funds is categorically exempt under 14 California Code of Regulations §15301 as a Class 1 categorical exemption: "... repair, maintenance.... or minor alteration of existing public ... facilities .... involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." Continued on Paae 2 Recommended Action(s): Adopt the revised resolution attached as Attachment 1. Alternative Council Option(s): N/A Citizens advised: Requested by: Northern California Power Agency Prepared by: David J. Rapport, City Attorney Coordinated with: Mel Grandi, Electric Department Director, Jane Chambers, City Manager Attachments: 1. Resolution Approved: Jane Pambers, City Manager Fiscal Impact: Budgeted FY 09110 Amount Budgeted New Appropriation ® Not Applicable Source of Funds (title and #) 250.3301.250.000 Page Budget Amendment Required Additional Appropriation Requested 1. 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 2. California expects to receive approximately $85 billion from the Act, with $3 billion targeted for energy-related programs; and 3. The California Energy Com allocated more than $30 million of fui Conservation Block Grant bro2ram to efficiency projects 4. The City California Energy i mission, ;as the state's designated energy office, has been iding available under its Energy Efficiency and help small cities and counties install cost-effective energy use and greenhouse gases, and receive $82,741 of funding under this program, once the [ly adopts guidelines for the Energy Efficiency and Conservation Block Grant program on September 30, 2009; and 5. 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 6. 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 7. 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; and 8. NCPA and the City have applied to the CEC to use the City's share of the grant funding to replace 25 70-100 watt High Pressure Sodium (HPS) bulbs and 55 100-150 watt HPS bulbs in City street lights with 120 units of LED Roadway Lighting ("the Project"); and 9. The City Council has considered the application of the California Environmental Quality Act ("CEQA") to the Project; 1. 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. 2. 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. 3. In compliance with CEQA, the City finds that the approval of the Project is a "project" under CEQA that is categorically exempt under 14 California Code of Regulations § 15301 as a Class 1 categorical exemption: "... repair, maintenance, ... or minor alteration of existing public ... facilities ... , involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." 4. Pursuant to the City Council's above CEQA finding, the Planning Director is directed forthwith to file a notice of exemption with the County Clerk. PASSED AND ADOPTED by the Ukiah City Council on March 3, 2010, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk 2 P77 MEETING DATE: AGENDA SUMMARY REPORT 7c March 3, 2010 SUBJECT: REPORT PURCHASE OF DELL POWEREDGE R710 SERVER $9270.39 Background: The current City of Ukiah's network architecture utilizes separate servers for each business application. The existing systems are not being fully utilized. Simply adding additional applications on the systems would cause system instability due to application interactions and component refinances. Discussion: To provide a platform which allows the full utilization of our hardware through virtualization technologies without the risk of system stability the IT Department purchased a Dell PowerEdge R710 server from Dell Computers for $9270.39 from account 100.1965.800.000, Machinery & Equipment. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Fiscal Impact: Budgeted FY 09/10 ❑ New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $9270.39 Machinery & Equipment 100.1965.800.000 Recommended Action(s): Notification of purchase of Dell Power Edge R710 Server for the amount of $9270.39 from account 100.1965.800.000, Machinery & Equipment. Alternative Council Option(s): N/A Citizens advised: Requested by: Steven Butler, IT Supervisor Prepared by: Steven Butler, IT Supervisor Coordinated with: Sage Sangiacomo, Asst. City Manager Attachments: Approved: Janhambers, City Manager ACIL � MEETINGDATE: AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF SOLE SOURCE PURCHASE OF A NARCOTIC DETECTING DOG, IN THE AMOUNT OF $8,893.75, FROM MASTER K-9 INC. Background: At the January 20th, 2010 City Council meeting, the City Council authorized the re -budgeting of surplus police funds for the purpose of creating a Police Narcotic Canine program, and purchasing 2 Police Narcotic dogs. After receiving authorization, staff worked with narcotic dog experts within our region, who currently train and utilize narcotic dogs, to research and develop our department's narcotic detection dog program. Narcotic detection dogs undergo a lengthy training and certification process. Once trained, these dogs require weekly and monthly training to assure their reliability in detecting narcotics. Law enforcement agencies within our region have partnered together to provide the on-going detection dog training at significantly reduced costs through their cost sharing partnership, and contract with Master K-9 Inc., to provide these training and certification services. These agencies have agreed to include our agency in this on-going partnership, to reduce our on-going training costs in creating a narcotic dog program. Discussion: Because of the significant training and cost sharing savings associated in participating regional law enforcement narcotic detection dog training partnership, staff selected Master K-9 Inc., for the purchase and training of our first narcotic detection dog. The department is expected to take delivery of our first narcotic detection dog in early March. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Fiscal Impact: ❑ Budgeted FY 09/10 ❑ New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $20,793 Police Capitol Equipment 105.2001.800.000 None Recommended Action(s): No action required, notification of sole source purchase, in the amount of $8,893.75, from Master K-9 Inc., from account 205.2001.800.000. Alternative Council Option(s): Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: None Approved: 66,_�_ Jan ambers, City Manager ITEM NO.: 7e FETING DATE: March 3, 2010 SUBJECT: ADOPT CITY OF UKIAH ORDINANCE AND VERY HIGH FIRE HAZARD SEVERITY ZONE MAP FOR THE PURPOSE OF ESTABLISHING A VERY HIGH SEVERITY ZONE IN THE UKIAH CITY LIMITS. As a result of the loss of life and property in the 1991 Oakland Hills fire, State of California legislation was approved that required the State to identify Fire Hazard Severity Zones in which to implement ignition resistant building standards, defensible space standards and seller disclosure standards, to mitigate and reduce the intensity of uncontrolled fires. In 2006, CALFIRE began a periodic review and update of the Fire Hazard Severity Zones throughout the State of California, pursuant to the legislative requirements. In July of 2009, the Mendocino Unit of CALFIRE met with the City of Ukiah Fire Department to begin the process of creating the Very High Fire Hazard Severity Zone located within the City limits. The purpose of designating areas as Very High Fire Hazard Severity Zones is to establish minimum standards for the protection of life and property by increasing the ability of buildings within the zone to resist wild -land fires, or burning embers as a result of wild -land fires. The enhanced building standards required for the Very High Fire Hazard Severity Zone have been established in the 2007 California Building Code (24 CCR Pt. 2 Chapter 7a) and these standards have been previously adopted by the Ukiah City Council. At the February 17th 2010, City Council meeting, a proposed City of Ukiah ordinance and Very High Fire Hazard Severity Zone map were introduced for adoption. Discussion: State law requires the Director of CALFIRE to identify areas which are Very High Severity Zones based upon a number of factors which contribute to the significant risk of fire. A number of areas have been identified within the City limits of Ukiah, to be Very High Fire Hazard Severity Zones. Continued on Page 2 Recommended Action(s): Adopt the proposed City Ordinance and Very High Fire Hazard Severity Zone map, for the purpose of establishing a City of Ukiah Ordinance to adopt a Very High Fire Hazard Severity Zone within the Ukiah City limits. Alternative Council Option(s): N/A Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: Map of Proposed Very High Fire Hazard Severity Zone, Proposed City of Ukiah Ordinance. Approved: Jane ambers, City Manager Subject: Adopt the proposed City Ordinance and Very High Fire Hazard Severity Zone map for the purpose of establishing a City of Ukiah Ordinance to adopt a Very High Fire Hazard Severity Zone within the Ukiah City limits. Meeting Date: March 3, 2010 Page 2 of 2 The City of Ukiah is required by State law, to make this information available for public review, and comment. A public review process was conducted from August of 2009 through February of 2010, and comments were presented to the City Council as part of the February 17th 2010 Council meeting. After completing a Public Review period, the City of Ukiah is required by State law, to adopt the State designated Very High Fire Severity Zones through a City Code Ordinance, with any modifications it deems necessary to the mapped area, consistent with the evidentiary findings required in CA Gov. Code Section 51179. Based on the comments received from property owners and the initial recommendations from CALFIRE, staff introduced a proposed Very High Fire Severity Zone map and City Ordinance for Council adoption at the February 17th 2010 Council meeting. The proposed City Ordinance and the map designation of the Very High Fire Hazard Severity Zone will subject property owners within the designated zone to the provisions in the California Government Code sections 51175 through 51189. These sections of the State law contain requirements for creating defensible space, enhanced building code requirements, and disclosing the fact that the property is located within a Very High Fire Hazard Severity Zone to prospective purchasers, among other requirements. Recommendations: Adopt the proposed City Ordinance and Very High Fire Hazard Severity Zone map, for the purpose of establishing a City of Ukiah Ordinance to adopt a Very High Fire Hazard Severity Zone within the Ukiah City limits. Fiscal Impact: Budgeted FY New 08/09 Appropriation Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested ORDINANCE NO. 1122 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH RENUMBERING ARTICLE 2 OF CHAPTER 3 OF DIVISION 6 OF THE UKIAH CITY CODE AS ARTICLE 3 AND ADDING A NEW ARTICLE 2, COMMENCING WITH SECTION 5205, TO CHAPTER 2, DIVISION 6 OF THE UKIAH CITY CODE, DESIGNATING HIGH FIRE HAZARD SEVERITY ZONES. SECTION ONE: The City Council of the City of Ukiah hereby ordains as follows. 1. Article 2 of Chapter 3 of Division 6 of the Ukiah City Code, commencing with Section 5210, is hereby renumbered as Article 3 of Chapter 3 of Division 6 of the Ukiah City Code. 2. A new Article 2 is hereby added to Chapter 3 of Division 6 of the Ukiah City Code to read as follows. DIVISION 6: SAFETY CHAPTER 3: FIRE PREVENTION ARTICLE 2: DESIGNATION OF VERY HIGH FIRE HAZARD SEVERITY ZONES §5205: STATEMENT OF PURPOSE: California Government Code Sections 51175-51189 requires the City of Ukiah ("City") to designate and adopt fire hazard zones. Under the 2008 California Building Code adopted in the City new construction in the Very High Fire Hazard Severity Zones must consist of noncombustible exterior materials and comply with other requirements to address the high fire hazard in those zones. The California Department of Forestry and Fire Protection forwarded a map identifying the Very High Fire Hazard Severity Zones in the City of Ukiah. Government Code Section 51179 requires the City to adopt the map by ordinance within 120 days of receipt of the map from the Department of Forestry and Fire Protection. The purpose of this Article 2 is to comply with state law by adopting the map from the Department of Forestry and Fire Protection as the Very High Fire Hazard Severity Zones in the City of Ukiah. §5206: ADOPTION OF MAP DESIGNATING THE VERY HIGH FIRE HAZARD SEVERITY ZONE FOR THE CITY OF UKIAH: This Section shall be known as the Very High Fire Hazard Severity Zone ("VHFHSZ") regulations and is adopted pursuant to the requirements of Government Code Section 51175. The area described as a VHFHSZ has been recommended by the Director of the California Department of Forestry and Fire Protection. The City of Ukiah VHFHSZ is designated on the Map titled: City of Ukiah VHFHSZ, dated , 20_, and retained on file at the City of Ukiah and which shall also be retained on file at the office of the State Fire Marshall. §5208: ENFORCEMENT BY BUILDING OFFICIAL AND FIRE MARSHALL: The Building Official and the Fire Marshall shall enforce the provisions of Chapter 47 in 24 CCR, Part 9 (California Fire Code), and Chapter 7A in 24 CCR, Part 2 (California Building Code) in all Very High Fire Hazard Severity Zones. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on February 17, 2010, by the following roll call vote: AYES: Councilmember Landis, Crane, Rodin, Baldwin, and Mayor Thomas NOES: None ABSENT: None ABSTAIN: None Adopted on March 3, 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JoAnne Currie, City Clerk 2 Benj Thomas, Mayor Am • 4W__ MEETING DATE: March 3, 201 it SUMMARYCity of uki AGENDA . SUBJECT: AWARD BID TO STELLA JONES FOROF POWER POLES FOR THE DISTRIBUTION POLE REPLACEMENT PROJECT AND FOR STOCK IN THE AMOUNT• „ $50,305.57. Staff is requesting authorization to purchase 71 power poles in the amount of $50,305.57. A request for bid was sent to six (6) companies. Three companies responded. A copy of the bid tabulation is included. Sixteen poles are for the Pole Replacement Project and the funds have been approved by Council and are available in 800.3728.800.000. The remaining 55 poles are to replenish stock. Since this part of the purchase is for inventory, it will be charged to the inventory account 800.131.002, and expensed to 800.3728.690.000 when used. Inventory is maintained to ensure availability of critical equipment and reliability of the electrical system. Staff is recommending award of bid to Stella Jones for the purchase of 71 power poles in the amount of $50,305.57. Fiscal Impact: ® Budgeted FY 09/10 F-1 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Account Number $ 80,000 800.3728.690.000 Overhead Maintenance - Supplies $546,369 800.3728.800.000 Overhead Maintenance - Capital Recommended Action(s): Approve award of bid to Stella -Jones Corporation for the purchase of utility distribution poles for the Utility Pole Replacement Project and for inventory replenishment in the amount of $50,305.57. Alternative Council Option(s): (1) Reject Bids; (2) Provide Staff with other direction. Citizens advised: n/a Requested by: Mel Grandi, Electric Utility Director Prepared by: Mary Williamson, Purchasing Assistant Coordinated with: Mary Horger, Purchasing Supervisor Attachments: Bid Tabulation Approved: Jane,Chambers, City Manager 7owerPoles•Tabulations Description Stell -Jones Penta Bell Lumber I HD Supply -Benicia 25', C3 Cedar Poles 5 217.00 1085.00 221.00 1105.00 316.00 1580.00 332.60 1663.00 35', C3 Cedar Poles 5 401.00 2005.00 408.00 2040.00 497.00 2485.00 523.16 2615.80 45', C3 Cedar Poles 15 590.00 8850.00 601.00 9015.00 757.00 11355.00 796.80 11952.00 50', C3 Cedar Poles 24 692.00 16608.00 705.00 16920.00 1022.00 24528.00 1075.75 25818.00 55', C3 Cedar Poles 22 805.00 17710.00 820.00 18040.00 1058.00 23276.00 1113.65 24500.30 SubTotal 46258.00 47120.00 63224.00 66549.10 Tax 4047.58 4123.001 5532.10 5823.05 51243.00 68756.10 72372.15 C) ZZ M z ITEM NO.: 7g MEETING DATE: City 0 AGENDA SUMMARY REPORT UPDATE •' ON • . DECLARATION REGAR• DROUGHT 4VEnUIATER SHORTAGE 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 1, 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. 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 Continued on page 2 Recommended Action: 1. City Council receive the status report on water shortage emergency 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, Water and Sewer Division, Lauren McPhaul, Water/Sewer Program Coordinator Attachments: Attachment 1 — Resolution Attachment 2 — Letter to SCWA Approved: Jan hambers, City Manager Subject: Drought and Water Shortage Status Meeting Date: March 3, 20010 Page 2 of 2 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). On October 27, 2009 the County of Mendocino Water Agency discussed the current water storage situation in the Ukiah Valley. The discussion led to the consideration of repealing the County emergency order for all water purveyors to limit water usage by 50%. The Agency was not comfortable with the language in the repealing order as prepared by staff and requested staff to bring the order back for adoption at the next regularly scheduled meeting. On November 3, 2009 the County of Mendocino retracted the 50% conservation requirement. However, the Board of Supervisors recommended that each water district strive to achieve 25% conservation on a voluntary basis. The City of Ukiah in the coming weeks must consider how to address this voluntary request by the County of Mendocino. On its regularly scheduled November meeting Millview Water District lifted water restrictions to their customers. They have advised City Staff that this may change based on rainfall and other contributing conditions. Updated Staff Actions Staff has continually monitored this issue in response to the City Council concerns about this emergency and the length of time that it has been in effect. On December 16, 2009 City Council repealed the mandatory water rationing however, Stage I voluntary rationing is still in place. The lake storage has been steadily rising since the middle of January and is now 72,876 acre-feet. This lake storage is slightly lower than average for this time of year. However, the state is predicting a dry year so staff recommends the continuation of the voluntary conservation measures. The recent rainfall has made a substantial impact on the storage. It should be noted that the construction of the Oak Manor Well (well #8) will be starting soon. The construction contract has been awarded by the City Council. It should be noted that City Staff is also monitoring the Draft Ukiah Valley Area Plan Water Supply Assessment report. The County staff is in the process of setting up a meeting for all the valley water purveyors to discuss the draft report. ATTACHMENT --L_ RESOLUTION NO. 2009-17 RESOLUTION OF TBE CITY COUNCIL OF TBE CITY OF U19AH DECLARING A LOCAL ENIERGENCY PURSUANT TO TBE EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF THE UIUAII CffY CODE 1. Lake Mendocino and the Russian River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches; and 3. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April — June is 4.8 inches; and .5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6, Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and ' 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ('SVVRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency (",9CWA!-) to reduce in -stream flows in the Russian River to 75 cf1s from April 6-Ame 30, 2009 and to as low as 25 efs 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 I June 30, 2009; and 11. The order approving temporary, changes to the minimum in -stream flows required by the appropriative rights permits issued to SCWA is subject to several 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, equipmeA and facilities of individual local governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide'mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code §§ 9631-96-34); and 15. In a declared local emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency, and 16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate provisions of Division, 4, Chapter 1, ArHole 11 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 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in Lake Mendocino; and ' 19. Stage H and HI 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 IH emergency, and 9 20. The City can declare a Stage H or Stage H emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate reduction in the use of Russian River water or in water use generally to meet the available supply; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares a local emergency due to dr6ught under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Ukiah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 C'Conservation Period', and to report back to the City Council at each City Council meeting held during that same time period on the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a Stage II or 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 R or 111 Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the State Water Resources Control Board; c. to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis-, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E.$aldwin, Mayor • ATTEST; Liza d baro— ity Clerk April 28, 2009 0 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. 1 do not know when your letter was received by the City of Ukiah, but it arrived- at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources *Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current drought conditions directly to my office, as that will assist us in making timely -replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced since -2004 by 13%. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use, Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please find the City of Ukiah's Water Conservation Program which outlines current activities the City is taking to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City of Ukiah must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wells 43 and #4. The Ranney and Well #3 draw water from an alluvial zone along the Russian River, The pumping capacity of both the Raiin�ey 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 A, 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: wwwcityofukiah.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, L-- I - ane A. Chambers City Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 Annual Water Use MG 2008 1192.968 2007 1219.964 2006 1248.424 2005 1223.542 2004 1345344 April May June July August Sept. Oct. Total MG ac -ft April May June July August Sept. Oct. Total MG ac -ft City of Uldah Water Use -11.4% 2008/2004 -9.3% 2007/2004 -7.2% 2005/2004 -9.1% 2005/2004 1036.266 904.385 902.866 -23yo -13% 3180 2775 2768 Diversion Volume (MG) 2004 Water Use (MG) 2008 2009 2007/2004 2004 2007 2008 2009 2007/2004 2008/2004 96.743 87.507 87.865 -10% -9% 245.402 121-505 132.345 -16% -9% 162.897 149.782 143.469 -8% -12% 185.876 164.473 158,899 -12910 -15% 179.326 162-859 157,056 -9% -12% 156.798 134.481 130,508 -14% -17% 109,224 83.777 91.724 -2390 -16% 1036.266 904.385 902.866 -23yo -13% 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 57.046 27.598 62.754 -52% 10% 112.803 72.833 111.365 -35% .1% 129.493 109.976 102.115 -15% -21% 132-935 105.631 109.09 -20% -17% 126.768 104.658 101.593 -17% -20% 117.755 88.134 85.313 -25% -28% 96.734 72.864 73.465 -25% -24% 772,534 581.694 645.695 -25% 2371 1785 1982 -15% The City of Ukiah Water Conservation Program 2009 The unpredictability of its water supplies and ever Increasing demand on California's complex water resources have resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other Interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to Implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMIVIS as defined In the MOU are generally recognized as standard definitions of water conservation measures. 1. CUWCC Demand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late 1970's. During the past five years, the City has expanded its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.4% in 2008 compared to 2004. Currently, the City's conservation program Includes the following DMMs: DMM 1. Water survey programs for single-family residential and multi -family residential connections. The City tests customer meters upon request and instructs customer's in how to use their water meter to determine if there is a leak on the demand side of the meter. The City provides toilet leak detection tablets to customers. DMM S. System water audits, leak detection, and repair. The City performs leak detection and repair on an ongoing basis. The City, also, calculates system water losses annually and reports this Information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City Is currently replacing old meters In the system. The new meters will provide a more accurate reading of water use within the City. The City recently went through a rate re -structuring that is believed will reduce water uses in the future. DMM S. Large landscape conservation programs and incentives. The City's Planning Department reviews all landscape plans proposed for new developments, Included in the City's Municipal Code is a requirement for all landscape planting to be "those which grow well in Ukiah's climate without extensive Irrigation." City staff reviews the water use of its top 5 water users and holds meetings with them on a re9blar basis to discuss landscape conservation programs. DMM T. Public information programs, The City believes public awareness of water conservation issues is an important factor In ensuring a reliable water supply. The City promotes public awareness of water conservation through occasional bill stuffers, distribution of the Consumer Confidence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional Information at local expositions and fairs, and on the City website advertised to the community on a banner across a City thoroughfare. The City also provides free of charge water conservation yard signs to encourage minimal use of water for lawn Irrigation. Water conservation Information and assistance Is routinely provided to the public by the water utility maintenance staff and meter readers while in the field. Field staff receives conservation training to better assist customers and promote conservation. Door hangers are used to remind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. RILImiwim M., vmm��� City staff presents Information on water conservation to elementary school children In the classroom. The City offers local schools tours of Its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and institutional accounts The City has only two industrial customers: Maverick Industries and Red Tall 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. I DMM 11. Conservation pricing. In 2005, the City Increased and re -structured its water rates to encourage more conservation, The City has simpliff ad 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 an the water system. DMM 12. Conservation Coordinator. The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator is responsible for implementing and monitoring the City's water conservation activiftes. In practice, the City's water conservation program includes the efforts of the Conservation Coordinator and all staff. DMM 13. Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customers premises ... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. if the condition is not corrected within five days after the written notice, service may be discontinued If necessary. DMM 14. Residential ULFT replacement programs. Since October 1992, the sale of toilets using more than 1.6 gallons per flush has been prohibited by State and Federal regulations. These regulations are enforced in the City. If. Additional Water Conservation Measures In addition to the DMMs, the City has also taken the following actions: 1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the use of waterless urinals in all City facilities and in the publio sector. The use of these urinals has received very positive feedback from Facilities staff who would like to install these in the Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Agencies, and the Sonoma County Water Agency. 3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it impacts water -related issues. The City Council reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. Ill. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of Its water utility. A tiered Inclining block rate structure and excess use charge are being evaluated to -encourage water conservation. The City has submitted a pre -application to the State Water Resources Control Board State Revolving Fund to construct a recycled water system. The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.6 MGD In the winter of Title 22 unrestricted use recycled water. Other immediate and long-term conservaflon measures include: - Installation of waterless urinals and dual flush toilets in all City buildings (immediate) Sign the California Urban Water Conservation Council's Merhorandurn of Understanding Regarding Urban Water Conservation and implement the 14 best management practices (long term) a Water efficiency standards for new single-family development (long term) • Water -efficient landscaping (long term) • Water waste ordinance prohibiting: (immediate) i. gutter flooding 2. carwash fundraisers 3. non -recycling decorative water fountains 4. breaks or leaks in the water delivery system • Incentives for Retrofits (long term) i. low flow shower heads 2. toilet displacement devices B. toilet flappers 4. faucet aerators s. high efficiency washing machines 6. ultra-low flow toilets ITE NO.. 7h Z19ACT, " 9� March 3, 2010 SUBJECT: AWARD PURCHASE OF LIQUID SODIUM HYPOCHLORITE SOLUTION TO SIERRA CHEMICAL COMPANY AT THE UNIT PRICE OF $0.745 PER GALLON, AWARD PURCHASE OF SODIUM BISULFITE 25% TO BRENNTAG PACIFIC, INC. AT THE UNIT PRICE OF $796.00 PER DRY TON, AND AWARD PURCHASE OF LIQUID FERRIC CHLORIDE TO KEMIRA WATER SOLUTIONS, INC. AT THE UNIT PRICE OF $735.00 PER DRY TON. Submitted for the City Council's consideration and action is staff's recommendation to approve the purchase of the following chemicals: 1. Approximately 100,000 gallons of 12.5% Liquid Sodium Hypochlorite Solution awarded to Sierra Chemical Company at the unit price of $0.745 per gallon. 2. Approximately 25 tons of Sodium Bisulfite 25% awarded to Brenntag Pacific, Inc. at the unit price of $796.00 per dry ton. 3. Approximately 160 dry tons of Liquid Ferric Chloride awarded to Kemira Water Solutions, Inc. at the unit price of $735.00 per dry ton. Bids for these chemicals were requested from 21 companies. Please see Attachment #'s 1, 2, and 3 for a summary of companies that responded. All three chemicals will be used at the Wastewater Treatment Plant. The 12.5% Liquid Sodium Hypochlorite Solution is used for the disinfection of wastewater effluent. The Sodium Bisulfite 25% is used to dechlorinate wastewater effluent prior to river discharge. The Liquid Ferric Chloride is used as a coagulant for the treatment of wastewater effluent in the Advanced Waste Treatment process units. Funds have been budgeted and are available in fund 612.3580.520.000. Fiscal Impact: Budgeted FY 09/10 F] New Appropriation FXI Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $142, 464.00 WWTP, Chemicals 612.3580.520.000 NIA Recommended Action(s): Award the purchases as recommended. Alternative Council Option(s): Reject specific bids, or all bids, and provide direction to Staff. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works and Ann Burck, Deputy Dir., W/S Div. Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Andrew T. Luke, Wastewater Treatment Plant Supervisor Attachments: 1, 2 and 3 — Bid Tabulations Approved: LTnt4u --L,4 Jane hambers, City Manager (21�t� Of LIOZ'2 h 300 Seminary Avenue Ukiah, California 95482 BID TABULATION February 25,2010 BID OPJENIN Liquid Sodium Hypochlorite jr I �T-r WST, MIJAM Sierra Chemical Company 2302 Larkin Circle Sparks, NV 89431 2. Brenntag Pacific, Inc. 10747 Patterson Place Santa Fe Springs, CA 90670 A77ACHA4cN7" $0.745 per gallon Brenntag Pacific, Inc. 860 Wharf Street Richmond, CA 94804 3. Sierra Chemical Co. 2302 Larkin Circle Sparks, NV 89431 CATY OF L/U,[Af-f 300 Seminary Avenue Ukiah, California 95482 BID TABULATION February 25, 2010 BID OPENING Sodium Bisulfite 25% (Approximately 25 Tons) f11 k, I h d:j a $796.00 per dry ton $813.25 per dry ton A!F c�t� of L'tfz'ah 300 Seminary Avenue Ukiah, California 95482 ATTACHMENT BID TABULATION February 25, 2010 BID OPENING Liquid Ferric Chloride (Approxim ately 160 Dry Tons) Kemira Water Solutions, Inc. 3211 Clinton Pky. Ct. #1 Lawrence, Kansas 66047 2. Sierra Chemical Company 2302 Larkin Circle Sparks, NV 89431 3. Univar USA Inc. 8201 South 212th Street Kent, WA 98032-1994 4. Brenntag Pacific, Inc. 10747 Patterson Place Santa Fe Springs, CA 90670 $735.00 per dry ton $953.61 per dry ton Aeft ITEM NO.. 2010 MEETING DA D. SUMMARY - MIS i I'll III Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the purchase of a Vanguard EZCT Test Set from Tarbell Associates in the amount of $9,971.25, including tax and freight. City staff requested bids from 2 companies that could provide the specified test sets. A bid tabulation of the two bidders that responded is below for Council's review. Bidder Total Price (tax included) Vanguard Instruments Company, Inc. c/o Tarbell Associates $ 9,971.25 (freight included) $15,551.25 (freight not included) The Vanguard EZCT test set is needed by the Electric Department to test current transformers (CTs). This equipment will be used for acceptance testing of new CTs, accuracy verification and system reliability investigation. Applications include testing of revenue metering, hydro -electric plant control systems and metering and protection systems at the Gobbi Electric Substation. Funds from account 800.3642.800.000 for Fiscal Year 2009-2010 were specifically budgeted and available for this purpose. Fiscal Impact: ® Budgeted FY 08/09 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number $30,000 Station Machinery/Equipment 800.3642.800.000 Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY Alternative Council Option(s): None Needed Citizens advised: NIA Requested by: Mel Grandi, Electric Utility Director Prepared by: Mary Williamson, Purchasing Assistant Coordinated with: Jane Chambers, City Manager Attachments: NIA Approved:`-`,'% ao Chambers, City Manager h VVWW. Q I kion ka Pkep. opq ' March 3, 2010 To: Merdocino County Board of Supervisors and the Fort Bragg City Council (in particular) Mayor Doug Hammerstrom and city Manager Linda Ruffing who were there in the beginning and got the ball rolling. Jere Melo, Linda Ruffing and Dave Turner attended the Blue Ribbon task force meeting and tour of our coast on Tuesday 03 02 2010. At the County - Steve Dunicliff, Dave Colfax, and Kendall Smith, very much deserve thanks as deep as the ocean! Re: The Marine Life Protection Act Initiative process. Fr: Albion Harbor Regional Alliance AHRA email A sincere thank you to everyone mentioned above and those names who were missed. We could not have done it without you. Many THANKS to all of you who were involved in writing letters , placing phone calls and attending council meetings to bring to the attention of the F&G Commission , BRTF AND MLPAI Team that the southern portion of Mendocino County needed stakeholder representation. All of your efforts have been rewarded with two additional stakeholders being added to the North Coast Regional Stakeholder Group - Jim Burns the Noyo Harbor Commissioner and Bruce Campbell, Commercial Dock Weighmaster, and Manager of the Albion River Campground. Albion has finally received the much needed representation that was lacking in the original stakeholder selection We will continue to convey to the remaining southern portion of the county information, maps and details as the MLPA progresses through the next 8 months. From April 2010 to October 2010 will determine the extent of MPA closures Mendocino may face and the related social and economic impacts that would follow. The coast from Pt. Arena south was in the North Central Coast Study Region and has already been pro.-essed through the MLPA Initiative, there is effort shift of fisheries from commercial urchin take, recreational sport diving for abalone, salmon fishing and rock fishing and seaweed harvesting. Effective April 1St 2010 new closures in Mendocino County (HTML) View 59kb PDF with links organized by region to DFG and Dept of Fish and Game We thank you again for all your efforts, without such we might still be looking for support. If I have missed anyone, please mention this letter and the fact that the County as a whole stood up for its constituents when it counted. Sincerely, Bruce Campbell Mgr. Albion River Campground Member: Albion Harbor Regional Alliance Member: Marine Life Protection Act Regional Stakeholder Group 2 CITY OF POINT ARENA INCORPORATED 1908 li eb.8 2010 Dear Mendocino County Supervisors, Please consider changing your letter of recommendation for additional MLPA stakeholder representatives to include Bruce Campbell from Albion Harbor. The ports of Point Arena and Albion do not have adequate representation in the current makeup of stakeholders and it is my opinion that without RSG members from the Southern Boat launch facilities we have NO voice at the table! Additionally you need to be aware of the existence of a special Albion harbor interest group, who also fails to have a representative in the RSG. We would be pleased to work closely with Bruce and feel that our common interests will be heard at the discussion table if he were to become a stakeholdergroup member. Thank you for your consideration in this important matter. Sincerely, Peter Bogdahn City of Point Arena Pier Supervisor 45I SCHOOL STREET AJUC , POST OFFICE BOX 67 /uu"z- POINT ARENA IUTC CALIFORNIA /UUC 95468 TELEPHONE (707)882-2122 luuC . FAX (707)882-2I24 JC/C/C EMAIL PTARENAC MCN.ORG To the Point Arena City Council, February 15, 2010 Re: Proposal for the formation of an MLPA Committee: The North Coast Study Region MLPA Initiative is underway. The area in the southern end of Mendocino County will already be greatly affected by the implementation of four Marine -life Protected Areas (MPAs) within a seven mile radius of Arena Cove. These MPAs will go into effect April 1, 2010. There is a distinct possibility that additional MPAs will be enacted in the North Coast Study Region beginning about seven miles to the north of Arena Cove. It is in the City's best interests to be an active participant in the MLPAI process. One way of enhancing the City's participation would be the formation of a committee dedicated to this issue. There are many reasons to have such a committee. Here are some of them: 1) It is not possible for the City to keep up with the rapid pace of the MLPAI process within its current practice of monthly regular meetings. A Committee with enough authority to send and receive communications and the ability to request emergency City Council meetings on short notice, if and when they deem it necessary, is essential for the rapid response sometimes required by the MLPAI process. 