HomeMy WebLinkAbout2010-05-05 PacketCITY OF UKIA
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
May 5, 20'10
6:00 p.m.
5. APPROVAL OF MINUTES
a. Regular Minutes of 4/21/10
b. Regular Minutes of 4/7/10
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. Adoption Of Ordinance Adding Cityview Trail To The City's Park And Recreation Facilities
b. Award Contract For Environmental Drilling - Ukiah Corporation Yard, Specification No. 10-
05 To Clear Heart Drilling, Inc., Santa Rosa, CA In The Amount Of $38,428.00 With An
Authorization Of $5000 For Potential Change Orders
C. Update Report Regarding Status Of Water Emergency Conditions Necessitating
Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well
d. Report To Council Regarding The Purchase Of A Vanguard Micro-Ohmmeter Test Set
From Tarbell Associates In The Amount Of $5,947.50 Including Tax And Freight. (EUD)
e. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage
Status
f. Report To Council Of The Expenditure Of $8,649.41 ToTiiger, Inc. For The Purchase Of A
Load Deck And A Dolly For The Electric Utility Department. (EUD)
g. Award Of Contract For The Wood Pole Testing Project To Osmose Utility Services, Inc. For
The Testing Of Approximately 1800 City Owned Wood Poles In The Amount Of $70,000.00.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not
on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3)
minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be
taken on audience comments in which the subject is not listed on the agenda.
9. PUBLIC HEARINGS (6:15 PM)
10. UNFINISHED BUSINESS
a. Discussion And Possible Action to Draft a Local Ordinance On Mobile Home Park Rent
Stabilization
b. Approval Of Contract Amendment With Leonard Charles And Associates For The
Preparation Of An Environmental Impact Report For The Ukiah Water Rights Permit
Amendment Project
11. NEW BUSINESS
a. Adopt The Resolution For The Lodi Energy Center (LEC) Application For Certification
(AFC), The Power Sales Agreement (PSA), And The Project Management And
Operation Agreement (PMOA). (EUD)
b. Verbal Report By City Manager and Finance Director Regarding Status of Sewer and Water
Rate Studies, Proposition 218 Process, and Future Rate Adoption Timeline
12. COUNCIL REPORTS
13. CITY MANAGER/CITY CLERK REPORTS
14. CLOSED SESSION - Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel - Anticipated Litigation
Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1 case)
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with ADA
requirements and will attempt to reasonably accommodate individuals with disabilities upon request.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are
available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA
95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue,
Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 30th day of April, 2010.
JoAnne Currie, City Clerk
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on April 21, 2010, the notice for which
being legally noticed on April 16, 2010. Mayor Thomas called the meeting to order at
6:01 pm. Roll was taken with the following Councilmembers present: Landis (arriving
7:41 pm), Crane, Rodin (arriving 7:41 pm), Baldwin, and Mayor Thomas.
Councilmembers absent: None. Staff present: City Manager Chambers, Assistant
City Manager Sangiacomo, City Attorney Rapport, Director of Planning and Community
Development Stump, Community Services Supervisor Merz, Electric Utility Director
Grandi, and City Clerk Currie.
2. PLEDGE OF ALLEGIANCE PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation: Workers Memorial Day 6:0'?:52 PM
Councilmember Baldwin read and presented the proclamation to Terry
Poplawski. Mr. Poplawski provided an overview of the Worker's Memorial Event.
b. Proclamation: Municipal Clerk's Week 6:07:05 PNi
Mayor Thomas read and presented the proclamation to City Clerk Currie.
3. PETITIONS AND COMMUNICATIONS
4. APPROVAL OF MINUTES
5. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR 6:10:15 PM
IS Crane/Baldwin to approve the Consent Calendar items 7a - 7b and 7d-7j:
a. Report of Disbursements for Month of March 2010.
b. Consideration of a Budget Amendment to Animal Control Fund, for Increased
Costs Associated with the City's Portion of Animal Shelter Costs.
C.
. Removed.
d. Notification of the Emergency Expenditure of $5,934.27 for the Purchase and
Installation of Water Treatment Plant Computer Software (SCADA) for Plant
Operations.
e. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well.
f. Authorize the City Manager to Submit an Application, to the Federal Aviation
Administration (FAA) for a Matching Grant for Federal Aviation Administration
(FAA) Approved Project Under Airport Improvement Program. This Project is for
an EIR for the East Side Taxi Way Connector.
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g. Report to Council Regarding Entering Into a Professional Services Agreement
with Nichols Consulting for the Purpose of Assisting the City in Filing a Claim with
the California State Controller's Office for Mandated Brown Act Costs (SB90)
Reimbursement, and for All Other Eligible Claiming Opportunities, with a Not to
Exceed Cap of $9,500.
h. Update Report on Local Emergency Declaration Regarding Drought and Water
Shortage Status.
i. Approve Budget Amendment for Anton Stadium and Skate Park to Provide for
Expenditures in Fiscal Year 2009-2010.
j. Authorize the Repair of Electric Utility Truck #2121 in an Amount Not to Exceed
$19,000 and Continue the Digger Derrick Truck Rental Through June 30, 2010.
Receive Report of Expenditure of $8,040 for Digger Derrick Truck Rental and
Delivery Fees.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, Baldwin,
and Mayor Thomas. NOES: None. ABSENT: Councilmember Landis and Rodin.
ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:14:27 P1\4
None.
9. PUBLIC HEARINGS (6:15 P)
10. UNFINISHED BUSINESS
a. Status Report and Direction Concerning the CityView Trail Project. 6:15:39
PM
Director of Planning and Community Development Stump introduced the item.
Recommended Action(s): Discuss the status of the CityView Trail project and
provide any direction to Staff.
Report received.
b. Introduction of Ordinance Adding Cityview Trail to the City's Park and
Recreation Facilities. 6:22:18 PM
Director of Planning and Community Development Stump introduced the item.
Recommended Action(s): Introduce Ordinance by title only adding City View
Trail to the City's park and recreation facilities.
M/S Crane/Baldwin to introduce the ordinance by title only. Motion carried by
the following roll call vote: AYES: Councilmembers Crane, Baldwin, and Mayor
Thomas. NOES: None. ABSENT: Councilmember Landis and Rodin. ABSTAIN:
None.
City Clerk Currie read the ordinance title.
M/S Baldwin/Crane to introduce the ordinance. Motion carried by the following
roll call vote: AYES: Councilmembers Crane, Baldwin, and Mayor Thomas.
NOES: None. ABSENT: Councilmember Landis and Rodin. ABSTAIN: None.
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C. Status Report On Riverside Park Development Project Funded By
California Resources Agency River Parkways Grant. 6:24:26 PM
Community Services Supervisor Merz presented the item. Recommended
Action(s): Receive status report.
Community Services Supervisor Merz stated for the record that park usage is
scheduled appropriately for the park space. 6:51:40 PM
Public Comment Opened 6:53 p
Public Speaking to the item: Linda Sanders 6:53:33 PM; Ernie Fine 6:54:37 PM;
and Michael Laybourn. 7:13:37 PM
Public Comment Closed 7:15 pm
Report received.
d. Approval of Settlement Agreement between the City and River Watch of
Northern California.
City Attorney Rapport presented the item. Recommended Action(s): To be
discussed in closed session.
11. NEW BUSINESS
a. A Resolution of the City Council of the City of Ukiah Formally Opposing
Proposition 16, "The New Two-Thirds Vote Requirement for Local Public
Electricity Providers - Initiative Constitutional Amendment." 7:17:36 PM
Electric Utility Director Grandi presented the item. Recommended Action(s):
Approve the Resolution.
Public Comment Opened 7:29 pm
Public Speaking to the item: Michael Laybourn. 7:29:18 PM
Public Comment Closed 7:35 pm
M/S Crane/Baldwin 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.
Recessed 7:42 pm
Reconvened 7:46 pm
12. COUNCIL REPORTS
Councilmember Landis reported on her and Councilmember Rodin's attendance to the
USDA Forum in Santa Cruz and distributed a written summary. Councilmember Landis
also reported on touring Watsonville, CA to view some funded by USDA. 7:46:44 PM
Councilmember Baldwin reported on concerns from other agencies regarding continued
funding of the Coyote Dam feasibility study; consider agendizing within the next three
months.
Mayor Thomas reported on the success of the ukiaHaiku Festival.
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13. CITY MANAGER/CITY CLERIC REPORTS
a. City Manager Oral Report on Current Status of Water/Sewer Rate Studies:
City Manager Chambers provided an update on the status of the water/sewer
rate studies. Sewer bond information and rate model has been distributed to the
Ukiah Valley Sanitation District. The proposed water rate is comparable with
surrounding water providers. Citizens are encouraged to watch the city web site
for future meeting dates regarding rates. The tentative date for Council to
consider rates is May 5, 2010. Finance Controller Newell is currently in the
process of meeting with department directors to finalize proposed budgets.
Adjourned to closed session and the Ukiah Redevelopment Agency at 7:53 pm.
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)
d. Approval of Settlement Agreement between the City and River Watch of
Northern California. 8:03:55 P1\/1
City Attorney Rapport presented the item. Recommended Action(s): Approve
tolling agreement.
M/S Rodin/Baldwin to approve the Recommended Action, to approve the
settlement agreement, release and authorize the City Manager to sign on behalf
of the city. Motion carried by the following roll call vote: AYES: Councilmembers
Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT:
None. ABSTAIN: None.
Reconvened in Open Session at 9:30 pm with no reportable action for 14a.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:30 pm.
JoAnne M. Currie, City Clerk
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CITY OF UKIAH
Item 5b
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on April 7, 2010, the notice for which being
legally noticed on April 2, 2010. Mayor Thomas called the meeting to order at 6:03 pm.
Roll was taken with the following Councilmembers present: Crane, Rodin, Baldwin,
and Mayor Thomas. Councilmembers absent: Councilmember Landis. Staff present:
City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport,
Director of Public Safety Dewey, Fire Division Chief Jennings, Director of Electric Utility
Grandi, Project and Grant Administrator Mills, Community Services Supervisor Merz, IT
Supervisor Butler, Director of Public Works/City Engineer Eriksen, and City Clerk Currie.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Introduction of Public Safety Employees of the Year 6:05:25 PM
Fire Division Chief Jennings introduced the Fire Department employees of the
year: Rob Ramseier, Paid Firefighter of the year; Ryan Nelson, Volunteer
Firefighter of the year; Matt Espinoza, Volunteer Rookie of the year; and Miley
Merritt, Fire Explorer of the year.
Director of Public Safety Dewey introduced the Police Department employees of
the year: Mariano Guzman, Police Officer of the year; Fred Keplinger, Meritorious
Service award; Tanya Schillinsky, Public Safety Dispatcher of the year; Christel
Cash, Distinguished Service award, and Adam Elledge, Police Cadet of the year.
Director of Public Safety Dewey introduced the newest officer to the police force,
Daisy the drug dog.
b. ukiaHaiku Festival Proclamation 6:14:33 PM
Mayor Thomas read and presented the proclamation to Theresa Whitehill, Ukiah
Poet Laureate. Mayor Thomas, and Councilmembers Crane and Baldwin read
poems in honor of poetry month.
C. Orchard Bridge Naming Proclamation 6:25:49 PM
Councilmember Crane read the proclamation and presented it to the parent's of
Sergeant Jason J. Buzzard. Ceremonial opening and naming of the bridge is
scheduled at 4 pm; and at 5:15 pm the unveiling of Railroad Depot is scheduled.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Special Minutes of Joint Council/UVSD Meeting 1/14/10
b. Regular Minutes of 3/17/10
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MIS Rodin/Crane to approve the Special Minutes of Joint Council/UVSD Meeting
January 14, 2010, and Regular Minutes of March 17, 2010, as submitted. Motion
carried by the following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin,
and Mayor Thomas. NOES: None. ABSENT: Councilmembers Landis. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR 6:30:23 PM
MIS Crane/Baldwin to approve the Consent Calendar items 7a-7f and 7h-7k:
a. Approve Budget Amendment and Approve Amendment to Professional Services
Agreement with Rau and Associates, Inc. in an Amount Not to Exceed $29,560
for Design Work Related to the Preparation of Bid Documents for South Dora
Street Rehabilitation, Phase 2.
b. Notification of the Expenditure of $7,860.17 for the Repair and Upgrade of the
Water Treatment Plant Scada System.
C. Report of Acquisition of Professional Engineering Services from EBA
Engineering for Preparation of the Quarterly Report and Filing Respective Data
with State Geotracker Services for the Ukiah Landfill.
d. Adoption of Resolution Approving Records Destruction.
e. Update Report Regarding Status of Water Emergency Conditions Necessitating
Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well.
f. Authorize City Manager to Negotiate And Execute Lease Agreement With North
Coast Opportunities for the Temporary Operation of the Cleveland Lane
Community Garden.
9
GeveMrneRt Code 26351. Now 11 d
h. Award Contract for the Construction of the Ukiah Sports Complex Playground
Structure to Earthstone Construction, Inc in the Amount Of $29,342.
i. Update Report on Local Emergency Declaration Regarding Drought and Water
Shortage Status.
j. Award Purchase of Pole Mount and Pad Mount Transformers for the Total
Amount of $27,391.96.
k. Discussion and Possible Adoption of Resolution Authorizing City Manager to Sell
Renewable Energy Credits (RECS) Through Brokerage Services of Evolution
Markets.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, Rodin,
Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Landis.
ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Lucy Meely spoke in appreciation of item 7f. 6:35:44 PM
9. PUBLIC HEARINGS (6:15 PM)
10. UNFINISHED BUSINESS
a. Authorize the City Manager to Negotiate and Execute a Contract with Land
Image Landscape Architects and Planners for Professional Landscape
Architectural Services to Develop a Landscaping and Irrigation Plan for the
City of Ukiah Electric Utility Orchard Substation Project. 6:36:52 PM
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Director of Electric Utility Grandi presented the item. Recommended Action(s):
Authorize the City Manager to Negotiate and Execute a Contract with Land
Image Landscape Architects and Planners for Professional Landscape
Architectural Services to Develop a Landscape and Irrigation Plan for the City of
Ukiah Electric Utility Orchard Substation Project in an Amount not to exceed
$11,082.50, and to Authorize Staff to Amend the Contract, if Necessary, up to
10% of the Contract Amount, or $5,000, Whichever is Greater.
MIS Crane/Baldwin to continue the item. Motion carried by all AYE voice vote.
b. Award Bid to AZZ/Central Electric Manufacturing Company in the Amount
of $1,834,221.00 for the Purchase of the 15-kV Metal-Clad Switchgear and
Control Building for the Orchard Substation Project.
Director of Electric Utility Grandi presented the item. Recommended Action(s):
Award bid to AZZ/Central Electric Manufacturing Company in the Amount of
$1,834,221.00 for the Purchase of the 15-kV Metal-Clad Switchgear and Control
Building for the Orchard Substation Project.
Award Bid to Dis-Tran in the Amount of $348,007.61 for the Purchase of the
Orchard Substation Structures and Equipment.
Director of Electric Utility Grandi presented the item. Recommended Action(s):
award bid to Dis-Tran Packaged Substations in the amount of $348,007.61 for
the purchase of the Orchard Substation structures and equipment.
MIS Crane/Baldwin to approve the Recommended Actions for 10b and 10c.
Motion carried by the following roll call vote: AYES: Councilmembers Crane,
Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember
Landis. ABSTAIN: None.
Approve Plans and Specifications No. 10-02 for Ukiah Skate Park. 6:49:08
iAl
Assistant City Manager Sangiacomo and Project and Grant Administrator Mills
presented the item. Recommended Action(s): Approve Plans and
Specifications No. 10-02 for Ukiah Skate Park.
Public Comment Opened 6:50 pm
Public Speaking to the item: Steve Dangler 6:50:07 PM, Justin Capri 6:53:39
PM, and JR Rose representing his grandson and the grandson's friends.
Public Comment Closed 6:55 pm
MIS Crane/Rodin to approve the Recommended Action. Motion carried by the
following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin, and
Mayor Thomas. NOES: None. ABSENT: Councilmember Landis. ABSTAIN:
None.
Recessed at 6:59 pm
Reconvened at 7:14 pm
13. CITY MANAGER/CITY CLERK REPORTS
City Manager Chambers reported staff had a meeting discussing the use of Facebook as
an outreach to the community.
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12. COUNCIL REPORTS
Councilmember Baldwin's agenda items requested: Proposition 16 regarding the
expansion of public utilities be agendized (City Manger Chambers replied it is set for the
April 21 agenda); Coyote Dam Feasibility Study (Mendocino County is contemplating
continued participation); and the use of CARES (public benefits fund) as an offset for the
upcoming possible water and sewer rate increases be agendized. On the next agenda,
Councilmember Baldwin will ask Council to consider rent stabilization for mobilehome
parks. Councilmember Baldwin suggested holding a City Council meeting during the day
at Ukiah High School to allow civic or student government classes to attend. 7:16:04
PM
Councilmember Rodin announced the Complete Streets and Bicycle and Pedestrian
Workshop Thursday, May 6, 2010, at the Ukiah Valley Conference Center. Mendocino
Council of Governments meeting had a presentation on the blueprint planning process
and what Shasta County had done using a model for growth scenario. 7:17:47 PM
Mayor Thomas reported on the ukiaHaiku festival on April 18, at 300 Seminary Avenue,
Ukiah, CA. 7:21:28 PM
10. UNFINISHED BUSINESS
e. Introduction of Ukiah Police Department Internet Based Crime Report
Mapping and Community Notification Tool. 7:24:56 PM
Director of Public Safety Dewey presented the item. Recommended Action(s):
No action required; notification of crime mapping and notification tool.