2) The title of "City of Point Arena MLPA Committee" would add legitimacy and power to future interactions; in meetings, correspondence, and press releases. 3) The Committee will increase the chance of getting better representation to support the best interests of the majority of the residents of the City of Point Arena and the outlying ccmmunities associated with the City. 4} The Committee will better allow participation in the "Mendocino County MLPA Program Outreach" whose staff is funded by RUT through the County of Mendocino. 5) The Committee members will serve as a community source of up -to date information and a local line of communication about the MLPAI process. I suggest that the committee be made up of at least the following members: A) Two City Council members, one of whom is the Port Commissioner Bp The Pier Supervisor CP An experienced local advocate familiar with the MLPA and currently involved in the process D`, Any other representative(s) of local interest groups that the Council deems appropriate The Charge of the committee would be to: 1) Represent the City's best interests concerning the MLPA at meetings and in communications 2) Compile up-to-date information as it is released from the various sources to be available to the public — perhaps at the Point Arena Library. 3) Keep the City Council informed of the MLPAI process with reports at meetings. I suggest the most immediate objectives should be: A) Send letters of introduction to various entities involved in the MLPAI process with requests to include the Committee in communications. This would include a formal request for electronic and hard copies of all MPA proposals as soon as they are made available to the public. B) Send letters of introduction to selected RSG (Stakeholders) with invitations to meet with the committee and City Council. C) Send a letter to the "Mendocino County MLPA Program Outreach" staff requesting a staff member to come to meet with the Committee to discuss local participation in the program. D) Clearly define the Best Interests of the City in terms of the addition, deletion and/or design of proposed MPAs within the North Coast Study Region to the north of Point Arena. E) Establish a Calendar to keep the City informed of upcoming MLPA events. Allan Jacobs (707) 882-2455 P.O. Box 33 Point Arena, Ca 95468 gbcottagegmc, n.org Km51'I FURMAN Clerk of the Board February 9, 2010 COUNTY OF MENDOCINO BOA RD OF SUPERVISORS 501 Low Gap Road . Room 1090 Ukiah, California 95482 California Department of Fish and Game Director John McCamman MLPA Blue Ribbon Task Force Chair Cindy Gustafson Marine 1_ife Protection Act Initiative c/o California Resources agency 1416 Ninth Street, Suite 1311 Sacramento, CA 97814 TELEPHONE: (7C°7) 463-4221 FAX: (7C 7) 463-4245 F'mm1.: bos@co.mendocinoxams wivw.co.mendocin_}.ca.us/ bas Re: Regional Stakeholder. Group Appointments for Menclocino County Deer Director NlcCamman and Chair GU5tafs(1I1: On February 6, 2010, the County received communication from the iMarine 1_ile Protection Act Initiative (3LPA1) which indicated Jim Bassler, a commercial fisherman, had beef] added to the Regional Stakeholder Group (RSG). The 1%,lendocino County Board of Supervisors thanks the 1rI1-PA1 for this action. It is the understanding of the Board that the RSG appointments for the North Coast Study Region are selected with the goal sof achieving a balance of both diversity and represer_tation, from a Nvicle spectrum of interests and gcogralihic perspectives. With the recent nomination of k1r. Bassler, the RSG appointments for Mendocino County include 3 educators, 3 tribal represenui tines, 1 ornithologist, 1 commercial fisherman, and 3 individuals with experience in seaweed harvesting, sea urchin dic=ing and processing, and recreational fishing. This 13oard enclorsed 14 of the 23 nominees from Mendocino County, 6 of the nominees we erclorsed have been appointed, and they join five others who either submitted nomination letters by the November 30, 2009, deadline, or were directly recruited by the MLPAI staff. We are concerned that the slate of RSG appointees for Ntendocino County does not adequately represent the diverse interests of our county. The appointment of additional stakeholders, representing critical interests which currently appear underrepresented or completely ornitted, will ensure that a more compre7ensive cross-section of our community is able to participate in this process. This enhanced divers_ty will ultimately lead to a Better final product. THE BOARD OF SUPERVISORS CARRE�.13ROWN JOHN MCCOWEN JOHN PINCHES KENDALL SMITH J. DAVIr-COLFAX First District Second District Third District Fourth District Fifth District Regional Stakeholder Group Appointments for Mendocino County Page 2 of 2 1) The southern portion of Mencocino County, from Little River to Gualala, has no representation. 1 -his area encompasses a coastline about 40 miles in length, which is essentially equal to the entire length of Del Norte County's coastline (an area with 8 designated representatives). The county's southern coastal area includes the historic and economically significant ports of Arena Cove and the Albion Harbor Complex, in addition to a half dozen campgrounds, the City of Point Arena, and the coastal communities of Gualala, Anchor Bay, Manchester, Eliz, Albion, and Little River. As you are aware, the southern coastline of Mendocino County has already been impacted by the adoption of arrays submitted through the North Central Coast Study Region. These impacted communities desperately need direct, local representation in the RSG. Albion residents anal RSG nominees, Mike Carpenter and Bruce Campbell, have met or exceeded the RSG selection criteria. Both individuals represent a number of community interest groups, have made exemplary efforts to disseminate information about the \MLPA to constituents without internet access, have enabled dozens of other constituent consultations, and have consistently attended meetings sof the \Mendocino Ocean Community Alliance (1\40CA) external array working group. The appointment of IMr. Carpenter and Nit, Campbell to the RSG would address the need for southern coast representation. 2) Even with the NILPAI's recent nomination of ,Jim Bassler, there is limited Mendocino County representation for commercial crab, salmon, and nearshore permit holders. Stakeholders 4vkh this unique background have invaluable knowledge regarding seasonal trends in fish and invertebrate POPUlations (abundance and distribution), and rare oceanic events typically experienced only by individuals actively working in the commercial sector. The expert witness many of these individuals are able to provide is gleaned from literally thousands of clays working on the ocean, covering a \vide oceanographic area. The appointment of RSG nominee Tom Estes would -enable the continued participation of a commercial groundfish and large -boat crab fisherman who has reliably participated in external array working group meetings, and given testimony to the Science Advisory Team and Blue Ribbon Task Force. &1r. Estes would also bring specific valuable experience to this process, gained as a regional stakeholder in the North Central Coast Study Rcgion. 3) Del Norte and Humboldt County Harbor Districts are represented on the RSG. IMenclocino County's Noyo Harbor District is not. This representation on the RSG could be attained through the appointment of •Jim Burns, Noyo Harbor Commissioner, or a similar delegate. The. Board appreciates your consideration of this recluest, and encourages you to contact us c.irectly with any questions regarding this letter. Sincerely, Curre Brown, Chair Mendocino County Board of Supervisors Incorporated August 5. 1889 _._ ...._.... _..__..__.-. -.. --. -- Franklin t. --------- Fort Bragg, CA 95437 Phone: (707) 961-2823 Fax: (707) 961-2802 http://city.fortbragg.com February 10, 2010 Honorable John McCamman, Director California Department of Fish and Game 1416 Ninth Street Sacramento, CA 95418 : Marine Life Protection Act Implementation Representation for the Port of Albion on the North Coast Regional Stakeholder Group Dear Mr. McCamman: The Fort Bragg City Council respectfully requests that you appoint a representative to the North Coast Regional Stakeholder Group (RSG) from the Albion area of Mendocino County. Four persons from that port followed the nomination process set out by the MLPAI, and all were passed over. The implementation of the MLPA is of paramount importance to our local communities. On February 6, 2010, you appointed Mr. Jim Bassler from. Fort Bragg to fill a commercial fisherman slot on the RSG, an action we applaud. The port of Albion needs similar recognition, as this port represents more than 35 miles of ocean access that has no current representation on the RSG. MLPAI staff has repeatedly praised the process as being public and open. Yet, there are many deviations from the announced process. For the North Coast RSG, a specific process with deadlines was established for nominations, interviews and appointments. This process was not used in the appointment some RSG members, which points to a lack of transparency and bias that undermine the integrity of the entire MLPAI. This is a very serious problem, and the MLPAI will continue to suffer from a lack of public trust until a truly open and public process that considers local communities is imposed. The RSG has just concluded its first meeting. We respectfully request that you appoint a representative from the Albion area, one of the persons who followed the nomination process, to ensure real perspectives from that area. Thank you for your attention to this request. Meg Courtney Council Member [Tan Gjerde Council Member CC: Senator Pat Wiggins Assembly Member Wes Chesbro Carre Brown, Chair, Mendocino County Board of Supervisors Fred Euphrat, Joint Committee on Fisheries and Aquaculture Ken Wiseman, Executive Director, MLPAI Jaenine Pfeiffer, MOCA Jim Martin, MOCA This Memorandum of Agreement is entered into by and between the Humboldt Bay Harbor, Recreation and Conservation District; County of Humboldt; County of Del Norte; County of Mendocino; City of Eureka; City of Arcata; City of Trinidad; City of Crescent City; City of Fort Bragg; Yurok Tribe; Wiyot Tribe, Table Bluff Rancheria; Trinidad Rancheria; Smith River Rancheria (Totowa Dee -nib; Elk Valley Rancheria; Shelter Cave Resort Improvement District No. 1; Crescent City Harbor District and Noyo Harbor District; hereinafter collectively referred to as "North Coast Local Agencies". EES, the North Coast Local Agencies are presently the most active public entities concerned with regional coastal issues along the Mendocino, Humboldt and Del Norte County coastline; and WHEREAS, upcoming regional coastal planning issues facing the North Coast Local Agencies include, but are not limited to, the State of California's Marine Life Protection Act Initiative and its proposed design and impacts to fisheries and the fishing communities on the north coast; regional coastal sediment management; ocean energy; marine highway; and coordination of ocean observing systems; and WHEREAS, the North Coast Local Agencies each have plans and development strategies for their jurisdiction along the Del Norte, Humboldt and Mendocino County coastlines; and WHEREAS,, the North Coast Local Agencies have powers, duties, and experience to contribute to regional coastal issues within the Del Norte, Humboldt and Mendocino County coastlines; and WHEREAS,, the North Coast Local Agencies all desire to coordinate efforts to achieve the highest degree of success in regional scientific research; planning; resource management; commercial, recreational and subsistence fisheries; and economic development. NOW., THEREFORE,. the parties do agree as follows: 1. To support the creation of the "North Coast Local Agency Coastal Coordination Committee" hereinafter referred to as "North Coast Committee." 2. To designate two people to represent their agency on the North Coast Committee. Agency representatives are to be appointed by the Agency, and can include agency Board or Council members, agency staff, technical consultants or members of the public. Each member agency shall have the ability to place any terms or conditions on their appointment process and each member agency shall have the ability to extend or replace their representatives at any time. 3. That the purpose of the North Coast Committee is to coordinate local public agency responses to upcoming regional coastal issues affecting the coastline of Mendocino, Humboldt and Del Norte Counties. Neither the North Coast Committee, nor a local agency's representatives to the committee, shall have the power or authority to create any legal obligation on the part of a member agency. 4. That upcoming regional planning issues include, but are not limited to the State of California's Marine Life Protection Act Initiative (MLPA) and its proposed design and impacts to fisheries and the fishing communities on the north coast; regional coastal sediment management; coordination of ocean observing systems; ocean energy; marine highway and other regional issues that are deemed of interest by the North Coast Committee. 5. That by virtue of being on the North Coast Committee, the members of the North Coast Committee are also members of the North Coast Local Interest Marine Protected Area Work Group. 6. North Coast Committee member agencies will cover their own expense to participate on the North Coast Committee. 7. The term of this agreement is three (3) years. This agreement may be extended for up to three (3) additional years by mutual agreement of the North Coast Committee. Any member agency may have the option to withdraw at any time. Email Address: Phone - ice: Cel: Name: Mailing Address: Awe- Office: AGENCY REPRESENTA77VE #2 Email Address: Office: DAVID HULL AT . a,. .(` .;. . .. . rr DATE: (Name) (Title) (Organization) ITEM NO.: 10a March 3, 2009 SUBJECT: DISCUSSION OF REQUEST BY FLOOD CONTROL DISTRICT FOR CITY TO WITHDRAW ITS PROTEST TO DISTRICT'S APPROPRIATIVE WATER RIGHTS APPLICATION NOS. 129190 AND 12920B AND POSSIBLE ACTION SUMMARY: After consulting with Bob Wagner, the City's water rights hydrologist, and Sean White, General Manager of the Mendocino County Russian River Water Conservation and Improvement District ("Flood Control District"), staff recommends that the City maintain its protest to the Flood Control District's application to divert additional water from the Russian River, but modify its protest by dropping one of three conditions it has requested in its protest letter. (A copy of the protest letter is Attachment 1.) Discussion: On April 1, 2007, the Flood Control District filed applications with the State Water Resources Control Board for a partial assignment of State Filings to divert and re -divert from storage water in Lake Mendocino. In its application, the Flood Control District contends that 6000 acre feet of lake water is currently unclaimed and available for appropriation. The Flood Control District bases this contention on its analysis of certain decisions and orders of the State Water Resources Control Board, including Order 79-15, and decisions 1030, 74-30 and 1610. On September 22, 2008, the City filed a protest with the State Water Board as a protective filing to preserve its right to participate as a party in any proceedings that the State Board would conduct on the District's application. In its protest, the City stated that it is generally supportive of efforts by the Flood Control District to secure additional water supplies for use by the Flood Control District's contractors. However, it filed the protest to protect its ability to exercise its water rights under its permit to appropriate water and under its pre -1914 water rights.' In its protest, the City indicated that it would be prepared to withdraw its protest, if the State Board ordered or the Flood Control District agreed to three conditions on its right to appropriate and use this additional water. These were: ' As stated in the protest, attached as Attachment 1, the City or its predecessors in interest have been appropriating water from the Russian River and its tributaries since 1876 and the state board recognized that prior to 1949, the City was diverting 2.8 CFS under that right. Continued on Paae 2 Recommended Action(s): Withdraw Condition No. 1 from the City's protest to the Flood Control District application to appropriate additional water from the Russian River, but otherwise maintain its protest. Alternative Council Option(s): Withdraw the protest in its entirety or modify it in other ways than are recommended by staff. Citizens advised: Sean White, Flood Control District General Manager Requested by: Flood Control District Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager; Bob Wagner, Wagner & Bonsignore Attachments: 1. September 22, 2008 protest letter 2. January 14, 2010, letter from Flood Control District Approved: 4)� _ Jane � hambers, City Manager Page 2 1) Season of diversion for any permit issued pursuant to the partial assignment be limited to diversion to storage and only during the period December 1 through March 31. 2) Any permit issued pursuant to the Petition for Partial Assignment to be considered junior to the rights of the City. 3) Water availability analysis demonstrating that water is available for diversion to storage and subsequent withdrawal without impacting City's water rights or ability to divert water. On January 14, 2010, the City Attorney received a letter from Sean White, requesting the City to withdraw its protest. In making that request, Mr. White offered two points of clarification. 1. The 6,000 acre feet in its application is part of the firm yield of Lake Mendocino, as determined by Water Board decision no. 1030 issued in 1961, and the Board's 1983 decision no. 1610. Originally, 16,000 acre feet of that firm yield was reserved for the Sonoma County Water Agency. Subsequently, the SCWA reservation was reduced to 10,000 acre feet, leaving 6000 acre feet unclaimed. 2. The recently completed Biological Opinion produced under the authority of the Endangered Species Act by the National Marine Fisheries Service for the Russian River recommends a reduction in the summer -time minimum flows in the Russian River below the Coyote Dam. The lower minimum flows may reduce the amount of water that can be diverted in the summer. In addition, those reduced flows will conserve an additional 10,000 acre feet in Lake Mendocino each summer. In his letter, Mr. White also states that the additional water would be withdrawn directly from Lake Mendocino by Redwood Valley County Water District and below the dam by Calpella and Millview County Water Districts. The City Attorney discussed the Flood Control District's request to withdraw the City's protest with Bob Wagner. Despite these clarifications from Sean, Bob had questions and concerns about the Flood Control District's application and its potential impact on the City's water rights. The City Attorney suggested a conference call with Sean White to allow Bob and Sean to talk directly to each other about the application. During the conference call on February 11, 2010, which included Sean, Richard Shoemaker, a Flood Control District Board member, Bob and the City Attorney, there was agreement that the Flood Control District would have to produce evidence of water availability under current conditions before the State Board would act on its application. Sean also acknowledged that the City had a legitimate interest in maintaining its standing as a party to the administrative proceedings on the District's application and that it would loose that standing, if it withdrew its protest. As to the specifics of the protest Sean objected to the first condition proposed by the City. He maintains that in a normal water year, Lake Mendocino is within the flood pool for most of the time between December 1 and March 31. For that reason, the ability to divert water for storage during that period is so limited that this condition would render the approval of the District's application of little or no practical benefit to the District or its contractors. We asked Sean if the Flood Control District would be satisfied, if the City, rather than withdrawing the protest, withdrew its request for the first condition but maintained the protest with the other two conditions. He said he would check with the Flood Control District chairperson. He later informed the City Attorney that dismissal of Condition No. 1 of the City's protest would satisfy the Flood Control District's immediate concerns while allowing the City to maintain "standing" in the process. Bob Wagner believes that all three conditions are reasonable and would not necessarily render the application of little or no practical benefit. At the same time, he also agreed that it would be unlikely that apportioning to the Flood Control District an additional 6000 acre feet of water stored in Lake Mendocino would have an adverse affect on the City's water rights, if the other two conditions were satisfied. Based on the foregoing, staff recommends that the City notify the State Board and the Flood Control District that it no longer requests condition No 1. Fiscal Impact: Budgeted FY 09/10 ❑ Amount Budgeted New Appropriation ® Not Applicable Source of Funds (title and #) Page Budget Amendment Required Additional Appropriation Requested David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard Water Resources Control Board DIVISION OF WATER RIGHTS P.O. Box 2000 Sacramento, CA 95812-2000 FAX: (916) 341-5400 Law Offices Of An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net September 22, 2008 CITY OF UKIAH ATTACHMENT (707) 462-6846 FAX 462-4235 PROTEST TO APPROPRIATIVE WATER RIGHTS APPLICATION NOS. 12919C AND 129209 BY MENDOCINO COUNTY RUSSIAN RIVER FLOOD CONTROL AND WATER CONSERVATION IMPROVEMENT The City of Ukiah protests Application Numbers 12919C and 12920B filed on April 1, 2007, and the subject of the Notice of Applications, dated July 31, 2008. The applications are styled Amended Petitions for Partial Assignment of State Filings of the same numbers and seek a combined assignment to the Mendocino County Russian River Flood Control and Water Conservation Improvement District (Flood Control District") of 6000 acre feet of water which the petitions contend are available for direct diversion and re -diversion from storage in Lake Mendocino. The area of diversion, rediversion and use is described as NEY4 of SW% of Section 34, T16N, R12W, MDB&M. The applications contend that the water is available for appropriation based on an analysis of certain decisions and orders of the State Water Resources Control Board, including Order 79-15, and decisions 1030, 74-30 and 1610. The application does not analyze whether the water is actually available or how it may impact existing permits and licenses and other rights to appropriate water from the Russian River and its tributaries. Page 2 The City of Ukiah appropriates water from the underflow of the Russian River in the Ukiah Valley pursuant to Water Rights Permit No. 12952. That permit has a 1954 priority date and authorizes the City to appropriate up to 20 cubic feet per second ("CFS") of water from the underflow of the Russian River on a year round basis. The City has been acknowledged in Water Board Decision 1030 to possess pre -1949 rights to 2.8 CFS. The City or its predecessors in interest have been appropriating water from the Russian River and its tributaries on a continuous basis since 1876. The City has used at peak demand as much as 8 CFS and it has a petition pending to extend the time for putting its full 20 CFS to beneficial use. The City supplies water to its residents and some customers in the immediate vicinity of the City for domestic uses. It has a petition pending to expand its place of use to include a larger area surrounding the City's current City limits. The City's points of diversion are located downstream and upstream from the proposed project's points of diversion and rediversion. The City's points of diversion are shown on maps on file with the SWRCB's Division of Water Rights. City of Ukiah protests Petition for Partial Assignment of Applications 12919C and 12920B filed by the Flood Control District on the basis that the Partial Assignment has the potential to impact the City's ability to exercise its water rights. The City is generally supportive of efforts by the Flood Control District to secure additional water supplies for use by the Flood Control District's contractors. The City, by protesting, seeks to protect the City's interests in the water resources of the Russian River and its upstream tributaries. If the application is approved without conditions and without a hydrological analysis demonstrating that sufficient water is available to satisfy the application for an additional 6000 acre feet of water without encroaching on the City's right to appropriate water from the Russian River, the application has the potential to injure the City's water rights. The City would dismiss the protest, if the following conditions were imposed or agreed to by the applicant: 1) Season of diversion for any permit issued pursuant to the partial assignment be limited to diversion to storage and only during the period December 1 through March 31. 2) Any permit issued pursuant to the Petition for Partial Assignment to be considered junior to the rights of the City. 3) Water availability analysis demonstrating that water is available for diversion to storage and subsequent withdrawal without impacting City's water rights or ability to divert water. A duplicate copy of the protest was served on the Flood Control District by fax at 707-462-5279 and by first class mail to 151 Laws Avenue, Suite D, Ukiah, CA. 95482. Page 3 Dated: CITY OF UKIAH David J. Rapport, City Attorney Afendocino Counts, Russian River Flood Control Water Conservation hnvrovement District City of Ukiah c/o Mr. David J. Rapport Law Offices of Rapport and Marston P.O. BOX 488 Ukiah, CA 95482 Dear Mr. Rapport: ATTACHMENT 151 Laws Avenue, Suite D Ukiah, CA 95482 Phone (707) 462-5278 FAX (707) 462-5279 Email: rrfcr;.saber.net 2 1 JAN , 2010 D5. . r......... This letter is intended to respond to the protest you filed with the State Water Resources Control Board (SWRCB) on behalf of the City of Ukiah in regards to the Mendocino County Russian River Flood Control and Water Conservation Improvement District (District) filing of Petitions for Partial Assignment of State Filings 12919C and 12920B. Having carefully reviewed your protest, the District would like offer these points of clarification. In your letter you state that the District's application contends "that the water is available for appropriation based on an analysis of certain decisions and orders" but "does not analyze whether the water is actually available." The water subject to this filing was considered part of the firm yield of Lake Mendocino in both D1030 and D1610. As you are aware the reservation for Northern Sonoma County in D 1030 was 16,000 acre feet, but that reservation was later reduced to 10,000 acre feet in D1610. The District has filed on the net 6000 acre feet that were reserved in Lake Mendocino as a result of this reduction. The District would also like to direct your attention to the final draft of the recent Biological Opinion (BO) completed by the National Marine Fisheries Service. The BO is the final step in a ten-year Section 7 consultation that addressed the effects of reservoir operations on the Russian River. Both the NMFS and the Califoniia Department of Fish and Game have recommended that the releases from Lake Mendocino be decreased to facilitate the recovery of listed salmonids. The recent instream flow reductions mandated. by the BO will. not only prescribe future instream flows for the mainstem near the City's diversion facilities, but conserve in excess of 10,000 afy of storage in Lake Mendocino. These prescriptions, their resulting savings, and the District's intent to divert water subject to this application directly from Lake Mendocino should eliminate any conflicts between this filing and City's existing rights. It is also important to consider that the District's primary goal. for this filing has always been to supplant Redwood Valley's tenuous settlements and agreements with the District and SCWA, as well as alleviate the ongoing moratoriums in Millview and Calpella. I cannot conceive of any outcome where improving the water supply security of the greater Ukiah Valley area would not also result in major benefits to the City of'Ukiah. Presidew Vice President Treasurer Trustee Trustee Lee Howard hudv Hatch Bill Townsend Paul Zellman RichardShoenwher Please feel free to contact me if any additional questions of comments regarding this issue. Sincerely, i Scan K. White General Manager Cc: Steven Herrera, Manager Permitting Section SWRCB-Division of Water Rights P4 Box 2000 Sacramento, CA 95812-2000 Jane Chambers, Ukiah City Manger 300 Seminary Avenue Ukiah, CA 95482 Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 ITEM NO.: 11 a City a1 'ukz:ah March 3, 2010 Background: Self fueling is when aircraft owners or operators bring their own fueling equipment onto the Airport to fuel their aircraft. This must be allowed as per the FAA grant assurances. The City however can require the owner/operator to obtain a permit and abide by local rules and regulations when conducting their fueling operations. Discussion: Staff along with the Airport Commission and City Attorney has developed a Self Fueling Permit Ordinance. This Ordinance will give Staff the ability to ensure that the fueling equipment coming onto the Airport meets all State, Federal, and local laws and that the equipment is safe. The Permit process also requires proper insurance and training of the operators of this equipment. 0 Budgeted FY 09/10 1-1 New Appropriation ❑X Not Applicable F-1 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Recommended Action(s): Approve Self Fueling Permit Ordinance Alternative Council Option(s): Provide Staff with other direction. Citizens advised: Airport Commission Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager Attachments: Self Fueling Ordinance Approved: Ja hambers, City Manager ORDINANCE NO. ORDINANCE OF THE CITY OF UKIAH ADDING ARTICLE 6, COMMENCING WITH SECTION 5070 TO CHAPTER 1, DIVISION 6 OF THE UKIAH CITY CODE, REGULATING SELF -FUELING OF AIRPLANES AT THE UKIAH MUNICIPAL AIRPORT SECTION ONE: The City Council of the City of Ukiah hereby ordains that Article 6 is added to Chapter 1, Division 6 of the Ukiah City Code to read as follows: ARTICLE 6 §5070: PURPOSE: The purpose of this Article 6 is to establish a policy for self -fueling by owners or operators of aircraft at the Ukiah Regional Airport that allows owners or operators of aircraft to refuel their aircraft without assistance, while, at the same time, providing restrictions and regulations that are reasonably necessary for safety, preservation of facilities, and the protection of the public interest. §5071: DEFINITIONS: In this ordinance, the following words have the following meanings: 1. "Aircraft fuel servicing vehicle" means a vehicle having a cargo tank designed for or used in the transportation and transfer of fuel into or from an aircraft. 2. "City" means the City of Ukiah. 3. "FAA" means the Federal Aviation Administration. 4. "Airport Manager" means the Manager of the Ukiah Regional Airport and includes, unless otherwise noted, the Manager's designee. 5. "NFPA" means the National Fire Protection Association. All references to an NFPA standard mean the most recent edition of that standard, as may be amended from time to time. 6. "Person" means an individual, corporation, partnership, limited liability company, or other private or governmental entity, agency or organization. 7. "Permittee" means a person who holds a self -fueling permit issued by the Airport Manager. §5072: FUELING RESTRICTIONS; PERMIT PROCESS (a) No person other than the City shall transfer fuel into an aircraft unless the person has first obtained a self -fueling permit from the Airport Manager and the person complies with this ordinance. A self -fueling permit authorizes the permittee to transfer fuel only into an aircraft owned by or leased exclusively to the permittee. No person shall transfer fuel into an aircraft not owned by or leased exclusively to that person, nor shall any person sell fuel to any other airport user. The City will not recognize an organization formed by several aircraft owners for the purpose of self -fueling as a single aircraft owner or exclusive lessee for purposes of this Article 6. (b) An application for a self -fueling permit shall be made by supplying to the Airport Manager information as specified in subsections (i) -(viii) below. The Airport Manager shall review the information to determine whether the applicant satisfies the requirements of this Article 6. If the information is complete and satisfies the requirements for the issuance a permit, the Airport Manager shall issue a self -fueling permit to the applicant. Any person whose application for a self -fueling permit is denied may appeal this denial to the City Manager in accordance with rules adopted by the City Manager. The rules shall provide an opportunity to appear before the City Manager and to present evidence and argument and shall require the City Manager to base his or her decision on the information received from the Airport Manager and from the appellant. The information to be included in the application for a permit shall include, but not be limited to: (i) a description of the aircraft to be fueled; (ii) the aircraft fuel servicing vehicles that will be used; (iii) the employees who will operate the aircraft fuel servicing vehicles and who will conduct the fueling operations; (iv) an emergency response plan; (v) a fuel -handling personnel training program; (vi) an aircraft fuel servicing vehicle inspection and maintenance program; (vii) fuel transfer procedures; and (viii) other additional information as deemed necessary by the Airport Manager (c) When issued, a self -fueling permit shall be signed by the permittee or a person empowered by law to sign for and bind the permittee to comply with the permit and this ordinance and shall set forth, among other things, the permittee's agreement to meet appropriate insurance, indemnity and hold harmless requirements, requirements for aircraft fuel servicing vehicle maintenance and inspection, and responsibility for damage to the Airport. The permit shall also include the permittee's consent to reasonable amendments or additions to permit requirements as circumstances may warrant. Insurance and indemnification requirements shall include the following: (i) Liability insurance: A permit shall not issue and become effective until the applicant as provided proof to the Airport Manager's reasonable satisfaction that the applicant has in effect comprehensive general or commercial liability insurance, naming the City as an additional insured, with policy limits of not less than $2,000,000 per occurrence. The policy shall be endorsed to prohibit cancellation or non -renewal without providing the City with 30 -days prior written notice thereof. The insurance shall include coverage for the discharge or spilling of fuel and the costs to defend citizen suits or claims for damages arising out of such discharge or spills. The insurance must be issued on an occurrence basis. The insurer must be an insurance company admitted by the Insurance Commissioner to issue insurance in the State of California with an A.M. Best rating of A for financial strength, AA for long term credit rating and AMB 1 for short term credit rating. 2 (ii) Indemnification: The permit shall not issue until the permittee has signed and become legally obligated to comply with an agreement to indemnify the City against any claim for damages or any other cost to the City arising out of any act or omission by the permittee or its officers, employees, agents, or contractors while performing under the permit. The indemnification agreement shall be in a form approved by the Airport Manager and the City Attorney. (d) Fees: (1) Applicant Fee: The City Council may establish by resolution a nonrefundable application and permit renewal fee which must be paid by the applicant, when the application is submitted to the Airport Manager. (2) Fuel Vehicle permit fee: The City Council may establish by resolution a fee for each fuel servicing vehicle included under the permit which must be paid each year at a time specified by the Airport Manager. (e) In conducting self -fueling operations, a permittee shall not vary materially from the application information, unless a written request for a variation is submitted to and approved in advance by the Airport Manager. A material variation includes, but is not limited to, a different aircraft, aircraft fuel servicing vehicle, vehicle operator or person performing fueling operations than what is stated in the application information. The Airport Manager may allow temporary variations from the application information while a request for a variation is pending, on a case-by-case basis. (f) A self -fueling permit is not assignable or transferrable and is issued for a term of one year. Prior to expiration of the permit term, a permittee may apply to renew the permit. An application to renew a permit need only include application information that differs from the information submitted in the original permit application. (g) The City may take up to 7 days to process permits, once the application has been determined by the Airport Manager to be complete. No self -fueling will be allowed until the permit is issued to the permittee. §5073: AIRCRAFT FUEL SERVICING VEHICLES (a) The permittee shall have a single -product aircraft fuel servicing vehicle for each type of fuel. Each vehicle shall meet all of the following requirements: 1. Have a tanker capacity of over 100 gallons; 2. Have its own bottom tank loading and grounding services and approved hoses and dispensing nozzles; 3. When not in use, be parked (i) in a location sited in accordance with NFPA 407 standards; 4. Have marking and color coding in accordance with FAA Advisory Circular 150/5230-4, Aircraft Fuel Storage, Handling, and Dispensing On Airports, and appropriate lighting and radio communication equipment; and 5. Be owned by or leased exclusively to the permittee. 