City Council received the report.
d. Presentation of the Ukiah Police Department's 2010-2015 Strategic Plan.
7:29:11 l v
Director of Public Safety Dewey presented the item. Recommended Action(s):
No action required, receive Strategic Plan and provide any recommendations
desired.
City Council received the report.
g. Discuss the Renovation Plan for the Ukiah Municipal Pools and Consider
Authorization for Staff to Request Changes to the California State Parks
Grant Agreement Scope of Work. 8:00:32 PM
Community Services Supervisor Merz, Assistant City Manager Sangiacomo, and
Project and Grant Administrator Mills presented the item. Recommended
Action(s): Direct City staff to submit a request for change of project scope for the
Ukiah pools renovation grant agreement with the California State Parks.
Staff recommends renovation scenario #2, remove small lap pool and utilize
large pool shell area to create one lap pool and one shallow pool. Not
recommending the removal of the small pool now. 8:11:00 PM
Public Comment Opened 8:39 pm
Public Speaking to the item: Alan Nicholson.
Public Comment Closed 8:42 pm
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MIS Crane/Rodin to approve the Recommended Action supporting scenario #2,
remove small lap pool and utilize large pool shell area to create one lap pool and
one shallow pool and not rush on removing small pool. Motion carried by the
following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin, and
Mayor Thomas. NOES: Councilmember Baldwin. ABSENT: Councilmember
Landis. ABSTAIN: None.
h. Discussion and Direction Regarding
the CNG Street Sweeper and Approve
a CNG Fuelmaker. 8:53:04 PM
Acquisition of a CNG Fuelmaker for
Budget Amendment for Purchase of
Director of Public Works/City Engineer Eriksen presented the item.
Recommended Action(s): 1. Approve budget amendment for purchase of a
CNG FuelMaker; 2. Direct staff to seek bids for purchase of CNG FuelMaker for
transfer to PG&E; and 3. Direct staff to seek reimbursement from Mendocino
County Air Quality Management District-
MIS Crane/Baldwin to approve the Recommended Action.
Councilmember Crane left the dais 8:56 pm
Councilmember Crane returned to the dais 8:58 pm
Motion carried by the following roll call vote: AYES: Councilmembers, Crane,
Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember
Landis. ABSTAIN: None.
Discussion and Possible Approval of Protest to Sonoma County Water
Agency Petition to Modify Water Rights Permits by Reducing the Minimum
in Stream Flow Requirements for the Russian River Below Lake
Mendocino. 8:~9:0 ='M
City Attorney Rapport presented the item. Recommended Action(s): Approve
water right protest in Attachment and authorize staff to file protest with the State
Water Resources Control Board.
Councilmember Rodin left the dais 8:59 pm
Councilmember Rodin returned to the dais 9:02 pm
Public Comment Opened 9:05 pm
Public Speaking to the item: Sean White, Russian River Flood Control (RRFC),
stated the due date for the protest is now May 13, 2010.
Public Comment Closed 9:08 pm
MIS Crane/Rodin to approve the Recommended Action. Motion carried by the
following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin, and
Mayor Thomas. NOES: None. ABSENT: Councilmember Landis. ABSTAIN:
None.
11. NEW BUSINESS
a. Approval to Issue Request for Proposal for Engineering Services for the
Preparation of a Recycled Water Master Plan. 9:09:05 PM
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Public Works Director/City Engineer Eriksen presented the item.
Recommended Action(s): Approve the RFP for engineering services for the
preparation of a Recycled Water Master Plan.
Public Comment Opened 9:16 pm
Public Speaking to the item: Sean White, RRFC; Lee Howard, RRFC, 9:27:26
PM; John McCowen, attending also at the request of Supervisor Carrie Brown
9:33:44 PM; and Linda Sanders, Ukiah Resident 9:36:39 PM.
Public Comment Closed 9:38 pm
Motion by Councilmember Crane to continue item to allow time to allow time to
work with other agencies to hold a community forum and then have the policy
discussion and move forward with the RFP. Motion failed due to lack of a
second. 9:39:49 PM
MIS Rodin/Crane to continue item, direct staff to circulate draft RFP to Russian
River Flood Control and others asking for feedback and agendize for the May 19,
2010, Agenda. Motion carried by an all AYE voice vote.
Councilmember Rodin left the dais 9:52 pm
b. Authorize the City Manager to Negotiate and Execute a Professional
Services Contract with Johnson IT Group for Information Technology
Services to Be Performed on an As-Needed Basis. 9:53:50 PM
Assistant City Manager Sangiacomo and IT Supervisor Butler presented the
item. Recommended Action(s): Authorize the City Manager to negotiate and
execute a professional services contract with Johnson I.T. Group for information
technology services to be performed on an as-needed basis.
MIS Baldwin/Crane to approve the Recommended Action. Motion carried by
the following roll call vote: AYES: Councilmembers Crane, Baldwin, and Mayor
Thomas. NOES: None. ABSENT: Councilmembers Landis and Rodin. ABSTAIN:
None.
C. Authorize the City manager to Negotiate and Execute a Contract with
Deepblue for Internet Web Site Redesign.
IT Supervisor Butler and Assistant City Manager Sangiacomo presented the
item. Recommended Action(s): Authorize the City Manager to negotiate and
execute a contract with Deepblue for internet web site redesign in an amount not
to exceed $24,510.00, and to authorize staff to amend the contract, if necessary,
up to 10% of the contract amount or $5,000, whichever is greater, without further
council action.
MIS Baldwin/Crane to approve the Recommended Action. Motion carried by
the following roll call vote: AYES: Councilmembers Crane, Baldwin, and Mayor
Thomas. NOES: None. ABSENT: Councilmembers Landis and Rodin. ABSTAIN:
None.
d. Adoption of Resolution Waiving the 60-Day Notification Requirement for
Establishing a County Facility in the City (123a & 123b Leslie Street),
Pursuant to Government Code 25351. Was item 7g 10:06:39 PM
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MIS Baldwin/Crane to approve the Recommended Action. Motion carried by
the following roll call vote: AYES: Councilmembers Crane, Baldwin, and Mayor
Thomas. NOES: None. ABSENT: Councilmembers Landis and Rodin. ABSTAIN:
None.
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)
Removed.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 10:09 pm.
JoAnne M. Currie, City Clerk
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1 ~Y
City t~ "t/kzcrft
ITEM NO.:
7a
MEETING DATE: May 5, 2010
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF ORDINANCE ADDING CITYVIEW TRAIL TO THE CITY'S PARK AND
RECREATION FACILITIES
DISCUSSION: On April 21, 2010, the City Council voted 3-0 (Rodin and Landis absent) to introduce an
ordinance adding the new City View Trail to the list of parks and recreation facilities contained in the Ukiah
City Code. The ordinance has been prepared in final form and is ready for adoption.
Fiscal Impact:
F-1 Budgeted FY 09/10 F] New Appropriation Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
Continued on Page 2
Recommended Action(s): Adopt Ordinance adding City View Trail to the City's park and recreation
facilities.
Alternative Council Option(s): N/A
Citizens advised: Ukiah Paths, Open Space and Creeks Commission and Ukiah Valley Trails Group
Requested by: Charley Stump, Director of Planning and Community Development
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Jane Chambers, City Manager and Sage Sangiacomo, Assistant City Manager
Attachments: 1) Ordinance
Approved:
Ja Chambers, City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING SECTION 1965 OF CHAPTER 12 (PARKS AND RECREATION FACILITIES) OF DIVISION 1
(GOVERNMENT) OF THE UKIAH CITY CODE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE
Pursuant to Section 1965 of the Ukiah City Code, Division 1, Chapter 12 (Government) is amended
by adding "City View Trail" to the City's official list of parks and recreation facilities, as shown on Exhibit "A"
(Attached).
SECTION TWO
This amendment to Section 1965 of the Ukiah City Code, Division 1, Chapter 12 (Government) of
the Ukiah City Code is necessary to formally list the new City View Trail as a City park and recreation
facility.
SECTION THREE
The adding of City View Trail to the list of the City's parks and recreation facilities is not regarded as
a "Project" pursuant to the requirements of the California Environmental Quality Act (CEQA), pursuant to
Section 21065, because the act of adding it to the list would not result in a direct physical change in the
environment or a reasonably foreseeable physical change in the environment. Moreover, the City approved
a Mitigated Negative Declaration for the City View Trail project prior to approving the final design and
authorizing its construction.
SECTION FOUR
This Ordinance shall be published as required by law in a newspaper of general circulation
published in the City of Ukiah.
SECTION FIVE
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on April 21, 2010 by the following roll call vote:
AYES: Councilmember's Crane, Baldwin, and Mayor Thomas
NOES: None
ABSENT: Councilmember's Rodin and Landis
ABSTAIN: None
Passed and adopted on , by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Benj Thomas, Mayor
ATTEST:
JoAnne Currie, City Clerk
EXHIBIT A
SECTION 1965: FACILITIES:
The following described parcels of land are parks and recreation facilities of the city and shall be known by
the names indicated:
A.Todd Grove municipal park: Bounded by Walnut, Live Oak Avenue, and Park Boulevard;
B.Giorno park: Situated next to Anton stadium and lying between Giorno Avenue and Park Boulevard;
C.Carpenter park: Bounded by Clay Street and Main Street;
D.McGarvey park: Bounded by Stephenson, Bush, Dora, and Clay Streets;
E.Oak Manor park: Bounded by Oak Manor Drive, Gobbi, and Gibson Streets;
F.Seminary Avenue: Bounded by Oak and State Streets;
G.Vinewood park: Situated between Elm and Pine Streets;
H.Municipal golf course: Situated along Live Oak Avenue and Park Boulevard;
I.Gardner Pocket park: Situated within parking lot A;
J.Alex R. Thomas, Jr., Plaza: Bounded by State, School, and Clay Streets;
K.Observatory park: Situated between Observatory Avenue and Luce Avenue;
L.Orchard park: Bounded by Orchard Avenue and Cindee Drive;
M.Riverside park: Situated at the east end of Gobbi Street and bordered on the east by the
Russian River.
N. City View Trail: Situated on the City-owned property above the Ukiah Municipal Golf Course in the
lower western hills. The 1.5 mile looped trail begins and ends at a point in Low Gap Regional Park.
7b
May 5, 2010
SUBJECT: AWARD CONTRACT FOR ENVIRONMENTAL DRILLING - UKIAH
CORPORATION YARD, SPECIFICATION NO. 10-05 TO CLEAR HEART
DRILLING, INC., SANTA ROSA, CA I THE AMOUNT OF $38,428.00 WITH AN
AUTHORIZATION OF $5000 FOR POTENTIAL CHANGE ORDERS
Background: This project is an element of the City's Remedial Action Plan for the cleanup of the former
underground storage tank site located at the City corporation yard. These wells will be used for the
monitoring of groundwater contamination, as well as the treatment of the groundwater and soil vapor at the
site.
Discussion: The City distributed plans and specifications to 10 builder's exchanges and 10 contractors for
the Environmental Drilling - Ukiah Corporation Yard project, Specification No. 10-05. The City publicly
advertised this project on April 4 and April 11, 2010, in the Ukiah Daily Journal. A copy of the Notice to
Bidders was sent to 8 contractors including all License Class C-57 Well Drilling contractors on the City's
2010 Qualified Contractors List. In addition, the plans and specifications were posted on the City's website.
Sealed proposals were received and opened by the City Clerk on April 22, 2010 at 2:00 PM Three
contractors submitted bids. The lowest responsive, responsible bidder is Clear Heart Drilling, Inc. with a bid
of $38,428. The engineer's estimate for this project is $40,000. The bid tabulation sheet is attached.
If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for
contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at
estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the
bid total indicated. As with construction projects, there may be cost overruns by reason of unforeseen work
or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the
responsible Department Head, with approval of the City Manager, to issue change orders not to exceed 10
percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to
the original contract sum, exceeds the amount budgeted for the project.
Staff recommends that City Council award the contract for Environmental Drilling - Ukiah Corporation Yard
Specification No. 10-05 to Clear Heart Drilling, Inc. with authorization of $5,000 for potential change orders.
_ Continued on Page 2
Recommended Action(s): 1) Award contract for Environmental Drilling - Ukiah Corporation Yard
Specification No. 10-05 to Clear Heart Drilling, Inc, Santa Rosa, CA in the amount of $38,428.00.
2) Authorize. $5,000 for potential change orders.
Alternative Council Option(s): (1) Reject Bids; (2) Provide staff with other direction.
Citizens advised: NIA
Requested by: Tim Eriksen, Director of Public Works / City Engineer
Prepared by: Alan Hasty, Assistant Engineer
Coordinated with: Jane Chambers, City Manager; Rick Seanor, Deputy Director of Public Works
Attachments: None
Approved: J #(e Chambers, City Manager
Subject: Award of Contract for Environmental Drilling - Ukiah Corporation Yard, Specification No. 10-05
Meeting Date: May 5, 2010
Page 2 of 2
Fiscal Impact:
® Budgeted FY 09/10 1-1 New Appropriation F-1 Not Applicable Budget Amendment Required
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
$45,000 110 Fund Balance 110.3301.250.000
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ITEM NO.. 7c
MEETING DATE: May 5, 2010
AGENDA SUMMARY REPORT
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:
V Chambers, 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 April depending on the weather. There needs to be 7 to 10 days of dry weather before the
ground in dry enough to start construction.
City of 'Ukfah
ITEM O.: 7d
MEETING DATE:
May 5, 2010
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO COUNCIL REGARDING THE PURCHASE OF A VANGUARD
MICRO-OHMMETER TEST SET FROM TARBELL ASSOCIATES I THE AMOUNT OF
$5,947.50 INCLUDING TAX AND FREIGHT. (EUD)
Pursuant to the requirements of Section 1522 of the Municipal Code, staff is submitting this report to the
City Council regarding the purchase of a Vanguard Micro-Ohmmeter test set from Tarbell Associates in
the amount of $5947.50 including tax and freight.
The Vanguard Micro-Ohmmeter is a digital low range Ohm meter used to measure the integrity of
electrical connections.
A bid tabulation of the bidders that responded is below for Council's review.
Vendor Total Price (Including Freight)
Vanguard c/o Tarbell Associates
Meggar
$5,947.50
$6,416.25
Fiscal Impact:
® Budgeted FY 09/10 F] New Appropriation
Not Applicable Budget Amendment Required
F-1 F
Amount Budgeted Source of Funds (title and Account Number
$6,685,000 Dist. Substation 800.3642.800.000
Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY
Alternative Council Option(s): None Needed
Citizens advised:
N/A
Requested by:
Mel Grandi, Electric Utility Director
Prepared by:
Jim O'Brien, Electric Utility Technician
Coordinated with:
Mary Williamson, Purchasing Assistant, Mary Horger, Purchasing Supervisor,
Attachments:
NIA
Approved: 6
Jane ambers, City Manager
Summary: In drought conditions, the City may declare a local emergency under the California Emergency
Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage
Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a
RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT
AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE.
(Attachment #1).
The resolution contains recitals setting forth the drought conditions and the response to those conditions by
the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control
Board which the resolution seeks to address. Please refer to those recitals for details.
Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by
replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and
will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined
actions that the City is taking, responded to SCWA's request for water use information, and included an outline
of the City of Ukiah's water conservation program for 2009.
As a result of the drought, the City Council has considered many different aspects of the water shortage issue.
Under Council's direction, staff has implemented a series of water conservation and education measures. In
addition, the City has a full time staff position dedicated to implementing these measures.
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 paae 2
Recommended Action: 1. City Council receive the status report on water shortage emergency
Alternative Council Option(s): NIA
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:=
Ja -Chambers, ity Manager
Subject: Drought and Water Shortage Status
Meeting Date: May 5, 2010
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 86,400 acre-feet. 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.
Regional Issues
City Staff is also monitoring the Draft Ukiah Valley Area Plan Water Supply Assessment report. Many of the
local valley water purveyors are concerned with this report. It is hoped and presumed that the Board of
Supervisors will direct county staff to address some of the issues that have been submitted.
The Request For Proposal (RFP) for the master plan for reclaimed water has been drafted and reviewed by
the City Council. Staff has been meeting with stake holders for this system, as directed by Council and hope
to issue the RFP by mid May 2010.