3 (b) No later than 72 hours before an aircraft fuel servicing vehicle(s) is placed in service for self -fueling, the permittee shall notify the Airport Manager of the vehicle(s) intended use. (c) The permittee shall operate the aircraft fuel servicing vehicle(s) in a safe, efficient and clean manner, and shall not allow the use of a vehicle that is not fully operational in compliance with all applicable regulations. The permittee shall perform such repair and maintenance upon the vehicle as is necessary to ensure its safe operation and as required by the self -fueling permit. (d) The operator of any aircraft fuel servicing vehicle that is on the Airport premises for any purpose related to self -fueling shall meet all of the following requirements: 1. Possess a valid operator's license; 2. Be an employee of the permittee; and 3. Comply with all NFPA and FAA requirements regarding operators of aircraft fuel servicing vehicles. C`�•j�iL�A 11T14 1k ICYca gx;10 mk, 6.3 (a) Any vehicle that is on the Airport premises for any purpose related to self -fueling shall use only such roadways or aircraft movement areas as are designated by the Airport Manager. (b) Fueling operations during which fuel is transferred between an aircraft fuel servicing vehicle and an aircraft shall occur only in areas designated for that purpose by the Airport Manager. (c) No individual may perform a fueling operation unless the individual meets all of the following requirements and does all of the following things: 1. Remains with the fueling apparatus at all times during the fueling operation; 2. Exercises extreme caution to prevent a fuel spill, and if a fuel spill occurs, immediately ceases fueling operations and notifies the Airport Manager; 3. Is an employee of the permittee, but this requirement does not apply to an individual delivering fuel into a fuel truck; 4. For any fueling operation that results in the transfer of fuel into an aircraft, must be able to demonstrate upon demand that he or she is authorized, trained and fully qualified to operate the fuel transfer equipment by (i) having completed, or been trained by an individual who has completed, an accepted FAA training program, and (ii) carrying with him or her an identification card issued by the employer which certifies his or her qualifications; and 5. Complies with all NFPA and FAA requirements regarding fuel transfers for aircraft fuel servicing. (d) The permittee shall keep training records for the employees who perform fueling operations for a minimum of two years, and shall make the training records available to the Airport Manager upon request. 11 (e) Any vehicle that transfers fuel into a fuel truck shall leave the Airport upon completion of the fueling operation. §5075: PARKING: OFF-SITE METHOD: When an aircraft fuel servicing vehicle not being used in a self -fueling operation, is present on airport premises, it shall be parked in an area designated for such purpose by the Airport Manager. A reasonable fee for such parking may be proposed by the Airport Manager and approved by resolution of the City Council. §5076: FUEL FLOWAGE FEE: The permittee shall pay a fuel flowage fee as established from time to time by City Council resolution. §5077: BULK FUEL TANK FEE: Purchasing fuel from the City owned bulk storage tank requires a self fueling permit. Fuel vehicles must have all proper fittings and meet all safety requirements to transfer fuel from the bulk storage tank to fuel vehicles. Pricing for bulk fuel storage will be set by City Council resolution. The availability and amount of fuel sold from the bulk storage tank shall be determined by the Airport Manager. §5078: NATIONAL FIRE PROTECTION ASSOCIATION: The City adopts and makes a part of this Article 6, as though fully set forth, all of the current provisions of NEPA 30, 407 and 415, as those rules may be amended from time to time. If there is any conflict between any provision of this Article 6 and any provision of NFPA 30, 407 or 415, the provision that is more stringent shall apply. Any violation of NFPA 30, 407 or 415 is a violation of this Article. Notwithstanding any provision of the applicable NFPA rules or the Ukiah City Code, permittees may not install or use underground fuel storage tanks. §5079: COMPLIANCE WITH OTHER LAWS: A permittee shall comply with all local, federal and state laws, codes, ordinances, rules and regulations now or hereafter in force and effect applicable to any activity associated with the storage and transfer of aircraft fuel, A violation of any law, code, ordinance, rule, regulation, circular or order referred to in this section is a violation of this Article 6. §5080: INSPECTIONS, RECORDS AND AUDITS: (a) The permittee shall make daily, weekly and monthly inspections of any fuel tank system it has and the aircraft fuel servicing vehicles it uses as required by FAA Advisory Circular 150/5230-4, Aircraft Fuel Storage, Handling and Dispensing on Airports, and shall maintain a written record of such inspections. The permittee shall also keep and maintain written records of all fuel brought to the Airport for self -fueling purposes (including dates, supplier and quantity) and of all fuel quantities transferred into aircraft by aircraft identification number. The permittee shall also maintain accurate records of fuel product monitoring to ensure that there is no leakage from any fuel storage tanks it has and from its aircraft fuel servicing vehicles. Copies of monthly leak detection reports generated by an a fuel tank monitoring system, which reports must clearly identify the tank owner, the hangar location and the tank contents, shall be provided to the Airport Manager every three months. The records required by this paragraph shall be kept for a minimum of two years and shall be made available to the Airport Manager upon request. (b) In addition to the records required by paragraph (a), the permittee shall (i) provide the Airport Manager with information and records which are requested for the purpose of determining compliance with this ordinance including, but not limited to, records pertaining to business organization and ownership, ownership of equipment, and employee status, and (ii) promptly forward to the Airport Manager copies of any fire or safety inspection reports, underwriting audits or insurance company reviews that relate to its self -fueling operations at the Airport, including aircraft fuel servicing vehicles. The permittee shall also allow the Airport Manager to inspect the permittees aircraft fuel servicing vehicles for the purpose of determining compliance with this ordinance. (c) The City shall have the right, during reasonable hours and upon reasonable advance notice, to audit permittees records regarding its self -fueling operations at the Airport. §5081: ADDITIONAL REQUIREMENTS: (a) The permittee shall provide for the adequate handling and disposal, away from the Airport, of all trash, garbage and other refuse generated as a result of its self -fueling operations. (b) The permittee shall handle, use, store and dispose of fuel and all other materials, including hazardous materials, owned or used by it at the Airport in accordance with all applicable federal, state and local laws, codes, rules, regulations and ordinances, including rules of the Airport Manager. §5082: EXEMPTIONS: Upon written approval by the Airport Manager, the following do not require a self fueling permit: (a) Defuel/refuel as required to perform maintenance; and (b) Fuel Vehicles with less than 100 gallons of fuel capacity which fuel 100 gallons or less within any 24 hour period. §5083: ENFORCEMENT: (a) The failure to comply with any requirement of this Article 6 constitutes a violation thereof. Any potential violation of this ordinance may be investigated by the Airport Manager. If, upon investigation, the Airport Manager determines that a violation has occurred, he or she may do any or all of the following: m 1. If the violation jeopardizes the safety of persons or property, order the permittee to cease self -fueling operations until the violation is corrected and take reasonable steps to ensure compliance with the order; or 2. Issue a written or verbal warning; (b) If the Airport Manager determines that a violation of this Article 6 has occurred, he or she may take one or more of the following actions: 1. Recommend legal action; 2. Order the permittee to take certain action consistent with this Article 6 and the permit; or 3. Revoke the self -fueling permit for a time certain. If the Airport Manager determines that a violation occurred and either orders the permittee to take certain action or revokes the self -fueling permit, the permittee may appeal this determination pursuant to the City Manager as provided in Section 5077(b). Any permit revocation shall be stayed during the pendency of this appeal. (c) Any person who violates any provision of this Article 6 or any final order issued pursuant to this Section 5083: 1. Shall be guilty of an infraction and subject to a fine of not more than $100 for a first offense, $200 for a second offense and $500 for a third or subsequent offense. Each day the violation continues shall be deemed a separate offense. 2. Shall be subject to a civil penalty which may be recovered in a civil action filed on the City's behalf by the City Attorney in the amount of $1,000 for each day the violation occurs or continues. (d) The City may seek any other remedy available at law or in equity for a violation of this Article 6. The City may pursue any or all such remedies and any or all of the specific remedies provided in this Article 6, none of which shall be deemed exclusive. All such violations are declared a public nuisance. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 7 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on March 3, 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk March 3, 2010 SUBJECT: APPOINTMENT TO ADVISORY GROUP FOR NEW UKIAH COURTHOUSE PROJECT Background: The City Manager received a letter in early February 2010 from Benjamin D. Stough, Court Executive Office for the Superior Court of California County of Mendocino, requesting an individual be named to represent the City of Ukiah to serve on an advisory group for the new Ukiah Courthouse Project. After checking into the purpose and process of the advisory group activities, the City Manager thought that an elected official from the City could be the best representative for the group, and could best serve to assure accountability back to the City Council for representation of the City's overall interests in this process. Therefore, this item has been referred to the City Council for its consideration, after discussion with the Ad -Hoc committee members for the Courthouse. Discussion: The request has been discussed by the Ad -Hoc Committee for the Courthouse, Council members Rodin and Landis. The Court Executive Officer requests that an individual who can be present for the length of the project undertaking (estimated to be about 5 years) be appointed so that knowledge about the project and representative continuity for all phases of the project can be retained for the City and for the advisory group. A state meeting to further outline the purpose of the advisory group is scheduled to take place before the March 3 City Council meeting. City staff may have further information for the City Council regarding the duties and purpose of the advisory group to update the Council. The Ad -Hoc committee members recommend that the City respond to the Court Executive requesting that Mari Rodin be named to the appointment, with Mary Anne Landis serving as an alternate member, attending meetings. In this manner, the City will be best served in its interest to stay current and participating with all aspects of the advisory group process. Fiscal Impact: H Budgeted FY 09/10 F-1New Appropriation 7 Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Continued on Page 2 Recommended Action(s): City Council direct the City Manager to inform the Court Executive Officer that Mari Rodin will serve as the City's representative on the advisory group, with Mary Anne Landis serving as alternate and attending meetings Alternative Council Option(s): City Council consider alternate course of action for designation of representative Citizens advised: Requested by: Benjamin D. Stough, Court Executive Officer Prepared by: Jane A. Chambers, City Manager Coordinated with: Mari Rodin and Mary Anne Landis Attachments: Copy of February 4, 2010 letter from Court Executive Officer j )41,�_ Approved: /'"` -- Jane0ambers, City Manager countp of Aenbocino CINDEE F. MAYFIELD Presiding Judge RICHARD J. HENDERSON Assistant Presiding Judge February 4, 2010 Jane Chambers, City Manager City of Ukiah c/o City Clerk's Office 300 Seminary Avenue Ukiah, CA 95482 Dear Ms. Chambers, ATTACHMFN BENJAMIN D. STOUGH Court Executive Officer CARYN DOWNING Assistant Court Executive Officer FEB 2,010 On behalf of the Superior Court of California, County of Mendocino, I am pleased to invite you to select an individual who will represent the City of Ukiah to serve on an advisory group for New Ukiah Courthouse Project. Under the California Rules of Court, Rule 10.184(e), a project advisory group consists of court judicial officers, other court personnel, and others affected by the court facility. The advisory group will work with the Administrative Office of the Courts on issues involved in the construction or renovation, from the selection of a space programmer and architect through occupancy of the facility. The advisory group is expected to begin meeting this spring, with the project scheduled for completion by spring 2015. At your earliest convenience, please let me know the name and contact information of the City's representative. Sincerely, s Benjamin D. tough Court Executive Officer 11c March 3, 2010 SUBJECT: APPROVAL OF ACCESS AGREEMENT BETWEEN CITY AND REDWOOD BUSINESS PARK (RBP) OF UKIAH AND AGREEMENT RE: CONDITIONS AMONG CITY, RBP AND GUILLON, INC. SUMMARY: This item requests City Council approval for two agreements which are necessary, because of the hydrocarbon and MTBE contamination that has resulted from the underground storage tanks (USTs) removed from the City's Corporations Yard in 1997. They are an Access Agreement and an Agreement re: Conditions. The Access Agreement gives the City access to property currently owned by the Redwood Business Park of Ukiah (RBP) to conduct some initial investigation of groundwater contamination on that Property. The Agreement re: Conditions, obligates the City to pay for costs incurred by RBP or Guillon, Inc. to comply with certain conditions which are part of a use permit issued to Guillon to develop a Sears Catalogue Store on a portion of this property. These conditions were imposed because of the potential groundwater contamination emanating from the Corporations Yard. Background: The MTBE contamination from the USTs has affected groundwater in the vicinity of the Corporations Yard. The North Coast Regional Water Quality Control Board ("Regional Board") has approved a Feasibility Study and Corrective Action Plan ("FS/CAP") dated December 1, 2005, and a Remedial Action Plan, dated June 2007 ("Action Plan"), which includes a work plan to further investigate the impact of the USTs on property in the vicinity of the Corporations Yard. To conduct the investigation required by these plans, in 2005 the City developed a form Access Agreement which was presented to the owners of the properties where the City needed to drill monitoring wells to determine the extent of groundwater contamination. The Watsons, who owned the property where the motels in the Redwood Business Park are located, signed the agreement in 2006 and the City installed the monitoring wells on that property. Redwood Business Park of Ukiah (RBP), a California limited partnership, owns property immediately east of the railroad tracks and south of the Watson property. RBP did not sign the Access Agreement in 2005. Continued on Page 2 Recommended Action(s): Approve Access Agreement in Attachment 1 and Agreement re: Conditions in Attachment 2. Alternative Council Option(s): Approve agreements as signed by RBP and attached as Attachment 3. Or approve some but not all changes proposed by staff. Citizens advised: Requested by: David J. Rapport, City Attorney Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager, Tim Eriksen, City Engineer Attachments: 1. Redlined Access Agreement 2. Redlined Agreement re: Conditions 3. Agreements signed by RBP and Guillon Approved:'r - J ,Chambers, City Manager Page 2 More recently, RBP applied for a parcel map to create two parcels out of its property. Simultaneously, Guillon, Inc. a real estate development and construction company in Chico, applied for a use permit to construct retail commercial buildings on one of the parcels created by that parcel map. The current plan is to use the building for a Sears Catalogue Store. Because of concerns about possible groundwater contamination on that property, City staff, in consultation with EBA, the engineering firm that developed and obtained Regional Board approval for the FS/CAP and Action Plan, developed, in consultation with RBP and Guillon, five conditions which were made conditions of the use permit for the Catalogue Store. The five conditions are described in Exhibit B to the Agreement re: Conditions. (See Attachment 2.) They include a requirement that Guillon comply with a Soil and Groundwater Management Plan prepared by the City and approved by the Regional Board, the installation of a vapor barrier beneath the building, designing and constructing inlets to storm drains to prevent groundwater intrusion, and cooperation with the City, if necessary, to prevent the discharge to the storm drain system of contaminated groundwater from the existing "french drain" on the property. The work required by these conditions would not have been necessary if there was no groundwater contamination on the property. For this reason, the City staff agreed to prepare an agreement which would obligate the City to pay for increased costs to the development of the property resulting from compliance with these conditions. Negotiation of the Agreements. The terms of the agreements have been negotiated between staff and RBP, but certain terms are in apparent dispute. On February 10, 2010, RBP's attorney emailed what he called final agreements and asked: "Please advise if the attached, subject to modification of the indemnity provision of course, is acceptable." On that same date, the City Attorney responded that he would respond as soon as possible. On February 11, the City Attorney notified RBP's attorney that he had circulated RBP's drafts to EBA and City Staff for their final comments. Subsequently, RBP delivered signed copies of the agreements to the Civic Center and indicated that it was not willing to entertain further revisions to the agreements. On February 16, the City Attorney received final comments from EBA, both engineers were sick and could not respond sooner. On that same day, the City Attorney emailed to RBP's attorney the revised versions of the agreements which are attached as Attachments 1 and 2. The City Attorney has received no further response from RBP. Attachment 1 is a redlined version of the Access Agreement, showing the changes emailed to RBP's attorney on February 16. Attachment 2 is a redlined version of the Agreement re: Conditions emailed on that same date. The City Council is being asked to decide whether to approve the agreements as recommended by staff or to approve the agreements as submitted by RBP, or some combination. The substantive terms in apparent dispute are: Access Aareement: 1. Recitals, % 2, p. 1: The City staff recommends that the agreement include two additional monitoring well sites, designated as MW 21 B and MW 22, on the Exhibit A, attached to the agreement. Reason for recommendation; The FS/CAP and Action Plan approved by the Regional Control Board include four well sites, including these two additional monitoring well sites. EBA advises that the additional wells should not interfere with the Sears project. The agreement prohibits the City from unreasonably interfering with the uses of the property in any event, so it can only drill the wells in a way that does not interfere. 2. Agreement, T 1, p. 2: The City staff recommends that in stating that the City shall not unreasonably cause interference in conducting work authorized by the Agreement, the agreement should state interference with RBP's development plans for the property or RBP's use of the property, and not include, as proposed by RBP, "or the value of the property." In addition, staff recommends that the requirement, proposed by RBP, to pay RBP $10,000 be deleted. Page Reasons for recommendation. The agreement is intended to address access to the property for the limited purpose of drilling monitoring wells and taking and testing water samples from the wells. As proposed by staff the agreement would prohibit the City from interfering with RBP's development plans or use of the property. Including "the value of the property" introduces uncertainty into the agreement that staff believes is unnecessary and unacceptable. Staff does not recommend paying $10,000 for access to the property for the purpose of investigating contamination. It is not justified, creates a precedent that could obligate the City to pay other property owners for similar access, and creates the prospect of paying more money for additional access to remediate contamination that may exist on the property. The City or its Redevelopment Agency has the authority to compel access for purposes of investigating and remediating contamination on the property without paying this money. The Agreement re: Conditions: 1.¶ 2, p. 2. Intent of Agreement. Staff recommends language to clarify when delay costs are reimbursable. Reason for recommendation. Delay costs are the most problematic of the additional costs associated with complying with the conditions. The additional language would obligate RBP or Guillon to organize the work to minimize delays. 2. % 3, p. 3. Procedure for approval of costs. Staff recommends revisions to give the City 15, rather than 7 days, to respond to a claim, after it receives sufficient information to evaluate the claim. Reason for recommendation. In negotiations, the City staff removed a requirement that costs be approved by the City before work is performed. The agreement provides for a reimbursement of costs. For that reason, staff did not believe that the cost had to be approved before it was incurred. By removing that requirement, the time spent reviewing and approving claims should not impact Guillon's constructions schedule. Seven days was originally proposed to reduce delays in the construction schedule caused by the time required to review and approve claims for cost reimbursement. Seven days, however, is not enough time for the City or its consultants to thoroughly review claims. Even 15 days, as proposed by staff, creates a tight time schedule. If the response time remains 7 days, the City would have to either rubber stamp claims or deny the claim to give it more time. The increased review time should benefit both the claimant and the City. 3. % 3.c, p. 3. Staff recommends increasing from 5 to 15 days the time to submit and respond to a claim filed with the arbitrator. Reason for recommendation. Staff believes that more time is required and proposes increasing the time from 10 to 15 days for the claimant to file a claim and from 5 to 15 days for the City to respond to the claim. 4. ¶ 3.. p. 3.. Staff recommends decreasing from $500 to $250 the amount the City will pay to compensate RBP or Applicant for filing a claim. Reason for recommendation. Staff originally proposed $100. RBP has proposed $500. Staff recommends splitting the difference. 5. ¶ 7, p.4. Staff recommends a 45 days notice before RBP performs storm drain work. Reason for recommendation. This amount of time is the minimum necessary for the City to solicit bids, if it wants to perform the work itself. 6. T 8, p. 5.. Staff recommends revisions to the indemnification paragraph. Page 4 Reason for recommendation. The City Attorney believes that these revisions are necessary to make this provision clear that the City is not indemnifying RBP for its own negligence or other wrongful conduct. These changes were discussed in principle with RBP's attorney and he agreed with the changes, subject to his review of the final language. 7. 7. 9.a. Staff recommends language to clarify the relationship between this agreement and the indemnification agreement that was included in the use permit application. Reason for recommendation. The use permit application requires the applicant to indemnify the City against the costs of defending the use permit, if it is challenged in court. The proposed language clarifies that the indemnification in the use permit application is different and does not affect the indemnification in 18 of the Agreement re: Conditions. There will be a fiscal impact from the approval of the Agreement re: Conditions, although staff does not know the extent of that impact. It will depend on the claims submitted pursuant to the Agreement. There is no current estimate of that cost. The Access Agreement will have a fiscal impact, if the City Council agrees to pay RBP $10,000 for that access. Fiscal Impact: Budgeted FY 09/10 ❑ New Appropriation ® Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Additional Appropriation Requested ATTACHMEN Access Agreement between City of Ukiah And Redwood Business Park of Ukiah, a California Limited Partnership This Access Agreement (the "Agreement") is entered on , 2010 ("Effective Date"), in Ukiah, California between the City of Ukiah ("City), a general law municipal corporation, and Redwood Business Park of Ukiah, a California Limited Partnership ("RBP"), who is the owner of real property located in Ukiah, California, known as Mendocino County Assessor's Parcel Number 180-080-25 and also known as Lot B-1 as shown on the Final Map of Redwood Business Park of Ukiah, - Unit I, filed in Map Case 2, Drawer 47, Page 24, Mendocino County Records (the "Property"). RECITALS. 1. The City owns property located at 1320 Airport Road, also known as Mendocino County Assessor's Parcel No. 003-280-05 ("Corp Yard"), which has been used by the City as an operations center for municipal departments, including the City's public works department and its motor pool. 2. This City has and is currently undertaking an ongoing investigation of the release of contaminants, including petroleum hydrocarbons and fuel oxygenates (collectively "the impacts") to the environment from former underground fuel storage tanks ("USTs") located at the Corp Yard. The North Coast Regional Water Quality Control Board ("Regional Board") has approved a Feasibility Study and Corrective Action Plan ("FS/CAP") dated December 1, 2005, and a Remedial Action Plan, dated June 2007 ("Action Plan"), which includes a work plan to further investigate the impact of the USTs on the Property. The FS/CAP calls for the installation of groundwater monitoring wells on the Property followed by quarterly sampling for a period of one year. The number and location of each monitoring well to be installed on the Property in accordance with the approved FS/CAP are depicted as MW 21B, MW 22, MW 23B and MW 24 on the attached Exhibit A, which is incorporated herein by reference. RBP has installed a french drain and storm drains on the Property. The City requires access to the Property to take water samples from the storm drain system. The City's authorized work on the Property, henceforth termed as "Authorized Site Work," includes, and is limited to, construction of the aforementioned monitoring wells, survey for said monitoring wells, collection and analysis of groundwater samples from said monitoring wells and/or storm drains, and reporting thereof. The Action Plan includes a work plan to further investigate and remediate the impacts of the USTs on the Property. The specifics of that further investigation and remediation ("Additional Authorized Site Work") will be developed based on the results of the Authorized Site Work. The City may require access to the Property for the Additional Authorized Site Work, which access is subject to further agreement between the parties. 3. The purpose of this Agreement is to allow the City and its authorized representatives, contractors, and subcontractors access to the Property for the purpose of engaging in the Authorized Site Work. Hereafter, all references to the "City" include its authorized representatives, contractors and subcontractors. 4. This Agreement allows for the City to enter the Property as reasonably necessary to perform the Authorized Site Work, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the above -recited facts and the terms and conditions as further stated herein, the parties agree as follows: 1. Right of Entry, and Payment. During the Term of this Agreement, RBP hereby grants the City, as may be reasonably necessary, a right of access and use to enter the Property in order to perform the Authorized Site Work. In exercising this right of entry, the City shall not unreasonably interfere with RBP's development plans for the Property-prits use of the_Property- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2. Term. The term of this Agreement begins on the Effective Date and continues until December 31, 2015, unless earlier terminated as provided in paragraph 10, below. 3. Work to be Performed. Authorized Site Work. The City shall provide everything necessary to perform and complete the Authorized Site Work. The City shall have sole responsibility for the Authorized Site Work performed and shall be responsible for directing and controlling the manner and means of accomplishing the Authorized Site Work. City shall be responsible for all of the costs of performing the Authorized Site Work. The City shall keep the Property free and clear of all mechanic's and materialmen's liens arising from or relating to the performance of the Authorized Site Work. If a mechanic's or materialmen's lien is filed against the Property as a result of the City's performance of work authorized by this Agreement, the City shall cause any such lien to be bonded or discharged of record within twenty (20) days of being notified of the lien. 4. Notification. The City shall give a minimum of 24-hour notice to RBP before entering the Property to perform any part of the Authorized Site Work unless otherwise authorized by RBP. 2 Deleted: , Deleted: , or the value of the Property Deleted: The City agrees to pay RBP the sum of Ten Thousand Dollars ($10,000.00) for this right of entry, which shall be paid forthwith upon execution of this Agreement. The City's rights under this Agreement shall not be effective until RBP receives said payment. S. Applicable Law and Regulations. In exercising its rights under this Agreement, the City will comply with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever nature with respect to the Authorized Site Work, including, without limitation, all health, safety, and environmental laws, directives, ordinances, regulations, or statutes applicable to such work. 6. Restoration. The City shall use its best efforts to avoid interfering with RBP's use of the Property. Upon completion of each phase or item of any activity contemplated by the Authorized Site Work, the City shall immediately repair and restore all affected areas of the Property to its original condition existing before commencement of the Authorized Site Work, or to an "improved" condition if the Property is improved, or as close thereto as is reasonably possible. An intent of this provision to require the City to restore the Property as it completes different work on the Property and not wait completion of all Authorized Site Work prior to being required to perform restoration. 7. Indemnification. The City shall indemnify and hold RBP harmless for, and from, any and all claims, demands, liabilities, costs, damages, and/or expenses, however characterized, arising out of and/or in connection with the City's (including without limitations its employees, agents, subcontractors, assigns, transferees, successors, or otherwise) performance of Authorized Site Work and/or the restoration of the Property pursuant to this Agreement, whether such claims, demands, liabilities, costs, damages, and/or expenses are caused by the City, its employees, agents, subcontractors, assigns, transferees, successors, or otherwise, excepting only such injury or harm to the extent caused by RBP's active negligence. The City shall indemnify and defend RBP, including, but not limited to, payment of all attorney's fees, costs, damages, and/or expenses incurred by RBP, and/or such awards against it, associated with or founded upon the aforementioned claims, demands, liabilities, costs, damages, and/or expenses. At all times during the Term of this Agreement, City shall maintain and shall provide proof of comprehensive general or commercial liability insurance of at least two million dollars ($2,000,000.00), or comparable coverage from joint powers agencies providing the equivalent of insurance coverage to the City, and provide RBP with a policy declaration, naming RBP as additionally insured. The City shall provide RBP with written notice of any cancellation of coverage and shall renew insurance certificates as they expire. 8. Entire Understanding. This Agreement sets forth the entire understanding between the City and RBP with respect to the subject matter of this Access Agreement and supersedes all prior negotiations and dealings pertaining to this Agreement. 9. Modification. No change in, addition to, or waiver of any of the provisions of this Agreement shall be binding upon either party unless it is established in writing and signed by each party. 10. Termination. This Agreement may be terminated by the City at its sole discretion with thirty days (30) days' written notice to RBP. However such termination will not release City from its responsibility for Restoratioq,_or Indemnification as stated - Deleted: Payment, Deleted: , in the aforementioned Sections of this Agreement, or any other obligation that may have arisen or may arise as a result of this Agreement.. 11. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the Parties' successors, transferees, and assigns. 12. Notice. The person authorized to give and receive notices and information on behalf of each party and the address and fax number for that person is set forth below. A decision communicated by the authorized representative of each party shall constitute the decision of the party, unless the other party has received prior notice, as provided herein, that the authorized representative's decision is not the decision of the party. Whenever notice or other communication is permitted or required by this Agreement, it shall be deemed given when personally delivered or when received, if delivered by overnight courier or fax, or 48 hours after it is deposited in the United States Mail with proper first class postage affixed thereto and addressed as follows: City of Ukiah Jane Chambers, City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 Fax: 707-463-6201 Redwood Business Park of Ukiah Gary L. Akerstrom Redwood Business Park of Ukiah 425 Talmage Road Ukiah, CA 95482 Fax: 707-462-5681 13. Access Agreement. Subject to the terms and conditions stated herein, including payment, this signed Access Agreement is effective as of the Effective Date Deleted: --- ---' 11 91 By executing this Agreement, the following persons represent they maintain actual authority to act, including the act of executing this Agreement and for the matters set forth herein, on behalf of the entity for whom said persons execute this Agreement. CITY OF UKIAH Jane Chambers City Manager, City of Ukiah REDWOOD BUSINESS PARK OF UKIAH, A California Limited Partnership Redwood Business Park of Ukiah A California Limited Partnership By El Dorado Estates Corp. Its General Partner By Gary L. Akerstrom, President Date Date ATTACHMENT AGREEMENT REGARDING CONDITIONS OF APPROVAL FOR USE PERMIT NO. _ This Agreement is entered in Ukiah, California, on , 2010 ("Effective Date") among the City of Ukiah ("City"), a general law municipal corporation, Redwood Business Park of Ukiah, a California Limited Partnership ("RBP"), who is the owner of real property located at Ukiah, California, known as Mendocino County Assessor's Parcel Number 180-080-25 and Lot B1 as shown on the Final Map of Redwood Business Park of Ukiah, Unit -I, filed in Map Case 2, Drawer 47, Page 24, Mendocino County Records (the "Property"), and Guillon, Inc. , a California corporation ("Applicant"). RECITALS: 1. RBP has applied to subdivide the Property into two parcels, hereafter referred to as Lot B1 -A and B1 -B, which are depicted on the attached Exhibit A. _ _ _ _ _ _ _ _ _ - Deleted: 2. Applicant has applied for a Use Permit to construct a retail commercial building on Lot B1 -B, which is proposed to be used as Sears Catalogue Store and/or other retail business(es) ("the Project"). 3. The City owns property located at 1320 Airport Road, also known as Mendocino County Assessor's Parcel No. 003-280-05 ("Corp Yard"), which has been used by the City as an operations center for municipal departments, including the City's public works department and its motor pool. 4. This City has and is currently undertaking an ongoing investigation of the release of contaminants, including petroleum hydrocarbons and fuel oxygenates (collectively "the impacts") to the environment from former underground fuel storage tanks ("USTs") located at the Corp Yard. 5. Lot B 1 is located to the east of the Corp Yard on the east side of Airport Road and the railroad tracks which separate the Corp Yard from the Property. 6. RBP has installed a french drain along the western boundary of the Property which intercepts surface and groundwater on the Property and discharges that water to the storm drain system. 7. Monitoring wells installed by the City have detected impacts at the western and northern boundary of Lot B 1-------------------------------------------- Deleted: 8. The North Coast Regional Water Quality Control Board ("Regional Board") has approved a Feasibility Study and Corrective Action Plan (FS/CAP) dated December 1, 2005, and a Remedial Action Plan, dated June 2007 ("Action Plan"), which include a work plan to further investigate and remediate the impact of the USTs on the Property. The FS/CAP calls for the installation of groundwater monitoring wells on the Property followed by quarterly sampling for a period of one-year. RBP, as owner of the Property, has or will enter an Access Agreement with the City, a true and correct copy of which is attached hereto as Exhibit B, which will provide the City with access both to Lot B1 -A and Lot BI -B for the purposes stated in Exhibit B. . 