ATTACHMENT /
WHEREAS,
1. Lake Mendocino and the Russian River are one current source of water for the City of
Ukiah and the primary source of water for other domestic and agricultural users of water in
Mendocino and Sonoma Counties; and
2. Average rainfall through March for the area contributing ran-off to Lake Mendocino
is 42 inches and the rainfall total through March 2009 is 23 inches; and
3. There have been below average rainfall and reduced storage in, Lake Mendocino in
2004, 2007 and 2008; and
4. Average rainfall for April June is 4.8 inches; and
• 5. Even average rainfall for the remainder of the rainy season cannot compensate for the
extremely low rainfall this year; and
6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake
level of 727.63 feet; and
7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007
was 56,617 acre feet and the average Labe 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 tinder
the Emergency Services Act; and
10. On April 6, 2009, the State Water Resources Control Board ("SWRCB") has
approved an Urgency Change Petition Bled by the Sonoma County Water Agency ("SCWA" ) to
reduce in-stream flows in the Russian River to 75 cfs from April 6-June 30, 2009 and to as low
as 25 cfs for the period July I.-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, equipment, and facilities of individual local governments and which require the combined
forces of other political subdivisions to combat; and
13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local
emergency under the statutory definition; and
14. In a declared local emergency, local agencies may provide'mutual aid as needed pursuant
to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to
agreement or at the direction cif the Governor, cosh incurred by the City in providing mutual aid
pursuant to agreements or resolution constitute a charge against the state, when approved by the
Governor in accordance with adopted regulations, and the City Council may promulgate orders and
regulations for the duration of the emergency to provide protection for life and property (see
Government Code 8631-86-34); and
15. In a declared local emergency, the City Council must review the state of the emergency
not less than every 21 days after first declaring the emergency; and
16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a
water emergency, specify the degree of emergency and place into effect the appropriate provisions of
Division 4, Chapter I, Article I I of the Ukiah City Code pertaining to a hater Shortage Emergency;
and
17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to
institute such water conservation measures on a voluntary basis as may. be required to reduce
water demand to coincide with available supply; and
18. The City Council has already authorized the development of a groundwater well on
an emergency basis to provide the City with an additional water source this summer that does not
rely on the Russian River or water stored in Lake Mendocino; and "
19. Stage II and III water emergencies impose various mandatory conservation measures
on City residents, including a prohibition on "nonessential water use" in a Stage II water
emergency and a limit on the daily use of water by different classes of water user in a Stage III
emergency, and
2
20. The City can declare a Stage II or Stage II emergency, if voluntary measures or less
sever mandatory measures does not achieve an adequate reduction in the use of Russian River
water or in water use generally to meet the available supply;
NOW, TIHE~ORE, BE IT RESOLVED that the City Council of the City of Uldah hereby:
1. Declares a local emergency due to drought under the Emergency Service Act.
2. Declares a Stage I Water Storage Emergency under Uidah City Code Section 3502.
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. 5, 2009 to
October 2, 2009 C"Conservation Period I and to report back to the City Council at each City
Council meeting field during that same time period on the measures identified, the means used to
encourage their use, the amount of water use reduction, and the status of the emergency
conditions;
b. to notify the City Council, if the City Manager determines that a Stage I Water
Emergency is not reducing water use to match the available supply and to recommend a Stage II
or III emergency, if necessary to achieve that level of water use;
c. at City Council meetings during the Conservation Period to recommend
temporary rules or orders to supplement or modify mandatory conservation measures in a Stage
Il or III Water Storage Emergency to reduce water use to the available supply and to achieve the
conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the
State Water Resources Control Board;
c. to work with other local governments in the County, including the incorporated
cities and county water districts, to preserve as much water as possible for use during the dry summer
months and for the fall return of Chinook Salmon to the Russian River; and
d. to coordinate mutual aid efforts to address the local emergency between and among
political subdivisions in Mendocino and Sonoma Counties and state agencies.
PASSED AND ADOPTED on April 15, 2009, by the following roll call vote:
AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin
NOES: None
ABSTAIN: None
ABSENT: None
Philip E. aldwin, Mayor
ATTESJ;
Lind ro ity Clerk
3
April 28, 2009 6i
Lynn Florey
Sonoma County Water Agency
Principal Program Specialist
P.O. Box 11628
Santa Rosa, CA 95406
Dear Ms. Florey;
This letter is written in response to your letter dated April 17, 2009. I do not know when
your letter was received by the City of Ukiah, but it arrived-at our water treatment plant
rather than in my office at City Hall. The letter was just brought to my attention late
yesterday.
I had been expecting a request to respond to Sonoma County Water Agency for
information related to the State Water Resources Control Board's ruling, and, therefore,
am making an effort to meet your deadline of today's date. In future, it would be helpful
if you could copy and/or address critical dated correspondence about these current
drought conditions directly to my office, as that will assist iis 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 A. The Ranney and Well #3 draw water from an alluvial zone along the
Russian River. The pumping capacity of both the Ranney collector and Well #3
are affected by the amount of flow in the river. If that water is not available
during this summer, the only source of water available as of this date will be Well
#4, which is percolated groundwater.
On February 27, 2009 Governor Arnold Schwarzenegger declared a water
shortage. On February 26, 2009, the City received a letter from Victoria A.
300 SEMINARY AVENUE UKIAH, CA 95482-5400
Phone# 707/463-8200 Fax-,7071463-6204 Web Address: www.cityofukiah.com
City staff is actively seeking stimulus funding for a system to deliver recycled
water from the City's wastewater treatment plant. At the current time, it is
anticipated that the wastewater treatment plant could begin to produce recycled
water by August of 2009. A distribution system is under design and plans will be
developed within the next few months. Funding for this important resource
delivery project will be explored from all possible resources, as the City fully
recognizes the value of using recycled water to lower the demand for surface
water in our area. Although a recycled water distribution system cannot be in
place for this summer, the City will pursue developing this resource.
With regard to efforts to identify and prevent water waste and unreasonable use: Typical
water waster penalties include, in the order implemented:
1. Educational letter or visit
2. Educational visit and warning
3. Citation
4, Installation of flow restrictor and possible fine
5. Shutoff and reconnection fee
The City will identify water wasters through monitoring the water meters and citizen
reports.
In closing, please review all aspects of the attached conservation measures and water use
detail in addressing the four questions of your letter, in addition to the specific issues
addressed in the above bullet points.
Please call me at 707- 463- 6213 if you have questions regarding this information.
Sincerely,
A. Chambers
Manager
Attachments: 1. City of Ukiah Water Use
2. City of Ukiah Water Conservation Program 2009
City of Uldah Water Use
Annual Water Use
MG
2008 1392.968
2007 1219.964
2006 1248.424
2005 1223.542
2004 1345.744
-11.4% 2008/2004
-9,3% 2007/2004
-7.2% 2006/2004
-9.1% 2005/2004
Water Use (MG)
2004
2007
2008
2009 2007/2004
2008/2004
April
96.743
87.507
87.865
-10%
-9%
May
145.402
121.505
132.345
-16%
-9%
June
162.897
149.782
143.459
-i3%
-12%
July
185.876
164.473
158.899
-12%
-15'%
August
179.326
162.859
157.056
-9%
-12%
Sept.
156.798
134.481
130.508
-14%
-17%
Oct.
109.224
83.777
91.724
-23%
-16%
Total
MG
1036.266
904.385
901.866
-33%
-13%
ac-ft
3180
2775
2758
Diversi
on Volume (MG)
2004
2007
2008
2009 2007/2004
2008/2004
April
57,046
27.598
52.754
-52%
10%
May
112.803
72.833
111.365
-35%
-1%
June
129.493
109.976
102,115
-15%
-21%
July
131.935
105.631
109.09
-20%
-17%
August
126.768
104.658
101.593
-17%
-20%
Sept.
117.755
88.134
85.313
-25%
-28%
Oct,
96.734
72.864
73.465
-25%
-24%
Total
MG
772.534
581.694
645.695
-25%
-16%
ac-ft
2371
1785
1982
The City of Ukiah
Water Conservation Program
2009
The unpredictability of its water supplies and ever increasing demand on California's complex
water resources have resulted in a coordinated effort by the California Department of Water
Resources (DWR), water utilities, environmental organizations, and other Interested groups to
develop a list of urban water conservation demand management measures (DMM) for
conserving water. This consensus building effort resulted in a Memorandum of Understanding
(MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999,
among parties, which formalizes an agreement to Implement these DIVIMs and makes a
cooperative effort to reduce the consumption of California's water resources. The MOU is
administered by the California Urban Water Conservation Council (CUWCC). The DMMs as
defined In the MOU are generally recognized as standard definitions of water conservation
measures.
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 t. Mater survey programs for single-family residential and multi-family residential
connections.
The City tests customer meters upon request and instructs customers in how to use their water
meter to determine if there is a leak on the demand side of the meter. The City provides toilet
leak detection tablets to customers.
DMM 3, System water audits, leak detection, and repair.
The City performs leak detection and repair on an ongoing basis. The City, also, calculates
system water losses annually and reports this information to DWR.
DMM 4. Metering with commodity rates for all new connections and retrofit of existing
connections.
The City water distribution system is fully metered. The City is currently replacing old meters In
the system. The new meters will provide a more accurate reading of water use within the City.
The City recently went through a rate re-structuring that is believed will reduce water uses in the
future.
DMM 5. Large landscape conservation programs and incentives.
The City's Planning Department reviews all landscape plans proposed for new developments
Included in the City's Municipal Code is a requirement for all landscape planting to be "those
which grow well in Ukiah's climate without extensive irrigation." City staff reviews the water use
of its top 5 water users and holds meetings with therm on a regbiar basis to discuss landscape
conservation programs.
DMM 7. Public information programs.
The City believes public awareness of water conservation issues is an important factor in
ensuring a reliable water supply. The City promotes public awareness of water conservation
through occasional bill staffers, distribution of the Consumer Confitlence 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 webslte
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.
DMM 8. School education programs.
City staff presents information on water conservation to elementary school children in the
classroom. The City offers local schools tours of its water treatment plant and also provides
educational materials. Pour science classes on public water supply at the high school are
offered once a year.
DMM 9. Conservation programs for commercial, industrial, and institutional accounts.
The City has only two industrial customers: Maverick Industries and Red Tail Ale Brewery. The
City surveys the water usage of these Industries. Any new commercial, industrial, or institutional
developments will be reviewed by the City Planning Department and must meet all requirements
of the Municipal Code.
DMM 11. Conservation pricing.
In 2005, the City Increased and re-structured its water rates to encourage more conservatlon.
The City has simplified its rate structure by eliminating rate codes and classifying customers
according to their meter size. The new rate structure Incorporates the American Water Works
Association (AWWA) demand capacity guidelines so that price increases across meter size in
proportion to the potential demand a customer can place on the water system.
DMM 12. Conservation Coordinator.
The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing
water conservation program. The conservation coordinator is responsible for Implementing and
monitoring the City's water conservation activities. In practice, the City's water conservation
program includes the efforts of the Conservation Coordinator and all staff.
DMM 13. Water waste prohibition.
The City has adopted regulations that state in part: "Where negligent or wasteful use of water
exists on a 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 UI-FT 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.
Ii. Additional Water Conservation Measures
In addition to the DMMs, the City has also taken the following actions:
1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the
use of waterless urinals in all City facilities and in the public sector. The use of these
urinals has received very positive feedback from Facilities staff who would like to install
these in the Ukiah Valley Conference Center.
2. Cooperative water conservation programs have been developed between the City and
the Mendocino County Water Agency, the Russian River Public Water Agencies, and the
Sonoma County Water Agency.
3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The
Principles contain ideas for protecting and enhancing water quality, improving water
availability, making more efficient use of water, and conserving water as a scarce
resource. The Principles suggest a process for improving decision-making as it impacts
water-related issues. The City Council reviewed the Principles and determined the ideas
and suggestions promote the Council's stated goals.
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 Rescurces Control Board State
Revolving Fund to construct a recycled water system. The City's Wastewater Treatment Plant
Improvement Project is scheduled to be completed by June 2009. After the project is
completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer
and up to 7.5 MGD in the winter of Title 22 unrestricted use recycled water.
Other immediate and long-term conservation measures include:
® installation of waterless urinals and dual flush toilets in all City buildings (immediate)
® Sign the California Urban Water Conservation Council's Memorandum of Understanding
Regarding Urban Water Conservation and implement the 14 best management practices
(long term)
• Water efficiency standards for new single-family development (long term)
® Water-efficient landscaping (long terra)
Water waste ordinance prohibiting; (immediate)
1. gutter flooding
2. carwash fundraisers
3. non-recycling decorative water fountains
4. breaks or leans in the water delivery system
Incentives for Retrofits (long term)
1. low flow shower heads
2. toilet displacement devices
3, toilet flappers
4. faucet aerators
5. high efficiency washing machines
s. ultra-low flow toilets
city aJ'7Jkiah
ITEM NO.: 7f
MEETING DATE:
AGENDA SUMMARY REPORT
May 5, 2010
SUBJECT: REPORT TO COUNCIL OF THE EXPENDITURE OF $8,649.41 TO TIIGER,
INC. FOR THE PURCHASE OF A LOAD DECK AND A TRANSFORMER DOLLY FOR THE
ELECTRIC UTILITY DEPARTMENT. (EUD)
Discussion:
Pursuant to the requirements of Section 1522 of the Municipal Code, staff is submitting this report to the
City Council to report the purchase of a Load Deck and a Transformer Dolly from Tiiger, Inc.
The City of Ukiah owns facilities located in areas that are not accessible by utility equipment. These areas
include residential back and side yards. In these areas, materials are moved and installed by hand.
Historically, transformers and poles weighing up to 1,500 lbs. were moved using hand trucks that are not
designed or rated for this purpose. This load deck and transformer dolly is designed and rated to move
heavy items into areas not accessible by other equipment.
Ultimately, this equipment enables crews to work more efficiently speeding maintenance repairs and power
restoration.
Tiiger, Inc. is the only company found that can supply these items in a style that can accommodate the
weight rating required for poles and transformers. Tiiger, Inc. was awarded the bid with a total price of
$8,649.41 including freight and tax.
Fiscal Impact:
Not Applicable Budget Amendment Required
® Budgeted FY 09/10 1-1 New Appropriation F-1 F
Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested
$1,600,000 Dist. Underground Projects 800.3646.800.000
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:
Colin Murphey, Electric Supervisor, Mary Williamson, Purchasing Assistant
Coordinated with:
Mary Horger, Purchasing Supervisor
Attachments:
N/A
Approved:
Jan hambers, City Manager
SUBJECT: AWARD OF CONTRACT FOR THE WOOD POLE TESTING PROJECT TO
OSMOSE UTILITY SERVICES, INC. FOR THE TESTING OF APPROXIMATELY
1800 CITY OWNED WOOD POLES I THE AMOUNT OF $70,000.00.
Summary:
Staff is requesting the award of contract for the testing of approximately 1800 City owned wood utility poles to
Osmose Utility Services, Inc. in the amount of $70,000.00.
Discussion:
The City of Ukiah's Electric Utility Department currently maintains approximately 1,950 wood distribution poles.
In FY 00/01, the City contracted the testing of approximately 1000 wood poles. The pole testing consisted of a
visual inspection, core drilling to determine decay and an internal application of a preservative treatment. The
results of this testing provided a rating as to the condition of the poles and subsequent need for replacement.
The City Council approved the replacement of 150 wood poles in the FY08/09 budget. This work has been
completed on schedule and within budget.
Approximately half of the City's wood poles were tested in FY 00/01. Presently, the Electric Utility is proposing
system wide testing on all wood poles greater than 10 years old owned by the Department. It is estimated that
of the 1,950 existing poles, approximately 1700 to 1800 will require testing.
Data will be collected during the pole testing that will assist the Department in determining system needs and
aid in budget preparation.
While working in collaboration with other cities and districts, it was determined that Modesto Irrigation District
had executed an agreement with Osmose Utility Services, Inc. after seeking competitive bids. Upon further
review, it was determined that the contract was a suitable "piggyback" opportunity for the City of Ukiah. The
option to piggyback on another competitively bided contract provides a cost savings to City of Ukiah by not
performing the bidding and evaluating for these services.
After reviewing the scope of work and contract provided by Modesto Irrigation District, it is Staff's
recommendation to award the bid to Osmose Utility Services, Inc. in an amount of $70,000.00. If approved,
testing will begin in June with a six week projected schedule for completion. Funds are budgeted for FY 09/10
in account 800.3728.250.000.
This is one of the City's maintenance efforts to minimize customer outages and reduce pole failures.
Recommended Action(s):
Award contract for the Wood Pole Testing Project to Osmose Utility Services, Inc. in the amount of
$70,000.00.
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: Cindy Sauer, Contract Electrical Engineer
Coordinated with: Jane Chambers, City Manager; Mary Horger, Purchasing Supervisor
Attachments: Bid Tabulation
Approved:
Jan chambers, City Manager
Subject: Award Contract for Pole Testing Project
Meeting Date: May 5, 2010
Page 2 of 3
Fiscal Impact:
® Budgeted FY 09/10 F-1 New Appropriation
Amount Budgeted From Acct. Number
$70,000.00 800.3728.250.000
F] Not Applicable Budget Amendment Required
Account Name Add'I Funds Requested
Overhead Maintenance
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Item: 10a
Date: 5/5/10
April 25, 2010
Fellow Councilmembers,
In March of 2008, numerous residents of City of Ukiah mobilehome parks petitioned our City Council to
enact park rent stabilization. A month later, after hearing lengthy public comment, the majority of this Coun-
cil decided it had insufficient evidence to ask staff to draft an ordinance and, instead, moved to commission a
survey of park tenants to gain additional evidence.
On November 18, 2009, the City Council considered the results of that survey showing most respondents
on fixed incomes with rental payments comprising an inordinate percentage of those incomes.
Although discussions have taken place among tenants, park owners, and their representatives during the
past several years, only Council consideration of rent stabilization has inspired any interest in long term
leases.
Undoubtedly there will once again be a call for Council efforts to bring all parties together to gain
voluntary long term leases. However, without our ability to measure the fairness of such a lease against the
standards of a rent stabilization ordinance, park owners remain in a position to dictate the terms. And even if
such leases were relatively fair in their first term, without the existence of a City ordinance there is no way
that individual tenants will be seeking lease renewal on a level playing field. Having invested heavily in
purchasing homes which are far from mobile, park residents obviously approach the landlord without the
leverage of apartment tenants. If our response on this occasion is simply to assign a team to mediate, using
the Council bully pulpit and an occasional mention of an ordinance, we must expect that without Council's or
City staff's regular involvement down the road tenants will again end up with the perilously short end of the
stick.
The County of Sonoma and every city in that county implemented mobilehome park rent controls more
than a decade ago. I suggest we follow their lead and instruct our City Attorney to bring us a draft modeled
on the 1993 Santa Rosa ordinance, which has been revised numerous times since then to assure efficiency
and fairness for all concerned.
The ideals of the Golden Rule and the Declaration of Independence encourage decisive Council action in
defense of Ukiahans who have paid their dues and now need our help.
Phil Baldwin
Key elements of the Santa Rosa ordinance:
A. Standard Yearly Allowable Rent Increase with No Hearing Involved:
100% of % change in August Consumer Price Index but not to exceed 6%.
B. Fair Return Rent Increase
May be authorized by arbitrator if park owner provides evidence owner is being denied a fair
return by the operation of rent control.
C. As per State's Mobilehome Residency Law, excludes leases of 13 months or more.
D. Utilities (water, sewer, garbage cable, gas, electricity) total pass through.
E. Government Mandated Expenses may be passed through to the tenants
Full cost recovery pass through, unless objected to by majority of tenants, in which case
an arbitrator will make a determination.
F. Capital Improvement Pass Through
Full cost recovery pass through if majority of tenants agree to capital improvement, in which
case an arbitrator will make a determination.
G. Capital Replacement Pass Through
Full cost recovery pass through, unless objected to by majority of tenants, in which case
an arbitrator will make a determination.
H. Partial Vacancy Decontrol*
Rent may be increased to a level equal to the average of the three highest rentals then
currently being charged by the park owner for resident owner occupied spaces of comparable
size, location, and amenities in the park.
1. Full Vacancy Decontrol
1. Commercial company purchase and mobilehome replacement
2. Vacancy caused by lawful eviction or abandonment
J. Administrative Fee Cost Recovery
1. Park Owners pay bill sent by City and may pass through 50% prorated to all spaces in park.**
2. City will recoup all administrative costs at end of year and these will go to all parks equally.
3. Costs of arbitration hearings will be born by the affected park only.
* This language in H. is from the draft Lake County ordinance, not that of Santa Rosa.
Administrative fee in Santa Rosa for past year came to $4.78 total per space; fee is not apportioned for those
spaces covered by long term leases not covered by the ordinance regulations.
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HISTORY OF RANCHO DEL REY MONTHLY SPACE RENT
INCREASES IN CONTRAST WITH CPI & COLA (1990-2008)
1 2
YEAR
RENT
%
CPI
COLA
1990
$190.00
5.4%
4.7%
1991
$200.00
5.3%
4.3%
5.4%
1992
$210.00
5.0%
3.0%
3.7%
1993
$217.50
3.6%
3.0%
3.0%
1994
$218.50
0.5%
2.6%
2.6%
1995
$228.50
4.6%
2.8%
2.8%
1996
$237.50
3.9%
2.9%
2.6%
1997
$242.50
2.3%
2.3%
2.9%
1998
$242.50
0.0%
1.6%
2.1%
1999
$250.00
3.0010
2.2%
1.3%
2000
$265.00
6.0%
3.4%
2.5%
2001
$265.00
0.0%
2.8%
3.5%
2002
$275.00
3.8%
1.6%
2.6%
2003
$285.00
3.6%
2.3%
1.4%
2004
$300.00
5.3%*
2.7%
2.1%
2005
$320.00
6.7%
3.4%
2.7%
2006
$345.00
7.8%
3.2%
4.1%
2007
$355.00
2.9%
2.9%
3.3%
2008
$395.00
14.8%*
2.6%
2.3%
Note: Change of ownership. Before 2008 space rent included refuse. In
2008 refuse fee was removed from base space rent and charged with
sewer separately to mobilehome owners.
1 - CPI: (google.com)
2 - COLA: leahy.senate.gov/issues/socialsecurity/colalOl904.pdf
(google.com)
Mobile Home Park Rent Notes
Notes from a talk on March 3, 2010, with Marjorie Jackson, Santa Rosa City's Department of
Economic Development and Housing. She administers the City's Mobile home Rent Control
Program
The situation around mobile home park rents settled in over a period of time. Lots of cleanup
ta-
required in the early years, lots of revisions to the ordinance (see summary at http://ci.san
rosa.ca.us/doclib/Documents/SRcity MH-RentControl Summary 2010Febl.pdf.)
There were lots of public meetings, back and forth, and they established a mobile home park
board that handled a lot of the decisions and suggested changes for the Council. Board disbanded
in about 2000 - no need for it.
She said it clearly seems to work. CPI increase has been working well. A couple of requests for
higher than CPI but not many.
She characterized it as very process-driven. Detail-oriented. A program specialist (Ms Jackson
herself) handles it, along with other duties around affordable housing.
How much of her time does this take? Goes up and down, when it's big, it's really big, but often
nothing. About I/4 of her time.
Arbitration rarely necessary. Meet and confers solve most of it. Since last ordinance change in
2004 only 2 requests since then. But even those did not require significant use of the arbitrator.
Park owners v reluctant to go to arbitration, as they have to open their books to the public.
The admin fee (currently $4.78 per space per month) goes into the fund, pays for staff time.
Covers her time easily. Park owner pays it, passes half through to tenants.
At the time of implementation, it was determined that several parks were charging under market
value. New residents face higher charges, as park owners for those parks are allowed to increase
rents by 50$ or to maximum base rent, whichever is less. This also affects the rents of the other
tenants as the owner can calculate the CPI-determined increase on the higher rent. I hope I still
understand that tomorrow.
Mike Casey is the Santa Rosa city attorney assigned to this. I didn't talk to him.
Benj Thomas
Santa Rosa City Code
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Title..6_BUSINESS TAXES, LICENSES ANd._REGULATIONS
Chapter 6-66 RENT CONTROL- OSILEHOMES
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* Prior ordinance history: 3072, 3213, 3219, 3243, 32559'3281, 3360, 3376, 3469, 3480, 3491, 3540.
6-66.010 Findings and purpose.
(A) The State of California has recognized, by the adoption of special legislation regulating tenancies of mobilehome owners
in mobilehome parks, that there is a significant distinction between homeowners in mobilehome parks and other dwelling units,
and the State likewise has recognized that homeowners in mobilehome parks, unlike apartment tenants or residents of other rental
stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased as
distinguished from owned.
The physical removal and relocation of a mobilehome from a rented or leased space within a mobilehome park can be
accomplished only at substantial cost and inconvenience with a limited concurrent ability to find another location and, in many
instances, the removal requires a separation of the mobilehome unit from appurtenances which have been made permanent, thus
creating severe damage and depreciation in value to the mobilehome.
As a result of the absence of vacant spaces that are not new, it is virtually impossible for mobilehome owners to move their
mobilehomes from one park to another within the City.
(B) There is presently within the City and the surrounding areas a shortage of sites for the placement of mobilehomes.
(C) Mobilehomes presently constitute an important source of housing for persons of low and moderate income, who as a
group are unable to afford unreasonably large rent increases.
(D) A large number of persons living in mobilehomes are elderly, some of whom live on small fixed incomes. These persons
may expend a substantial portion of their income on rent and may not be able to afford other housing within the City.
(E) There is an extremely low vacancy rate in mobilehome parks within the City, with no sites presently available in some or
all of the mobilehome parks. This condition enables owners to impose unreasonably large rent increases.
(F) Rents for sites within mobilehome parks have, prior to the adoption of rent control, increased substantially within the
City and other areas of the State. In some mobilehome parks, rent increases in the five years prior to 1993 were substantially in
excess of the increases in the Consumer Price Index.
(G) Mobilehome owners residing in mobilehome parks have very limited mobility because it is difficult and costly to move
mobilehomes; such mobilehome owners may be forced to accept and pay unreasonably increased rents.
(H) Studies and hearings have shown that there is presently, within the City and surrounding areas, a shortage of spaces for
the location of mobilehomes, resulting in an extremely low vacancy rate. Space rent increases at the time of sale or other transfer
of a mobilehome within a park have been shown to be substantially over the pre-transfer rent. Such large rent increases at the
time of sale of a mobilehome may unfairly depress the sales price of the mobilehome and work an economic hardship on the
mobilehome owner. The annual rent increases and vacancy control provisions of this chapter prevent this economic hardship
while protecting the property rights of owners.
(I) . Rapidly rising and large incremental increases in space rent prior to rent control resulted in an atypical market depression
in the resale value of mobilehomes within the City.
(J) Because of the space shortage and potential for rapidly rising rents, regulation is necessary to assure that economic
hardship to a substantial number of mobilehome owners in the City, many of whom are senior citizens on low fixed incomes,
does not occur.
(K) It is the purpose of this chapter to establish a speedy and efficient method of reviewing certain requested mobilehome
space rent increases in mobilehome parks to protect mobilehome owners from arbitrary, capricious or unreasonable site rent
adjustments while insuring owners and/or operators and investors a fair and reasonable return. It is not the purpose of this chapter
to preserve affordable housing, but rather to allow reasonable annual rent increases which protect mobilehome owners while
providing a fair return to owners. (Ord. 3648 § 1 (part), 2004) .
6-66.020 Definitions.
For the purpose of this chapter, the following words, terms and phrases shall be defined as follows:
(A) "Affected mobilehome owners" means those mobilehome owners whose space is not covered by a valid lease meeting
the requirements of section 798.17(b) of the California Civil Code or otherwise legally exempt from local rent control regulation.
(B) "Arbitrator" means a person who is neither a mobilehome owner nor has an interest in a mobilehome park of a nature
that would require disqualification under the provisions of the Political Reform Act if the person were a designated City
employee, has experience in analysis of financial records, and meets one of the following criteria:
(1) Licensed attorney or CPA who has completed a formal course of training on arbitration;
(2) Membership in the American Arbitration Association with expertise in rental dispute arbitration; or
(3) Service as a California judge.
(C) "Capital improvement" means those improvements which directly and primarily benefit and serve the existing
mobilehome owners by materially adding to the value of the park or adapting it to new uses, and which are required to be
amortized over the useful life of the improvements pursuant to the provision of the Internal Revenue Code. "Capital
improvement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital
improvements and shall include debt service costs, if any, incurred as a direct result of the capital improvement. Capital
improvement does not include ordinary maintenance or repairs.
(D) "Capital replacement" means a capital expenditure as defined by the Internal Revenue Code which replaces. an existing
improvement. For example, an asphalt overlay of an existing roadway or parking lot is a capital replacement, a slurry seal of an
existing roadway or parking lot is not.
(E) "City" means the City of Santa Rosa, California.
(F) "Clerk" means Clerk of the Santa Rosa Mobilehome Rent Control Program, who shall be the Director of Housing and
Redevelopment or his/her designee.
(G) "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers in the San
Francisco/Oakland/San Jose area published by the Bureau of Labor Statistics.
(H) "Department" means the Department of Housing and Redevelopment of the City of Santa Rosa.
(I) "MRL" means the California Mobilehome Residency Law."
(J) "Mobilehome" means a structure, designed for human habitation and for being moved on a street or highway under
permit pursuant to California Vehicle Code section 35790, including a trailer or recreational vehicle, as defined in California
Civil Code section 798.3 as it may be amended from time to time.
(K) "Mobilehome park" or "park" means any area of land within the City of Santa Rosa where two or more mobilehome
spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
(L) "Mobilehome space" means the site within a mobilehome park intended, designed or used for the location or
accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction
therewith.
(M) "Mobilehome owner" means a person who is the owner of a mobilehome and legally occupies the mobilehome within a
mobilehome park.
(N) "Owner" means the owner or operator of a mobilehome park or an agent or representative authorized to act on said
owner's or operator's behalf in connection with the maintenance or operation of such park.
(O) "Party" as used in this chapter refers to any affected mobilehome owner and/or owner involved in proceedings under this
chapter.
(P) "Prospective mobilehome owner" means a person who is in the process of negotiating a tenancy in a.mobilehome park.
(Q) "Rent" means the consideration paid for the use or occupancy of a mobilehome space.
(R.) "Rent stabilization administration fee" means the fee established from time to time by resolution of the City Council in
accordance with the provisions of the ordinance.
(S) "Rent increase" means any increase in base rent charged by an owner to a mobilehome owner or offered to a prospective
mobilehome owner. (Ord. 3648 § 1 (part), 2004)
6-66.030 Base rent. _
Except as provided in this chapter, an owner shall not demand, accept or retain rent for a mobilehome space exceeding the
base rent which shall be the rent in effect for that space on September 1, 1993. If a previously rented mobilehome space was not
rented on September 1, 1993, the base rent shall not exceed the rent in effect during the last month the space was rented prior to
,September 1, 1993, except as provided in this chapter. For a mobilehome. space first rented after September 1, 1993, the owner
shall establish the base rent. For parks annexed into the City after September 17, 1993, the base rent shall be the rent charged on
the date of a park's annexation. into the City. (Ord. 3648 § 1 (part), 2004)
6-66.040 Consumer Price Index, utilities and other pass throughs.
(A) Consumer Price Index. An owner, once in any 12-month period, may impose a rent increase for a mobilehome space by
100 percent of the percentage increase, if any, in the Consumer Price Index (CPI) during the most recent 12-month period ending
in August; provided, however, the rental increase shall not exceed sixpercent of the previous rent charged, for the space. If an
owner has obtained a rent increase under subsection 6-66.050(B), the owner may calculate the rent increase allowed by this
subsection based upon the approved comparable rent as allowed in subsection 6-66.050(B) instead of upon the actual rent in
effect at the time of the increase.
(B) If the change in the CFI exceeds six percent for two consecutive years, the Clerk shall review the maximum rent increase
and recommend an ordinance amendment if appropriate.
(C) Government Mandated Expense Pass Through. An owner may pass through to affected mobilehome owners any new or
increase in government mandated capital expenditures and operating expenses including taxes (other than the two percent annual
increase authorized by California Constitution Article XIIIA, section 2(b)) and assessments, fees and mandated expenses due to
code changes subject to the following procedure:
(1) Upon a petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or 50
spaces, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of a government mandated
expense pass through to every affected mobilehome owner, the Arbitrator may disallow or decrease the proposed pass through
based upon substantial evidence in the record that the pass through is not legally proper, or excessive, or that during the pass
through period the owner is including an unreasonably high financing cost and/or return on the expense being passed through.
(D) Utilities. An owner may separately pass through to a mobilehome owner charges for all utilities, including, but not
limited to, sewer, water, garbage, cable T.V., gas and electricity, and any increases in such charges (except water, gas and electric.
utilities which are not separately metered shall not be passed through, but may be charged as additional rent). Notwithstanding
any provision to the contrary in this section, the owner shall not pass through any charge or expense for gas or electric service to
the extent prohibited by section 739.5 of the California Public Utilities Code.
(E) Capital Improvement Pass Through. An owner may charge to the affected mobilehome owner as additional rent the pro
rata share of new service and capital improvement costs including reasonable financing costs if, prior to initiating the service or
incurring the capital improvement cost, the owner has:
(1) Consulted with the mobilehome owners prior to initiating construction of the improvements or initiating the new service
regarding the nature and purpose of the improvements or services and the estimated cost of the improvements or services;
(2) Obtained the prior written consent of at least one adult mobilehome owner in each of a majority of the mobilehome
spaces which are occupied by the mobilehome owner to the proposed service or capital improvement. Each space shall have only
one vote.
(F) Capital Replacement Pass Through. Notwithstanding the provision of subsection E of this section, an owner may charge
to the mobilehome owner as additional rent the pro rata share of capital replacement costs including reasonable financing costs, if
not otherwise prohibited by law, subject to the following procedure:
(1) The owner may seek advance approval for the proposed pass through, before undertaking the capital project, by
following the procedures set forth in Sections 6-66.100 to 6-66.120. If the increase is approved by the Arbitrator, it shall not be
effective until the next regularly scheduled annual rent increase date, provided that the 90-day notice is issued, the expense is
actually incurred and that proper verification is submitted. This verification shall include, at a minimum, proof of actual costs and
payment to vendor. In the event that the actual cost of the capital expense is less than the approved amount, the increase shall be
adjusted to reflect this decreased amount;
(2) The owner shall give notice of the proposed pass through to each affected mobilehome owner no later than 12 months
after completion of the capital replacement work;
(3) Upon a petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or 50
spaces subject to rent control, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of the
pass through to every affected mobilehome owner, the Arbitrator may disallow or decrease the pass through for capital
replacements based upon substantial evidence in the record that the capital replacement was not necessary, or that the cost of the
capital replacement was excessive, or that during the pass through period, the owner is including an unreasonably high financing
cost and/or return on the expense being passed through. The owner shall have the burden of proving the necessity for and
reasonable cost of the capital replacements. In determining whether the owner has met its burden of proving the necessity for and
reasonable cost of the capital replacement, the Arbitrator may consider, among other factors, the reasonableness of the owner's
history of maintenance of the property or improvement to be replaced. The Arbitrator's review will include, but not necessarily
be limited to, the records reflecting past maintenance work and the cost.