9. The City must protect the public health and safety on the Property and in the areas east and south of the Corp Yard and the Property from any adverse effects from the impacts. For these reasons, the City's Planning Department has proposed five conditions of approval for the Use Permit, which are set forth in the attached Exhibit C ("the Conditions"). 10. Compliance with the Conditions will increase the cost of the project authorized by the Use Permit that would not otherwise be incurred. These costs are necessary to investigate, remediate and mitigate the effects of the impacts. As such, they constitute "public works of improvement" within the meaning of Labor Code Section 1720(c)(2). The City agrees to contribute no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work. In addition, the City will have no proprietary interest in the overall project. Under this Agreement, the City agrees to pay or reimburse the Applicant or RBP in a timely manner for any such _ - - Deleted: and/ costs, reasonably and necessarily incurred by either of them as further provided ir>� this _ - Deleted: , associated witb the Agreements conditions and compliance thereof, and ---------------- --------------------- are entering into AGREEMENT: Deleted: for that purpose WHEREFORE, in consideration of the above -recitals and the terms and conditions set forth below, the parties agree as follows. 1. Execution of Access Agreement. On or before approval of this Agreement by the Ukiah City Council, RBP shall sign the Access Agreement attached hereto as Exhibit B. 2. Intent of Agreement. The intent of this Agreement is for the City to pay Or_ _ - - reimburse RBP or 1Applicant for the increase in construction costs incurred by either of --------------------------------- them, reasonably and necessarily incurred to comply with Jhe Conditions,. "Increase in ,construction cost," as used in this Agreement, means increased costs of constructing the-"' Pro'ect o include the work required to comply with the Conditions, including the payment of prevailing wages to the extent required by Labor Code Section 1720,,pr to perform work affected by the Conditions, increased construction contract administra' tive costs reasonably and necessarily associated with the work required to comply with the Conditions, or work affectedby the Conditions„ and increased costs unavoidably resulting from increased time to complete construction resulting from compliance with the z, Conditions provided that the party seeking reimbursement for an increase m' construction costs attributable to delay could not have avoided the delay through the exercise of due diligence 3. Procedure for the approval of costs. Except as otherwise set forth herein, with respect to all costs to be paid or reimbursed by City under this Agreement, the City Deleted: and/ Deleted: and/or Deleted: Deleted: or associated Deleted: compliance with the conditions imposed by Deleted: City (Exhibit Q. Deleted: the Deleted: project Deleted: by Deleted: Condition Deleted: condition Deleted: condition Deleted: condition shall pay all of an approved cost within thirty (30) days after it receives an invoice for the amount of the approved cost. !be Applicant pr RBP may obtain approval f_or a_ co_s_t - Deleted: The incurred by either of them using the following procedure: Deleted: and/ a. ThegApplicantpr RBP ("claimant"} shall submit to the City for approval_ - - - Deleted: The a written description of the work, including an itemized cost of all materials or fixtures to ` Deleted: and/ be used or installed in the performance of the work, the method used to procure bids or proposals to perform the work or to estimate the cost of the work, the qualifications and licensing of the contractor and the cost of the work. The City shall approve or disapprove the expense within fifteen 15 days of its receipt of all the information reasonably - - - Deleted: seen (7 -- --- ---- required or requested by City to evaluate the claim by giving written notice of its decision _ _ - -7 Deleted: this subsection to the claimant. b. In order for a claimed cost to be reimbursed,_the City must approve the_ _ - Deleted: costs expense as necessary and reasonable, such approval not to be unreasonably withheld. c. The Applicant or_RBP may submit_any disapproved cost to binding_ - - - Deleted: and/ dispute resolution as follows. Within thirty (30) days of the Effective Date, by mutual agreement, the Parties shall designate a person to resolve disputes concerning claims for payment and/or reimbursement. The designated person ("Arbitrator") shall be a person with appropriate training and experience in civil engineering and/or the building trades. Except as otherwise set forth herein, the parties shall share equally the Arbitrator's fees and expenses. Within Ifteen 15) days after the City denies an application for the _ - Deleted: ten approval of a claimed cost or reimbursement expense, the claimant may request Deleted: 10 resolution by the Arbitrator by giving the City and the Arbitrator written notice thereof. The notice shall include all information the claimant wants the Arbitrator to consider in resolving the dispute. Failure to give timely and adequate notice of a request for dispute resolution waives the right to dispute the disapproved cost. Within fifteen 1 ) days after_ _ _ - Deleted: five the City receives the written notice from the claimant, the City shall submit to the Arbitrator a written response to claim with a copy to the claimant. The City's submission shall include all information it wants the Arbitrator to consider in resolving the dispute. Within five (5) days after the City submits its response or after the City's response was due, if no response is filed by the City, the Arbitrator shall schedule and give notice of the date, time and location of a hearing at which both the claimant and the City may appear with or without counsel and any witnesses they wish to call. The hearing shall be conducted no sooner than ten (10) and no later than fifteen (15) days after notice of hearing has been given. After considering the written submissions and any evidence, argument or answers by the parties to the Arbitrator's questions, the Arbitrator shall decide whether the City's decision should be upheld or the claimed expense should be allowed in whole or in part. The Arbitrator shall notify the parties of his or her decision within ten (10) days after the conclusion of the hearing. TThe Arbitrator may order one - _ - Deleted: ¶ party to pay all of the expenses of the Arbitration and to reimburse all or a portion of attorneys' fees incurred by the other party in participating in the Arbitration, if he or she determines that the party's position was not reasonable in light of the provisions of the agreement and the facts presented to the Arbitrator,The decision of the Arbitrator -shall- _ - Deleted: q be final and binding on the parties. d. The City shall $250 00 per claim for expense reimbursement to ------ $----- Deleted: compensate the claimant whether RBP or Applicant,�for the cost of submitting and Deleted: pay Applicant and/or RBP processing the claim. $500 Deleted: and/or RBP e. Only work performed by Applicant or RBP under contract to comply with the Conditions, the costs of which is paid or reimbursed by City under this Agreement, will require the payment of prevailing wages required for public works under the California abor Cod Deleted: labor Code. Accordingly, the -------------------------------------------------- } City shall reimburse the Applicant and/or , RBP for the difference between the cost , of constructing the Project without paying sts of Condition No. 2. If either the Applicant pr RBP_anticpates_wthat it , 11 4. Coo prevailing wages and the cost of om 1 n with a Soil and Gr_ou_ndate_r ', will incur an increase in the construction cost of i constructing the Project with rete payment of prevailing wages, including the actual $ ""---""—---"'-------�`_py-----------` — ^ir` ' Management Plan prepared by the City in compliance with Condition No. 2, k shall 0 t + increased costs incurred bythe Applicant to comply with the prevailing wage notify the City of the proposed work or expense giving rise to the cost as soon as 1', ` `4 requirements in possible. The City may elect to arrange for the performance of that work, as long as that ++t;, ` Deleted: section 1720 at seq. That will not cause undue delay in the completion of the Project. The Applicant or RBP shall }`, + IDeleted:work. claim shall be submitted pursuant to the procedures specified in this paragraph 3 reasonably cooperate with the City in performing or arranging for the performance of the ;,, If the City does not elect to perform or contract for the performance of the work, ,,,', cisiiof the Arbitrator, as attorney's the City will pay for the work in accordance with paragraph 3. If the City elects to {i"', fees, costs, and expenses associated , perform the work or contract with another to perform the work, and either Applicant pr '`,,, therewith, and/or for the claim expense set forth above in subparagraph d, shall RBP anticipates incurring or actually incurs' an increase in construction cost as a result ', ,,I, be paid by City within 5 days ofreceipt +t,, thereof, the City shall pay said costs in accordance with paragraph 3. of the Arbitrator's decision or receipt of claim, as the case may be.¶ o' Deleted: and/ 5. Design Costs to comply with Conditions No. 3 and 4. If the Applicant pr ;` Deleted: they 1 RBP anticipates that it will incur designs costs, ;he_City_shall pay those_ costs in ` + ` - accordance with paragraph 3. - - - - - Deleted: in Deleted: they 6. Costs of Condition Nos. 3 and 4. The City will pay for any increase in Deleted: and/ construction costs, required to comply_with Condition Nos. 3 and/or 4 in accordance with Deleted: and/ paragraph 3. The party seeking payment of that cost shall submit such information as Deleted: or an increase in the Ci reasonablyrequests to determine that the cost represents an increase in the q I� construction costs, ti a result thereof, to comply with Conditions No. 3 and/or 4, construction cost of the Project. Deleted: including 7. The storm drain. If the water samples from the storm drain referenced in Condition No. 5 test positive for impacts pr the City is required by a regulatory agency to - _ - Deleted: and prevent groundwater discharge from the french drain to the Storm drain s} stem, the _ _ - Deleted: city's Applicant or RBP shal cooperate with the City to prevent the discharge of -impacted- _ _ _ - Deleted: are therefore required to groundwater from the Propertyto the storm drain system. If the Applicant pr _RBP reasonably anticipates that it will incur a cost in complying with this requirement, it shall notify the Deleted: and/ City of the proposed work or expense giving rise to the cost as soon as possible, but not less than fortes(45) days before the work is to be performed. The City may elect to_ - - -i Deleted:. arrange for the performance of that work. The Applicant or RBP shall reasonably Deleted: If the city elects to perform cooperate with the City in performing or arranging for the performance of the work. If the work or contract with another to perform the work, and Applicant and/or the City does not elect to perform or or for the performance of the work, the City RBP anticipates incurring, or actually will pay for the design costs and the work in accordance with paragraph 3. incurs, an increase is construction cost as a result thereof, the City shall pay said costs in accordance with paragraph 3.. 8. Indemnification. The City shall indemnify and hold RBP/Applicant harmless for, and from, any and all claims, demands, liabilities, costs, damages, and/or expenses (collectively, "the Indemnified Liabilities" )„ arising out of any work required to comply _ - Deleted:, however characterized with the Conditions which is performed by the City, Or its contractors or Subcontractors, _ _ — Deleted: and/ including or construction work, excepting only the portion of any Indemnified Deleted: in connection with the City's design Liabilities that are attributable to RBP's fault or negligence. If the negligence or fault of (including without limitations its both the City and the RBP/Applicant contribute to the creation of an Indemnified employees, agents, Liability, then the City shall be required to indemnify RBP/Applicant in accordance with Deleted: assigns, transferees, successors, or otherwise) performance of this paragraph 7 for the Indemnified Liability, excluding only that proportion or any work under this Agreement and/or as percentage of the Indeinnfied Liability attributable to RBP/Applicant's fault , to any negligence. For example, if a third party claims that he was iniured as a result of (1) work - Deleted: work required to comply with performed by (2) the fault or negligence of another person or entity and (3) the fault the city's conditions (Exhibit Q, whether such or negligence of RBP/Applicant is determined that 20% the resulted- -and-it -of -injuries _ _Deleted: from RBP/Applicant's fault or negligence, the City would be required to indemnify , demands, liabilities, costs, damages RBP/Applicant for 80% of the Indemnified Liabilities arising from that claim, even if 1 Deleted: / some portion of that 80% is attributable to the other person or entity. Under its obligation to defend the RBP/Applicant, the City shall provide at its expense such attorneys, investigators consultants experts or other professionals as may be necessary to defend any such claim or demand and shall pay ll expenses associated with such defense, provided that RBP/Applicant fully cooperates with its defense. If the City fails to provide competent representation when necessaryprevent any prejudice to the RBP/Applicant's legal interests, RBP/Applicant may retain such services and incur such expenses as may be reasonably prudent to protect its interests and the City shall pav any such expenses reasonably incurred by RBP/Applicant,. At all times during the Term of _ - this Agreement, City shall maintain and shall provide proof of comprehensive general or commercial liability insurance of at least two million dollars ($2,000,000.00), or comparable coverage from joint powers agencies providing the equivalent of insurance coverage to the City, and provide RBP with a policy declaration, or other appropriate documentation, naming RBP as additionally insured. The City shall provide RBP/Applicant with written notice of any cancellation of coverage and shall renew insurance certificates as they expire. 9. Miscellaneous. Deleted: are caused by the City, its employees, agents, subcontractors, assigns, transferees, successors, or otherwise, excepting only such injury or harm to the extent the same is exclusively caused by RBP's active negligence. The City shall indemnify and defend RBP, including, but not limited to, payment of all attorney's fees, costs, damages, and/or expenses incurred by RBP, and/or such awards against it, associated with or founded upon the aforementioned claims, demands, liabilities, costs, damages, and/or expenses. a. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all other prior writings and oral negotiations concerning the same subject matter, including, but not limited to, any portion of the Indemnification Agreement made part of the Planning Permit Application signed by Applicant and RBP that applies to the costs of complying with the Conditions. The Access Agreement between the City and RBP is not affected by the terms of this Agreemenit______________________________________________ Deleted:. b. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. c. Any notices, documents, correspondence or other communications concerning this Agreement may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served, received, or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. Gary L. Akerstrom Redwood Business Park of Ukiah 425 Talmage Road Ukiah, CA 95482 FAX: 707-462-5681 IF TO CITY: City of Ukiah Attention: Tim Eriksen Ukiah Civic Center 300 Seminary Avenue Ukiah, CA. 95482 FAX: 707-463-6201 IF TO APPLICANT , _ -i Deleted: GuzLLON, INC. Steve Honeycutt Guillon, Inc. 2550 Lakewest Drive, Suite 50 Chico, CA. 95928 FAX: 530-897-6455 d. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Mendocino County, California. e. This agreement shall be assignable to any owner or successor -in - interest to Lot B1 -B and shall inure to the benefit of and be binding upon the successors, assigns, or transferees of said Lot. The term "Applicant," when used herein shall include any such permitted successor, assignee, or transferee. f. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. However, in the event of any action or proceeding arising out of, or brought to enforce, this Agreement, the prevailing party therein shall be entitled to an award against the other of all attorney's fees, costs, and expenses incurred therein. g. This Agreement is entered into for the sole benefit of City, Applicant, RBP and their permitted successors and assigns and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. This Agreement is binding and applicable only in relation to the particular use application referenced above. h. Section headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. i. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. j. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. k. This Agreement may be executed in one or more counterparts, each, of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 1. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, and this Agreement shall become effective on the Effective Date. CITY OF UKIAH By: Jane Chambers, City Manager REDWOOD BUSINESS PARK OF UKIAH, A California Limited Partnership By El Dorado Estates Corporation, its general partner By: Gary L. Akerstrom, President, El Dorado Estates Corporation GUILLON, INC. BY; Steve Honeycutt, General Manager ATrACHMENT AGREEMENT REGARDING CONDITIONS OF APPR®VAI., FOR USE PERMIT NO. pLJ._ _5 j This Agreement is entered in Ukiah, California, on i -? /c , 2010 ("Effective Date") among the City of Ukiah ("City"), a general law municipal corporation, Redwood Business Park of Ukiah, a California Limited Partnership ("RBP"), who is the owner of real property located at Ukiah, California, known as Mendocino County Assessor's Parcel Number 180-080-25 and Lot B1 as shown on the Final Map of Redwood Business Park of Ukiah, Unit -1, filed in Map Case 2, Drawer 47, Page 24, Mendocino County Records (the "Property"), and Guillon, Inc. , a California corporation ("Applicant"). RECITALS: 1. RBP has applied to subdivide the Property into two parcels, hereafter referred to as Lot B 1-A and B 1-B, which are depicted on the attached Exhibit A. 2. Applicant has applied for a Use Permit to construct a retail commercial building on Lot B 1-B, which is proposed to be used as Sears Catalogue Store and/or other retail business(es) ("the Project"). 3. The City owns property located at 1320 Airport Road, also known as Mendocino County Assessor's Parcel No. 003-280-05 ("Corp Yard"), which has been used by the City as an operations center for municipal departments, including the City's public works department and its motor pool. 4. This City has and is currently undertaking an ongoing investigation of the release of contaminants, includinzn g petroleum hydrocarbons and fuel oxygenates (collectively "the impacts") to the environment from former underground fuel storage tanks ("USTs") located at the Corp Yard. 5. Lot B 1 is located to the east of the Corp Yard on the east side of Airport Road and the railroad tracks which separate the Corp Yard from the Property. 6. RBP has installed a french drain along the western boundary of the Property which intercepts surface and groundwater on the Property and discharges that water to the storm drain system. 7. Monitoring wells installed by the City have detected impacts at the western and northern boundary of Lot B 1. 8, The North Coast Regional Water Quality Control Board ("Regional Board") has approved a Feasibility Study and Corrective Action Plan (FS/CAP) dated December 1, 2005, and a Remedial Action Plan, dated June 2007 ("Action Plan"), which include a work plan to further investigate and remediate the impact of the USTs on the Property. The FS/CAP calls for the installation of groundwater monitoring wells on the Property followed by quarterly sampling for a period of one-year. RBP, as owner of the Property, has or will enter an Access Agreement with the City, a true and correct copy of which is attached hereto as Exhibit B, which will provide the City with access both to Lot Bl -A and Lot BI -B for the -purposes stated in Exhibit B. . 9. The City must protect the public health and safety on the Property and in the areas east and south of the Corp Yard and the Property from any adverse effects from the impacts. For these reasons, the City's Planning Department has proposed five conditions of approval for the Use Permit, which are set forth in the attached Exhibit C ("the Conditions"). 10. Compliance with the Conditions will increase the cost of the project authorized by the Use Permit that would not otherwise be incurred. These costs are necessary to investigate, remediate and mitigate the effects of the impacts. As such, they constitute "public works of improvement" within the meaning of Labor Code Section 1720(c)(2). The City agrees to contribute no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work. In addition, the City will have no proprietary interest in the overall project. Under this Agreement, the City agrees to pay or reimburse the Applicant and/or RBP in a timely manner for any such costs, reasonably and necessarily incurred, associated with the conditions and compliance thereof, and are entering into this Agreement for that purpose. WHEREFORE, in consideration of the above -recitals and the terms and conditions set forth below, the parties agree as follows. 1. Execution of Access Agreement. On or before approval of this Agreement by the Ukiah City Council, RBP shall sign the Access Agreement attached hereto as Exhibit B. 2. Intent of Atv greement. The intent of this Agreement is for the City to pay and/or reimburse RBP and/or Applicant for increase in construction costs, reasonably and necessarily incurred or associated with compliance with the conditions imposed by the City (Exhibit C). "Increase in the construction cost," as used in this Agreement means increased costs of constructing the project to include the work required by the Condition or to perform work affected by the Condition, increased construction contract administrative costs reasonably and necessarily associated with the work required to comply with the condition or work affected by the condition, and increased costs resulting frorn increased time to complete construction resulting from compliance with the condition 3. Procedure for the approval of costs. Except as otherwise set forth herein, with respect to all costs to be paid or reimbursed by City under this Agreement, the City shall pay all of an approved cost within thirty (30) days after it receives an invoice for the amount of the approved cost. The Applicant and/or RBP may obtain approval for a cost using the following procedure: 2 a. The Applicant and/or RBP ("claimant") shall submit to the City for approval a written description of the work, including an itemized cost of all materials or fixtures to be used or installed in the performance of the work, the method used to procure bids or proposals to perform the work or to estimate the cost of the work, the qualifications and licensing of the contractor and the cost of the work. The City shall approve or disapprove the expense within seven (7) days of its receipt of the information required by this subsection by giving written notice of its decision to the claimant. b. In order for a claimed costs to be reimbursed, the City must approve the expense as necessary and reasonable, such approval not to be unreasonably withheld. c. The Applicant and/or RBP may submit any disapproved cost to binding dispute resolution as follows. Within thirty (30) days of the Effective Date, by mutual agreement, the Parties shall designate a person to resolve disputes concerning claims for payment and/or reimbursement. The designated person ("Arbitrator") shall be a person with appropriate training and experience in civil engineering and/or the building trades. Except as otherwise set forth herein, the parties shall share equally the Arbitrator's fees and expenses. Within ten (10) days after the City denies an application for the approval of a claimed cost or reimbursement expense, the claimant may request resolution by the Arbitrator by giving the City and the Arbitrator written notice thereof The notice shall include all information the claimant wants the Arbitrator to consider in resolving the dispute. Failure to give timely and adequate notice of a request for dispute resolution waives the right to dispute the disapproved cost. Within five (5) days after the City receives the written notice from the claimant, the City shall submit to the Arbitrator a written response to claim with a copy to the claimant. The City's submission shall include all information it wants the Arbitrator to consider in resolving the dispute. Within five (5) days after the City submits its response or after the City's response was due, if no response is filed by the City, the Arbitrator shall schedule and give notice of the date, time and location of a hearing at which both the claimant and the City may appear with or without counsel and any witnesses they wish to call. The hearing shall be conducted no sooner than ten (10) and no later than fifteen (15) days after notice of hearing has been given. After considering the written submissions and any evidence, argument or answers by the parties to the Arbitrator's questions, the Arbitrator shall decide whether the City's decision should be upheld or the claimed expense should be allowed in whole or in part. The Arbitrator shall notify the parties of his or her decision within ten (10) days after the conclusion of the hearing. The Arbitrator may order one party to pay all of the expenses of the Arbitration and to reimburse all or a portion of attorneys' fees incurred by the other party in participating in the Arbitration, if he or she determines that the party's position was not reasonable in light of the provisions of the agreement and the facts presented to the Arbitrator. The decision of the Arbitrator shall be final and binding on the parties. d. The City shall pay Applicant and/or RBP $500.00 per claire for expense reimbursement to compensate the Applicant and/or RBP for the cost of submitting and processing the claim. e. Only work performed by Applicant under contract to comply with the Conditions, the costs of which is paid or reimbursed by City under this Agreement, will require the payment of prevailing wages required for public works under the California labor Code. Accordingly, the City shall reimburse the Applicant and/or RBP for the difference between the cost of constructing the Project without paying prevailing wages and the cost of constructing the Project with the payment of prevailing wages, including the actual increased costs incurred by the Applicant to comply with the prevailing wage requirements in Labor Code Section 1720 et seq. That claim shall be submitted pursuant to the procedures specified in this paragraph 3. f. All awards rendered by decision of the Arbitrator, as attorney's fees, costs, and expenses associated therewith, and/or for the claim expense set forth above in subparagraph d, shall be paid by City within 5 days of receipt of the Arbitrator's decision or receipt of claim, as the case may be. 4. Costs of Condition No. 2. If the Applicant and/or RBP anticipates that they will incur an increase in the construction cost in complying with a Soil and Groundwater Management Plan prepared by the City in compliance with Condition No. 2, they shall notify the City of the proposed work or expense giving rise to the cost as soon as possible. The City may elect to arrange for the performance of that work, as long as that will not cause undue delay in the completion of the Project. The Applicant or RBP shall reasonably cooperate with the City in performing or arranging for the performance of the work. If the City does not elect to perform or contract for the performance of the work, the City will pay for the work in accordance with paragraph 3. If the City elects to perform the work or contract with another to perform the work, and Applicant and/or RBP anticipates incurring, or actually incurs, an increase in construction cost as a result thereof, the City shall pay said costs in accordance with paragraph 3. 5. Design Costs to comply with Conditions No. 3 and 4. If the Applicant and/or RBP anticipates that it will incur designs costs, or an increase in the construction costs, as a result thereof, to comply with Conditions No. 3 and/or 4, the City shall pay those costs in accordance with paragraph 3. 5. Costs of Condition Nos. 3 and 4. The City will pay for any increase in construction costs, includingrequired to comply with Condition Nos. 3 and/or 4 in accordance with paragraph 3. The party seeking payment of that cost shall submit such information as City reasonably requests to determine that the cost represents an increase in the construction cost of the Project. 7. The storm drain. If the water samples from the storm drain referenced in Condition No. 5 test positive for impacts and/or the City is required by a regulatory agency to prevent groundwater discharge from the french drain to the City's storm drain system, the Applicant or RBP are therefore required to reasonably cooperate with the City to prevent the discharge of impacted groundwater from the Property to the storm drain system. If the Applicant and/or RBP anticipates that it will incur a cost in M complying with this requirement, it shall notify the City of the proposed work or expense giving rise to the cost as soon as possible. The City may elect to arrange for the performance of that work. The Applicant or RBP shall reasonably cooperate with the City in performing or arranging for the performance of the work. If the City does not elect to perform or contract for the performance of the work, the City will pay for the design costs and the work in accordance with paragraph 3. If the City elects to perform the work or contract with another to perform the work, and Applicant and/or RBP anticipates incurring, or actually incurs, an increase in construction cost as a result thereof, the City shall pay said costs in accordance with paragraph 3.. S. Indemnification. The City shall indemnify and hold RBP harmless for, and from, any and all claims, demands, liabilities, costs, daimages, and/or expenses, however characterized, arising out of and/or in connection with the City's (including without limitations its employees, agents, subcontractors, assigns, transferees, successors, or otherwise) performance of any work under this Agreement and/or as to any design or work required to comply with the City's conditions (Exhibit C), whether such claims, demands, liabilities, costs, damages, and/or expenses are caused by the City, its employees, agents, subcontractors, assigns, transferees, successors, or otherwise, excepting only such injury or harm to the extent the same is exclusively caused by RBP's active negligence. The City shall indemnify and defend RBP, including, but not limited to, payment of all attorney's fees, costs, damages, and/or expenses incurred by RBP, and/or such awards against it, associated with or founded upon the aforementioned claims, demands, liabilities, costs, damages, and/or expenses. At all times during the Term of this Agreement, City shall maintain and shall provide proof of comprehensive general or commercial liability insurance of at Ieast two million dollars ($2,000,000.00), or comparable coverage from joint powers agencies providing the equivalent of insurance coverage to the City, and provide RBP with a policy declaration, or other appropriate documentation, naming RBP as additionally insured. The City shall provide RBP with written notice of any cancellation of coverage and shall renew insurance certificates as they expire. 9. Miscellaneous. a. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all other prior writings and oral negotiations concerning the same subject matter, including, but not limited to, the Indemnification Agreement made part of the Planning Permit Application signed by Applicant and RBP. The Access Agreement between the City and RBP is not affected by the terms of this Agreement b. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. c. Any notices, documents, correspondence or other cominunications concerning this Agreement may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served, 5 received, or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. Gary L. Alcerstrom Redwood Business Park of Ukiah 425 Talmage Road Ukiah, CA 95482 FAX: 707-462-5681 IF TO GUILLON, INC.: Steve Honeycutt Guillon, Inc. 2550 Lakewest Drive, Suite 50 Chico, CA. 95928 FAX: 530-897-6455 IF TO CITY: City of Ukiah Attention: Tim Eriksen Ukiah Civic Center 300 Seminary Avenue Ukiah, CA. 95482 FAX: 707-463-6201 d. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Mendocino County, California. e. This agreement shall be assignable to any owner or successor -in - interest to Lot BI -B and shall inure to the benefit of and be binding upon the successors, assigns, or transferees of said Lot. The term "Applicant," when used herein shall include any such permitted successor, assignee, or transferee. £ Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. However, in the event of any action or proceeding arising out of, or brought to enforce, this Agreement, the prevailing party therein shall be entitled to an award against the other of all attorney's fees, costs, and expenses incurred therein. g. This Agreement is entered into for the sole benefit of City, Applicant, RBP and their pennitted successors and assigns and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. This Agreement is binding and applicable only in relation to the particular use application referenced above. 0 h. Section headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. L The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. j. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. k. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 1. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 7 IN WITNESS RMREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, and this Agreement shall become effective on the Effective Date. CITY OF UKIAH Jane Chambers, City Manager REDWOOD BUSLN-ESS PARK OF UKIAH, A California Limited Partnership By El Dorado Estates Corporation, its general partner 71 Bye %Gar _ ' ' Alcerstrom, President, Ef Dorado Estates Corporation GUILLON, INC. BY, Steve Honeycutt, Gekeral Manager IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, and this Agreement shall become effective on the Effective Date. CITY OF UKIAH Jane Chambers, City Manager REDWOOD BUSINESS PARK OF MAH, A California Limited Partnership By EI Dorado Estates Corporation, its general partner %GaxL�Akerstrom, President, E1 Dorado Estates Corporation GUILLON, INC. BY; Steve Honeycu , Ge ral Manager STATE OF California )SS COUNTY OF On He File No: APN No: , Notary Public, personally appeared who proved to me ori—the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged Y me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea . Signature A. PEARC y y COMM. #1657837 g NOTARY PUBLIC -CALIFORNIA G) MENDOCINO COUNTY 0 r nr+I COMM. EXPIRES APRIL 16, 2010 This area for official notarial seal, OPTIONAL CAPACITYi T BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. .11) INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) 71 PARTNER(S) ❑ LIMITED ❑ GENERAL [D ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR [7 OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or Entity OP77ONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. i :4042 i z TITLE OR TYPE OF DOCUMENT: i NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE ct.r_... N 6V P R R nlsi'n90N /CaID, 1 15' PVE ICA 2 -In 1]-ra 21 t,,l 1 tL[]Ti JB1) S''43C ICA -'-R -PQ 2/ I4 -IU - I 1 (CA 2, DR 47,1 I PG 27 MCR) j LOT 111—A ! 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IIT. 17, P). 11, IiGI, -('----�— 1.1 tvvN ]�/• km PIP' PhIltd FIX -r 13naf ( P., 01 T]• Pa. 0 1 7, atn. ]u[ tG 2 -➢A 11•10 !{ xCR) 1:1 a/1• Inn A PPv plun9ad 47, P .Ings A•avd duly p.1' Ca. ; 0.. 1?, P4, 21, 1LC11. 21, (n) F•dl•1 O.v�Mn /-• IS' AttCi3 GI01[Ilt-ICR 20L7•cnel tiylj T•n9.n1 U.—Z r�/ .tvanln'S I5' ACCESS Gimm�-xrA PL.G Pu6!!v UItIY Faa,mml a•lll:p! tt•1•t Thv yi•Yvn[.. vry.,.n vn Ih1. mvx n. q,12 m,bnc•a /II// j LOT 82 — PARCEL 1 baud vv lha 4Ua,pia ComGnal• s)e•m iC1121); Comab.d Cd! failaj ,. • j CDR 73, PG 6 & 7 NCR) a99f09a7, BASIS OF— ,_DFARINr.•, 5114'AO'22'1V holxvon found monumonla n Iha soulll It— of Lal 171 Par Co• 2, O, 47, I Pg. 24, M.C.R• n `"-vane BOULEVARD PARK I-, A -us EAS[II[)rt-!CR gala -n401 a•xnlsa•a 13' ACCCJS rmomir-ICR ima-pars 4.•20154'1 LOT 112 — PARCEL 2 CDR 73, PG 6 & 7 MCR) - PARCEL N1AP M -S- 9-26 IN THE CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA BEING LOT 01 OF REDWOOD BUSINESS PARK OF UKIAH — UNIT ONE FILED IN CASE 2, DRAWER 47, PAGE 24, MENDOCINO COUNTY RECORDS FEBRUARY 2010 _ I NORTH COUNTIES ENGINEERBJG CO. 4 us rauaca naTo, nlyl r wr1 ausat '41tl1e 1]11'1 11L1901 Fly Aon 1{!•)111 MAPS DRAWER SHEET 2 OF Z PAGE Access Agreement between City of Ukiah And Redwood Business Park of Ukiah, a California Limited Partnership This Access Agreement (the "Agreement") is entered on/&- U , 2010 ("Effective Date"), in Ukiah, California between the City of Ukiah ("City), a general Iaw municipal corporation; and Redwood Business Park of Ukiah, a California Limited Partnership ("RBP"), who is the owner of real property located in Ukiah, California, known as Mendocino County Assssor's Parcel Number 180-080-25 and also known as Lot B-1 as shown on the Final Map of Redwood Business Park of Ukiah, - Unit I, filed in Map Case 2, Drawer 47, Pace 24, Mendocino County Records (he "Property"). RECITALS. 