(G) All charges passed through by the owner to the mobilehome owners pursuant to subsection C and D of this: section and
additional rent charged pursuant to subsections E and F of this section must be separate from the base rent and listed separately.
All billings used to calculate a pass through or additional rent to mobilehome owners must be disclosed within a reasonable time
upon request bya mobilehome owner.
(ID Notice. A written notice of each rent increase or new or increased capital improvement or capital replacement pass
through charge made under the.provisions of this section shall be filed by the owner with the Clerk, and provided to each affected
mobilehome owner, at least 90 days before the rent increase goes into effect or as required by the MRL. The notice shall identify
the park and shall specify the dollar amount of the increase, the percentage of the increase, an itemization of all new or increased
pass throughs and additional rent charges, the specific space affected, the date the increase will go into effect, how each increase
was calculated, and the date the rent on each affected space was last increased. The notice shall also advise each affected
mobilehome owner of any right to petition for review of a proposed rent increase and that a petition form may be requested from
the Clerk. (Ord. 3648 § 1 (part), 2004)
6-66.050 In-place transfer rent increases--Establishment of new base rent,
(A) Whenever either of the following events occurs, an owner shall be permitted to charge a new base rent for the
mobilehome space as provided in this section:
(1) The termination of the tenancy of the affected mobilehome owner in accordance with the MRL (California Civil Code
sections 798.55 through 798.60, as amended, excepting section 798.59); or
(2) The voluntary permanent removal of a mobilehome by a mobilehome owner. A removal of the mobilehome from the
space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the
mobilehome shall not constitute a voluntary removal of the mobilehome.
(B) An owner who applied for, in 1995, and received approval for a base rent increase upon an in-place transfer of ownership
of a mobilehome, may implement a maximum of two increases on the same space. Each increase shall be the lesser of $50.00 per
month or the approved base rent as adjusted each year by 100 percent of the August CPI. The parks affected by this provision are
Coddingtown Mobile Estates, Journey's End, The Orchard, Rancho Cabeza, Rancho San Miguel, Rincon Valley, Santa Rosa
Village and Wooderest.
(C) An owner may not condition an in-place transfer of a mobilehome or condition assignment of an existing lease to a
prospective mobilehome owner, upon agreement to an increased rent in anticipation of the in-place transfer. This subsection shall
not apply to specific conditions included in a lease exempt from rent control which allows an owner to condition assignment in a
manner prohibited by this section. For purposes of this subsection, "a lease exempt from rent control" means a lease meeting, in
all respects, the criteria of subdivision (b) of the MRL, California Civil Code section 798.17, as such criteria are presently
enacted or may hereafter be amended. (Ord. 3648 § 1 (part), 2004)
6-66.060 Fair return rent increases.
If an owner presents evidence to the Arbitrator, including any financial records requested by the Arbitrator, which proves that the
owner is denied a fair return by the rent control provisions of this chapter, the Arbitrator may authorize an increase in rents as
deemed appropriate by the Arbitrator to provide a fair return to the owner. The Arbitrator shall use the method set forth in
subsection 6-66.120(C) to determine the fair return. (Ord. 3648 § 1 (part), 2004)
6-66.070 Rent freeze or rent rollback.
(A) Upon the petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or
50 spaces subject to rent control, whichever is less, the Arbitrator may prohibit future rent increases for spaces governed by this
chapter, upon its determination that maintenance by the owner has been substantially reduced. The determination shall be based
upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that maintenance by
the owner has been restored to a reasonable level.
(B) Upon petition by one or more affected mobilehome owners, an Arbitrator may prohibit future rent increases, or order a
rollback of the existing rent as to those petitioners, upon its determination that after September 1, 1993, an owner instituted a rent
increase inconsistent with the criteria established by this chapter. The determination shall be based upon substantial evidence in
the record. The prohibition may be continued until the Arbitrator determines that the rent has become consistent with this
chapter. (Ord. 3648 § 1 (part), 2004)
6-66.080 Time of allowed rent increase/adjustment.
(A) Once within a 12-month period, the owner may implement a CPI rent adjustment (subsection 6-66.040(A)), if any, or a
fair return increase (Section 6-66.060), but not both.
(B) A capital replacement pass through subsection 6-66.040(F) may only be implemented on the effective date of the CPI or
fair return rent adjustment.
(C) The following increases or adjustments may be implemented at any time during the year:
(1) Government mandated expense pass through (subsection 6-66.040(C));
(2) Utility pass throughs (subsection 6-66.040(D));
(3) Capital improvements (subsection 6-66.040(E));
(4) In-place transfer rent increases (Section 6-66.050).
Any increases subject to arbitration shall be implemented after the,final ruling of the arbitration.
(D) Rent freeze and rent rollbacks shall be implemented at the time they are ordered (Section 6-66.070). (Ord. 3648 § 1
(part), 2004)
6-66.090 Arbitration.
(A) Matters Subject to Arbitration.
(1) An owner shall file with the Clerk:
(a) An application seeking to increase space rents beyond 100 percent of the CPI to provide a fair return to the owner as
allowed by Section 6-66.060.
(2) Affected mobilehome owners may file with the Clerk:
(a) A petition objecting to a government mandated expense pass through as allowed by subsection 6-66.040(C);
(b) A petition objecting to a capital replacement pass through as allowed by subsection 6-66.040(F);
(c) A petition for rent freeze as allowed by subsection 6-66.070(A);
(d) A petition for rent rollback as allowed by subsection 6-66.070(B).
(B) These petitions and applications shall be decided by the Arbitrator.
(C) Cost of Arbitration. The cost of arbitration shall be paid by the Clerk out of revenue from the rent stabilization
administration fee. The Arbitrator may reimburse the City by assessing the cost of the arbitration to either party if the Arbitrator
determines that the position taken by the party is frivolous. (Ord. 3648 § 1 (part), 2004)
6-66.100 Procedures for fair return notice and application and petition forms.
(A) Notice. At least 10 days prior to submission of a fair return application or a petition to the Clerk, the applicant or
petitioner shall mail a notice and a copy of the application or petition to the owner and each affected mobilehome owner in the
park. The notice shall be on a form specified by the Clerk. The supporting documents for the application or petition shall be
available for review at the park's office. One copy of the supporting documents shall be provided by the applicant or petitioner at
no cost to the other party. All fair return notices shall include the following information:
(1) The amount of the rent increase both in dollars and as a percentage of the existing rent, how it was calculated, an
itemization of all pass throughs and additional rent charges, information that explains and supports the level of increase proposed
including, at a minimum, a summary of the owner's net operating income for the base year and the preceding 24 months and
other relevant information that supports the level of rent increase desired, the effective date of the increase and that copies of the
supporting documents shall be provided by the owner at no cost to the mobilehome owners' representative and be available to the
mobilehome owners at the park's office for inspection;
(2) The name, address and telephone number of the Clerk or designee, a statement to inform the mobilehome owners to
contact the Clerk or designee for an explanation of the provisions of this chapter, and that a roster of affected mobilehome
owners can be requested from the Clerk; and
(3) A copy of the official petition form which is to be used for the process established by this chapter.
(B) Application/Petition Forms. The application or petition shall be filed with the Clerk on the form prescribed by the Clerk
and must be accompanied by all supporting material necessary to support the request. The application and petition shall contain
the following declaration: "I declare under penalty of perjury that the foregoing is true and correct." The application shall be
dated and subscribed by the applicant(s) and shall state the place of execution.
(1) Within five working days of receipt, the Clerk shall complete a preliminary review of the application or petition.
Applications or petitions which are incomplete will not be considered properly filed.
(2) No further action shall take place on applications or petitions which are not properly filed, and the Clerk may decline to
accept such application and/or return them to the petitioner immediately after the preliminary review with a notice of the defects.
(3) When the Clerk determines that the application or petition is complete, the Clerk shall send a written notice of
confirmation of receipt of a completed application or petition to the parties.
(4) In capital replacement proceedings and in government mandated capital expenditure and operating expense proceedings,
affected mobilehome owners shall have 30 calendar days after receipt of the confirmation of the completed application to file
with the Clerk a petition objecting to the rent increase signed by one adult in at least 50 percent of the mobilehome spaces subject
to rent control.
(C) Insufficient Objection-Capital Replacement or Government-Mandated Pass Through Proceeding-Clerk Action. If less
than the required number of affected mobilehome owners object to a proposed capital replacement or government-mandated pass
through, or if objection is withdrawn, including any amendments, before or after the meet and confer process, the Clerk shall
approve the requested pass through. (Ord. 3648 § 1 (part), 2004)
6-66.110 Procedure for meet and confer.
Within 10 working days of the date of the Clerk's notice of a completed application or petition and prior to assignment of an
Arbitrator, affected mobilehome owners and owners shall meet and confer with each other's representatives. The time, place and
date of the meeting shall be agreed to by the parties or, if the parties cannot agree, determined by the Clerk. Written notice of the
scheduled meeting shall be given by the applicant or petitioner. At the meeting, representatives of the parties shall exchange
documentary evidence that the parties, in good faith then know, will be used to support their respective positions in an arbitration
and discuss the issues in dispute. In the case of an owner, all financial data upon which any proposed increase is claimed shall be
supplied to affected' mobilehome owner representatives at the time of the meet and confer meeting. The parties may request that
the Clerk provide a mediator, at no cost to the parties, to assist with the meet and confer process. The Arbitrator may deny an
application based on the applicant's failure to participate in good faith in the meet and confer process. (Ord. 3648 § 1 (part),
2004)
6-66.120 Procedures for arbitration.
(A) The Clerk shall give written notice to the applicant or petitioners and mobilehome owner representative that the
application/petition has been referred to arbitration.
(1) An Arbitrator shall be appointed in the following manner:
(a) The Clerk shall maintain a list of qualified arbitrators.
(b) Assignment of Arbitrator and Hearing Date. The Clerk shall choose three possible Arbitrators and present them to the
residents' representative and the owner. Within five days each party may challenge one candidate. The one remaining shall be the
selected Arbitrator. If both parties challenge the same candidate, the Clerk shall choose between the two remaining candidates.
The Clerk shall set a date for the arbitration hearing no sooner than 21 or no later than 30 working days after the Arbitrator is
assigned. The owner and affected mobilehome owners shall be notified immediately in writing by the Clerk of the date, time and
'place of the hearing and this notice shall be served either in person or by ordinary mail. The parties may agree, in writing, to
extend these times. The Arbitrator may extend the date for the arbitration hearing upon a showing of good cause.
(2) The Arbitrator shall conduct a hearing with the parties and/or their representatives. During this hearing process, the
concerns of each party shall be discussed and the Arbitrator shall indicate the amount and nature of information needed from any
party in order to reach a determination. In fair return proceedings in Section 6-66.060, this shall include four years of the income
and expense portion of the general ledgers for the park. All information submitted shall be in writing and shall be certified in the
same manner as set forth in subsection 6-66.100(B).The applicant shall have the burden of proof unless other sections of this
chapter specify otherwise. Each party shall comply with the Arbitrator's request for information within five working days of the
request. Additional information provided to the Arbitrator shall be immediately available to the owner or affected mobilehome
owner representative which will have five working days to give written comment to the Arbitrator. The Arbitrator may proceed
under this part regardless of whether any party defaults in providing any of the requested information.
(B) Arbitration Determination.
(1) Within 21 days of the hearing, but no later than 90 days from the date of the owner's rent increase notice, the Arbitrator
shall deliver his or her decision on the application or petition and a bill for services to the Clerk.
(2) The rent increase in a fair return proceeding shall not exceed the increase requested in the application.
(3) The Clerk shall provide the result of the Arbitrator's decision to the affected parties.
(4) The Arbitrator's decisions are final and not appealable to the City Council.
(C) Method to Determine a Fair Return.
(1) The base year for the purpose of this section shall be the last full fiscal year prior to the park becoming subject to this
chapter. The Arbitrator may establish an alternative base year if the owner is unable to produce records of the last full fiscal year
prior to the park becoming subject to rent control.
(2) It shall be presumed that the net operating income produced by the property during the base year provided a fair return.
An owner shall be entitled to rents to earn a just and reasonable return and to maintain and increase their base year net operating
income in accordance with subsection (C)(4) of this section. This method is called maintenance of net operating income (MNOI)
and shall be included in all applications.
(3) The applicant or the affected mobilehome owners may present evidence to rebut the presumption of fair and reasonable
return based upon the base year net operating income. To make such a determination and in order to adjust to the base year net
operating income, the Arbitrator must make the following finding:
(a) The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other
years. In such instances, adjustments may be made in calculating such expenses so that the base year operating expenses reflect
average expenses for the property over a reasonable period of time. In considering whether the base year net operating income
yielded more or less than a fair net operating income, the Arbitrator shall consider the following factors:
(i) Substantial repairs were made due to damage caused by uninsured disaster or vandalism;
(ii) Maintenance and repairs were below accepted standards so-as to cause significant deterioration of housing services;
(iii) Other expenses were unreasonably high or low notwithstanding prudent business practice; and
(iv) The rent in the base year was disproportionately low due to the fact that it was not established in an arms-length
transaction or other peculiar circumstances.
(4) Fair Net Operating Income. The Arbitrator shall submit a determination based on rental income which will provide the
owner a net operating income which shall be increased by 100 percent of the percentage increase in the CPI over the base year's
CPI index. The base year CPI shall be the CFI for the first day of June. For purposes of this section, the current CPI shall be the
CPI last reported as of the date of the completed application.
(5) Net operating income of a mobilehome park means the gross income of the park less the operating expenses of the park.
(6) Gross income means the sum of the following:
(a) Gross space rents computed as gross space rental income at 100 percent occupancy (but excluding rent attributed to a
space. occupied by a park employee who receives the space rent free as part of the employee's compensation); plus
(b) Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually
rendered; plus
(c) All other pass through revenue received from mobilehome owners except capital pass throughs and gas and electric;
minus
(d) Uncollected space rents due to vacancy and bad debts to the extent that the same are beyond the owner's control. There is
a rebuttable presumption that uncollected space rents in excess of the average of the current and past three years uncollected rents
(each year's rent shall be adjusted by the change in the CPI between that year and the final year of the four-year period) are
excessive and shall not be deducted from gross income.
(7) Operating expenses means:
(a) Real property taxes and assessment;
(b) Advertising costs;
(c) Management and administrative expenses including the compensation of administrative personnel;
(d) Repair and maintenance expenses for the grounds and common facilities including, but not limited to, landscaping,
cleaning and repair of equipment and facilities;
.(e) In addition to the management expenses listed above, where the owner performs onsite managerial or maintenance
services which are uncompensated, the owner may include the reasonable value of such services. Owner-performed labor shall be
limited to five percent of gross income unless the Arbitrator finds that such a limitation would be substantially unfair in a given
case. No credit for such services shall be authorized unless an owner documents the hours utilized in performing such services
and the nature of the services provided;
{f) Operating supplies such as janitorial supplies, gardening supplies, stationery and so forth;
(g) Insurance premiums related to operation of the park prorated over the life of the policy;
(h) Payroll taxes, business, utility, license and permit fees;
(i) Dues;
0) Consultant services for park operation and maintenance;
(k) All operating expenses must be reasonable and necessary. Whenever a particular expense exceeds the normal industry or
other comparable standard, the owner shall bear the burden of proving the reasonableness of the expense. To the extent that an
Arbitrator finds any expense to be unreasonable, the Arbitrator shall adjust the expense to reflect, the normal industry or other
comparable standard;
. (1) There is a rebuttable presumption that expenditures in the current year are unreasonable to the extent that they
substantially exceed the average of the current and past three years (each year's expenses shall be adjusted by the change in the
CPI between that year and the final year of the four-year period);
(m) Operating expenses shall not include the following:
(i) Mortgage debt service expenses;
(ii) Land-lease expenses;
(iii) Depreciation;
(iv) Income taxes;
(v) Electric and gas expenses included in Section 739.5 of the California Public Utility Codes;
(vi) The cost of government mandated expenses (subsection 6-66.040(C)), capital improvements (subsection 6-66.040(D)), or
capital replacements (subsection 6-66.040(F)).
(8) Notwithstanding any other provisions of the ordinance codified in this chapter, the Arbitrator is authorized to approve
any rent increase that is constitutionally required by law to yield a fair return.
(E) Subpoenas. The parties may obtain the issuance and service of a subpoena for the attendance of witnesses or the
production of other evidence at the arbitration hearing. Subpoenas shall be issued and attested by the Clerk. Issuance of the
subpoena must be obtained upon the filing with the Clerk of the City of an affidavit or declaration, under oath, setting forth the
name and address of the proposed witness; specifying the exact things to be produced and the relevancy to the issues involved;
and stating that the witness has the desired things in his/her possession or under his/her control.
Service of the subpoena on a witness to attend arbitration must be at least five working days before the hearing. Service of a
subpoena duces tecum must be at least 21 days before the hearing. Any party served with a subpoena duces tecum must produce
copies of the requested items to the subpoening party no later than 10 days before the hearing.
A subpoena need not be issued when the affidavit or declaration is defective in any particular. No arbitration hearing may be
continued due to the failure to file a timely request, or to timely serve a subpoena. Any person who refuses, without lawful
excuse, to attend the arbitration or to produce relevant evidence as required by a subpoena served upon that person shall be guilty
of a .misdemeanor.
No subpoena shall issue until after the parties have met and conferred as required in Section 6-66.110.
(F) Increases for Capital Expense. Increases attributed to a capital expense, as approved by the Arbitrator to provide a park
with a fair return, shall not be included in base rent. These increases must be separately itemized on the monthly rent invoice and
terminate at the end of the approved amortized period. Advance approval and effective date of the increase shall be as allowed in
subsection 6-66.040(F)(1).
(G) Rent Increase Effective Date. Rent increases approved by the Arbitrator, as determined necessary to provide an owner
with a fair return, shall be allowed upon the effective date given by the applicant in the notice to the affected mobilehome
owners, required in section 798.30 of the California Civil Code. (Ord. 3648 § 1 (part), 2004)
6-66.130 Refusal of mobilehome owner to pay illegal rent.
An affected mobilehome owner may refuse to pay any rent in excess. of the maximum rent permitted by this chapter. The fact
that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a
mobilehome space for nonpayment of rent or to collect the illegal rent. (Ord. 3648 § 1 (part), 2004)
6-66.140 Disclosures.
An owner shall disclose to each prospective mobilehome owner the current and proposed base rent for the mobiiehome space
and the rental agreement options required by this section and Section 6-66.150, provided each prospective mobilehome owner
with a copy of this chapter, and disclose to the prospective mobilehome owner that if the prospective mobilehome owner signs a
lease with a term of more than one year, that lease will be exempt from rent control. The owner shall give the required disclosure
and provide a copy of this chapter to the prospective mobilehome owner at the time that the owner, or owner's representative,
receives the prospective mobilehome owner's application for tenancy. The required disclosures shall be made in a form approved
by the Clerk, and the owner shall obtain a signature of the prospective mobilehome owner on the disclosure form acknowledging
receipt of the disclosures. An owner must retain the signed disclosure form throughout the entire tenancy of the mobilehome
owner. This signed form shall be made available to the Clerk upon reasonable written notice. (Ord. 3648 § 1 (part), 2004)
6-66.150 Prospective mobiiehome owner-Tenant 12 months or less.
All prospective mobilehome owners shall be offered the option of a tenancy of 12 months or less upon terms consistent with
the provisions of the ordinance codified in this chapter. This section shall not apply to prevent a mutually agreed upon
assignment between an owner and an existing mobilehome owner of an existing lease, provided any such assignment does not
violate subsection 6-66.050(C). (Ord. 3648 § 1 (part), 2004)
6-66.160 Rent stabilization administration fees.
The costs of administration of this chapter shall be paid by the imposition of an annual rent stabilization administration fee
established by resolution of the City Council. The fee is chargeable against the total number of mobilehome spaces in the City
subject to rent control determined on a date certain each year to be established by the City Council. The owner who pays these
fees may pass through to the mobilehome owners, subject to rent control on the date established by the City Council, 50 percent
of the fees assessed against a mobilehome space. The fee shall be due on a date established by the City Council but may be paid
in quarterly installments by the owners. Owners of parks annexed to the City after September 17, 1993, shall be charged the fee
established by resolution beginning on the effective date of the annexation. (Ord. 3648 § 1 (part), 2004)
6-66.170 Amendment.
Any amendment to this chapter shall require a prior public hearing before the City Council with notice thereof published in a
newspaper of general circulation in the City at least 10 days prior to the hearing. (Ord. 3648 § 1 (part), 2004)
6-66.180 Violation.
Every person who violates any provision of this chapter is guilty of a misdemeanor and shall be subject to the provisions of
Section 1-28.010 of this code. This section shall not apply to the Arbitrator or officers or employees of the City. (Ord. 3648 § 1
(part), 2004)
tom
CITY c:,'~JODESTO
ORDINANCE NO. 3451-C.S.
AN ORDINANCE ADDING CHAPTER 19 ENTITLED "MOBILEHOME
RENT STABILIZATION PROGRAM" TO TITLE 4 OF THE MODESTO
MUNICIPAL CODE.
Pursuant to this Ordinance, The City of Modesto is required to post the amount of
the annual rent increase per Section 4-19.07 AUTOMATIC ANNUAL
INCREASES BASED ON INCREASES IN THE CONSUMER PRICE INDEX.
(a) Rent Increases in 2007. On or after August 31, 2008, the rent may be
increased to an amount equal to the rent in effect as of April 30, 2007
adjusted by one hundred percent (100%) of the increase in the percentage
increase in the Consumer Price Index (CPI), since April 30, 2007. For the
purposes of this subsection, the increase in the CPI shall be equal to the
percentage increase between the CPI last reported as of January 1, 2008
and the CPI last reported as of July 30, 2008.
(b) Rent Increases in 2008 and Subsequent Years. On or after August 31 st of
each year, the rent may be increased to an amount equal to the rent in
effect on February 1 st of the prior year adjusted by one hundred percent
(100%) of the increase in the percentage increase in the CPI last reported
as of August 31 in the year before the prior year and the CPI last reported
as of August 31 of the prior year.
(c) Calculation of the Percentage Increase in the CPI. The amount of the
increase shall be rounded to nearest one-quarter of one percent.
Per this ordinance the annual rent increase based on the CPI has been
calculated at a rate of 2.75%.
T_..
Department of Planning & Community Development
Mobile Park Tenant Survey Information
November 2009
ITEM NO.:
MEETING DATE:
May 5, 2010
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF CONTRACT AMENDMENT WITH LEONARD CHARLES AND
ASSOCIATES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE UKIAH WATER RIGHTS PERMIT AMENDMENT PROJECT
SUMMARY: In April, 2005, the City Council approved a consultant services contract with
Leonard Charles and Associates to prepare an Environmental Impact Report (EIR) for the City's
Water Rights Permit Amendment application filed with the State Water, Resources Control
Board. After Leonard Charles and Associates conducted a public scoping session and began
preparing the EIR, it was determined that the scope of the project needed to be modified.
Accordingly, work on the EIR halted until the scope of the project could be revised and the
associated mapping could be prepared, the permit filed with the State amended, and a revised
bid for the EIR prepared and submitted.
The scope of project has been revised, and the permit application filed with the State has been
amended to reflect the revisions. The City has also received a revised bid proposal from
Leonard Charles and Associates to prepare the EIR. The cost has increased due to the need
for significant additional analysis as a result of the revised scope of work and other factors. This
Agenda Item is seeking City Council approval of an amended contract with Leonard Charles
and Associates to prepare the EIR.
Continued on Page 2
Recommended Action(s): Approve the amended contract with Leonard Charles and
Associates.
Alternative Council Option(s): Do not approve the amended contract and provide direction to
Staff
Citizens advised NIA
Requested by: Charley Stump, Director of Planning and Community Development
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Jane Chambers, City Manager, David Rapport, City Attorney, Tim Eriksen,
Public Works Director, and Gordon Elton, Finance Director
Attachments: 1. Amended Contract with revised Bid Proposal from Leonard Charles and
Associates
2. Wagner & Bonsignore Letter to the State Water Resources Control Board,
dated February 19, 2009
APP r
roved:
Jan hambers, City Manager
11
Scope of Work: The Environmental Impact Report will evaluate the potential environmental
impacts associated with the petitions filed by the City to amend its water rights permit. The
proposed permit amendments include petitions for extension of time, a change in point of
diversion, and a change in place of use.
Time Extension
The current petition seeks a 10 year time extension to December 31, 2010. The
amended petition will seek a 35 year extension to December 31, 2035.
Points of Diversion
• Adding wells No. 5 and 6 as additional points of diversion.
Adding APN's 179-010-09 and 179-120-01 (23.43 acres) as a well field.
Place of Use
® The expanded place of use will be reduced to extend only to the sphere of influence
described in the City's 1995 General Plan
The letter to the State Water Resources Control Board from City consultants Wagner &
Bonsignore (attachment #2) provides additional detail regarding the petitions.
Increased Cost: The original contract with Leonard Charles and Associates to prepare the EIR
was for $51,530 and $12,837.50 was spent on early task, leaving a budgeted balance of
$38,692.50. Mr. Charles has submitted a revised bid proposal that reflects the modified and
increased scope of analysis required for the project. The bid proposal increases the cost by
$50,791.50 bringing the remaining cost of the EIR to $89,484. Mr. Charles has indicated that
there are five reasons for the increase in cost:
1. The modified scope includes an assessment of the site-specific effects of new well site
development, which was not included in the original scope for the EIR.
2. The modified scope includes an assessment of the potential impacts on streamflow, lake
level, and water quality resulting from the increased diversion that was not contemplated in the
original scope for the EIR. It is proposed that this work be subcontracted to Wager &
Bonsignore to do a detailed assessment of hydrology.
3. The hydrologic data must then be used to do a much more extensive analysis of impacts on
biological resources because since the original scope was prepared, the federal government
has issued a Biological Opinion, and there is substantially more information (and concern) about
the fishery.
4. Because of the required analysis of potential impacts on streamflow, a cumulative impact
analysis of the City's increased diversions (plus other diversions) must be prepared.
5. Since 2005, the hourly rates of Leonard Charles & Associates have increased.
2
The additional $50,791.50 will be included in the proposed 2010-2011 budget. Any costs
incurred prior to June 30, 2010 will be funded from the existing open Purchase Order
established when the original contract was executed. As indicated above, there is $38,692.50
remaining in the Purchase Order.
Fiscal Impact
udgeted FY 2010- Budget Amendment
x 2011 11 11 P New Appropriation Not Applicable Required
Original
Amount Remaining
Revised
Additional
Expenditure
Source of
Contract
Existing Purchase
Bid
Needed
Acct Number
Additional
Order # 036542
Proposal
Funds
Funds
$51,530.00
$38,692.50
$89,484.00
$50,791.50
820.3901.250.004
820
Water Fund
RECOMMENDATION: Approve the amended contract with Leonard Charles and Associates.
Proposed Amendments to Water Rights Permit
This agreement shall be considered a contract, and is entered into this day of ,
by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as
"CITY" and Leonard Charles & Associates, a partnership, hereinafter referred to as the
"CONSULTANT."
PREMISES
The purpose of this agreement is the preparation and completion by CONSULTANT of an
Environmental Impact Report. The scope of work is more particularly described in the Exhibit "A",
attached to this agreement.
CITY may retain independent contractor to perform special services for CITY or any
department thereof.
CONSULTANT is willing and able to perform duties and render services in preparation and
completion of such an Environmental Impact Report. This work has been determined by the City
Council to be necessary for the welfare of residents of the CITY.
CITY believes the provision of these services to the residents is in their best interests, and
CONSULTANT agrees to perform such duties and render such services as outlined below:
AGREEMENT
CITY and CONSULTANT agree as follows:
ARTICLE 1
SERVICES OF CONSULTANT
1.01 CONSULTANT shall provide those technical, expert, and professional services as
described in Exhibit 'A" which consists of the Scope of Work/Bid Proposal, dated
March 2010, which is attached hereto as Exhibit "A" and incorporated herein.
CONSULTANT shall provide such services within the time limits described below.
1.02 The absence, omission, or failure to include in this agreement items which are
considered to be a part of normal procedure for a study of this type or which involve
professional judgement, shall not be used as a basis for submission of inadequate
work or incomplete performance.
1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as
a material inducement to entering into this agreement. CONSULTANT understands
the use to which the CITY will put his work product and hereby warrants that all
information contained in the Environmental Impact Report shall be made and
prepared in accordance with generally accepted professional practices.
1.04 CONSULTANT shall bear the expense of all printing and reproduction costs until the
final document is accepted by the CITY, at which time CONSULTANT shall turn over
to CITY all documents.
1.05 CONSULTANT shall deliver the following:
1. Six (6) copies of the Draft Initial Study and Notice of Preparation within four
(4) weeks of contract execution..
2. Forty (40) copies of the Final Initial Study and Notice of Preparation within
one (1) week of receipt of all comments.
3. (6) copies of the Administrative Draft Environmental Impact Report twelve
(12) weeks of completion of item No. 2 above.
4. Forty (40) copies of the Draft Environmental Impact Report within two (2)
weeks of receipt of all comments. An electronic copy of the Final
Environmental Impact Report shall also be provided in a format acceptable to
the CITY.
5. Six (6) copies of the Administrative Final Environmental Impact Report within
five (5) weeks of receipt of all comments.
6. Forty (40) copies of the Final Environmental Impact Report within three (3)
weeks of receipt of all comments.
7. A photo-ready reproducible copy of the Final Environmental Impact Report
shall also be submitted.
8. An electronic copy of the Final Environmental Impact Report shall also be
provided in a format acceptable to the CITY.
1.06 CONSULTANT shall be responsible for attendance at a minimum of one (1) public
scoping meeting and two (2) public hearings.
1.07 CONSULTANT shall perform any additional services as may be required due to
significant changes in general scope of the project. Such additional services shall be
paid for by supplemental agreement and shall conform to the rates of payment
specified in Article V below.
2
ARTICLE II
SERVICES OF CITY
2.01 CITY shall provide any information as to its requirements for performance of the
agreement not already contained in Exhibit "A."
2.02 Upon request, CITY shall provide CONSULTANT any information in its possession
or reasonably available to it that consultant may need to perform services under this
agreement.
ARTICLE III
TERM OF AGREEMENT
3.01 The term of this agreement shall commence on the effective date and shall terminate
when the CITY has formally accepted the final version of the Environmental Impact
Report.
This agreement may be extended on its same terms and conditions upon written
agreement between the CITY and CONSULTANT.
3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S
authority to proceed immediately with the performance of the work described by
Exhibit "A."
3.03 All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph
1.05 above in a reasonable timeframe according to the established deadlines.
CONSULTANT shall not be held responsible for delays caused by circumstances
beyond its control.
3.04 CONSULTANT acknowledges that timely performance of services is an important
element of this agreement and will perform services in a timely manner as provided
in paragraph 1.05 above and consistent with sound professional practices.
3.05 If CITY requests significant modifications or changes in the scope of this project the
time of performance shall be adjusted appropriately. The number of days of said
extension shall be the final decision of CITY.
ARTICLE IV
COST OF SERVICES
4.01 CONSULTANT has been selected by the CITY to provide services described in
Exhibit 'A" attached hereto and incorporated herein by reference, for which
compensation shall not exceed $89,484.00 on a time and materials basis.
4.02 Cost overruns or failure to perform within the maximum compensation ceiling
established in 4.01 above shall not relieve CONSULTANT of responsibility to provide
those services specified in Exhibit "A", for a total compensation including
reimbursable expenses not to exceed $89,484.00.
3
ARTICLE V
PAYMENT FOR SERVICES
5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this
agreement in amount to be determined in accordance with the method described in
paragraph 5.02 below.
5.02 Payment scheduling: Total payment not to exceed $89,484.00. Fees for the
professional services and the completion of required tasks as outlined herein shall
be paid on a time and materials basis but shall not exceed the price quotes contain
in Exhibit A. A detailed explanation of services and associated fees shall be listed
on each invoice submitted by CONSULTANT.
5.03 Payments to CONSULTANT shall be based on an itemized invoice submitted by
CONSULTANT not more frequently than monthly.
5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from
CONSULTANT.
5.05 If CITY substantially alters the scope of work to include additional analyses or
services, the total payment and cost of services may be changed by amending the
agreement.
ARTICLE VI
PROJECT INSPECTION AND ACCOUNTING RECORDS
6.01 Duly authorized representatives of the CITY shall have right of access to the
CONSULTANT'S files and records relating to the project included in the agreement
and may review the work at appropriate stages during performance of the work.
6.02 CONSULTANT must maintain accounting records and other evidence pertaining to
costs incurred, which records and documents shall be kept available at the
CONSULTANT'S California office during the contract period and thereafter for three
(3) years from the date of final payment.
ARTICLE VII
DISPOSITION OF FINAL REPORTS
7.01 All documents and associated materials and backup data as required by this
agreement shall be and shall remain the sole property of CITY.
7.02 CONSULTANT'S attention is directed to the required notice under Government
Code Section 7550, which states in part that "any documents or written reports
prepared as a requirement of this contract shall contain, in a separate section
preceding the main body of the document, the number and dollar amounts of all
contracts and subcontracts relating to the preparation of those documents or reports
if the total cost for work by non-employees of the public agency exceeds $5,000.00."
4
ARTICLE VIII
TERMINATION OF AGREEMENT
8.01 At any time CITY may suspend indefinitely or abandon the project, or any part
thereof, and may require CONSULTANT to suspend the performance of the service.
In the event the CITY abandons or suspends the project, CONSULTANT shall
receive compensation for services rendered to date of abandonment and
suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03
herein.
8.02 It is understood and agreed that should CITY determine that any part of the work
involved in the program is to be suspended indefinitely, abandoned, or canceled,
said agreement shall be amended accordingly. Such abandonment or cancellation
of a portion of the program shall in no way void or invalidate this agreement as it
applies to any remaining portion of the project.
8.03 If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt,
efficient, and thorough service, or if CONSULTANT fails to complete the work within
the time limits provided, CITY shall have the right to give notice in writing to
CONSULTANT of its intention to terminate this agreement. The notice shall be
delivered to CONSULTANT at least seven (7) days prior to the date of termination
specified in the notice. Upon such termination, CITY shall have the right to take
CONSULTANT'S studies and reports insofar as they are complete and acceptable to
CITY, and pay CONSULTANT for his performance rendered, in accordance with
Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to
terminate, less the amount of damages, general or consequential, which CITY may
sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations
under this agreement.