1. The City owns property located at 1320 Airport Road, also known as Mendocino County Assessor's Parcel No. 003-280-05 ("Corp Yard"), which has been used by the City as an operations center for municipal departments, including the City's public works department and its motor pool. 2. This City has and is currently undertaking an ongoing investigation of the release of contaminants, including petroleum hydrocarbons and fuel oxygenates (collectively "the impacts") to the environment from former underground fel storage tanks ("USTs") located at the Corp Yard. The North. Coast Regional Water Quality Control Board ("Regional Board") has approved a Feasibility Study and Corrective Action Plan ("FS/CAP") dated December 1, 2005, and a Remedial Action PIan, dated June 2007 {"Action Plan"), which includes a work plan to further investigate the impact of the USTs on the Property. The FS/CAF calls for the installation of groundwater monitoring wells on the Property followed by quarterly sampling for a period of one year. The number and location of each monitoring well to be installed on the Property in accordance with the approved FS/CAP are depicted as MW 23B and MW 24 on the attached Exhibit A, which is incorporated herein by reference. RBP has installed a french drain and storm drains on the Property. The City requires access to the Property to take water samples from the storm drain system. The City's authorized work on the Property, henceforth termed as "Authorized Site Work," includes, and is limited to, construction of the aforementioned monitoring wells, survey for said monitoring wells, collection and analysis of groundwater samples from said monitoring wells- and/or storm drains, and reporting thereof. The Action Plan includes a work plan to further investigate and remediate the impacts of the USTs on the Property. The specifics of that further AGREEMENT REGARDING CONDITIONS OF APPROVAL EXHIBIT B investigation and remediation ("Additional Authorized Site Work") will be developed based on the results of the Authorized Site Work. The City may require access to the Property for the Additional Authorized Site Work, which access is subject to further agreement between the parties. 3. The purpose of this Agreement is to allow the City and its authorized representatives, contractors, and subcontractors access to the Property for the purpose of engaging in the Authorized Site Work. Hereafter, ail references to the "City" include its authorized representatives, contractors and subcontractors. 4. This Agreement allows for the City to enter the Property as reasonably necessary to perform the Authorized Site Work, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the above -recited facts and the terms and conditions as further stated Herein, the parties agree as follows: 1. Richt of Entiy, and Payment. During the Term of this Agreement, RBP hereby grants the City, as may be reasonably necessary, a right of access and use to enter the Property in order to perform the Authorized Site Work. City shall not unreasonably interfere with RBP -s development plans for the Property, its use of the Property, or the valuz of the Property. The City agrees to pay RBP the sum of Ten Thousand Dollars ($10,000.00) for this right of entry, which shall be paid forthwith upon execution of this Agreement. The City's rights under this Agreement shall not be effective until RBP receives said payment. 2. Term. The term of this Agreement begins on the Effective Date and continues until December 31, 2015, unless earlier terminated as provided in paragraph 10, below. 3. Mork to be Peifoi-med. Authorized Site Work. The City shall provide everything necessary to perform and complete the Authorized Site Work. The City shall have sole responsibility for the Authorized Site Work performed and shall be responsible for directing and controlling the manner and means of accomplishing the Authorized Site Work. City shall be responsible for all of the costs of performing the Authorized Site Work. The City shall keep the Property free and clear of all mechanic's and materialm.en's liens arising from or relating to the performance of the Authorized Site Work. If a mechanic's or materialmen's Iien is filed against the Property as a result of the City's performance of work authorized by this Agreement, the City shall cause any such lien to be bonded or discharged of record within twenty (20) days of being notified of the lien. 4. Notification. The City shall give a minimum of 24-hour notice to RBP before entering the Property to perforin any part of the Authorized Site Work unless otherwise authorized by RBP. S. Applicable Law and Regulations. In exercising its rights under this Agreement, the City will comply with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever nature with respect to the Authorized Site Work, including, without limitation, all health, safety, and environmental laws, directives, ordinances, regulations, or statutes applicable to such work. 6. Restoi-ation. The City shall use its best efforts to avoid interfering with RBP's use of the Property. Upon completion of each phase or item of any activity contemplated by the Authorized Site Work, the City shall immediately repair and restore all affected areas of the Property to its original condition existing before commencement of the Authorized Site Work, or to an "improved" condition if the Property is improved, or as close thereto as is reasonably possible. An intent of this provision to require the City to restore the Property as it completes different worlt on the Property and not wait completion of all Authorized Site Work prior to being required to perform restoration. 7. Indeimlzi Zicatiolz. The City shall indemnify and hold RBP harmless for, and from, any and all claims, demands, liabilities, costs, damages, and/or expenses, however characterized, arising out of and/or in connection with the City's (including without limitations its employees, agents, subcontractors, assigns, transferees, successors, or otherwise) performance of Authorized Site Work and/or the restoration of the Property pursuant to this Agreement, whether such claims, demands, liabilities, costs, damages, and/or expenses are caused by the City, its employees, agents, subcontractors, assigns, transferees, successors, or otherwise, excepting only such injury or harm to the extent caused by RBP's active negligence. The City shall indemnify and defend RBP, including, but not limited to, payment of all attorney's fees, costs, damages, and/or expenses incurred by RBP, and/or such awards against it, associated with or founded upon the aforementioned claims, demands, liabilities, costs, damages, and/or expenses. At all times during the Term of this Agreement, City shall maintain and shall provide proof of comprehensive general or commercial liability insurance of at least two million dollars ($2,000,000.00), or comparable coverage from joint powers agencies providing the equivalent of insurance coverage to the City, and provide RBP with a policy declaration, naming RBP as additionally insured. The City shall provide RBP with written notice of any cancellation of coverage and shall renew insurance certificates as they expire. S. Entire Understanding. This Agreement sets forth the entire understanding between the City and RBP with respect to the subject matter of this Access Agreement and supersedes all prior negotiations and dealings pertaining to this Agreement. 9. Modification. No change in, addition to, or waiver of any of the provisions of this Agreement shall be binding upon either party unless it is established in writing and signed by each party. 10. Termination. This Agreement may be terminated by the City at its sole discretion with thirty days (30) days' written notice to RBP. However such termination will not release City from its responsibility for Payment, Restoration, or Indemnification, as stated in the aforementioned Sections of this Agreement, or any other obligation that may have arisen or may arise as a result of this Agreement.. 11. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the Parties' successors, transferees, and assigns. 12. Notice. The person authorized to give and receive notices and information on behalf of each party and the address and fax number for that person is set forth below. A decision communicated by the authorized representative of each parry shall constitute the decision of the party, unless the other party has received prior notice, as provided herein, that the authorized representative's decision is not the decision of the party. Whenever notice or other communication is permitted or required by this Agreement, it shall be deemed given when personally delivered or when received, if delivered by overnight courier or fax, or 48 hours after it is deposited in the United States Mail with proper first class postage affixed thereto and addressed as follows: City of Ukiah Jane Chambers, City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 Fax: 707-463-6201 Redwood Business Park of Ukiah Gary L. Akerstrom Redwood Business Park of Ukiah 425 Talmage Road Ukiah, CA 95482 Fax: 707-462-5681 13. Access Agreement. Subject to the terms and conditions stated herein, including payment, this signed Access Agreement is effective as of the Effective Date By executing this Ab eement, the following persons represent they maintain actual authority to act, including the act of executing this Agreement and for the matters set forth herein, on behalf of the entity for whom said persons execute this Agreement. CITY OF UICIAH Jane Chambers City Manager, City of Ukiah REDWOOD BUSINESS PARIC OF UICIAH, A California Limited Partnership Red,VKdd Business Park of Ukiah A'California Limited Partnership By EI Dorado Estates Corp. Its General Partner By Gary L. Akerstrom, President Date Z//U � L) Date STATE OF California )SS COUNTY OF Am before File No: APN No: , Notary Public, personally appeared who proved to me on U*basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ofcial eal l Signature \ �//" 111�x� '' r �,ar, A. PEARCE U COMM. # 1857837 Qa R NOTARYPUBLIC-CALIFORNIA a MENDOCINO COUNTY 0 �o,,, COMM. EXPIRES APRIL This area for ofncial notarial seal. OPTIONAL SECTIO CAPACITY CLAIMED Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. [ J -INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) �] PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT C] TRUSTEE(S) Q GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person or Entity ❑ GENERAL Name of Person or Entity :. f- .:,; OPT70NAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: i /-L C GL -.4:5 'CZ NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE w PP.OPOSED MONITOP.ING WELLS CITY OF UKIAH CORPORATION YARD 1320 AIRPORT ROAD UKIAH, CALIFORNIA ACCESS AGREEMENT EXHIBIT A I ca -la, 1. On or before the fifth day after final approval of the Permit, the applicant and property owner shall sign and subsequently comply with an Access Agreement in the form of Exhibit A, attached, as modified with the approval of the City Attorney. 2. The applicants shall comply with a Soil and Groundwater Management Plan prepared by the City which is consistent with the requirements of the North Coast Regional Water Quality Control Board. The City shall work closely with the applicants to design the Soil and Groundwater Management Plan to balance the testing, monitoring, and remediation of soil and groundwater with the site planning and layout of the project. Any plans for reuse or disposal of contaminated soil shall be reviewed and approved by the North Coast Regional Water Quality Control Board. 3. The applicants shall install in all structures constructed on the property for human occupancy a vapor barrier of Liquid Boot or equivalent, all in accordance with plans submitted to and approved by the City Engineer. 4. The inverts of all new storm drains constructed on the property shall be designed and constructed to prevent groundwater intrusion, said design shall be approved by the City Engineer. If the storm drain for the loading dock is at an elevation that could potentially cause groundwater intrusion, special design measures, approved by the City Engineer, shall be used to prevent that groundwater from discharging into the City's storm drain system. Applicant shall determine groundwater elevation in a manner approved by the City Engineer. 5. The applicant/owner shall grant unimpeded access to the City to take water samples on a regular basis from the storm drain system or from future monitoring wells. If the water samples test positive for contaminants and/or the City is required by a regulatory agency to prohibit groundwater discharge from the french drain to the storm drain system, the applicant/owners shall cooperate with the City to prevent the discharge of contaminated groundwater from the property to the storm drain system. 2/10/2010 Guillon Use Permit File No: 09 -31 -UP -PC Supplemental Hydrology and Water Quality Mitigation Measures and Conditions of Approval 1. On or before the fifth day after final approval of the Permit, the applicant and property owner shall sign and subsequently comply with an Access Agreement in the form of Exhibit A, attached or as modified with approval of the City Attorney. 2. The applicants shall comply with a Soil and Groundwater Management Plan prepared by the City which is consistent with the requirements of the North Coast Regional Water Quality Control Board. The City shag work closely with the applicants to design the Soil and Groundwater Management Plan to balance the testing, monitoring, and remediation of soil and groundwater with the site planning and layout of the project. Any plans for reuse or disposal of contaminated soil shall be reviewed and approved by the North Coast Regional Water Quality Control Board. 3. The applicants shall install in all structures constructed on the property for human occupancy a vapor barrier of Liquid Boot or equivalent, all in accordance with plans submitted to and approved by the City Engineer. 4. The inverts of all new storm drains constructed on the property shall be designed and constructed to prevent groundwater intrusion, said design shall be approved by the City Engineer. If the storm drain for the loading dock is at an elevation that could potentially cause groundwater. intrusion, special design measures, approved by the City Engineer, shall be used to prevent that groundwater from discharging into the City's storm drain system. Applicant shall determine groundwater elevation in a manner approved by the City Engineer. 5. The applicant/owner shall grant unimpeded access to the City to take water samples on a regular basis from the storm drain system or from future monitoring wells. If the water samples test positive for contaminants and/or the City is required by a regulatory agency to prevent groundwater discharge from the french drain to the storm drain system, the applicantlowners shall reasonably cooperate with the City to prevent the discharge of contaminated groundwater from the property to the storm drain system. GuUlon Retail Building Use Permit Supplemental Mitigation Measures and Conditions of Approval 1230 Airport Park Boulevard File No. 09 -31 -UP -PC AGREEMENT REGARDING CONDITIONS OF APPROVAL EXHIBIT C I1� ( 1z, -- March 3, 2010 AGREEMENT REGARDING CONDITIONS OF APPROVAL FOR USE PERMIT NO. 09-31 This Agreement is entered in Ukiah, California, on , 2010 ("Effective Date") among the City of Ukiah ("City"), a general law municipal corporation, Redwood Business Park of Ukiah, a California Limited Partnership ("RBP"), who is the owner of real property located at Ukiah, California, known as Mendocino County Assessor's Parcel Number 180-080-25 and Lot B 1 as shown on the Final Map of Redwood Business Park of Ukiah, Unit -I, filed in Map Case 2, Drawer 47, Page 24, Mendocino County Records (the "Property"), and Guillon, Inc. , a California corporation ("Applicant"). RECITALS: 1. RBP has applied to subdivide the Property into two parcels, hereafter referred to as Lot B 1-A and B 1-B, which are depicted on the attached Exhibit A. 2. Applicant has applied for a Use Permit to construct a retail commercial building on Lot B1 -B, which is proposed to be used as Sears Catalogue Store and/or other retail business(es) ("the Project"). 3. The City owns property located at 1320 Airport Road, also known as Mendocino County Assessor's Parcel No. 003-280-05 ("Corp Yard"), which has been used by the City as an operations center for municipal departments, including the City's public works department and its motor pool. 4. This City has and is currently undertaking an ongoing investigation of the release of contaminants, including petroleum hydrocarbons and fuel oxygenates (collectively "the impacts") to the environment from former underground fuel storage tanks ("USTs") located at the Corp Yard. 5. Lot B 1 is located to the east of the Corp Yard on the east side of Airport Road and the railroad tracks which separate the Corp Yard from the Property. 6. RBP has installed a french drain along the western boundary of the Property which intercepts surface and groundwater on the Property and discharges that water to the storm drain system. 7. Monitoring wells installed by the City have detected impacts at the western and northern boundary of Lot B 1. 8. The North Coast Regional Water Quality Control Board ("Regional Board") has approved a Feasibility Study and Corrective Action Plan (FS/CAP) dated December 1, 2005, and a Remedial Action Plan, dated June 2007 ("Action Plan"), which include a work plan to further investigate and remediate the impact of the USTs on the Property. The FS/CAP calls for the installation of groundwater monitoring wells on the Property followed by quarterly sampling for a period of one-year. RBP, as owner of the Property, has or will enter an Access Agreement with the City, a true and correct copy of which is attached hereto as Exhibit B, which will provide the City with access both to Lot B 1-A and Lot B1 -B for the purposes stated in Exhibit B. 9. The City must protect the public health and safety on the Property and in the areas east and south of the Corp Yard and the Property from any adverse effects from the impacts. For these reasons, the City's Planning Department has proposed five conditions of approval for the Use Permit, which are set forth in the attached Exhibit C ("the Conditions"). 10. Compliance with the Conditions will increase the cost of the Project authorized by the Use Permit that would not otherwise be incurred. These costs are necessary to investigate, remediate and mitigate the effects of the impacts. As such, they constitute "public works of improvement" within the meaning of Labor Code Section 1720(c)(2). The City agrees to contribute no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work. In addition, the City will have no proprietary interest in the overall project. Under this Agreement, the City agrees to pay or reimburse the Applicant and/or RBP in a timely manner for any such costs, reasonably and necessarily incurred, associated with the conditions and compliance thereof, and are entering into this Agreement for that purpose. AGREEMENT: WHEREFORE, in consideration of the above -recitals and the terms and conditions set forth below, the parties agree as follows. 1. Execution of Access Agreement. On or before approval of this Agreement by the Ukiah City Council, RBP shall sign the Access Agreement attached hereto as Exhibit B. 2. Intent of Agreement. The intent of this Agreement is for the City to pay and/or reimburse RBP and/or Applicant for increase in costs, reasonably and necessarily incurred by RBP and/or Applicant to comply with the Conditions. "Increase in cost," as used in this Agreement means increased costs of the project to include: work required by the Conditions; work required to comply with the Conditions, including payment of prevailing wages to the extent required by Labor Code section 1720; performance of other work affected by the Conditions; increased in design costs; increased construction administrative costs reasonably and necessarily associated with the work required to comply with the Conditions or work affected by the condition; and, increased costs resulting from increased time to complete the Project resulting from compliance with the Conditions, provided that the party seeking reimbursement for an increase in costs attributable to delay could not have avoided the delay through the exercise of due, diligence. - - -------- ---v---_ Deleted. Notwithstanding any other I provision herein, Increase in cost, as used in this Agreement shall also include costs to RBP reasonably and necessarily resulting from the conditions and imposition thereof, including, but not limited to, holding costs of the Property, and the lost.use attd(or value of money__,_ P would have otherwise received in selling Lot B I -B (from at least November 5, 2009, until escrow closes on Lot B I -B) but for the delays associated with the conditions. As to any such costs, a claim shall be made, approved, disapproved, and/or arbitrated as provided for in paragraph 3.¶ 3. Procedure for the approval of costs. Except as otherwise set forth herein, with respect to all costs to be paid or reimbursed by City under this Agreement, the City shall pay all of an approved cost within thirty (30) days after it receives an invoice for the amount of the approved cost. The Applicant and/or RBP may obtain approval for a cost using the following procedure: a. The Applicant and/or RBP ("claimant") shall submit to the City for approval a written description of the work, including an itemized cost of all materials or fixtures to be used or installed in the performance of the work, the method used to procure bids or proposals to perform the work or to estimate the cost of the work, the qualifications and licensing of the contractor and the cost of the work. The City shall approve or disapprove the expense within fifteen (15) days of its receipt of all the information reasonably required or requested by the City to evaluate to claim by giving written notice of its decision to the claimant; provided, however, that City shall request any additional information not already submitted with the claim within seven (7) days of the claim's initial submittal, and, if that should occur, the City must approve or disapprove the claim within ten (10) days of submittal of such additional information. b. In order for a claimed cost to be reimbursed, the City must approve the expense as necessary and reasonable, such approval not to be unreasonably withheld. c. The Applicant and/or RBP may submit any disapproved cost to binding dispute resolution as follows. Within thirty (30) days of the Effective Date, by mutual agreement, the Parties shall designate a person to resolve disputes concerning claims for payment and/or reimbursement. The designated person ("Arbitrator") shall be a person with appropriate training and experience in civil engineering and/or the building trades. Except as otherwise set forth herein, the parties shall share equally the Arbitrator's fees and expenses. Within lfteen (l5) days after the City denies an application for the - - Deleted: ten approval of a claimed cost or reimbursement expense, the claimant may request Deleted: o resolution by the Arbitrator by giving the City and the Arbitrator written notice thereof. The notice shall include all information the claimant wants the Arbitrator to consider in resolving the dispute. Failure to give timely and adequate notice of a request for dispute resolution waives the right to dispute the disapproved cost. Withal zfteen (15) days after Deleted: fie the City receives the written notice from the claimant, the City shall submit to the Arbitrator a written response to claim with a copy to the claimant. The City's submission shall include all information it wants the Arbitrator to consider in resolving the dispute. Within five (5) days after the City submits its response or after the City's response was due, if no response is filed by the City, the Arbitrator shall schedule and give notice of the date, time and location of a hearing at which both the claimant and the City may appear with or without counsel and any witnesses they wish to call. The hearing shall be conducted no sooner than ten (10) and no later than fifteen (15) days after notice of hearing has been given. After considering the written submissions and any evidence, argument or answers by the parties to the Arbitrator's questions, the Arbitrator shall decide whether the City's decision should be upheld or the claimed expense should be allowed in whole or in part. The Arbitrator shall notify the parties of his or her decision within ten (10) days after the conclusion of the hearing. The Arbitrator may order one party to pay all of the expenses of the Arbitration and to reimburse all or a portion of attorneys' fees incurred by the other party in participating in the Arbitration, if he or she determines that the party's position was not reasonable in light of the provisions of the agreement and the facts presented to the Arbitrator. The decision of the Arbitrator shall be final and binding on the parties. d. The City shall pay Applicant and/or RBP $250.00 per claim for expense reimbursement to compensate the Applicant and/or RBP for the cost of submitting and processing the claim. e. Only work performed by Applicant_ and/or RBP under contract to comply with the Conditions, the costs of which is paid or reimbursed by City under this Agreement, will require the payment of prevailing wages required for public works under the California labor Code. Accordingly, the City shall reimburse the Applicant and/or RBP for the difference between the cost of constructing the Project without paying prevailing wages and the cost of constructing the Project with the payment of prevailing wages, including the actual increased costs incurred by the Applicant to comply with the prevailing wage requirements in Labor Code Section 1720 et seq. That claim shall be submitted pursuant to the procedures specified in this paragraph 3. f. All awards rendered by decision of the Arbitrator, as attorney's fees, costs, and expenses associated therewith, and/or for the claim expense set forth above in subparagraph d, shall be paid by City within thirty (30) days of receipt of the Arbitrator's decision or receipt of claim, as the case may be. 4. Costs of Condition No. 2. If the Applicant and/or RBP anticipates that they will incur an Increase in cost in complying with a Soil and Groundwater Management Plan prepared by the City in compliance with Condition No. 2, they shall notify the City of the proposed work or expense giving rise to the cost as soon as possible. The City may elect to arrange for the performance of that work, as long as that will not cause undue delay in the completion of the Project. The Applicant or RBP shall reasonably cooperate with the City in performing or arranging for the performance of the work. If the City does not elect to perform or contract for the performance of the work, the City will pay for the work in accordance with paragraph 3. If the City elects to perform the work or contract with another to perform the work, and Applicant and/or RBP anticipates incurring, or actually incurs, an increase in construction cost as a result thereof, the City shall pay said costs in accordance with paragraph 3. 5. Design Costs to comply with Conditions No. 2, 3, and 4. If the Applicant and/or RBP anticipates that it will incur designs costs, or an Increase in costs, as a result thereof, to comply with Conditions No. 2, 3 and/or 4, the City shall pay those costs in accordance with paragraph 3. 6. Costs of Condition Nos. 3 and 4. The City will pay for any Increase in costs required to comply with Condition Nos. 3 and/or 4 in accordance with paragraph 3. The 4 party seeking payment of that cost shall submit such information as City reasonably requests to determine that the cost represents an Increase in cost of the Project. 7. The storm drain. If the water samples from the storm drain referenced in Condition No. 5 test positive for impacts and/or the City is required by a regulatory agency to prevent groundwater discharge from the french drain to the storm drain system, the Applicant or RBP shall reasonably cooperate with the City to prevent the discharge of impacted groundwater from the Property to the storm drain system. If the Applicant and/or RBP anticipates that it will incur a cost in complying with this requirement, it shall notify the City of the proposed work or expense giving rise to the cost as soon as possible. The City may elect to arrange for the performance of that work. The Applicant or RBP shall reasonably cooperate with the City in performing or arranging for the performance of the work. If the City does not elect to perform or contract for the performance of the work, the City will pay for the design costs, Increase in costs, and the work in accordance with paragraph 3. If the City elects to perform the work or contract with another to perform the work, and Applicant and/or RBP anticipates incurring, or actually incurs, an Increase in cost as a result thereof, the City shall pay said costs in accordance with paragraph 3. 8. Indemnification. The City shall indemnify and hold Applicant and RBP harmless for, and from, any and all claims, demands, liabilities, costs, damages, and/or expenses, however characterized, arising out of and/or in connection with the City's (including without limitations its employees, agents, subcontractors, assigns, transferees, successors, or otherwise) performance of any work under this Agreement, or any claims by third parties based on the design or construction performed to comply with the Conditions, whether such claims, demands, liabilities, costs, damages, and/or expenses are caused by the City, its employees, agents, subcontractors, assigns, transferees, successors, or otherwise, excepting only that portion of such injury or harm as is caused ,by Applicant_and/or RBP's negligence. _ The City shall indemnify_and_defend Applicant_ - - - Deleted: exclusively and/or RBP, including, but not limited to, payment of all attorney's fees, costs, damages, and/or expenses incurred by Applicant and/or RBP, and/or such awards against it, associated with or founded upon the aforementioned claims, demands, liabilities, costs, damages, and/or expenses. At all times during the Term of this Agreement, City shall maintain and shall provide proof of comprehensive general or commercial liability insurance of at least two million dollars ($2,000,000.00), or comparable coverage from joint powers agencies providing the equivalent of insurance coverage to the City, and provide Applicant and RBP with a policy declaration, or other appropriate documentation, naming them as additionally insured. The City shall provide Applicant and RBP with written notice of any cancellation of coverage and shall renew insurance certificates as they expire so there is no lapse in coverage. 9. Miscellaneous. a. The parties agree that this Agreement shall not operate to limit, waive, or otherwise effect any claim by RBP for costs to it resulting from imposition of the Conditions, including, but not limited to, holding costs of the Property, and the lost use and/or value of money RBP would have otherwise received in selling Lot B1 -B (from at least November 5, 2009, until escrow closes on Lot B1 -B) but for the delays associated with the conditions. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any and all other prior writings and oral negotiations concerning the same subject matter, including, but not limited to, the Indemnification Agreement made part of the Planning Permit Application signed by Applicant that applies to the subject matter of this Agreement. The Access Agreement between the City and RBP is not affected by the terms of this Agreement. Except to the extent based on the Conditions, this agreement does not supersede that portion of the Indemnification Agreement that pertains to any claim, action or proceeding brought against the City or its agents, officers, council members, employees, boards, commissions or Council, the purpose of which is to attack, set aside, void, or annual any approval of the use permit application or related decision, or the adoption or certification of any environmental documents or negative declaration which relates to that approval. b. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. c. Any notices, documents, correspondence or other communications concerning this Agreement may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served, received, or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. Gary L. Akerstrom Redwood Business Park of Ukiah 425 Talmage Road Ukiah, CA 95482 FAX: 707-462-5681 IF TO APPLICANT: Steve Honeycutt Guillon, Inc. 2550 Lakewest Drive, Suite 50 Chico, CA. 95928 FAX: 530-897-6455 IF TO CITY: City of Ukiah Attention: Tim Eriksen Ukiah Civic Center 300 Seminary Avenue Ukiah, CA. 95482 FAX: 707-463-6201 d. -This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Mendocino County, California. e. _This agreement shall be assignable to any owner or successor -in - interest to Lot Bl -B and shall inure to the benefit of and be binding upon the successors, assigns, or transferees of said Lot. The term "Applicant," when used herein shall include any such permitted successor, assignee, or transferee. f. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. However, in the event of any action or proceeding arising out of, or brought to enforce, this Agreement, the prevailing party therein shall be entitled to an award against the other of all attorney's fees, costs, and expenses incurred therein. g. This Agreement is entered into for the sole benefit of City, Applicant, RBP and their permitted successors and assigns and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. This Agreement is binding and applicable only in relation to the particular use application referenced above. h. Section headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. i. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. j. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. k. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. March 3, 2010 Access Agreement between City of Ukiah And Redwood Business Park of Ukiah, a California Limited Partnership This Access Agreement (the "Agreement") is entered on , 2010 ("Effective Date"), in Ukiah, California between the City of Ukiah ("City), a general law municipal corporation, and Redwood Business Park of Ukiah, a California Limited Partnership ("RBP"), who is the owner of real property located in Ukiah, California, known as Mendocino County Assessor's Parcel Number 180-080-25 and also known as Lot B-1 as shown on the Final Map of Redwood Business Park of Ukiah, - Unit I, filed in Map Case 2, Drawer 47, Page 24, Mendocino County Records (the "Property"). RECITALS. 1. The City owns property located at 1320 Airport Road, also known as Mendocino County Assessor's Parcel No. 003-280-05 ("Corp Yard"), which has been used by the City as an operations center for municipal departments, including the City's public works department and its motor pool. 2. This City has and is currently undertaking an ongoing investigation of the release of contaminants, including petroleum hydrocarbons and fuel oxygenates (collectively "the impacts") to the environment from former underground fuel storage tanks ("USTs") located at the Corp Yard. The North Coast Regional Water Quality Control Board ("Regional Board") has approved a Feasibility Study and Corrective Action Plan ("FS/CAP") dated December 1, 2005, and a Remedial Action Plan, dated June 2007 ("Action Plan"), which includes a work plan to further investigate the impact of the USTs on the Property. The FS/CAP calls for the installation of groundwater monitoring wells on the Property followed by quarterly sampling for a period of one year. The number and location of each monitoring well to be installed on the Property in accordance with the approved FS/CAP are depicted as MW 21B, MW 22, MW 23B and MW 24 on the attached Exhibit A, which is incorporated herein by reference. RBP has installed a french drain and storm drains on the Property. The City requires access to the Property to take water samples from the storm drain system. The City's authorized work on the Property, henceforth termed as "Authorized Site Work," includes, and is limited to, construction of the aforementioned monitoring wells, survey for said monitoring wells, collection and analysis of groundwater samples from said monitoring wells and/or storm drains, and reporting thereof. The Action Plan includes a work plan to further investigate and remediate the impacts of the USTs on the Property. The specifics of that further investigation and remediation ("Additional Authorized Site Work") will be developed based on the results of the Authorized Site Work. The City may require access to the Property for the Additional Authorized Site Work, which access is subject to further agreement between the parties. 3. The purpose of this Agreement is to allow the City and its authorized representatives, contractors, and subcontractors access to the Property for the purpose of engaging in the Authorized Site Work. Hereafter, all references to the "City" include its authorized representatives, contractors and subcontractors. 4. This Agreement allows for the City to enter the Property as reasonably necessary to perform the Authorized Site Work, subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the above -recited facts and the terms and conditions as further stated herein, the parties agree as follows: 1. Right of Entry, During the Term of this Agreement, RBP hereby grants the City, as may be reasonably necessary, a right of access and use to enter the Property in order to perform the Authorized Site Work. In exercising this right of entry,_City shall not unreasonably interfere with RBP's development plans for the Propertyor its use of the Propit 2. Term. The term of this Agreement begins on the Effective Date and continues until December 31, 2015, unless earlier terminated as provided in paragraph 10, below. 3. Work to he Performed. Authorized Site Work. The City shall provide everything necessary to perform and complete the Authorized Site Work. The City shall have sole responsibility for the Authorized Site Work performed and shall be responsible for directing and controlling the manner and means of accomplishing the Authorized Site Work. City shall be responsible for all of the costs of performing the Authorized Site Work, The City shall keep the Property free and clear of all mechanic's and materialman's liens arising from or relating to the performance of the Authorized Site Work. If a mechanic's or materialman's lien is filed against the Property as a result of the City's performance of work authorized by this Agreement, the City shall cause any such lien to be bonded or discharged of record within twenty (20) days of being notified of the lien. Deleted: , Deleted. , or the value of the Property Deleted: The City agrees to pay RBP the sum of Ten Thousand Dollars ($10,000.00) for this right of entry, which shall be paid forthwith upon execution of this Agreement. The City's rights under this Agreement shall not be effective until RBP receives said payment.¶ 4. Notification. The City shall give a minimum of 24-hour notice to RBP before entering the Property to perform any part of the Authorized Site Work unless otherwise authorized by RBP. S. Applicable Law and Regulations. In exercising its rights under this Agreement, the City will comply with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever nature with respect to the Authorized Site Work, including, without limitation, all health, safety, and environmental laws, directives, ordinances, regulations, or statutes applicable to such work. 6. Restoration. The City shall use its best efforts to avoid interfering with RBP's use of the Property. Upon completion of each phase or item of any activity contemplated by the Authorized Site Work, the City shall immediately repair and restore all affected areas of the Property to its original condition existing before commencement of the Authorized Site Work, or to an "improved" condition if the Property is improved, or as close thereto as is reasonably possible. An intent of this provision to require the City to restore the Property as it completes different work on the Property and not wait completion of all Authorized Site Work prior to being required to perform restoration. 7. Indemnification. The City shall indemnify and hold RBP harmless for, and from, any and all claims, demands, liabilities, costs, damages, and/or expenses, however characterized, arising out of and/or in connection with the City's (including without limitations its employees, agents, subcontractors, assigns, transferees, successors, or otherwise) performance of Authorized Site Work and/or the restoration of the Property pursuant to this Agreement, whether such claims, demands, liabilities, costs, damages, and/or expenses are caused by the City, its employees, agents, subcontractors, assigns, transferees, successors, or otherwise, excepting only that portion of such injury or harm to the extent the same is paused by RBP's active_ negligence. _ The City shall_ indemnify_ , - Deleted: exclusively and defend RBP, including, but not limited to, payment of all attorney's fees, costs, damages, and/or expenses incurred by RBP, and/or such awards against it, associated with or founded upon the aforementioned claims, demands, liabilities, costs, damages, and/or expenses. At all times during the Term of this Agreement, City shall maintain and shall provide proof of comprehensive general or commercial liability insurance of at least two million dollars ($2,000,000.00), or comparable coverage from joint powers agencies providing the equivalent of insurance coverage to the City, and provide RBP with a policy declaration, naming RBP as additionally insured. The City shall provide RBP with written notice of any cancellation of coverage and shall renew insurance certificates as they expire. 8. Entire Understanding. This Agreement sets forth the entire understanding between the City and RBP with respect to the subject matter of this Access Agreement and supersedes all prior negotiations and dealings pertaining to this Agreement. 9. Modification. No change in, addition to, or waiver of any of the provisions of this Agreement shall be binding upon either party unless it is established in writing and signed by each party. 10. Termination. This Agreement may be terminated by the City at its sole discretion with thirty days (30) days' written notice to RBP. However such termination will not release City from its responsibility for Payment, Restoration, or Indemnification, as stated in the aforementioned Sections of this Agreement, or any other obligation that may have arisen or may arise as a result of this Agreement.. 11. Successors and Assigns. This Agreement is binding upon and inures to the benefit of the Parties' successors, transferees, and assigns. 12. Notice. The person authorized to give and receive notices and information on behalf of each party and the address and fax number for that person is set forth below. A decision communicated by the authorized representative of each party shall constitute the decision of the party, unless the other party has received prior notice, as provided herein, that the authorized representative's decision is not the decision of the party. Whenever notice or other communication is permitted or required by this Agreement, it shall be deemed given when personally delivered or when received, if delivered by overnight courier or fax, or 48 hours after it is deposited in the United States Mail with proper first class postage affixed thereto and addressed as follows: City of Ukiah Jane Chambers, City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA. 95482 Fax: 707-463-6201 Redwood Business Park of Ukiah Gary L. Akerstrom Redwood Business Park of Ukiah 425 Talmage Road Ukiah, CA 95482 Fax: 707-462-5681 13. Access Agreement. Subject to the terms and conditions stated herein, including payment, this signed Access Agreement is effective as of the Effective Date El By executing this Agreement, the following persons represent they maintain actual authority to act, including the act of executing this Agreement and for the matters set forth herein, on behalf of the entity for whom said persons execute this Agreement. CITY OF UKIAH Jane Chambers City Manager, City of Ukiah REDWOOD BUSINESS PARK OF UKIAH, A California Limited Partnership Redwood Business Park of Ukiah A California Limited Partnership By El Dorado Estates Corp. Its General Partner By Gary L. Akerstrom, President Date Date WE UKIAH MUNICIPAL AIRPORT RUNWAY OVOU la0dHIV -------^��-------=----------------------------- 2 NORTH m O TRANSECT A. - A' AN®B - B° MAP FIGURE -,^ = CITY OF UKIAH CORPORATION YARD 3 1320 AIRPORT ROAD UKIAH, CALIFORNIA 98-621 � 00 �/m^ o �? r c o m > Z cz y o m p m a O C z a Z m m to Z o o y a ro a a Z c o 2 r ? r- o 2 NORTH m O TRANSECT A. - A' AN®B - B° MAP FIGURE -,^ = CITY OF UKIAH CORPORATION YARD 3 1320 AIRPORT ROAD UKIAH, CALIFORNIA 98-621 .' GREGG DRILLING, -.,-a) TESTING, INC. GREGG IN STILT, INC. ENVIRONMENTAL AND GEOTECHNICAL INVESTIGATION SERVICES Cone Penetration Test Sounding Summary -Table I- 950 Howe Rd o Ma rfanez, C111ifornia 94553 t(SI �J25S®TT-MR cPi10ES:SL1II�IERCIILE o LSA GELES o SALT LADE CITY H:?STN o��N�0 0 FAXR �nvw.greggdTi11ine cam (925) 313-0302 BERLIN (N,it ALTGL?ST 1 R, ci€ December 1, 2005 Mr. Jinn Tischler Forth Coast Regional Water Quality Control Board 5550 Skylane Blvd., Ste. A Santa Rosa., CA. 95403 'FEASIBILITY. RECTWE ACTION FLAN CITY OF UKLAH CORPORATION YARD .1320 AIRPORT ROAD, UIGAH, CALIFORNIA EBA Project I -98-621 (6 2) Dear Mx. Tischler: EBA ENGINEERE\TG (EB A) is pleased to subinit this Feasibility Study and Corgi ective .Action P1ari (FS/CAP) for the above -referenced site. This FS/CAp has been prepared at the request of the North Coast Regional "Tater Quality Control .Board (T\TCRWQCB) and approval. and is being submitted for your review Sincerely, EEA ENTGINE+E TG � 5 Nathan Casebeer Staff Geologist Enc: Feasibility Study and Corrective .Action Plan LA,Augt 621u>aabc01p\Rept\R01 FS GAP1cNz1tr.d.c P25 �ortcina AvY -mus, SuiSE^ �_ S r r t`' i r (. tifr r :IJ ,i S.� tfrt. S'��L.of /�)i' fit -�./�f FA_}- p )j) C�a Ikerstrom ,n: "Matt Earnshaw" <mearnshaw@ebagroup.com> "Gary Akerstrom" <northco@pacific.net> Cc: "Nathan Casebeer" <ncasebeer@ebagroup.com> Sent: Wednesday, August 23, 2006 4:02 PM Attach: PROPOS MONT WELL LOC PLAN 2006 Layout1.pdf; mearnshaw.vcf Subject: Proposed Monitoring Well Locations Mr. Akerstrom, Please find attached a draft PDF drawing showing the proposed locations of the monitoring wells on your property. Presently, the City of Ukiah is processing the text portion of the access agreement of which this sheet (after your review and concurrence with the locations) will be attached. EBA has the installation of these monitoring wells scheduled for September 11 through 20. Please let me know if you have any questions or comments. Thank you for your time and consideration of this request. IVB, ,irus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.405 / Virus Database: 268.11.6/427 - Release Date: 08/24/2006 f Page 1 of 08/24/2006 CPr-6 ..... . . .... �( . ............ . - . .......... ....... . . ..... . . ........ .... MW -21B M-15 .............. . ........ ..... :,_ ..... ....... . .............. Ir i NOTE: PROPOSED RECORDS OVERLAP FUTURE DESIGN WAREHOUSE (S) AND ROADWAY (N) CPT -14 PROPOSED WAREHOUSE CPT -13 MW -23B M1 7 APN 180-008-025 .......... =m ovoHlHodaro OVOlilIVH OId1OVd 153WIlHON a.S u0 PROPOSED MONITORING WELL LOCATIONS _ _ Efv GffVErER1fVG A ` CRY OF UKM CORPORATION YARD k L 1320 AIRPORT ROAD UKIAH, CALFORNIA nedwood .business Park ukl i, 425 Talmage Road . Ukiah. California 95482 • (707) 462.1961 _ SZ9Cfz��/�J��- � /1%/�,7i�. iii.=�1����3G�=� ��=7iG✓zC �����i"_ -12 Ze e,2 �1 Signed C-� MO Ar% Aj fft I Ln In .47 M M A p=w 425 Talmage Road o Ukiah, California 95452 0 (707) 462-1961 February 13, 2007 Mr. Rick Seanor Deputy Director of Public Works City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Mr. Seanor: Prior to signing the Access Agreement for testing to evaluate the extent of the underground contamination from the City's Corporate Yard, we will need Sections 6, 7 and 10 modified as follows: 6. Restoration. The City shall avoid interfering with the Owner's use of the property. Upon completion of any and all activities contemplated by the Work Plan including, without limitation, sampling, testing, response and remediation activities, and/or cleanup of any affected area of the Property, the City shall repair and restore all affected areas of the Property to its original condition existing before commencement of the Work, or to an "improved" condition if the property is improved, or as close thereto as is reasonably possible. 7. Indemnification. The City will indemnity the Owner for any damage or loss of value to the In Property caused by City while performing work pursuant to this Agreement or by the release of any petroleum hydrocarbons or other contaminates from the Corporate Yard. The City will indemnify and defend the Owner against any claim by a third party against Owner for damages or personal injuries, including death, which damages are proximately caused by the negligent or willfully wrongful act or omission of City in performing tinder this Agreement or by the release of said hydrocarbons or contaminates from the Corporate Yard. The City will provide proof of comprehensive general or commercial liability insurance or comparable coverage frons joint powers agencies providing the equivalent of insurance coverage to the City and provide Owner with a policy declaration, naming Owner as additionally insured. The City shall provide Owner with written notice of cancellation of coverage and shall renew insurance certificates as they expire. Mr. Rick Seanor February 13, 2007 Page 2 10. Termination. This Agreement May be terminated by either party at its sole discretion with thirty days (30) days' written notice. However, such termination will not release the City frons its responsibility for "Restoration" or "Indemnification" as stated in the aforementioned Sections of this Agreement. If you have further questions, please do not hesitate to contact me. Very truly yours, f Gary'L. Akerstrom GLA:bs r . CaHfornfa Regionaf Water Quafit-y Control Board North Coast Region, Bob Anderson, Chairman V%WW.waterboards. ca. gov/northcoast Linda S. Adams 5550 Skylane Boulevard, Suite A, Santa Rosa, California 95403 Secretary for Phone: (877) 721-9203 (toll free) - Office: (707) 576-2220 • FAX. (707) 523-0135 Environmental Protection August 5, 2009 Ms. Jennifer Faso City of Ukiah Planning and Community Development Department 300 Seminary Avenue Ukiah, CA 95482 Dear Ms. Faso: Subject: Comments on the Site Development Permit application for the Guillon Retail Building, 1230 Airport Park Boulevard, Ukiah, CA Arnold Schwarzenegc Govemor Thank you for the opportunity to comment on the proposed Guillon Retail Building project. We appreciate the chance to participate early in the environmental review process. The North Coast Regional Water Quality Control Board (Regional Water Board) is a responsible agency for this project, with jurisdiction over the quality of ground and. surface waters (including wetlands) and the protection of the beneficial uses of such waters. The project consists of the construction of a retail building and parking. The project information did not clearly define whether the parcel is currently developed or not, as the APN identified for the parcel differs between the proposed site plan (180-086-25) and the cover sheet (180-080-25). The retail building area will total 16,005 square feet, plus 54 parking stalls. We did not receive enough project specific information to allow us to fully assess the potential environmental impacts of this project. The project and site descriptions were limited, and as previously mentioned the exact location of the project is unclear. Consequently, our input is based upon this limited information and should be considered guidelines towards designing project mitigations for impacts to water quality, rather than a complete analysis of the project's water quality issues. Storm Water Construction and development have the potential to negatively impact water quality in several ways. Construction activities can discharge pollutants to storm water and California Environmental Protection Agency Recycled Paper surface waters, remove vegetation, destabilize soils, or compact soils resulting in reduced infiltration. Development can increase the amount of impervious surface on a parcel, which results in decreased quality of storm water runoff and increased volume of storm water runoff. Impervious surfaces prevent water from infiltrating into the ground, creating higher volumes of runoff that travel at a high velocity and can cause erosion. The runoff also collects any pollutants that remain on the impervious surfaces, such as oil or grease left on a parking lot. As storm water conveyance systems discharge runoff into streams and rivers, increases in impervious surfaces can have direct negative impacts upon water quality. Consequently, projects must mitigate for ground disturbances and increases in impervious surfaces associated with construction and development. Storm water mitigation should aim to accomplish three things. One, pollutants generated at the development site should be prevented from reaching storm drains. Two, post -development runoff flows and volumes should match pre -development runoff to the maximum extent possible. Three, natural areas of a development site should be conserved whenever possible. The Regional Water Board encourages designating time windows for construction activities. Construction should take place during the dry season whenever possible to lessen the likelihood of a storm event carrying sediment or other pollutants from areas of disturbed ground. In addition, silt fences, straw bales or other barriers should be installed to prevent sediment from escaping the project site. Vehicle maintenance and loading/unloading should only take place in designated areas, and employees should be trained in cleaning up spills of hazardous materials. The site design should conserve natural areas and provide for as much permeable space as possible. The Regional Water Board recommends utilizing Low Impact Development (LID) techniques, which encourage routing storm water to bioretention areas like rain gardens, grassy swales or man-made wetlands rather than straight to storm drains. Parking areas should include vegetated strips or planter boxes, and underutilized parking areas, such as overflow parking, can be paved using permeable paving. The total paved area of the site should be kept to the minimum necessary to comply with municipal design code. We have included a list of storm water and LID resources with this letter for your reference. Hazardous Materials/Cleanup Sites Ukiah, City Corporation Yard, located at 1320 Airport Road, in Ukiah; Case Number 1TMC201. The project location is'in an area that is likely to be underlain by contaminated groundwater migrating from the 1320 Airport Road property. California Environmental Protection Agency Recycled Paper Groundwater contaminants at the site include various petroleum hydrocarbons, including benzene and methyl tertiary butyl ether. Regional Water Board staff recommends that the permitting agency require that a of the project to ensure that any soil and groundwater disturbed by the project implementation be contained and evaluated for proper disposal and handling. The SGMP must address the following issues: 1. Shallow soil (less than five feet below ground surface) would not likely be impacted by the off-site contaminant migration in groundwater. However, the SGMP should specify that supervisory personnel will conduct a visual and olfactory inspection of disturbed soil to determine whether it should be contained for further analysis and special handling. 2. Any groundwater encountered during the site construction should be assumed to contain petroleum related contaminants. If dewatering of the construction site is needed, the water should be contained for analysis prior to disposal under appropriate permits. 3. The SGMP must specify that a report of the waste removal and disposal for any contaminated soil or groundwater that is removed from the site must be submitted to the Regional Water Board. The waste disposal report must include shipping manifests and disposal receipts. 4. The SGMP must also specify that if and when any contaminated subsurface materials are encountered during the proposed activities, the project management must notify the Regional Water Board, Cleanups Division staff, so that we may be informed, and respond, in a timely manner. Waste Discharge Requirements (WDRs) or a Conditional Waiver of WDRs — Under authority of the California Water Code, the Regional Water Board may issue WDRs for any project which discharges or threatens to discharge waste to waters of the State. Projects that impact waters of the State (including any grading, activities within stream courses or wetlands) require permitting by the Regional Water Board. The Regional Water Board may also require permits for discharges of post -construction storm water runoff. An application may be printed from the State Water Resource Control Board website at: www.swrcb.ca.gov/sbforms/. Water Quality Certification (401 Certification) — Permit issued for activities resulting in dredge or fill within waters of the United States. All projects must be evaluated for the presence of jurisdictional wetlands and other waters of the State. Destruction of or impacts to these waters should be avoided. Under the Clean Water Act Sections 401 and 404, disturbing wetlands requires a permit from the United States Army Corps of Engineers (ACOS) and a State 401 permit. To determine whether wetlands may be present on any proposed construction site, please contact Jane Hicks of ACOS at (415) California Environmental Protection Agency Recycled Paper 503-6771. If wetlands are present, please contact Stephen Bargsten from our office at (707) 576-2653 for a 401 Permit. If you have any general questions, you may contact me at (707) 570-3761 or mdougherty@waterboards.ca.gov. Questions related to hazardous materials cleanup may be directed to Jim Tischler at (707) 576-2469. Sincerely, Mona Dougherty Water Resources Control Engineer :09CH»_C%!'It_�Ui;0f1�1t8(I�UIIC}I'1 Enclosures: LID and Storm Water Resources California Environmental Protection Agency Recycled Paper Low Impact Development Resources Puget Sound LID manual: http://www.psp.wa.gov/downloads/LID/LID manua12005.pdf Resolution of the California Ocean Protection Cduncil Regarding Low Impact Development: http://www.resources.ca.gov/copc/05-15- 08 meeting/05 LID/0805COPC05 %20LID %20Res%20amended. pdf Low Impact Development Center: http://www.lowimpactdevelopment.org Green Infrastructure Municipal Handbooks: http•//cfpub2 epa qov/npdes/greeninfrastructure/munichandbook.cfm Marin County's LID manual: http://www.mcstoppp.org/acrobat/GuidanceforApplicantsv 2-5-08.pdf San Diego County's LID manual — has a section -on LID for roads: http://www.sdcounty.ca.gov/dplu/docs/LID-Handbook.pdf Low Impact Development — Sustainable Storm Water Management: http://www.waterboards.ca.gov/water issues/programs/low impact development/ EPA Green Infrastructure Basic Information: httr)://cfpub.epa.gov/npdes/greeninfrastructure/information.cfm Managing Wet Weather with Green Infrastructure: http://cfpub.epa.gov/npdes/home.cfm?program id=298 State Water Board Funded Projects That Include Low Impact Development: http://www.waterboards.ca.gov/water issues/programs/g rants loans/low impact development/ City of Portland's Sustainable Storm Water Management Program — LID for streets: http://www.poFtlandonline.com/bes/index.cfm?c=34598 Low Impact Development Center— Green Highways and Green Infrastructure: http://www.lowimpactdevelopment.org/green highways.htm Streetscape improvements and water quality design: http://www.lowimpactdevelopment.org/nhb/lid.htm Low Impact Development for Roads - Washington State Green Building for Transportation Infrastructure webpage: httr)://www metrokc.qov/kcdot/roads/eng/lid/militarVs272/index.cfm LID Urban Design tools — has design software for different BMPs: http://www.lid-stormwater.net/homedesign.htm LID design fact sheet: http://www.coa.stal.ca.gov/nps/lid-factsh.eet.pdf California Environmental Protection Agency Recycled Paper LID Training Program for Linear Transportation Projects: http://www.lowimpactdevelopment.org/epa03 transportation. htm Storm Water Management and LID at EPA headquarters — BMP choice and design: http://www.epa.gov/owow/nps/lid/stormwater hg/ http://sustainablesites.org/ A Review of Low Impact Development Policies: Removing Institutional Barriers to Adoption: http://www.waterboards.ca.gov/lid/docs/ca lid policy review.pdf htttp://www.cwp.org/Resource Library/Center Docs/SW/georgic css. pdf Storm Water Resources: The CASQA Construction BMP manual: http://www.cabmphandbooks.com/Construction. asp This is our MS4 website that has storm water and LID links: http://www.waterboards.ca.aov/northcoast/water issues/hot topics/santa rosa ms4 npdes stormwater_ ep rmit/ State Water Board Storm Water Program: http://www.waterboards.ca._qov/water iss ues/prog ram s/stormwater/ Erase the Waste Campaign — California Storm Water Toolbox: http://www.waterboards.ca.gov/water issues/programs/outreach/erase waste/ State Water Board Storm Water Grant Program: http://www.waterboards.ca.gov/water issues/programs/rants loans/prop84/index'shtml The San Francisco Regional Water Board storm water website: http://www.waterboards.ca.gov/sanfranCiscobay/water issues/programs/stormwater/avail docs shtml EPA Storm Water Program: http://cfpub.epa.gov/npdes/home.cfm?program id=6 Federal Funding Sources for Watershed Protection: http://cfpub.epa.gov/fedfund/ California Stormwater Quality Association: http://www.casge.orql Stormwater Manager's Resource Center: http://www.stormwatercenter. net/ Post Construction BMPs: http://www.stormwaterauthoritv.orq/library/library. asr)x?id=190 For more information, please contact Mona Dougherty at mdoughertyCa?waterboards.ca.gov. California Environmental Protection Agency Recycled Paper ITEM NO. 9B 1 Community Development and Planning Department 300 Seminary Avenue tb,,�,i "'J_,._">:Ukiah, CA 95482 ttii! plan ning(Dcityofukiah.com (707)463-6203 2 3 DATE: October 28, 2009 4 5 TO: Planning Commission 6 7 FROM: Kim Jordan, Senior Plann r 8 9 SUBJECT: Request for Approval of a Use Permit to construct at 16,005 square foot 10 commercial building and associated site improvements on the northern half of 11 Parcel B1 in the Redwood Business Park, 1230 Airport Park Boulevard, APN 12 180-080-25; (File No. 09-31-UP-PC) 13 14 15 RECOMMENDATION 16 17 Staff recommends that the Planning Commission: 18 19 1. Review and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program 20 included as attachment 1 subject to the findings included as attachment 2. 21 22 Should the Planning Commission be in a position to adopt the Mitigated Negative Declaration 23 and associated Mitigated Monitoring Program at the meeting, staff recommends that the 24 Planning Commission: 25 26 2. Review and approve the Use Permit based on the findings included in attachment 3 and 27 subject to the conditions of approval included in attachment 4. 28 29 PROJECT DESCRIPTION 30 31 An application has been received from Steve Honeycutt, Guillon Construction, for approval of a 32 Major Use Permit to allow construction of a 16,005 square foot retail building and associated 33 site improvements on the northern portion of vacant parcel B1 located at 1230 Airport Park 34 Boulevard in the Redwood Business Park (see attachment 5, location maps and attachment 12, 35 project plans). The building would be constructed on the rear (west) portion of the parcel. The 36 front (east) portion of the parcel would remain undeveloped as part of this project and is 37 identified as Phase 2 on the plans. 38 39 The existing Sears appliance store located in Ukiah would. occupy 10,005 square feet of the 40 northern portion' of the building,. Suite C (see attachment 12, floor plan). No tenants are 41 identified for the remaining square footage of the building. The project includes 56 onsite 42 parking spaces, drive aisles and circulation areas, outdoor trash container, loading area, Guillon Retail Building Use Permit 1230 Airport Park Boulevard File No. 09-31-UP-PC 1 City of Ukiah, California Lit ah. Planning and Community Development Department ,. 300 Seminary Avenue Ukiah, CA 95482 Project Name: Guillon Retail Building and Akerstrom Minor Subdivision File Numbers: 09 -31 -UP -PC and 09 -28 -MIN -CE Address/Location: 1230 Airport Park Boulevard, APN 180-080-25 Parcel 131 of the Redwood Business Park portion of the Airport Industrial Park Mitigation Monitoring Report/Program Monitoring Funding Responsibility Timing ::Date ted VerificationResponsibility staff MIt1�at10I1eaSlll'CS initials Aesthetics: Mitigation Measures. Planning and Community Applicant Building Permit Review & 1 Lighting should include shielded, non glare types of lights to Development O of O minimize impacts to night-time views. Sign lighting should be kept to Departmentlan an absolute minimum. A lighting should be reviewed by the City P to insure that project lights do not affect airport operation. RBP E1R Mitigation Planning and Community Applicant Building Permit Review 2. The following information shall be provided as part of the building Development permit plans for the Use Permit portion of the project and are subject Department to staff review and approval: A. A Photometric Plan shall be submitted as part of the plans submitted for building permit. This plan shall demonstrate that all onsite lighting is restricted to the site and does not "spill over" adjacent property lines. B. Light fixtures for the project shall be fixtures carrying the Internal Dark Sk Associations seal of a royal. Air Quality:*Mitigation`Measures Planning and Applicant Include on building 3. Ali construction activities shall speci construction dust miti ation Monitoring Responsibility Funding Responsibility Timing Date Verification staff Mitigation Measures g Completed initials Planning and Applicant Provided as part of the 13. The applicant shall prepare a soil and groundwater management Community building permit plans plan (SGMP) for the project that addresses the following and is Development subject to staff review and approval: Department & Public Works staff A. Shallow soil (less than 5 feet below the ground surface) would not likely be impacted by the off-site contaminant migration in groundwater. However, the SGMP should specify that supervisory personnel will conduct a visual and olfactory inspection of disturbed soil to determine whether it should be contained for further analysis. B. Any groundwater encountered during site construction should be assumed to contain petroleum related contaminants. If dewatering of the construction site is needed, the water should be contained for analysis prior to disposal under appropriate permits. C. The SGMP must specify that a report of the waste removal and disposal for any contaminated soil or groundwater that is removed from the site must be submitted to the Regional Water Board. The waste disposal report must include shipping manifests and disposal receipts. D. The SGMP must also specify that is and when any contaminated subsurface materials are encountered during proposed activities, the management must notify the Regional Water Board, Cleanups Division staff, so that we may be informed and respond in a timely manner. Planning and Applicant Prior to issuance of a 14. Developers of each project on the site must develop a Storm Community building permit Water Pollution Prevention Plan and obtain a General Development Construction Activity Permit from the RWQCB. RBP EIR Department & Public Mitigation Measure Works staff Public Works staff Applicant As part of the building 15. As part of the plans submitted for building permit, the applicant permit submittal shall submit a Preliminary Drainage Study that addresses the current conditions of the site and surrounding areas and the proposed project. Said Drainage Study shall be signed and stamped by a registered civil engineer. E October 29, 2009 Ms. Jane Chambers City Manager City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Jane: El 13 T7 N7R) 0 m em a woa a B u s u n o o Park, { daQk Ulc,iah 425 Talmage Road a Ukiah, California 95482 0 (707) 462-1961 On Monday, October 26, 2009, I received the Staff Report on the Lot B 1 (Sears) project prepared by Kim Jordan for the October 28, 2009 Planning Commission meeting. Several items in the report caught my attention as being erroneous or unreasonable. Later in the morning of October 26, I brought some of these items to Rick Seanor's attention, Since Charlie Stump and Tim Erickson were busy at the time, Rick said that he would look into these matters and call me that afternoon. I felt that expedient action should be taken since the matter was on the upcoming Planning Commission agenda. I did not receive a call on Monday. On Tuesday morning, October 27, I again spoke to Rick Seanor regarding this project. He was surprised that Tim Erickson had not called me back. I had heard from Guillon that the matter before the Planning Commission had been postponed. Again, both Tim and Charlie were busy with other matters. I asked Rick to check the status and call me. He did not call. On Wednesday morning, October 28, I spoke with Tim and Charlie expressing my concern regarding these items. Charlie confirmed that this Planning Commission item was going to be postponed until November 10. However, since I planned to be out of town for several days, I felt that the matter should be resolved as soon as possible. I also told Tim that I would get information to him later that morning regarding the Access Agreement and the Dedication of Airport Park Boulevard. The reason that I am writing to you regarding the processing of this project is that I know you, Sage, Guy and Cathleen are working on encouraging economic development for the City. My concern is that the way this project is being handled does not reflect your intentions in attracting businesses and encouraging development that would add to the City's tax base. I will review these items to illustrate why I am concerned as a citizen and developer in the City. -- Ms. Jane Chambers October 29, 2009 Page Two Item 91 - On page 27 (Attachment #1) of the Initial Environmental Study, Charlie stated that some mitigation measures may be required such as a vapor barrier under the building slab. I said that would be fine as long as the report says that the City would pay for any such measures. Sixteen years ago, we installed a french drain along Lot B 1's western boundary to intercept any groundwater that would be flowing into that lot (the site of the Sears project). This installation was successful and, for the past 16 years, groundwater has been constantly flowing out of the french drain and into the storm drain system. The flow from this particular drain is 30 to 50 gallons per minute. I am sure EBA has tested this water for hydrocarbons since one of the first items you investigate in a toxic spill is J '~ downstream, ditches, streams and storm drains. Item #2 - On August 10, 2009, Kim Jordan sent a letter to me (Attachment 42) stating that "The plans need to be revised to include the required Class III bike lane." Guillon included the bike lane on their revised plans. The proposed Conditions of Approval (Attachment 43) require the "removal of the bike lane...." from the plans. This flip-flop does not develop confidence in the planner's recommendations. Item #3 - In August I received a copy of a memo to Kim Jordan from Ben Kageyama (Attachment #4) requiring street trees to be planted along Airport Park Boulevard in "accordance with City Standard Drawing 601." At the time, I met with Ben and explained to him that: . 1. Drawing 601 does not relate to this project. 2. You do not plant trees adjacent to the curb of a driving lane. You do not plant trees over the joint trench that contains high voltage electric, gas, telephone and TV lines. This joint trench is located behind the sidewalk which I am sure Ben knows. I was surprised to see this requirement in the "Conditions of Approval (Attachment #5). Ms. Jane Chambers October 29, 2009 Page Three Item #4 - The Conditions of Approval require that an avigation easement (Attachment #3) be given to the City. I do not see a nexus between this requirement and the project. This requirement, as well as other restrictions on the property, probably constitute an inverse condemnation by the City and could lead to compensation requirements by the City for a "taking". I have enclosed a Caljur article on the subject (Attachment #6). Item #5 - The Conditions of Approval require that an easement for the monitoring wells be give to the City. The information that I gave to Tim Erickson (Attachment #7) on October 28 contained a copy of the subject agreement. Item 46 - A Standard Condition #19 requires the Applicant and property owner to indemnify the City for any action arising out of this application, even if it is caused by "passive or active negligence on the part of the City" (Attachment 0). This requirement is completely unreasonable and is a severe detriment to any development within the City. I am giving you this information so that you will know why I am concerned about how the actions of certain staff members severely reflect on the attitude of developers or prospective businesses toward development in Ukiah. I appreciate all you have done to encourage development and want to work with you in resolving this matter. Thank you for your patience. If you have any questions, please feel free to call me. GLA:ks Attachments 425 Talmage Road e Ukiah, California 95482 e (707) 462-1961 November 5, 2009 Mr. Charles Stump City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Charlie: I have reviewed the "Draft Supplemental Conditions of Approval" (copy attached) that you gave to me this morning. In response to those conditions, I submit the following comments, bearing in mind that Guillon Inc. will have to approve any conditions. Item 41 - The Access Agreement should be signed by the property owner only since the agreement is attached to the property and remains in effect even with an ownership change. Proposed Item #1 Language - The property owner and the City shall sign an "Access Agreement allowing the City access to the property for groundwater contamination assessment and remediation." Item #2 - This item is the sole responsibility of the City. All work and costs should be the City's responsibility. Proposed Item #2 Language - The City shall prepare and submit to the North Coast Regional Water Quality Control Board a "Soil and Groundwater Management Plan" for Lot B 1 as required by (NCRWQCB). The cost of said plan shall be borne exclusively by the City. Item #3 Any added vapor barriers to protect against the City's soil contamination problem shall be defined and paid for by the City. Proposed Item #3 Language - The City will provide the applicant with the plans and specifications for any vapor barriers and/or vapor probes relating to the City's ground contamination problem at the City's Corporation Yard. The City will bear all expenses for the planning and installation of these measures. Mr. Charles Stump November 5, 2009 Page Two Item 94 The inverts of the storm drains that serve the southern portion of Lot B l are approximately 6 feet below the surface. Modifying the inverts of these drains to a higher elevation will entail extensive work at a substantial cost to the City. I would recommend that the ambiguous "highest level in the winter" language be deleted in favor of a depth that is below the existing storm drain (say 7 feet). Proposed Item #4 Language - Inverts of all storm drains constructed on the property shall not be lower than 7 feet below the existing ground surface Item 45 - Obviously the existing french drain was necessary, otherwise it would not have been installed. It was installed 16 years ago to intercept any groundwater percolating into the site from the west (uphill). This drain has been working very well for the past 16 years with a continuous flow of 30 to 50 gallons per minute. Whether or not this french drain is certified by a civil engineer is immaterial. If the drain needs to be removed at this time because of groundwater contamination by the City, it would . represent significant damage caused by the City. Proposed Item #5 Language - The Access Agreement in Item #1 will allow the City on a regular basis to sample the water emanating from the existing french drain along the western boundary of Lot B 1. I hope these comments help resolve the groundwater problem caused by the City's leaking storage tanks. If you have any questions, please feel free to contact me. -- - --- -- GLA:ks Cc: Guillon Inc. GUILLON RETAIL BUILDING AND ASSOCIATED SITE IMPROVEMENTS REDWOOD BUSINESS PARK, 1230 AIRPORT PARK BOULEVARD APN 180-080-25 FILE NO. 09 -31 -UP -PC Draft Supplemental Conditions of Approval 1. The applicant and property owner shall sign and comply with an Access Agreement provided the City signs and complies with the Agreement. 2. Prior to the issuance of a Building Permit, a Soil and Groundwater Management Plan consistent with the requirements of the North Coast Regional Water Quality Control Board shall be submitted to the City for approval. 3. Install in all structures constructed on the property for human occupancy a vapor barrier of Liquid Boot or equivalent and soil vapor probes, all in accordance with plans submitted to and approved by the City Engineer. 