ARTICLE IX
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the
CITY, its agents, officers, and employees against and from any and all claims,
lawsuits, actions, liability, damages, losses, expenses, and costs (including but not
limited to attorney's fees), brought for, or on account of, injuries to or death of any
person or persons including employees of the CONSULTANT, or injuries to or
destruction of property, arising out of, or resulting from, the performance of the work
described herein, provided that any such claim, lawsuit, action, liability, damage,
loss, expense, or cost is caused in whole or in part by any negligent or intentional
wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or
indirectly employed by any of them, or any for whose acts any of them may be liable.
CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph
if the damage or injury is caused by the active and sole negligence or willfully
wrongful actor omission of CITY or its officers or employees. CITY agrees to timely
notify CONSULTANT of any such claim and to cooperate with CONSULTANT to
allow CONSULTANT to defend such a claim.
5
ARTICLE X
INSURANCE
10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the
entire period of performance of this agreement, insurance as set forth in Exhibit "B",
attached hereto, and incorporated herein by reference.
ARTICLE XI
GENERAL COMPLIANCE WITH LAWS
11.01 It is understood and agreed that the CONSULTANT will complywith all federal, state
and local laws and ordinances as may be applicable to the performance of work
under this agreement.
ARTICLE XIII
NONDISCRIMINATION
12.01 CONSULTANT certifies that it is in compliance with the Equal Employment
Opportunity Requirement of Executive Order 11246, as amended by Executive Order
11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment
Practices Act, and any other Federal or State laws pertaining to equal employment
opportunity and that it will not discriminate against any employee or applicant for
employment on the basis of race, color, religion, handicap, age sex, national origin,
or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer,
compensation, or termination.
12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination
provisions of this agreement, the CITY shall impose such contact sanctions as it may
determine to be appropriate including, but not limited to:
a. Withholding of payments to the CONSULTANT under the agreement until
the CONSULTANT complies, and/or
b. Cancellation, termination, or suspension of the Agreement in whole or in
part.
ARTICLE XIV
INDEPENDENT CONSULTANT
13.01 The CONSULTANT, in accordance with its status as an independent contractor,
covenants and agrees that it will conduct itself consistent with such status, that it will
neither hold itself out as nor claim to be an officer or employee of the CITY by reason
hereof, and that it will not by reason hereof, make any claim, demand, or application
to or for any right or privilege applicable to an officer or employee of the CITY
including, but not limited to, worker's compensation coverage, unemployment
benefits, and retirement membership or credit.
6
ARTICLE XV
SUCCESSOR AND ASSIGNMENTS
14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and
executors, administrators, and assigns to the other party to this agreement, and to
the partners, successors, executors, administrators, and assigns to such party in
respect to all covenants of this agreement.
14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign,
sublet, or transfer his interest in this agreement without the written consent of the
other, however, the CONSULTANT reserves the right to assign the proceeds due
under this agreement to any bank or person.
14.03 In the case of death of one or more members of the firm of the CONSULTANT, the
surviving member or members shall complete the professional services covered by
this agreement.
ARTICLE XVI
EXTENT OF AGREEMENT
15.01 This agreement shall consist of this agreement, the Scope of Work/Bid Proposal,
dated March, 2010, identified as Exhibit "A", as attached hereto and incorporated
herein, and the insurance requirements set forth in the attached Exhibit "B."
15.02 This agreement constitutes the whole agreement between the CITY and
CONSULTANT and any other representations or agreements are superseded by the
terms of this agreement.
ARTICLE XVII
PARAGRAPH HEADINGS
16.01 The paragraph headings contained herein are for convenience and reference only
and are not intended to define or limit the scope of this contract.
ARTICLE XVIII
BUSINESS LICENSE
17.01 Prior to commencing work, CONSULTANT shall secure a City of Ukiah Business
License.
ARTICLE XVIV
NOTICE
18.01 Whenever a notice to a party is required by this agreement, it shall be deemed given
when deposited with proper address and postage in the U.S. mail or when personally
delivered as follows:
CITY: Charley Stump, Director
Planning and Community Development
300 Seminary Avenue, Ukiah, CA 95482
7
CONSULTANT
CONTRACTOR: Leonard Charles
7 Roble Court
San Anselmo, CA 94960
ARTICLE XIX
DUPLICATE ORIGINALS
19.01 This agreement may be executed in one or more duplicate originals bearing the
original signature of both parties and when so executed and such duplicate original
shall be admissible as proof of the existence and terms of the agreement between
the parties.
ARTICLE XX
FORUM SELECTION
20.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the
enforcement or interpretation of the agreement, arising out of CONSULTANT°s
performance or relating in anyway to the work shall be brought in Mendocino County
and that venue will lie in Mendocino County.
CONSULTANT hereby waives any right it might otherwise have to seek a change of
venue based on its status as an out of county corporation, or on any other basis.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to
execute this agreement in duplicate the day and year first above written.
CITY OF UKIAH
Jane Chambers
City Manager
CONSULTANT/CONTRACTOR
Leonard Charles
Leonard Charles & Associates
APPROVED AS TO FORM:
David Rapport
City Attorney
Date
IRS IDN Number Date
Date
8
EXHIBIT 6d 99
BID PROPOSAL
PROPOSED AMENDMENTS TO
CITY OF UKIAH WATER RIGHTS
P MUT
[I
March 2010
Prepared for: City of Ukiah
300 Seminary Avenue
Ukiah, California 95482-5400
Prepared by: Leonard Charles and Associates
7 Roble Court
San Anselmo, California 94960
415.454.4575
INTRODUCTION
The following proposal describes the scope of work that Leonard Charles and
Associates (LCA) proposes to conduct to prepare the Initial Study and EIR for the
proposed amendment to the Water Rights Permit for the City of Ukiah ("the project").
Before describing the work that would be done, we would note the following advantages
to the City of using our firm to conduct this study.
® General Experience. Since, 1977, Leonard Charles and Associates (LCA) has
produced many EIRs and other CEQA documents on projects occurring in Northern
California. We have extensive experience in preparing all types of EIRs.
® Experience with Program Level EIRs. LCA has substantial experience preparing
EIRs for General Plans, Specific Plans, and other projects that encompass large
planning areas. We are currently preparing the Program EIR for the Ukiah Valley
Area Plan. In the recent past, we have prepared the EIRs for the Fort Bragg,
Lafayette, and Novato General Plans, as well as numerous specific plans.
Familiarity with the Area. LCA has prepared numerous EIRs in the Ukiah Valley
and is quite familiar with the local environment and issues important to the local
community. Most importantly, we are currently preparing the Ukiah Valley Area Plan
EIR, which assesses long-term impacts of growth in much the same area that is
included in the proposed places of use for the City. Recent EIRs completed for
projects in the Ukiah Valley include EIRs for the Mendocino County Regional
Transportation Plan, the Orr Creek Bridge/Orchard Avenue Extension project, the
Ukiah Solid Waste Transfer Station, and the City of 10,000 Buddhas project, a
Mitigated Negative Declaration for Calpella County Water District Annexation, and
the Ukiah Western Hills Study. In the past, we have prepared eight additional EIRs
for projects within the Ukiah Valley.
Legal Adequacy. Because of our involvement with controversial projects, we are
thoroughly familiar with the most recent court" cases involving EIRs. As importantly,
the main controversies surrounding the project involve the potential growth-inducing
impacts. We are the only firm who will have access to the growth projections and
possible impacts of that growth for the Ukiah Valley. We are experienced in
preparing EIRs that will undergo substantial legal scrutiny.
Assumptions
The proposal is based on the following assumptions:
O The City or its engineering consultants will provide a full project description.
The City or its engineering consultants will provide all necessary data and
explanations regarding any questions we have regarding water rights, the license
and permit requirements and procedures, and the operations of the water provider.
Water Right Permits E/R Revised 2009 Bid Proposal
Leonard Charles and Associates Page 1
To assess growth-inducing impacts, this EIR will use the year 2025 growth
projections developed for the Ukiah Valley Area Plan Draft EIR. This EIR projects a
level of development and the general locations of that development.
INITIAL STUDY PREPARATION
An Initial Study and NOP were prepared for the original project in 2006. Because the
project and the environmental setting have changed, a new Initial Study and NOP should
be prepared and circulated. The purposes of this Initial Study would be:
• To describe the project.
• To inform agencies and the public that an EIR will be prepared for the project.
• To present a sufficient level of analysis for the many secondary impacts so that these
areas would not need to be addressed in the EIR.
• To provide a description of those areas of impact that will be focused on in the EIR.
The Initial Study will be attached as an appendix to the EIR. For those areas of impact
that the Initial Study addresses in sufficient detail and where mitigation measures are not
required to reduce the impact to a less than significant level, the EIR will not include an
analysis of those areas of impact. This will reduce the length of the EIR text and allow it
to focus on the more important environmental concerns. It is possible that agencies or
other individuals responding to the NOP will request that additional analysis be prepared
and presented in the EIR, and the EIR will include those analyses (assuming the
applicants believe the request is reasonable and feasible).
All potential environmental impacts will be discussed in the Initial Study. We will use the
format presented in the most recent CEQA Guidelines. See the description of the tasks
presented below for the EIR to determine the level of analysis that will be prepared.
PUBLIC SCOPING MEETING
A public scoping meeting was held in 2006. Again, it is recommended that a new
scoping meeting is needed. Leonard Charles will facilitate the public scoping meeting to
describe the proposed project and the scope of the EIR. He will answer questions and
will record all comments and suggestions given. The City will provide a space for the
meeting as well as public notification of the time of the meeting.
EIR SCOPE OF WORK
The following section describes our revised scope of work and methodology using the
same format that will be used to present the data in the Draft EIR. The EIR and this
proposal are divided into four basic sections - an overview, a summary, an
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 2
environmental impact analysis, and a discussion of topical issues and impact
summaries. This proposal details what work will be done to complete each section of
the EIR.
1.0 OVERVIEW SECTION
The first section of the EIR will locate the project in time and space in order to give the
reader a clear understanding of what the project is, where it is, and its relationship to
local land use plans. This Overview will include:
1.1 PURPOSE OFT E EIR
This section will describe the purpose of the EIR and provide introductory statements.
1.2 CONTENTS OFT E EIR
This section will provide a discussion of the purpose of the EIR, the bases for
determining impact significance, the assessment of project alternatives, and other
information to allow the reader to understand what is and is not included in an EIR.
1.3 COMPLIANCE WITH C QA REQUIREMENTS
This section describes the CEQA requirements for the project and discusses how those
requirements have been fulfilled. It will include a summary of comments received as
part of the NOP process and a summary of comments made at the public scoping
meeting on the EIR.
1.4 PROJECT LOCALE A SETTING
This section will include location maps plus a narrative description of the project locale.
This will include a brief overview description of the environment and land uses in the
area served by the City.
1.5 PROJECT DESCRIPTION
We will provide a complete description of the project as proposed. The description will
include narrative, tabular, and graphic descriptions of the technical and environmental
characteristics of the project.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 3
1.6 REQUIRED APPROVALS
This section will describe all required approvals and permits for the project. It will
include a list of all reviewing agencies. We will specifically address the concern raised
by Lee Howard in his protest of the petitions regarding whether LAFCO needs to
approve the project. It is our understanding that the project only gives the right to serve
the expanded places of use and that LAFCO would only come into the picture if and
when the City applied to annex the areas outside their current service areas. We will
explain this interpretation, as amended by our further discussions with the City and its
consultant.
2.0 SUMMARY
In this section, we will present a summary of all the major findings and conclusions of the
report. This will include a section that describes each impact and lists the recommended
mitigation measures for that impact. This section will also summarize the growth-
inducing impacts, cumulative impacts, and project alternatives. It will summarize those
impacts identified as "significant adverse" impacts despite available mitigations. This
section is intended to be an outline of major impacts, mitigations, and project alternatives
for the reader who does not wish to or need to read the entire report. This section is
required by CEQA.
3.0 ENVIRONMENTAL I PACT ANALYSIS
The EIR will focus on three areas: the physical impacts of developing new wells; the
effects on streamflow and water quality resulting from future increased diversion; and the
growth-inducing effects of the additional water supply. These impacts are the main
concern of the four agencies/individuals who protested the petition for the project. Each
resource area assessed in the EIR will be analyzed using the following format:
A. Setting
This section includes a description of the existing situation on the site and
in the project area.
B. Potential Impacts and Mitigations
This section includes a description and analysis of all possible constraints
on development and of impacts that would result from development of the
project. The EIR will clearly list any impacts that should be considered
"significant" per the CEQA Guidelines; the basis for significance will be
defined for each area of analysis. Each impact will be numbered and a
determination of significance will be determined for that impact.
After the discussion of each impact, there will be a listing of feasible
mitigation measures to address the identified impact. These discussions
Ukiah Water Right Permit E/R Revised 2009 Bid Proposal
Leonard Charles and Associates Page 4
will close with a determination of the significance of the impact following
application of the mitigation measures.
The following sections outline the proposed scope of work and methodology for each
environmental factor.
3.1 GEOLOGY
Using existing reports, we will discuss whether adding additional wells would result in
any geologic impacts. Discuss potential soil erosion from well installation and develop
mitigations if warranted.
3.2 HYDROLOGY
The Hydrology section will be prepared by the firm of Wagner & Bonsignore. We have
had extensive discussions with this firm to ensure that they will address all issues that
might be raised about the project's effects on streamflows, water quality in Lake
Mendocino and the river, and water availability. The following is their proposal.
The City of Ukiah filed petitions with the State Water Board to amend its Water Right
Permit to add points of diversion and amend the authorized place of use. Wagner &
Bonsignore proposes "re-using" the operations model previously developed by Wagner
& Bonsignore for the City of Ukiah Urban Water Management Plan. In that effort a daily
model covering 46 water years (1961-2006) was created that simulates Potter Valley
Project imports, Lake Mendocino storage and release, City of Ukiah water use, and
satisfaction of Russian River required streamflows.
An important aspect of that modeling was the application of the 2004 FERC license for
Potter Valley Project retroactively to the entire study period. That "retroactive projection"
of the FERC license was necessarily conservative because while the FERC license
specifies a minimum Tunnel import, it also allows additional discretionary import.
However, estimating the discretionary import would require a) building a model of
storage and flow for the Eel River basin and b) knowing how PG&E would exercise their
discretion. Instead the modeling completed assumed the minimum imports mandated by
the FERC license. It is proposed that the same assumption would be used here.
Two aspects of the modeling would be revised for this work. One, the projected future
City water use would probably change and perhaps the return flow factors would also
change. And two, required streamflows on the Russian River would be revised to
correspond to the recent Biological Opinion (B.O.) requiring Sonoma County Water
Agency to amend D-1610.
Because meeting the required streamflows on the Russian River is first priority in
practice and in the modeling, there are no impacts to streamflows. Any change in basin
water supply instead shows up as a change in water storage levels in Lake Mendocino.
Because the B.O. mandates lower streamflows than D-1610, there may be a net gain in
basin water supply and net increase in water stored in Lake Mendocino. They will do the
following work:
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 5
• Recalculate the operations model previously built for City of Ukiah Urban Water
Management Plan. Use the reduced Potter imports in all Scenarios. The following
scenarios will be done:
o Scenario A:
■ D-1610 flow rates
• Existing Ukiah demand
o Scenario B:
• D-1610 flow rates
• Future Ukiah demand
o Scenario C:
• B.O. flow rates
• Existing Ukiah demand
o Scenario D:
■ B.O. flow rates
• Future Ukiah demands
Reduction in Russian River flows will be result of B.O. flow rates differing
from D-1610 flow rates. Explain that required streamflows will be met in all
hydrologic conditions in all four Scenarios.
Lake Mendocino storage levels will, on average, be higher due to the B.O.
flow rates and will, on average, be lower due to the increased Ukiah
diversions. This may result in some impact to recreation, which we will not
evaluate and is expected to have less than significant effect on water quality.
• Explain that those scenarios resulting in more overall water supply in the basin, may
alleviate the push for reduced water use. Explain that those scenarios that result in
less overall water supply in the basin may aggravate calls for reduced water use.
• Re-use text in UWMP about Ukiah Valley groundwater resource.
• Re-use information in Ukiah Valley Area Water Plan for background on other water
uses in Ukiah Valley (by LCA).
• Discuss groundwater/surface water interactions and implications of wells intercepting
groundwater.
• Research climate change. Run additional "with" scenario with less runoff.
• Discuss water quality impacts expected during drilling of water well.
• Identify and coordinate with LCA and City regarding project alternatives.
• Speak with SCWA about their concerns.
• Speak with RRFCD about their concerns. Discuss the relationship between the
increased Ukiah diversion and the RRFCD contracts and project water.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 6
3.3 BIOLOGICAL RESOURCES
The project impacts on streamflows, lake storage levels, and water quality will have
impacts on the Russian River fishery and other aquatic resources. We will assess the
impact of reducing water flow in the Russian River on listed species. The assessment of
impacts to salmonids and other special status species will include a detailed summary of
the findings and recommendations included in the Russian River Draft Biological
Assessment and the Biological Opinion. We will specifically respond to the various
issues and concerns raised in the Department of Fish and Game protest letters on the
project. Address the issues where DFG was unclear about the petitions.
3.4 CULTURAL RESOURCES
Using existing data, we will provide a general discussion of historical and archaeological
resources present or possibly present in the area of the new wells. Provide mitigations if
warranted.