4. Inverts of all storm drains constructed on the property shall not be constructed to the depth of the highest level in the winter of the groundwater table underlying the property (approximately 5 feet below the ground surface). 5. Either remove the existing french drain on the western boundary of the property or provide an opinion bearing the stamp of a civil engineer that the drain is necessary for the proposed use of the property. If the french drain is to be retained, the applicant/owner shall grant unimpeded access to the City to take water samples on a regular basis. 1, CALL TO ORDER 6:00 P.M. CITY COUNCIL CHAMBERS UKIAH CIVIC CENTER, 300 SEMINARY AVENUE 2. ROLL CALL COMMISSIONERS HELLAND, MOLGAARD, WHETZEL, SANDERS AND CHAIRPERSON PRUDEN 3. PLEDGE OF ALLEGIANCE 4. SITE VISIT VERIFICATION Each Planning Commissioner must visit the site of any project on the agenda requiring a quasi-judicial action, and failure to accomplish this task shall constitute grounds for recusal. S. APPROVAL OF MINUTES The minutes from the December 9 and December 10, 2009 and January 13, 2010 meetings are included for review and approval. 6. COMMENTS FROM AUDIENCE ON NON -AGENDA ITEMS The Planning Commission welcomes input from the audience. 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. 7.- APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For matters heard at this meeting, the City Clerk will accept appeals no later than 5:00 PM on February 8, 2010. Q.. PUBLIC HEARING A. Cuiilon Retail building Use Permit No. 03 -31 -UP -PC. Review and possible adoption of a Mitigated Negative Declaration for the Guillon Retail Building Use Permit at 1230 Airport Park Boulevard. Should the Planning Commission adopt the Mitigated Negative Declaration, the Commission would consider the request for approval of a Major Use Permit to allow the construction of new 16,005 square foot retail building and associated site improvements in the Redwood Business Park, 1230 Airport Park Boulevard, APN 180-080-25. The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. If possible, please contact the City of Ukiah (707) 463-6200 at least 72 hours prior to the meeting time. City of Ukiah, California alty. Of tlklaA Planning and Community Development Department 300 Seminary Avenue Ukiah, CA 95482 Project Name: Guillon Retail Building and Akerstrom Minor Subdivision File Numbers: 09 -31 -UP -PC and 09 -28 -MIN -CE Address/Location: 1230 Airport Park Boulevard, APN 180-080-25 Parcel B1 of the Redwood Business Park portion of the Airport Industrial Park Revised Mitigation Monitoring Repor" 'Program Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff Mitigation Measures initials Aesthetics: Mitigation Measures Planning and Applicant Building Permit Review & 1. Lighting should include shielded, non -glare types of lights to Community C of o minimize impacts to night-time views. Sign lighting should be kept to Development Department an absolute minimum. A lighting plan should be reviewed by the City to insure that project lights do not affect airport operation. RBP EIR Mitigation Planning and Applicant Building Permit Review 2. The following information shall be provided as part of the building Community Development permit plans for the Use Permit portion of the project and are subject Department to staff review and approval: A. A Photometric Plan shall be submitted as part of the plans submitted for building permit. This plan shall demonstrate that all onsite lighting is restricted to the site and does not "spill over" adjacent property lines. B. Light fixtures for the project shall be fixtures carrying the Internal Dark Sky Associations seal of approval. Air Quality: Mitigation Measures Planning and I Applicant Include on building 3. All construction activities shall specify construction dust mitigation Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff Mitigation Measures g initials Planning and Applicant Provided as part of the 13. The applicant shall prepare a soil and groundwater management; Community Development .._ building permit plans plan (SGMP) for the project that addresses the following and is Department & Public subject to staff review and approval: Works staff A. Shallow soil (less than 5 feet below the ground surface) would not likely be impacted by the off-site contaminant migration in groundwater. However, the SGMP should specify that supervisory personnel will conduct a visual and olfactory inspection of disturbed soil to determine whether it should be contained for further analysis. B. Any groundwater encountered during site construction should be assumed to contain petroleum related contaminants. If dewatering of the construction site is needed, the water should be contained for analysis prior to disposal under appropriate permits. C. The SGMP must specify that a report of the waste removal and disposal for any contaminated soil or groundwater that is removed from the site must be submitted to the Regional Water Board. The waste disposal report must include shipping manifests and disposal receipts. D. The SGMP must also specify that is and when any contaminated subsurface materials are encountered during proposed activities, the management must notify the Regional Water Board, Cleanups Division staff, so that we may be informed and respond in a timely manner. Planning and Applicant Prior to issuance of a 14. Developers of each project on the site must develop a Storm Community Development building permit Water Pollution Prevention Plan and obtain a General Department & Public Construction Activity Permit from the RWQCB. RBP EIR Works staff Mitigation Measure Public Works staff Applicant As part of the building 15. As part of the plans submitted for building permit, the applicant permit submittal shall submit a Preliminary Drainage Study that addresses the current conditions of the site and surrounding areas and the proposed project. Said Drainage Study shall be signed and stamped by a registered civil engineer. R Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff Mitigation Measures initials Planning and Community Applicant As part of the review of the building permit 16. Grading Plan (see Geology and Soils above) Development submittal. Department & Public Works staff Public Works N/A On or before the fifth day Added January 2010_,; after final approval of the Use Permit On or before the fifth day after final approval of the Use Permit, the applicant and property owner shall sign and subsequently comply with Public Works City Provided as part of the an Access A reement in the form of Exhibit A, attached. Added January 2010 building permit plans The applicants shall comply with a Soil and Groundwater Management Plan prepared by the City which is consistent with the requirements of ' the North Coast Regional Water Quality Control Board. The City shall work closely with the applicants to design the Soil and Groundwater Management Plan to balance the testing, monitoring, and remediation of soil and groundwater with the site planning and layout of the project. Any plans for reuse or disposal of contaminated soil shall be reviewed and approved by the North Coast Regional Water Quality Control Board. Public Works City Information provided as Added January 2010 part of the building permit and/or improvement The applicants shall install in all structures constructed on the property plans. for human occupancy a vapor barrier of Liquid Boot or equivalent, all Installed as part of in accordance with plans submitted to and approved b the Cit P PP Y Y construction of the Engineer. project. Public Works Cit/Applicant Information provided as Added January 2010- part of the building permit The inverts of all new storm drains constructed on the property shall and/or improvement plans. be designed and constructed to prevent groundwater intrusion, said Installed as part of design shall be approved b the Ci Engineer. If the storm drain for 9 PP Y City 8� construction of the the loading dock is at an elevation that could potentially cause ground project. water intrusion, special design measures, approved by the City Engineer, shall be used to preclude discharging into the storm drain system. Public Works City/Applicant Information provided as Added January 2010 part of the building permit and/or improvement The applicant/property owners shall provide the City with details of the plans. existing french drain on the western boundary of the property, Installed as part of includingan as -built or other plans, and/or details of the size and construction of the design of the trench, the pipe, he alignment and depth through -out its 9 p�p g p g project. length, the connections to the City storm -drain system, and copies of any permits or approvals for the french drain or its connection to the Ci storm -drain s stem. Thea licant/owner shall rant unim eded 0 Monitoring Responsibility Funding Responsibility Timing Date Completed Verification staff Mitigation Measures initials access to the City to take water samples on a regular basis. If the water samples test positive for contaminants and/or the City is required by a regulatory agency to prohibit groundwater discharge from the french drain to the City's storm drain system, the applicantlowners shall cooperate with the City to prevent the discharge of contaminated groundwater from the property to the City's storm drain system. Land Use and Planning: Mitigation Measures Planning and Applicant As part of the review of 17. Airport Land Use Plan: See mitigation measure in Hazards and Community the building permit Hazardous Materials section above Development submittal. Department & Public Works staff Planning and Applicant As part of building permit 18. Ordinance 1098 — Bicycle Parking: See mitigation measure in Community Development submittal. Transportation and Traffic section below Department staff Installation of bike racks prior to CofO. Noise: Mitigation Measures Planning and Applicant For the duration of site 19. Construction hours shall be limited to Monday through Friday from Community Development preparation and project construction 7:00 a.m. to 5:00 p.m. and 8:00 a.m. to 5:00 p.m. on Saturdays. No Department & Public construction work shall occur on Sundays and holidays. RBP EIR Works staff Mitigation Measure Planning and Applicant For the duration of site 20. Construction equipment shall be properly muffled and maintained. Community Development preparation and project construction RBP EIR Mitigation Measure Department & Public Works staff Planning and Applicant For the duration of site 21. Stationary equipment like generators, compressors, and concrete Community Development preparation and project construction pumpers shall be stationed to avoid noise impacts on residential areas Department & Public to the north of Talmage Road. Shielding shall be used if necessary. Works staff RBP EIR Mitigation Measure Public Services: Mitigation Measures 7 i CT kiah Redevead Busineof park U, 425 Talmage Road - Ukiah, California 95482 s (707) 462-1961 January 26, 2010 Ms. Jane Chambers City Manager City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Jane: First of all I would like to thank you for your efforts in promoting economic development in the City. In the past some of the City Councils have been more interested in leaf blower noise than in providing tax revenue to fund fire, police, parks, street maintenance and other City services. The Planning Department insisted on processing the Tentative Map on the Sears project simultaneously with the Site Development/Use Permit since one environmental analysis process was used for both applications. Since we were discussing proposed environmental conditions; I asked which environmental conditions would be imposed on the Tentative/Parcel Map. Tim Eriksen responded that he did not know but that there would be some environmental conditions, and that he had not expected to be discussing the Tentative/Parcel Map. Dave Rapport responded that a Tentative Map was not required and Tim agreed with him. Obviously I disagreed with them in that I had filed a Tentative Map (Exhibit A) in accordance with the requirements and procedures of the Planning Department. (Exhibit B)This map had been reviewed by Ben Kageyama of the Engineering Department with additional information requested (Exhibit C). The fact that a Tentative Map is required is consistent with the City Surveyor's Certificate and the City Engineer's Certificate that is required on the Parcel Map for this project (Exhibit D), which I have had ready since October of last year. These City Surveyor's and City Engineer's Statements also appear on Parcel Maps filed by other surveyors (Exhibit E). Certification that the Parcel Map is in conformance with the Approved Tentative Map has been in existence for over 35 years (Exhibit F). Dave Rapport was wrong, Tim Eriksen was wrong, and Charlie Stump whose Planning Department issues the requirements for the Tentative Maps on Minor Subdivisions should have supported the requirement for a Tentative Map. Xi I object to having half of the meeting called to help resolve the City's contamination problem, at which I have my attorney present, wasted by erroneous arguments by the City Attorney and the City Engineer. Also, my concern is that you are not receiving the proper support from your staff. If you have any questions, please feel free to call me. Sincerely, Cc: Doug Crane Donald McMullin Redwood d'ry( $r 425 Talmage Road - Ukiah, California 95482 - (707) 462-1961 January 27, 2010 REVISED Ms. Jane Chambers City Manager City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Jane: In October of last year I received a list of Supplemental Conditions of Approval for the Guillon Project in RBP (Exhibit A). These conditions were to mitigate the damage caused by the City's soil contamination in the City's Corporation Yard. In my 10/29/09 letter to you (Exhibit B), I expressed concern for the costs generated by the conditions that were a result of the City's problem. At our 1/25/10 meeting you assured me that the City was going to pay for any extra project expenses that were the result of the imposition of the aforementioned conditions. w-,. V V, V.v V w Q).J, V V V,,V V V. I hope we can get this issue resolved ASAP since it is delaying our sale of Lot B 1-B to Guillon, and our receipt of the purchase funds. If you have any questions, please feel free to call me. Sinc _ely Fesyi'd erstrnt Cc: Doug Crane Donald McMullin GUILLON RETAIL BUILDING AND ASSOCIATED SITE IMPROVEMENTS REDWOOD BUSINESS PARK, 1230 AIRPORT PARK BOULEVARD APN 180-080-25 FILE NO. 09 -31 -UP -PC Draft Supplemental Conditions of Approval T• The applicant and property owner shall sign and comply with an Access Agreement provided the City signs and complies with the Agreement. 2. Prior to the issuance of a Building Permit, a Soil and Groundwater Management Plan consistent with the requirements of the North Coast Regional Water Quality Control Board shall be submitted to the City for approval. 3• Install in all structures constructed on the property for human occupancy a vapor barrier of Liquid Boot or equivalent and soil vapor probes, all in accordance with plans submitted to and approved by the City Engineer, 4. Inverts of all storm drains constructed on the property shall not be constructed to the depth of the highest level in the winter of the groundwater 'able underlying the property (approximately 5 feet below the ground surface). 5. Either remove the existing french drain on the western boundary of the property or provide an opinion bearing the stamp of a civil engineer that the drain is necessary for the proposed use of the property. If the french drain is to be retained, the applicant/owner shall grant unimpeded access to the City to take water samples on a regular basis. aft Redwood Busince,�Cs-s Park Uk% g o�1Ka 425 Talmage Road s Ukiah, California ,482 0 (707) 462-1961 October 29, 2009 Ms. Jane Chambers City Manager City of Ukiah 300 Seminary Ukiah, CA 95482 Dear Jane: On Monday, October 26, 2009, I received the Staff Report on the Lot B I (Sears) project prepared by Kim Jordan for the October 28, 2009 Planning Commission meeting. Several items in the report caught my attention as being erroneous or unreasonable. Later in the morning of October 26, I brought some of these items to Rick Seanor's attention. Since Charlie Stump and Tim Erickson were busy at the time, Rick said that he would look into these matters and call me that afternoon. I felt that expedient action should be taken since the matter was on the upcoming Planning Commission agenda. I did not receive a call on Monday. On Tuesday morning, October 27, I again spoke to Rick Seanor regarding this project. He was surprised that Tim Erickson had not called me back. I had heard from Guillon that the matter before the Planning Commission had been postponed. Again, both Tim and Charlie were busy with other matters. I asked Rick to check the status and call me. He did not call. On Wednesday morning, October 28, I spoke with Tim and Charlie expressing my concern regarding these items. Charlie confirmed that this Planning Commission item was going to be postponed until November 10. However, since I planned to be out of town for several days, I felt that the matter should be resolved as soon as possible. I also told Tim that I would get information to him later that morning regarding the Access Agreement and the Dedication of Airport Park Boulevard. The reason that I am writing to you regarding the processing of this project is that I know you, Sage, Guy and Cathleen are working on encouraging economic development for the City. My concern is that the way this project is being handled does not reflect your intentions in attracting businesses and encouraging development that would add to the City's tax base. I will review these items to illustrate why I am concerned as a citizen and developer in the City, �j�/ is .•,.+n Ms. Jane Chambers October 29, 2009 Page Two Item #1 - On page 27 (Attachment 91) of the Initial Environmental Study, Item #13 states that "Applicant shall prepare a Soil and Groundwater Management Plan (SGMP) for the project....". Requiring the A licant to address contamination coming from the City's corporation yard is completely unacceptable. Any costs or work effort arising from the corporation yard contamination is totally the responsibility of the City and not the Applicant. Charlie stated that some mitigation measures may be required such as a vapor barrier under the building slab. I said that would be fine as long as the report says that the City would pay for any such measures. Sixteen years ago, we installed a french drain along Lot B 1's western boundary to intercept any groundwater that would be flowing into that lot (the site of the Sears project). This installation was successful and, for the past 16 years, groundwater has been constantly flowing out of the french drain and into the storm drain system. The flow from this particular drain is 30 to 50 gallons per minute. I am sure EBA has tested this water for hydrocarbons since one of the fust items you investigate in atoxic spill is downstream, ditches, streams and storm drains. Item #2 - On August 10, 2009, Kim Jordan sent a letter to me (Attachment #2) stating that "The plans need to be revised to include the required CIass III bike lane." Guillon included the bike Iane on their revised plans. The proposed Conditions of Approval (Attachment #3) require the "removal of the bike lane...." from the plans. This flip-flop does not develop confidence in the planner's recommendations. Item 7V3 - In August I received a copy of a memo to Kim Jordan from Ben Kageyama (Attachment 44) requiring street trees to be planted along Airport Park Boulevard in "accordance with City Standard Drawing 601." At the time, I met with Ben and explained to him that: Drawing 601 does not relate to this project. 2. You do not plant trees adjacent to the curb of a driving lane. You do not plant trees over the joint trench that contains high voltage electric, gas, telephone and TV lines. This joint trench is located behind the sidewalk which I am sure Ben knows. I was surprised to see this requirement in the "Conditions of Approval (Attachment #5). Ms. Jane Chambers October 29, 2009 Page Three Item #4 - The Conditions of Approval require that an avigation easement (Attachment #3) be given to the City. I do not see a nexus between this requirement and the project. This requirement, as well as other restrictions on the property, probably constitute an inverse condemnation by the City and could lead to compensation requirements by the City for a "taking". I have enclosed a Caljur article on the subject (Attachment #6). Item #5 - The Conditions of Approval require that an easement for the monitoring wells be give to the City. The information that I gave to Tim Erickson (Attachment #7) on October 28 contained a copy of the subject agreement. Item #6 - A Standard Condition #19 requires the Applicant and property owner to indemnify the City for any action arising out of this application, even if it is caused by "passive or active negligence on the part of the Ci " ttach ent #8). This req is completely unreasonable and is a severe detrim ntto any .development within the Cent ty I am giving you this information so that you will know why I am concerned about how the actions of certain staff members severely reflect on the attitude of developers or Prospective businesses toward development in Ukiah. I appreciate all you have done to encourage development and want to work with you in resolving this matter. Thank you for your patience. If you have any questions, please feel free to call me. GLA:ks Attachments Paci_iclnternet Webmail Page 1 of Current Folder: INDOX X Sign Out Compose Addresses Folders Options Search Help Calendar Message List I Delete Previous Next Forward Forward as Attachment Reply Reply All Subject: Revise conditions and agreement From: "drapport" <drapport@pacbell.net> Date: Tue, January 26, 2010 4:11 pm To: "Tim Eriksen" <teriksen@cityofukiah.com> (more) Priority: Normal Options: View Full Header I View Printable Version I Download this as a file I View Message details Attached are my suggested revisions based on our meeting this morning. I have copied Labor Code Section 1720 to the end of this email with the pertinent portion highlighted. If any City money is paid to the developer of the Sears project toward development costs, and the work to construct the building is performed under contract, then the whole project is subject to prevailing wage. I have revised the agreement re: conditions with that in mind. I'd say that is bad news, but I can't think of any off -setting good news at the moment. dave § 1720. "Public works"; "Paid for in whole or in part out of public funds" (a) As used in this chapter, "public works" means: (1) Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, "construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. (2) Work done for irrigation, utility, reclamation, and improvement districts, and other districts of this type. "Public work" does not include the operation of the irrigation or drainage system of any irrigation or reclamation district, except as used in Section 1778 relating to retaining wages. (3) Street, sewer, or other improvement work done under the direction and supervision or by the authority of any officer or public body of the state, or of any political subdivision or district thereof, whether the political subdivision or district operates under a freeholder's charter or not. 7_7 https://webmail.securepacific-Det/src/read body.php?mailbox=h Pacific Internet Webmail Page 2 of (4) The laying of carpet done under a building lease -maintenance contract and paid for out of public funds. (5) The laying of carpet in a public building done under contract and paid for in whole or in part out of public funds. (6) Public transportation demonstration projects authorized pursuant to Section 143 of the Streets and Highways Code. (b) For purposes of this section "paid for in whole or in part out of public funds" means all of the following.• (1) The payment of money or the equivalent of money by the state or political subdivision directly to or on behalf of the ublic works contractor, subcontractorr or developer. (2) Performance of construction work by the state or political subdivision in execution of the project. (3) Transfer by the state or political subdivision of an asset of value for less than fair market price. (4) Fees, costs, rents, insurance or bond premiums, loans, interest rates, or other obligations that would normally be required in the execution of the contract, that are paid, reduced, charged at less than fair market value, waived, or forgiven by the state or political subdivision. (5) Money loaned by the state or political subdivision that is to be repaid on a contingent basis (6) Credits that are applied by the state or political subdivision against repayment obligations to the state or political subdivision. (c) Notwithstanding subdivision (b): (1) Private residential projects built on private property are not subject to the requirements of this chapter unless the projects are built pursuant to an agreement with a state agency, redevelopment agency, or local public housing authority. (2) If the state or a political subdivision requires a private developer to perform construction, alteration, demolition, installation, or repair work on a public work of improvement as a condition of regulatory approval of an otherwise private development project, and the state or political subdivision contributes no more money, or the equivalent of money, to the overall project than is required to perform this public improvement work, and the state or political subdivision maintains no proprietary interest in the overall project, then only the public improvement work shall thereby become subject to this chapter. (3) If the state or a political subdivision reimburses a private developer for costs that would normally be borne by the public, or provides directly or indirectly a public subsidy to a private development project that is de minimis in the context of the project, an otherwise private development project shall not thereby become subject to the requirements of this chapter. (4) The construction or rehabilitation of affordable housing units for low- or moderate -income persons pursuant to paragraph (5) or (7) of subdivision (e) of Section 33334.2 of the Health and Safety Code that are paid for solely with moneys from a Low and Moderate Income Housing Fund established pursuant to Section_ 33334.3 of the Health and Safety Code or that are paid for by a combination of private funds and funds available pursuant to Section 33334.2 or 33334.3 of the Health and Safety Code do not constitute a project that is paid for in whole or in part out of public https://tivebmaii. securepacific.net/srclread_body.php?mailbox=INB OX&passed_id=613 9&... 1/26/2010 Pacific Internet Webmail Page 3 of ,1 funds, (5) "Paid for in whole or in part out of public funds" does not include tax credits provided pursuant to Section 17053.49 or 23649 of the Revenue and Taxation Code. (6) Unless otherwise required by a public funding program, the construction or rehabilitation of privately owned residential projects is not subject to the requirements of this chapter if one or more of the following conditions are met: (A) The project is a self-help housing project in which no fewer than 500 hours of construction work associated with the homes are to be performed by the homebuyers. (B) The project consists of rehabilitation or expansion work associated with a facility operated on a not-for-profit basis as temporary or transitional housing for homeless persons with a total project cost of less than twenty-five thousand dollars ($25,000). (C) Assistance is provided to a household as either mortgage assistance, downpayment assistance, or for the rehabilitation of a single-family home. (D) The project consists of new construction, or expansion, or rehabilitation work associated with a facility developed by a nonprofit organization to be operated on a not-for-profit basis to provide emergency or transitional shelter and ancillary services and assistance to homeless adults and children. The nonprofit organization operating the project shall provide, at no profit, not less than 50 percent of the total project cost from nonpublic sources, excluding real property that is transferred or leased. Total project cost includes the value of donated labor, materials, architectural, and engineering services. (E) The public participation in the project that would otherwise meet the criteria of subdivision (b) is public funding in the form of below-market interest rate loans for a project in which occupancy of at least 40 percent of the units is restricted for at least 20 years, by deed or regulatory agreement, to individuals or families earning no more than 80 percent of the area median income. (d) Notwithstanding any provision of this section to the contrary, the following projects shall not, solely by reason of this section, be subject to the requirements of this chapter: (1) Qualified residential rental projects, as defined by Section 142 fd) of the Internal Revenue Code, financed in whole or in part through the issuance of bonds that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 of Division 1 (commencing with Section 8869.80 ) of the Government Code on or before December 31, 2003. (2) Single-family residential projects financed in whole or in part through the issuance of qualified mortgage revenue bonds or qualified veterans' mortgage bonds, as defined by Section 143 of the Internal Revenue Code, or with mortgage credit certificates under a Qualified Mortgage Credit Certificate Program, as defined by Section 25 of the Internal Revenue Code, that receive allocation of a portion of the state ceiling pursuant to Chapter 11.8 of Division 1 (commencing with5ection 8869.80) of the Government Code on or before December 31, 2003, (3) Low-income housing projects that are allocated federal or state low-income housing tax credits pursuant to Section 42 of the Internal Revenue Code, Chapter 3.6 of Division 31 (commencing with Section 50199.4) of the Health and Safety Code, or Section 12206, 17058, or 23610.5 of the Revenue and Taxation Code, on or before December 31, 2003. (e) If a statute, other than this section, or a regulation, other than a regulation adopted pursuant to this section, or an ordinance or a contract applies this chapter to a project, the exclusions set forth in subdivision (d) do not apply to that project. https://-�vebrnail.securepacific.netIsTclread_body,php?mailbox=INB OX&passed_id=6139&... 1/26/2010 Pacific Internet Webmail Pacre ! of =! (r") For purposes of this section, references to the Internal Revenue Code mean the Internal Revenue Code of 1986, as amended, and include the corresponding predecessor sections of the Internal Revenue Code of 1954, as amended. (g) The amendments made to this section by either Chapter 938 of the Statutes of 2001 or the act adding this subdivision shall not be construed to preempt local ordinances requiring the payment of prevailing wages on housing projects. David J. Rapport Rapport and Marston 405 West Perkins Street Ukiah, CA. 95482 Tel: 707-462-6846 Fax: 707-462-4235 Cell: 707-972-4944 Email: drapport@pacbell.net Attachments. Agreement re Conditions of Approval Sears Store 1-26-10.doc Acess Agreement 1-26-10 doc EXHIBIT B 1-26-10.doc 85 k [ application/msword ] Download 83 k [ application/msword ] Download 37 k [ application/msword ] Download Download All Delete & Prev I Delete & Next Move to: INBOX' ;,:.;; Move Take.,Address .;_� https://webmail-securepacific.net/src/I-ead_body-php?mailbox=INBOX&passed id=6139&... 1/26/2010 City of, Ukiah California G�6ttJ:'Of Planning and Community Development Department 300 Seminary Avenue Ukiah, CA 95482 Project Name: Guillon Retail Building and Akerstrom Minor Subdivision File Numbers: 09 -31 -UP -PC and 09 -28 -MIN -CE Address/Location: 1230 Airport Park Boulevard, APN 180-080-25 Parcel B1 of the Redwood Business Park portion of the Airport Industrial Park 2/8%2010 Revised Mitigation Monitoring Report/Program Italics- Text added Underline —Text added Strikethrough — -row+ d to+o,a rt�c ctrcT�.. c+c�sx Monitoring Funding Date Verification Responsibility Responsibility Timing staff Completed MitigatioII MeasUI'es initials Aesthetics: Mitigation Measures Planning andApplicant ermit Review & 1. Lighting should include shielded, non -glare types of lights to Community C of OBuilding P Development minimize impacts to night-time views. Sign lighting should be kept to Department an absolute minimum. A lighting plan should be reviewed by the City to insure that project lights do not affect airport operation. RBP EIR Mitigation Planning and Applicant Building Permit Review Community 2. The following information shall be provided as part of the building Development permit plans for the Use Permit portion of the project and are subject Department to staff review and approval: A. A Photometric Plan shall be submitted as part of the plans submitted for building permit. This plan shall demonstrate that all onsite lighting is restricted to the site and does not "spill over' adjacent property lines. B. Light fixtures for the project shall be fixtures carrying the Internal Dark Slc Associations seal of approval. Guillon Use Permit Mitigation Monitoring Program Report 1230 Airport Park Boulevard, APN 180-080-25 File #: 09 -31 -UP -PC Monitoring Funding Timing Date Verification Responsibility Responsibility Completed staff Mitigation Measures initials Planning and Applicant Community site. Completed prior to Note: Strikethrough text added February 5, 2010 issuance Development of a C of O Department &Public 12 Pr{e ��-Gertif Gate-ef e �ey-thea�� Works staff resar-d tiier+yu+io �� �e�t_ nt`d h �r d_preuida a-seq�r-e# the resefded-easereent to the -P ^ 44ing-Department �r�'er--ta den}GnstFate-GetuplianGe vvith-this-regui L-m&at- Hydrology and Water Quality: Mitigation Measures Planning and Community CitylApplicant Provided as.part of the building permit plans Note: Strikethrough text added February 5, 2010 Development Department & Public 13— -tie-applisaat-shall-prepay-e-i- ei-aad_greuradwateF-maRagerae# Works staff pIaR-(,S6MP) fGFthe—p, j6Gt-O-iat-addFesse&4he-feAaw4gi,,' dTs SUbjeG++r,,_,:__,+ FF Fev4 h and-appr$val A.—Shaliew reit_oes, tiles„-teETo. Gw_the-g:GupA-5H+ aGe} we -w4 diet-4ke4y4e .,rated by the nff sitpoer}tafa+aaat mhme.. � gr z l +rue' +ha S Mi' shauld Gpe.G4_y that-supeR4sGr-�-pefsGRR8i-G tg4:)� G B. ARy gFGtered-dufiag-&4e-GGRstr{+Gtian-s!}sr 4 hR d + + ' + le 'F -vvmv.rc= rP-�'vt . r-Fe7�'^tG s#�et+ld be seataiaed-faFanalysi�prier-te_dispesal-tlfideF appFepr+ate-peFmits= , r. ThR S;GP-Must sPe6ifY4hat —Fe -PG +.., t Gf thf+ho .. ^...&t 4.,..... aI a -R” d coil ., g d vat tF. + 'c Ff-maved frarn the it + L Fnitted ta4he rjegieflal `ludL- Water-OeaFd.—T-hG-4 ast .J , rF st-ieG-` r r shipping_rnan.Ffests @Rd--c'Fi§p^oSrnlT�e}Pts. D. Tie-SGMP must arse-spes44hat4s-and-wheF-any GGntams,=rated-s4hswrfas_. mat Fiat. aFe Rz mecd-d{inng Kepesed-aG#v+ti. � +o #&+Ra„agement n, ..t .�a ire e -R �v�ac��-cReard-94eaP,U &44i .r&yon E;ta#, +h + er Guillon Use Permit Mitigation Monitoring Program Report 1230 Airport Park Boulevard, APN 180-080-25 File #: 09 -31 -UP -PC 5 NO N Monitoring Funding Timing Date Verification Responsibility Responsibility Completed staff Mitigation Measures initials Planning and Community Applicant Prior to issuance of a may-med;;nd4es Gn44p-a-4f ep. 14. Developers of each project on the site must develop a Storm Development building permit Water Pollution Prevention Plan and obtain a General Department &Public Construction Activit y Permit from the RWQCB. RBP EIR Works staff Mitigation Measure Public works staff Applicant As part of the building 15. As part of the plans submitted for building permit, the applicant permit submittal shall submit a Preliminary Drainage Study that addresses the current conditions of the site and surrounding areas and the proposed project: Said Drainage Study shall be signed and Planning and Community Applicant A_._pat of the review of stamped b a re istered civil engineer. 16. Grading Plan (see Geology and Soils above) the building permit Development submittal. Department & Public Works staff Public Works N/A On or before the fifth day Note: Italics text added January 2010 after final approval of the Use Permit 17. On or before the fifth day after final approval of the <Use Permit,_, the applicant and property owner shall sign and subsequently comply with an Access Agreement in the form of Exhibit A, attached. Public Works City Provided as part of the Note: Italics text added January 2010 building permit pians 18. The applicants shall comply with a Soil and Groundwater Management Plan prepared by the City which is consistent with the requirements of the North Coast Regional Water Quality Control Board. The City shall work closely with the applicants to design the Soil and Groundwater Management Plan to balance the testing, monitoring, and remediation of soil and groundwater with the site planning and layout of the project. Any plans for reuse or disposal of contaminated soil shall be reviewed and approved by the North Coast Regional Water Quality Control Board. Public Works City Information provided as Note: Italics text added January 2010 part of the building permit and/or improvement 19. The applicants shall install in all structures constructed on the plans. property for human occupancy a vapor barrier of Liquid Boot or Installed as part of equivalent, all in accordance with plans submitted to and q construction of the approved by the City Engineer. project. Public Works City/Applicant Information provided as I Note: Italics text added January 2010 Guillon Use Permit Mitigation Monitoring Program Report 1230 Airport Park Boulevard, APN'180-080-25 File #: 09 -31 -UP -PC Monitoring Funding Timing Date Verification Responsibility p tY Responsibility P Y Completed staff Mitigatio7l Measures initials part of the building permit Note: Underlined text added 2/8/2010 and/or improvement plans. 20. The inverts of all new storm drains constructed on the property Installed as part of shall be designed and constructed to prevent groundwater g p construction of the intrusion, said design shall be approved by the City Engineer. If project. the storm drain for the loading dock is at an elevation that could potentially cause groundwater intrusion, special design measures, approved by the City Engineer, shall be used to preclude discharging into the storm drain system. Applicant shall determine groundwater elevation in a manner approved by the City Engineer. Public Works City/Applicant Information provided as Note: Italics text added January 2010 part of the building permit and/or improvement Note: Strikethrough text added 2/8/2010 plans. Note: Underlined text added 2/8/2010 Installed as part of construction of the 21. Thea�plisa epe# ewaRrs s!; ^!! N, o :vv +�hc�r t�wi+h Q�tai;s project. of the 9)(1 t;,,g fres��rdfaila-e �FBp",-'y-,r'�Gi(i�N7g-a17'y4�5-bLfit�BFBtrnc1-,n ,d,v •! f-rcflh size YY tY-Utlilf e-aligr}l Q{ t-f1'i}d•-�pth gut threugh g + •+ =-,+�Q�=,nn,-.ar,y,,,—�.Tv sy�stam, frBAGh d a;,^ -e, 8 eeaf+ fix+—The applicant/owner shall grant unimpeded access to the City to take water samples on a regular basis from the storm drain system or from future monitoring wells. If the water samples test positive for contaminants and/or the City is required by a regulatory agency to prohibit groundwater discharge from the french drain to the r storm drain system, the applicanYowners shall cooperate with the City to prevent the discharge of contaminated groundwater from the property to the 94y's storm drain system. Land Use and Planning: Mitigation Measures Planning and Community Applicant As part of the review of 17. Airport Land Use Plan: See mitigation measure in Hazards and Development the building permit submittal. Hazardous Materials section above Department & Public Works staff Planning and Applicant As part of building permit 18. Ordinance 1098 — Bicycle Parking: See mitigation measure in Guillon Use Permit Mitigation Monitoring Program Report 1230 Airport Park Boulevard, APN' 180-080-25 File #: 09 -31 -UP -PC February 17, 2010 Mr. Steve Honeycutt Guillon Construction, Inc. 2550 Lakewest Drive Suite 50 Chico, CA 95928 Re: 1230 Airport Park Boulevard, APN 180-080-25 Use Permit No. 09 -31 -UP -PC Dear: Mr. Honeycutt, The Planning Commission, at its regular meeting of February 10, 2010, reviewed your request for approval of Use Permit 09 -31 -UP -PC and the associated Initial Environmental Study and Mitigated Negative Declaration to allow the construction of a 16,005 square foot building and associated site improvements at 1230 Airport Park Boulevard, APN 180-080-25. It was the action of the Planning Commission to adopt the Mitigated Negative Declaration and associated Mitigation Monitoring Program Report and to approve the Use Permit for the project subject to the following findings and conditions. THE GUILLON RETAIL BUILDINGPARCEL BI IN THE .••• BUSINESS PARK, 0 AIRPORT P.- BOULEVARD APN 8 FILE • r, Findings for Approval of a Mitigated Negative Declaration: An Initial Study was prepared and demonstrated that there is no substantial evidence that supports. a fair argument that the project, as conditioned, would have a significant effect on the environment. 2. The project does not have the potential to affect wildlife resources as defined in the State Fish and Game Code, either individually or cumulatively. 3. The project is not located on a site listed on any Hazardous Waste Site List compiled by the State pursuant to Section 65962.5 of the California Government Code. 4. The Notice of Intent to Adopt the Mitigated Negative Declaration was posted and published as required by Section 15072 of the CEQA Guidelines. Notice of Intent to Adopt a Mitigated Negative Declaration was provided as follows: A. Posted in the office of.the County. Clerk on October 9, 2009; B. Mailed to property owners within 300 feet of the property on October 7, 2009; C. Posted in 3 places on the subject property on October 7, 2009; and Guillon Use Permit File No. 09 -31 -UP -PC 1230 Airport Park Boulevard, APN 180-080-25 1 300 SEMINARY AVENUE 4 Web dd ss: www.cityofukiah.com ( �� Phone# 707/463-6200 Fax# 7071463-6204 Web Address: www.cityofukiah.com I From the Citv Attorne 13. On or before the , fifth day after final approval of the Permit, the applicant and property owner shall sign and subsequently comply with an Access Agreement in the form of Exhibit A, attached, or as modified with approval of the City Attorney. 14.The applicants shall comply with a Soil and Groundwater Management Plan prepared by the City which is consistent with the requirements of the North Coast Regional Water Quality Control Board. The City shall work closely with the applicants to design the Soil and Groundwater Management Plan to balance the testing, monitoring, and remediation of soil and groundwater with the site planning and layout of the project. Any plans for reuse or disposal of contaminated soil shall be reviewed and approved by the North Coast Regional Water Quality Control Board. 15. The applicants shall install in all structures constructed on the property for human occupancy a vapor barrier of Liquid Boot or equivalent, all in accordance with plans submitted to and approved by the City Engineer. 16. ' The inverts of all new storm drains constructed on the property shall be designed and constructed to prevent groundwater intrusion, said design shall be approved by the City Engineer. If the storm drain for the loading dock is at an elevation that could potentially cause groundwater intrusion, special design measures, approved by the City Engineer, shall be used to prevent that groundwater from discharging into the City's storm drain system. Applicant shall determine groundwater elevation in a manner approved by the City Engineer. 17. The applicant/owner shall grant unimpeded access to the City to take water samples on a regular basis from the storm drain system or from future monitoring wells. If the water samples test positive for contaminants and/or the City is required by a regulatory agency to prevent groundwater discharge from the french drain to the storm drain system, the applicant/owners shall cooperate with the City to prevent the discharge of contaminated groundwater from the property to the storm drain system. From the Planning Commission 18. The landscaping plan (Sheet L-1) shall be revised as follows: A. Replace the dogwood trees and London plane trees in the parking lot with Chinese pistache: B. Replace the cork oak at the rear of the building (west property line) with interior live oak. C. Replace the six (6) trees shown at the front of the site along Airport Park Boulevard with three (3) cork oak and three (3) California black oak. D. Remove the star jasmine. E. Add ceanothus (minimum 5 gallon size) and California poppy. F. Revise the irrigation plan as needed for items 13A -13E above. Guillon Use Permit File No. 09 -31 -UP -PC 1230 Airport Park Boulevard, APN 180-080-25 9 Item lld March 3, 2010 Key Points Redwood Forest Foundation Resolution 1. Conservation easements are an effective tool that landowners and local communities can use to protect important natural resources while leaving the property in private hands, on the tax rolls and in production. 2. The sale of a conservation easement by the Redwood Forest Foundation to The Conservation Fund will allow the Foundation to reduce debt and thereby insure its ability to implement conservation management practices in perpetuity that include, among other provisions, prohibiting development and fragmentation, increasing forest inventory; improving water quality; and maintaining sustainable timber production. 3. Failure to sell a conservation easement threatens the Redwood Forest Foundation's ability to retain ownership of the property and increases the likelihood that property would be managed for purposes other than long-term sustainable forestry. 4. This project is exactly what Prop 84 envisioned. 5. It protects a large working forest that is threatened by fragmentation. 6. It creates a new model that brings environmentalists and industry together. 7. It will provide for large-scale conservation and economic benefits. 8. Increase the tax base for the county 9. Economic Benefits a. Increased employment — well paying jobs i. 115 jobs to over 420 jobs in years. ii. Retail dollars spent in Cities. b. Restoration economy — bridge to a vibrant resource based economy. i. Logging, sawmill, biomass ii. Fishing iii. Tourism 10. Excess revenues redistributed to the community. a. 20 to 30 years out. 11. Economic / Ownership model that can replicated. a. Public / Private Partnership b. i.e. Biomass plant ownership 12. Supporters Include: a. Congressman Mike Thompson b. Assemblyman Wes Chesbro c. State Senator Pat Wiggins d. State Senator Fran Pavely e. Ex-Assemblyperson Patty Berg f. Institute for Sustainable Forestry g. Save the Redwoods League h. Anderson Logging i. Shuster's Logging j. Wylatti Resources Management k. Mendocino Land Trust RESOLUTION NO. RESOLUTION OF THE UKIAH CITY COUNCIL IN SUPPORT OF THE REDWOOD FOREST FOUNDATION AND THE FOUNDATION'S SALE OF A CONSERVATION EASEMENT WHEREAS, approximately 50% of Mendocino County is comprised of some of the most productive timberlands in the world; and, WHEREAS, the forest products and its allied industries continues to serve as an important tax base and generator of family wage jobs for the citizens of Ukiah and Mendocino County; and, WHEREAS, Mendocino County's private industrial forests sequester and hold significant amounts of carbon; provide important salmon, steelhead, spotted owl, marbled murrelet and other threatened and endangered species habitats; provide abundant and high quality water sources; and serve as a source for a wide array of recreational opportunities; and WHEREAS, approximately 59 million acres of the nation's 70 million acres of industrial timberland have changed ownership due to macro -economic trends that make it attractive to fragment and sell forestlands, and whereas this trend is expected to continue as investors exit their timberland investments; and WHEREAS, Ukiah's citizens have often held strong and differing perspectives regarding how local forests should be managed to ensure the many environmental, economic and social benefits they provide; and WHEREAS, a group of Mendocino County citizens with backgrounds in timber industry, conservation, finance, forestry, local government, and other disciplines formed the Redwood Forest Foundation out of concern that changes in forestland ownership could undermine forest management practices that provide the environmental, economic and social benefits highlighted above; and WHEREAS, the Redwood Forest Foundation acquired the 50,000 acre Usal Redwood Forest to assure that this property will be perpetually managed as a working forest and whose economic attributes include a substantial inventory of high quality redwood and Douglas -fir timber which will allow for a sustained yield of timber volume and generate a sustained annual cash flow and whose environmental attributes include: a diversity of natural communities representative of the redwood forest eco -region, including mixed coniferous forest, mixed evergreen forest and oak woodlands, and associated rare or sensitive species such as northern spotted owl, southern torrent salamander, tailed frog and Vaux swift; and the entirety of several important streams and tributaries to the Benbow HSA of the South Fork of the Eel River and the Usal Creek HSA of the Mendocino Coast HU, which are identified as high priorities for restoration and management in the California Coho Recovery Strategy; and WHEREAS, conservation easements are an effective tool that landowners and local communities can use to protect important natural resources while leaving the property in private hands, on the tax rolls and in production, and: WHEREAS, the sale of a conservation easement by the Redwood Forest Foundation to The Conservation Fund will allow the Foundation to reduce debt and thereby insure its ability to implement conservation management practices in perpetuity that include, among other provisions, prohibiting development and fragmentation, increasing forest inventory; improving water quality; and maintaining sustainable timber production; and WHEREAS, failure to sell a conservation easement threatens the Redwood Forest Foundation's ability to retain ownership of the property and increases the likelihood that property would be managed for purposes other than long-term sustainable forestry; WHEREAS, 2% of the Usal Redwood Forest abuts the Pacific Ocean and is best suited for acquisition by the Save the Redwood League for permanent preservation, and: NOW, THEREFORE, BE IT RESOLVED that: (1) The Ukiah City Council strongly supports the Redwood Forest Foundation's unique governance structure that brings people with different perspectives together to determine how to best manage its forest. (2) The Ukiah City Council strongly supports the Redwood Forest Foundation's acquisition of the Usal Forest and desires to see this model succeed for the benefit of the County and the State of California. (3) The Ukiah City Council strongly encourages that Proposition 84 and other public and philanthropic sources be used to fund The Conservation Fund's and Save the Redwood League's acquisition of a conservation easement and coastal tract from the Redwood Forest Foundation so that this forest will remain in sustainable forest production. PASSED AND ADOPTED on March 3, 2010 by the following roll call vote: Ayes: Noes: Absent: Abstain: Benj Thomas, Mayor ATTEST: JoAnne M. Currie, City Clerk Usal Forest Jobs Estimate (fanuary 2010) 5 -Year`: Period 2010- 2014 2015-'r 2019 2020- 2024 2025- 2029 2030- ` 2034 2035- 2039 2040- 2044 2045- 2049 2050- 2054 2055- 2059 Direct Jobs/year Forest Management' 12 12 12 12 12 12 12 12 12 12 Industry 2 17 70 76 84 88 88 88 88 88 88 Mil]' 3 9 35 38 42 44 44 44 44 44 44 Subtotal 38 117 126 138 144 144 144 944 144 144 Indirect Jobs/year4 Subtotal 76 234 252 276 288 288 288 288 288 288 TotalfYear 114 351 378' 414 432 432 432 432 432 1 432 Note: These job estimates were calculated using industry standard estimates of the number of jobs that are generated from each million board feet of timber harvested and the Redwood Forest Foundation's preliminary projections of harvest levels. Actual harvest and jobs may vary based on a range of environmental and market conditions. 1 Forest Management jobs are those associated with managing the forest 2 Industry jobs are those associated with logging, truck drivers, timber fallers, mechanics, etc. 3 Mill jobs are those associated with manufacturing logs in milling facilities a Two indirect jobs (grocery, gas, real estate, financial service, etc.) are estimated to be associated with every one direct job. Item Ile March 3, 2010 February 23, 2010 Fellow Councilmembers, Today, two billboard firms, CBS and Stott, move aggressively to blot out Mendocino County highway vistas so critical to our tourist economy, community pride, and individual spirit. CBS and Stott add several of these unsightly advertising platforms yearly to the major corridor through our valley. It is telling that Interstate 5 through the entire state of Oregon suffers fewer than ten billboards. None mar views in Marin County or near our neighbors Healdsburg, Sebastopol, Calistoga, and St. Helena; one wonders how visitors are able to find businesses in those successful communities. Through the length of Highway 101 in Sonoma County we view only ten billboards. Here there are already 27 of these miscreations between Hopland and Highway 20. Yes, the City of Ukiah banned billboards about forty years ago. Only one billboard, evidently grandfathered, still shows its face inside our City. However, thousands traveling daily through our valley on Highway 101 see several dozen CBS and Stott billboards. And while these huge placards aren't in the city, out-of-towners and locals associate this shameless blight with Ukiah. The outdoor advertising industry operates one of Sacramento's most influential lobbies. Its legisla- tive and legal work has made it virtually impossible for communities to eliminate billboards already in existence, requiring an impossibly stiff payoff to the owners. So those communities sadly failing to enact a ban when Lady Bird Johnson encouraged that in the mid 1960's now suffer the ugly conse- quences. However, the State has not yet usurped the right of counties to ban new billboards. In 2000 the Ukiah City Council called on the County Board of Supervisors "to become more rigorous in its efforts to protect the Highway 101 corridor."* Our request then was to no avail and the number of these eyesores in our valley has since doubled. Enough is enough. I ask that the Ukiah City Council appeal again to our Supervisors, this time specifically encouraging a ban on new billboards in Mendocino County. Thank you. r * see attached b JAH, CA 95482-5400 • ADMIN. 707/463-6200 • PUBLIC SAFETY 463-6242/6274 ® FAX # 707/463.6204 • EMAIL ukiahcty@jps.net April 27, 2000 Mendocino County Board of Supervisors 501 Low Gap Road Ukiah, CA 95482 RE: Outdoor Advertising + Dear Members of the Board of Supervisors, . The City of Ukiah is very concerned about the visual blight created by outdoor advertising within our local environs. The Northcoast is blessed with spectacular scenery which can be compromised by ill -placed billboards and other outdoor advertising devices, negatively impacting the tourism trade we enjoy. The Ukiah City Council,:has sent letters (copies attached) to the Governor, and legislators strongly urging their support of State legislation to return the authority to regulate outdoor advertising to local governments and authorize amortization programs as a tool to address this matter. With this letter, the Ukiah, City Council is encouraging the Board of Supervisors to become more rigorous in its efforts to protect the Highway 109 corridor and consider working with us to declare this corridor as "scenic". We believe this is an issue of importance to the long term enjoyment of our natural surroundings. If you have any questions or we can provide additional information please contact Candace Horsley, our City Manager at (707) 463-6213. Sincerely, im Ma'. tin c: City Council m1haeller00 0427OUTADV 'We Are Here To Serve" Scenic America is the only national nonprofit organization dedicated solely to preserving and enhancing the visual character of ierica's communities and countryside. We accomplish this mission through national advocacy efforts and technical assistance ,ervices, local and national projects, and the support of our state affiliates. We need your help to: Fight Billboard Bligh! There is a battle raging across America for the control of the nation's roadways and landscapes. Highways, streets, downtowns, and neighborhoods are being inundated with billboards and other forms of commercial advertising. Enormous and dangerous electronic billboards are quickly replacing older signs. Huge swaths of public trees are being cut down at taxpayers'expense to provide clearer views of private billboards. Corporate interests seek congressional favors while industry lawyers use intimidating legal tactics to challenge the right of local jurisdic- tions to prohibit billboards. The fight against blight is more intense than ever, and Scenic America remains the only national organization committed to waging it. Reduce Visual Intrusions and Protectpen Space In communities in every corner of the country,the character of our neighborhoods and landscapes is being eroded by poorly sited cell towers, overhead power lines, high-voltage transmission towers, and ugly strip development rampant with visual clutter. Precious open space is being gobbled up as growth moves deeper and deeper into previously rural countryside. In addition, the growing demand for renewable wind power raises challenges in developing appropriate mitigation of visual impacts while accommodating the benefits of clean energy. After decades of championing the use of scenic easements, community visualization, and other land use tools, Scenic America remains the only national organization actively working to reduce the impact of intrusive structures on our land and neighborhoods. Preserve the Visual Qualities of Public Lands We strive to promote awareness of the responsibilities that federal, state,and local land management agencies have for managing scenic resources as a public resource valued by recreation visitors, gateway communities, and the American public in general. Roughly 635 million acres, or 28 percent, of the land in the United States is owned and managed by the federal government on behalf of the public's interest, including some of the most precious natural and scenic wonders in the world. Although other organizations work to protect the natural resources found on these public lands, Scenic America is the only national organization actively focused on the promotion and protection of scenic resources within public lands. Scenic America has long been a leader in innovation in transportation policy, serving as a founding partner of the coalition that helped create the National Scenic Byway Program and as a key instigator of the movement toward content -sensitive transportation solutions (CSS) for America's highways, bridges, and rural roads. Because of Scenic America's unique focus on visual issues—the view from the road—and our emphasis on the protection of scenic values, we continue to serve as a principal resource to the byway system on scenic conservation issues and act as a key stakeholder within the CSS movement and on federal and state transportation policy. Throughout the nation, in cities, towns, and rural areas,threats abound to the beauty of the landscape and the fundamental character of communities. These threats take many forms, from poorly planned growth, to suburban sprawl and the loss of precious open space, to visually intrusive structures like billboards and overhead power lines. Yet, these threats are not going unchallenged. Many national, statewide, and local organizations, and countless individual citizens, work tirelessly to restore the promise of America the beautiful and protect our irreplaceable scenic resources. Scenic America is the only national organization exclusively devoted to protecting the visual heritage of the nation and is best positioned to unite these disparate and diverse constituencies in a powerful national movement for scenic conservation. UM= ITEM NO.: iif March 3, rim MEETING //' DATE: rt AGENDA SUMMARY REPORT SUBJECT: POSSIBLE INTRODUCTION OF ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY 1 PERTAINING O SEWER LATERAL TESTING. Summary: On February 6, 2008, the City Council adopted the ordinance of the City of Ukiah amending Articles 1 and 18 of Division 4, Chapter 2 of the Ukiah City Code, pertaining to the definitions used in the City of Ukiah Sewer Ordinance and to the replacement or repair of sewer laterals. For further details, reference is made to the Agenda Summary Report for the adoption of the ordinance submitted for the February 6, 2008 City Council meeting. (See Attachment 1.) Staff wishes to further amend Article 18 of Division 4, Chapter 2, Section 3799.2, Applicability and Section 3799.8, Time frames to complete work on sewer lateral, of the Ukiah City Code pertaining to Sewer Lateral Testing. Attached is a redlined draft ordinance showing the changes to the version adopted by City Council at the February 6, 2008 meeting. (Attachment 2.) The changes that staff is recommending are mostly just for consistency between the two sections. These inconsistencies have been an issue for staff and the public. The only change that is of any substance is the change to Section 3799.2, Applicability, Subsection D. number 5. Addition of a bedroom to an existing residence. This was in section 3799.8 but not in section 3799.2. The inconsistencies between these two sections were brought forward to the last joint meeting between the City Council and the Ukiah Valley Sanitation District. At that meeting the intent of the ordinance was reviewed and discussed. The two bodies agreed that the addition of a bedroom should be included as one of the events that enact this ordinance. The redlines to the ordinance reflect this agreement by the two bodies. Fiscal Impact: H Budgeted FY 08/09 F—]New Appropriation ® Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested R (Continued on page 2.) Recommended Action(s): Pass a motion to introduce ordinance by title only, have the City Clerk read the ordinance title, followed by a motion to introduce the ordinance. Alternative Council Option(s): Reject the motion and provide alternate direction to staff. Citizens advised: N/A Requested by: Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager, Tim Eriksen, Director Public Works Attachments: 1) Agenda Summary Report dated February 6, 2008 2) Proposed Revised Ordinance t Approved: Jan hambers, City Manager ITEM NO: MEETING DATE 10a ATTACHMENT V 2/6/08 SUBJECT: READING BY TITLE ONLY AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4, CHAPTER 2 OF THE UKIAH CITY CODE PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF SEWER LATERALS Submitted for reading by title only and adoption is the attached ordinance that replaces the City's existing "point-of-sale" Sewer Lateral Inspection and Testing Program with the alternative program negotiated with River Watch. This ordinance was introduced at the City Council meeting on January 16, 2008, in a joint meeting with the Board of Directors of the Ukiah Valley Sanitation District. (Continued on page 2) RECOMMENDED ACTION: Adopt a motion to read the ordinance by title only, direct the City Clerk to read the title, and adopt the "Ordinance of the City of Ukiah Amending Articles I and 18 of Division 4, Chapter 2 of the Ukiah City Code Pertaining to the Definitions Used in the City of Ukiah Sewer Ordinances and to the Replacement or Repair of Sewer Laterals." ALTERNATIVE COUNCIL OPTIONS: Not adopt the ordinance as submitted, revise provisions of the ordinance and direct staff to prepare a revised ordinance to adopt at the next City Council meeting. FUNDING: Staff is submitting to the City Council a proposed Sewer Lateral Grant Program which will provide some financial assistance to eligible property owners who are required to inspect, test, and repair or replace their sewer lateral as a result of the provisions of the attached ordinance. It is proposed that funding for the Grant Program come from revenue generated from the monthly sewer service fee and reserved for Infiltration and Inflow reduction and budgeted in Fund Account 614.3510.810.004 Citizens Advised: N/A Requested by: Sewer Lateral Ad Hoc Committee Prepared by: Rick Kennedy, Interim Water/Sewer Director; David Rapport, City Attorney Coordinated with: Pat Thompson, Interim City Manager Attachments: 1 - Ordinance pertaining to definitions used in the City of Ukiah sewer ordinance and to the replacement or repair of sewer laterals Approved: Pk Thompson, Interim City Manager The Alternative Program was presented to and approved by the City Council on September 19, 2007, and by the UVSD Board on September 26, 2007. As a result of the approvals and subsequent submittal to the United States Northern District Court of California, Oakland Division, the District Court on December 19, 2007 approved the amendment to the Consent Decree incorporating the Alternative Program. As provided in the Amended Consent Decree provisions, the City and District are required to implement the provisions of the Alternative Program within ninety (90 days) after the amendment is approved by the District Court. The implementation deadline is March 18, 2008. In summary, the Alternative Program, once implemented, will replace the provisions Of the current Sewer Lateral Program requiring the inspection and repair at the time real property served by the sewer lateral is sold with provisions that require the inspection and testing of the sewer lateral on a geographical approach or a failure, violation, or structure remodeling event. Under the Alternative Program, inspections, testing and repair or replacement of a sewer lateral is required when: 1. The sewer main to which the lateral is connected is rehabilitated or replaced 2. The parcel served is within 100 feet of a Creek which is declared impacted by the sewer collection system 3. A qualifying sewer lateral service call indicating damage, displacement, or cross sectional deflection of the sewer lateral 4. The occurrence of a sanitary sewer overflow 5. When the structure being served is remodeled at a cost of $100,000 or greater excluding the costs for ADA compliance and fire sprinkler work 6. Addition of plumbing fixtures to the building or site plumbing of 2 fixture units or more 7. The addition of a bedroom 8. The change of property use from residential to commercial and from non -restaurant commercial to restaurant commercial 9. The discovery of an illegal connection 10. The discovery of prohibited discharges The provisions of the Ordinance become effective 30 days after the adoption of the ordinance. The Sewer Lateral Ad Hoc Committee has reviewed and approved the proposed Ordinance and recommends to the City Council that the ordinance be adopted. ATTACHMENT 3799.2: APPLICABILITY: A. This Article shall apply to property located within the City and to property which is located outside the boundaries of both the City and the District which are served by the City Sewer Treatment Plant or the City's sewer mains. B. This Article shall not apply to properties located within the District or within both the City and the District, if the District has adopted a sewer lateral inspection program that complies with the Consent Decree in River Watch v. City of Ukiah and Ukiah Valley Sanitation District, U.S.Dist.Ct., N.D. Cal., C04 4518 CW. C. All sewer laterals that have been repaired or replaced, including gravity and pressure laterals, shall be tested in accordance with the applicable provisions of this article. No person constructing, repairing or replacing a sewer lateral, shall use that lateral to introduce sewage into the public sewer until the person has complied with sections 3799.3 through 3799.6 of this article, as appropriate. D. All sewer laterals connected to the public sewer, including sewer laterals serving residential, multi -family residential, commercial or industrial uses, shall be cleaned and tested in accordance with the appropriate provisions of section 3799.3 through 3799.6 of this article, upon the occurrence of any of the following, unless a valid Certificate of Sewer Lateral Compliance is on file with the City: 1. Upon the occurrence of a Qualifying Sewer Lateral Service Call; 5. Adoption of a bedroom to an existing residence; Deleted: 1. Upon the occurrence of a sanitary sewer overflow from the private 2. Upon the occurrence of a sanitary sewer overflow from the private lateral; lateral; 7_ ----- Deleted: 2. Upon the discovery of either an illegal connection as described in Section 3. Upon application for a building permit for work on an existing structure with a sewer service, 3702.3 or an illegal discharge as described in Section 3706.4 to the public sewer system; where the value of the work, as set forth in the permit, exceeds $100,000, provided, however, that the value of work required by the Americans with Disabilities Act ("ADA") or to add fire sprinklers as required by the California Fire Code as adopted in the City of Ukiah, shall not be included when determining whether a sewer lateral is subject to inspection and testing; provided, further, that beginning on March 7, 2009, the $100,000 amount shall be adjusted annually by the percentage increase in the Consumer Price Index over the same month in the previous year. CPI means the Consumer Price Index for San Francisco, Oakland -San Jose, CA, all items (base year 1982- 1984 =100) published by the United States Department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean comparable statistics on the purchasing power of the consumer dollar as determined by the City Manager. 4. The addition of a plumbing fixture having assigned to it two or more fixture units as are assigned by the California Plumbing Code as adopted in the City; 5. Adoption of a bedroom to an existing residence; 6. a Upon a change of use of the property serve_ d from a residential to a commercial use or from a ------ Deleted: 5 --------------------- commercial use to a restaurant; 7,y __ Deleted: 6. In conjunction with the replacement or rehabilitation of the public 7. Upon the discovery of either an illegal connection as described in Section 3702.3; sewer main tog which the lateral is connected; Q 8. A prohibited discharge as described in Section 3706.4 to the public sewersystem; Deleted: Upon the occurrence of a Qualifying Sewer Lateral Service Cali; and In conjunction with the rehabilitation or replacement of the public sewer main to _ -- Deleted: 8. Sewer laterals serving parcels that are located within 100 feet of any creek which the lateral is connected; and or stream which is declared by City Council resolution to be impacted by the sewer system 10. Sewer laterals serving parcels that are located within 100 feet of any creek or stream which is declared bV City Council resolution to be impacted by the sewers smote 3799.8 SEWER LATERAL INSPECTION AND TESTING PROGRAM, EVENTS AND TIME FRAMES TO COMPLETE WORK ON SEWER LATERAL ------- Formatted Table TIME FRAMES TO PERFORM WORK ON SEWER LATERAL No. EVENT Water Test Clean &Video Repair or Inspect Replace When Complete Inspection Within 30 days indicates Within 7 days of of Failed Water 1. Qualifying Sewer Lateral Service Call At time of service damage, Service Call or Test with Max displacement, or of 90 day deflection of Notice Extension for lateral Cause Inspection Within 30 days Within 7 days of indicates Within 7 days of of Failed Water 2. Sanitary Sewer Overflow Notice or At Time damage, Service Call or Test with Max displacement, or of 90 day of Service deflection of Notice Extension for lateral Cause Remodels to Structure Being Served of Prior to Permit Prior to Permit Prior to Permit Prior to Permit $100k or Greater Final Final Final Final 3 Addition of 2 FU or Greater to Building Prior to Permit Prior to Permit Prior to Permit Prior to Permit ¢ or Site Plumbing Final Final Final Final Prior to Permit Prior to Permit Pdor to Permit Prior to Permit Addition of Bedroom Final Final Final Final 5 Change of Property Use: Residential to Prior to Opening Prior to Opening Prior to Opening Prior to Opening Under 6. Commercial and Non -Restaurant Under New Under New Under New New PermittedUse Commercial to Restaurant Commercial Permitted Use Permitted Use Permitted Use Within 30 days of Failed Water 7, Within 7 days of Within 7 days of Within 7 days of Test with Max Illegal Connection Notice Notice Notice of 90 day Extension for Cause Within 30 days of Failed Water 8. Within 7 days of Within 7 days of Within 7 days of Test with Max Prohibited Discharge Notice Notice Notice of 90 day Extension for Cause Within 1 year of Within 1 year of Within 1 year of Within 2 years Rehabilitation or Replacement of Completion of Completion of Completion of of Failed Water 9. Sewer Main Sewer Main Sewer Main Sewer Main Work Test Work Work Parcel Served is within 100 feet of Within 1 Year of Within 1 Year of Within 1 Year of Within 2 years Creek which is Declared Impacted by Adoption of Adoption of Adoption of of Failed Water 10. Sewer System Resolution (or Resolution (or Resolution (or Test Notice) Notice) Notice) Affft. ITEM NO pir MEETING DATE: city ,J- �zjkiah AGENDA SUMMARY REPORT 11g March 3, 2010 SUBJECT: CONSIDERATION AND ACTION ON NAMING OF THE ORCHARD AVENUE BRIDGE AND CONSIDERATION OF BRIDGE DEDICATION CEREMONY Background: On December 16, 2009 the City Council Approved a Notice of Completion for the Orchard Avenue Bridge, Specification number 08-10. Prior to the completion of the bridge in the Fall of 2009 a representative from our local Veterans of Foreign Wars (VFW) addressed the City Council to request that the official name of the new bridge be "Jason J. Buzzard Memorial Bridge." Sergeant Buzzard died on June 21, 2006 in Operations Iraqi Freedom. Attached to this staff report is the letter submitted by the VFW (Attachment 1). Discussion: Once this request was made to the City Council, Staff discussed the request and suggested that it may be more appropriate to name the bridge "Veterans Memorial Bridge." Staff responded to the representatives to the VFW with this proposal. The VFW was happy to hear Staff's suggestion, however, the representatives continue to ask that the bridge be named as requested. This item was heard by the County of Mendocino in early February. The County was involved in this discussion because of the funding source for the bridge. The Economic Development Administration (EDA) grant, in which the County of Mendocino is a co -applicant, was the main source of funds for the bridge. The County took no action on the naming of the bridge and deferred to the City for the naming. Recommended Action(s): 1. Direct Staff to prepare and present a proclamation for the next regularly scheduled staff meeting that will dedicate and name the bridge "Jason J. Buzzard Memorial Bridge." 2. Direct Staff to coordinate a grand opening for the bridge naming dedication. Alternative Council Option(s): Provide direction to Staff. Citizens advised: VFW Requested by: Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Jane Chambers, City Manager Attachments: Letter from VFW dated October 21, 2009 1� Approved: VChambers, City Manager VETERANS OF FOREIGN WARS OF THE U.S. UKIAH POST NO. 1900 P. O. Box 1477 Ukiah, California 95482 City of Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 21 N"Yen?bg 2009 A7TACHMEN- 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 City of Ukiah RE: Jason. J. Buzzard Memorial Bridge March 3, 2010 I'm here to support the position of Ukiah Post 1900 of the Veterans of Foreign Wars that the new bridge over Orr Creek should be named the "Jason J. Buzzard Memorial Bridge". The City of Ukiah has, at one time, proposed that the bridge be named the Veterans Memorial Bridge. That's nice, but it is generic and impersonal. Perhaps you would recognize some of these names: SFC Donald Glenn Armstrong AFCM Edmund Henry Frenyea BMC Stephen Cornell Brunton LCPL Ronald Lemon Wafford PFC Dennis Paul Dunsing SP4 Jeffrey Scott Wesolowski These six young men from Ukiah have their names engraved in black granite 3,000 miles from here. They died some four decades ago. Some would say that this community should have done more to honor them at the time. I would say that is a failure of a past generation and we should not repeat it now... Let this generation do better for those who served in desert brown fatigues that those the past generation did for those that served in dark green jungle fatigues. No matter how many medals they may have on their chest when they return home, any combat veteran will tell you that the true heroes are the ones that didn't make it home. We have an opportunity here to honor a young man that paid the ultimate sacrifice for his country and his community. Thank you for placing this on your agenda for consideration. Phillip J. Dow Ukiah Post 1900 Veterans of Foreign Wars