3.5 TRAFFIC A CIRCULATION
Discuss how installation of new wells would have short-term impacts on the roadway
system.
3.6 AESTHETICS
Describe whether installation of new wells and appurtenant facilities would have an
aesthetic impact on views from the surrounding areas. Recommend mitigations if
warranted.
3.7 NOISE
Drilling and installation of new wells and pumps will cause short-term noise impacts.
These impacts will be discussed to determine possible impacts on nearby residential
neighbors. If there will be aboveground pumps or motors involved with the new wells,
the potential noise impacts of this equipment will be described. If warranted, noise
mitigations will be recommended.
3.8 I QUALITY
Describe the potential air quality impacts of new well construction. Because well
pumping will require the use of electrical equipment, the project will result in increased
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 7
emission of greenhouse gases (GHG). We will assess the project's GHG emissions on
global climate change. If feasible, we will recommend mitigations.
3.9 LAND USE
Discuss whether well installation would affect agricultural land or agricultural uses. We
will assess project consistency with General Plan policies and direction.
3.10 HAZARDS AND HAZARDOUS MATERIALS
We will discuss the possible use of hazardous materials when installing wells and
provide mitigations if warranted.
.0 TOPICAL ISSUES
4.1 CUMULATIVE IMPACTS
The project would potentially contribute to a cumulative impact during the well
installation phase (i.e., construction noise potentially combining with other construction
or other noise in the area) and the long-term cumulative impact of increased diversions
form the Russian River. Based on the list of projects already provided to us by the City
and the County, we will provide a discussion of the cumulative construction impacts of
those projects plus the proposed project.
Based on projections that have been developed for the Draft UVAP, calculate the
additional water demand needed to meet that need. To the degree data are available,
describe current proposals by other water providers to expand their diversion from the
river. Discuss the possible cumulative impact on streamflow and water quality, and the
consequent effect on the fishery within Mendocino County. To the degree data are
available, provide a general discussion of projected diversions downstream of
Mendocino County. This analysis will be based on existing data in the Biological
Opinion and other data made available by the Sonoma County Water Agency.
4.2 GROWTH-INDUCING IMPACTS
The project will allow buildout of the City and its Sphere of Influence. As this future
growth is a key concern of the City and the public, the EIR will include a discussion of
the impacts of that induced growth.
To conduct these analyses of growth-inducing impacts, we will rely heavily on the
Program EIR that we are currently preparing for the County of Mendocino. This
Program EIR examines the long-term impacts of additional growth over an area that
includes the City and its Sphere of Influence. While it is possible that the UVAP EIR
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 8
would not be published prior to the EIR for this project, we would still have access to all
those data.
We are currently completing a population projection for the area and are distributing that
projected growth to traffic area zones in the valley. These projections will be used to
project growth within the service areas of the City.
Because, the exact nature and location of future development is unknown, the
assessment of growth-inducing impacts can be general in nature (i.e., at the level that is
typically done for a Program EIR). Because we will not know exactly where such
growth might occur, the analysis would not be site-specific. It would assess the general
impact of new growth in an area on the resources of that area. We would assess
impacts for the following resources:
Geology and Soils
Using existing reports and the UVAP EIR that describe the geology and soils of the area,
we will describe existing hazards and constraints on development. This will include a
discussion of seismic hazards, landslide hazards, liquefaction, and other soil constraints.
Given these hazards and constraints, examine the possible risks of new development in
the area, or portions of the area. Determine whether the City's General Plan would
provide sufficient protection from geologic hazards for projected new development. If
warranted, we will recommend additional mitigations.
Hydrology and Water Quality
We will assess the hydrologic effects of future induced development, including:
• Summarize existing data regarding flows, flooding, and water quality in the Russian
River system.
• Describe existing major flooding problems
• Describe possible impacts resulting from:
• placing new development within flood zones;
• increasing runoff (from new development) and therefore the extent of the
flood zones or duration of the flood;
• increasing the amount of pollutants on streets and other paved areas
which can pollute the river system and groundwater aquifers;
• erosion from construction and various land uses and impacts on water
quality; and
• Review the policies and implementation measures of the City General Plan to
determine whether they provide adequate protection for hydrologic resources and
protect the public from flooding. If warranted, recommend additional mitigation
measures necessary to reduce the growth-inducing impacts.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 9
Biological Resources
Using existing reports, we will assess the effects of induced development on area
biological resources. This will include assessing the following:
® Describe the basic vegetation communities of the affected area.
® Describe wildlife use of the area.
® Provide a list of special status and sensitive species.
® Describe wetlands in the area.
® Discuss whether new development would adversely affect any of the resources
described above. This includes indirect impacts such as sedimentation and water
pollution impacts on salmonids.
® Review the policies of the City General Plan and other regionwide agreements on
water rights and salmonids to determine if they would reduce, at a program level, all
potentially significant impacts to a less than significant level.
If warranted, recommend additional mitigation measures necessary to reduce the
significant impacts.
Cultural Resources
Discuss possible impacts of induced development on cultural resources. Discuss how
the policies and implementation measures of the City General Plan provide adequate
protection for these resources.
Traffic and Circulation
Based on the existing traffic modeling that has been done for the City and for MCOG, we
will provide a general discussion of the impacts of induced growth on the City roadway
system. We would do the following:
® The existing traffic conditions within the area will be described.
® Roadway improvements required to improve existing roadway deficiencies will be
identified. Levels of Service values will be reported for conditions with
implementation of improvements.
Roadways forecasted to operate below acceptable LOS thresholds will be identified.
Roadway alignments and structural conditions will be compared with the appropriate
functional classification standards for each facility.
® As warranted, already-identified roadway improvements required to improve area
buildout roadway deficiencies will be described. Levels of Service values will be
reported for conditions with implementation of improvements.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 10
Aesthetics
We will assess the impacts of induced development on area aesthetic resources. This
will include the following:
• Describe the major aesthetic resources in the area, especially scenic vistas from
major roadways and public places.
• Discuss how future development could adversely affect scenic views and resources.
Discuss potential impacts to existing neighborhoods. This will include assessment of
impacts of new lighting, placement of utility towers, and other special use impacts.
• Determine whether General Plan policies and implementation measures will
adequately protect scenic views and resources.
• Where warranted, we would recommend additional mitigations to protect important
scenic views and the character of existing neighborhoods.
Noise
Based on the noise analysis being prepared for the UVAP EIR, we will do the following:
• Provide a table showing the distance from major roads to the 60, 65, and 70 Ldn
contours, for both existing and future conditions for major roads.
• Based on this table, LCA would determine whether new development would be
allowed in areas where existing or future noise levels would exceed standards
established in the existing Noise Element of the City General Plan.
• Determine whether existing policies and measures of the Noise Element provide
adequate protection from unacceptable fixed source or traffic-generated noise.
• Where warranted, recommend additional mitigation measures.
Air Quality
We will assess the impacts of induced growth on regional air quality and global climate
change. We will do the following work:
• Describe existing air quality and air quality concerns and issues facing the area.
• Describe global climate change and current State requirements for reducing
greenhouse gas emissions.
• Discuss how future development in the area could adversely affect air quality. This
will include consideration of PM10 emissions from construction and future use,
emission of ozone precursors and other vehicle-generated pollutants, and other
pollution.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 11
Discuss the potential impacts on global climate.
® We will not conduct air quality modeling. Instead, we will determine whether City
General Plan policies and implementation measures provide a smart growth planning
framework that reduces the need for commuting.
Public Services
The EIR will assess whether the amount of new development allowed by the project can
be adequately served by existing resources or improvements that are planned by the
public service providers. We will do the following work:
® Calculate the increased demand for public services from projected development over
the next 20 years.
Contact all public service providers to determine existing resources and their ability
to serve projected 20-year growth within their service area. This will include
contacting the City Police Department, City Fire Department, Ukiah Unified School
District, Ukiah Valley Fire Protection District, Ukiah Public Works Department, Ukiah
Parks and Recreation Department, Ukiah Valley Sanitation District, and the Solid
Waste Management Authority.
® Assess potential long-term impacts on public service providers.
Determine whether General Plan policies provide the framework for ensuring that
adequate services are available prior to new development occurring.
If the analysis indicates that adequate services may not be available, despite Plan
policies and implementation measures, we will recommend additional mitigation
measures needed to reduce impact to public service providers to a less than
significant level.
Land Use
We will assess the following land use issues as regards the induced growth:
® Assess possible long-term impacts on agriculture.
® Assess possible impacts as regards displacement of population or housing.
® Assess for possible impacts of physically dividing a community.
® Determine whether the policies of the General Plan sufficiently address these
potential impacts.
® Where warranted, recommend additional mitigation measures.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 12
Hazards and Hazardous Materials
We will assess the impacts of induced growth as regards the following:
• Provide a general discussion of the potential hazards of transporting, storing, and
using hazardous chemicals and materials. Determine whether the General Plan
provide adequate protection from hazardous materials and adequate response in
case of a spill or release.
• Identify areas that are "high" and "very high" fire hazard areas. Describe existing
response strategies. Determine whether the General Plan provides adequate
protection from wildfire hazard.
• Review the existing emergency response and evacuation plan(s) for the area.
Determine whether there is adequate emergency planning and response.
• Where warranted, revise or recommend additional mitigation measures to provide
adequate protection from hazards and hazardous materials.
4.3 PROJECT ALTERNATIVES
CEQA requires an analysis of project alternatives. We will work with the applicants and
their consultants to develop the final list of at least three alternatives. It is possible this
list might include:
• No project, as required by CEQA
• Reduction in the place of use
• Mitigated project that reduces demand by incorporating water conservation,
recycling, etc.
5.0 RESPONSE T COMMENTS
We will attend two public hearings on this EIR, including one hearing on the Draft EIR.
We will be responsible for responding to all written comments plus verbal comments
rendered atone public hearing on the Draft EIR. The comments plus our responses will
become the Final El R for the project.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 13
SCHEDULE AND PRODUCTS
Once a contract is signed, we will begin work. From that date, the following products will
be completed:
1. Submittal of 6 copies of Draft Within 4 weeks of contract
Initial Study and NOP signature
2. Submittal of 40 copies of Initial Study Within one week of receipt of all
and NOP comments
3. Submittal of 6 copies of the
Administrative Draft EIR
Within 12 weeks of #2
4. Submittal of 40 copies of Draft EIR
5. Submittal of 6 copies of Administrative
Final EIR
6. Submittal of 40 copies of Final EIR
STAFF
Within 2 weeks of receipt of all
comments
Within 5 weeks of receipt of all
comments
Within 3 weeks of receipt of all
of all comments
The following list of individuals will work on this project.
Staff Member Responsibility
Leonard Charles, Ph.D. Project Manager
Lynn Milliman Environmental Analyst
Jacoba Charles Environmental Analyst
PRICE Q`UOTE
The Initial Study, NOP, and EIR will be prepared for a fixed cost of $89,494. The cost
breakdown is shown on Table 1
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 14
ASSUMPTIONS AND CONDITIONS
1. If the City receives requests for additional analysis or study not included in this
scope of work either as a response to the NOP or during the public scoping
meeting, and agree that additional work is needed, the additional work can be
prepared by amending the scope of work and price quote listed above.
2. The cost for the Response to Comments includes responding to comments
based on analyses included in the scope of work. Requests for additional
studies beyond those included in the scope of work would require an amendment
to the contract. The cost for responding to comments is based on it taking LCA
staff 20 hours to respond to comments and 20 hours to prepare the document
(i.e., clerical time). If LCA and staff of the applicants agree that responding will
take more time to respond and prepare the FEIR then listed above, the City will
agree to amending the contract to cover the unforeseen level of comments.
3. The Administrative Draft EIR and Administrative Final EIR will receive one round
of review by City staff only, prior to publication.
4
5
6
Once LCA is authorized to start work, the project description will not
substantively change.
The analysis of project alternatives will be qualitative. It will not include
quantitative, technical analyses of traffic, runoff, engineering, noise, air quality or
other quantitative assessments.
The price quote includes the attendance of Leonard Charles at one scoping
meeting and two public hearings. If Leonard Charles to attend additional
hearings, the cost will be $1,520 per hearing.
If additional copies of documents are required, the cost will be $12 per Initial
Study and $25 per DEIR or FEIR.
The RFP does not specifically request preparation of other CEQA-required
documents. Often these are prepared by public agency staff, but more and more
frequently the public agency requests the consultant to prepare these
documents. If desired, the following documents can be prepared:
® Mitigation Monitoring and Reporting Program $900
® Notice of Determination $300
® Draft Findings $2,600
9
The scope of work does not include the following:
® color mapping
® geologic reconnaissance or subsurface explorations
® field surveys for animals or plants
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 15
• assessments of biological impacts by a botanist, fisheries biologist, or
wildlife biologist
• quantification of habitat values
• field sampling for air or water quality
• provision of engineering design for stormwater or any other public service
systems
• engineering analysis of water or wastewater systems
• subsurface archaeological explorations
• Level 1 or higher investigations for toxic materials
• quantitative air quality modeling
10. If work is stopped or slowed by circumstances outside LCA's control, the City will
notify LCA in writing. LCA will be reimbursed for all work completed at the time it
receives the notice to stop work. If work is stopped for more than six weeks, the
contract will be amended to cover the costs of having to re-start the project.
11. The EIR is intended to be a full disclosure document and is provided solely to
assist in the evaluation of the proposed project. Leonard Charles and Associates
shall not be liable for costs or damages of any client or third parties caused by
use of this document for any other purpose, or for such costs or damages of any
client or third parties caused by delay or termination of any project due to judicial
or administrative action, whether or not such action is based on the form or
content of this report or portion thereof prepared by Leonard Charles and
Associates.
Ukiah Water Right Permit EIR Revised 2009 Bid Proposal
Leonard Charles and Associates Page 16
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r.,ArIIBIT '"B"
INSURANCE REQUIREMENTS
Without limiting Consultant's obligations arising under Paragraph 12 of the Professional Service
Contract ("Agreement's to which this Exhibit is attached, Consultant shall not begin work under the
Agreement until it procures and maintains for the duration of the Agreement insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with its
performance under the Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form
No. CG 00 01 1185.
2. ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any
auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
4. Professional Liability Insurance covering damages which may result from
errors, omissions, or acts of professional negligence by Consultant.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $2,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the general
aggregate limit shall apply separately to the work performed under this
Agreement, or the aggregate limit shall be twice the prescribed per
occurrence limit.
2. Automobile Liability: $2,000,000 combined single limit per accident for
bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and Employers
Liability limits of $1,000,000 per accident.
9
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects to the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied
or used by the Consultant, or automobiles owned, hired or borrowed
by the Consultant. The coverage shall contain no special limitations
on the scope-of-protection afforded to the City, its officers, officials,
employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
10
3. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced
in coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating
of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for
short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates and
Endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The Certificates and Endorsements are
to be on forms provided or approved by the City. Where by statute, the City's
Workers' Compensation - related forms cannot be used, equivalent forms approved
by the Insurance Commissioner are to be substituted. All Certificates and
Endorsements are to be received and approved by the City before Consultant begins
the work of this Agreement. The City reserves the right to require complete,
certified copies of all required insurance policies, at any time. If Consultant fails to
provide the coverages required herein, the City shall have the right, but not the
obligation, to purchase any or all of them. In that event, the cost of insurance
becomes part of the compensation due the contractor after notice to Consultant that
City has paid the premium.
G. Subcontractors
If Consultant uses subcontractors or sub-consultants, it shall cover them under its
polices or require them to separately comply with the insurance requirements set
forth in this Paragraph 6.1.
11
Attachment 1 j
4per&Bqn ®e
Consulting Givil Engineers, A Corporation
Nicholas F. Bonsignore, P.E.
Robert C. Wagner, P.E.
Paula J. Whealen February 19, 2009
Andrew T. Bambauer, P.E.
John Faux, P.E.
David M. Houston, P.E.
Ryan E. Stolfus
Mr. Steve Herrera
State Water Resources Control Board
Division of Water Rights
P.O. Box 2000
Sacramento, CA 95812-2000
Re: City of Ukiah -Permit 12952 (Application 15704)
Dear Mr. Herrera:
Based on its fitrther investigation of regional water resource supplies and projected
demands, the City of Ukiah ("Ukiah") would like to amend its Petitions for Extension of Time,
Change in Point of Diversion and Change in Place of Use on file with the State Water Board for
water right Permit 12952 (Application 15704). The requested amendments to these Petitions are
set forth below.
Petition for Extension of Time
Permit 12952 expired on December 1, 2000. Prior to Permit expiration, Ukiah filed a
Petition for Extension of Time in November 2000 requesting an additional 15 years
(through December 1, 2015) to perfect the water under the Permit. The Petition was
issued for public notice on June 25,2001. At this time, Ukiah would like to amend its
request from a 15-year to a 35-year extension, with water being put to full beneficial use
on or before December 1, 2035.
Additional time is required in order to put the full amount of water under Permit to
beneficial use within the Ukiah's proposed place of use. Changes are also being sought
to Ukiah's Permitted place of use via Petition.
The State Water Board has in the past given some latitude to municipalities to perfect a
water right permit due to uncertainties surrounding a City's ability to project population
changes over time.' Frequently, as in the case of Ukiah, population projections are
` See WRO 2004-0038 "In the Matter of Permits 11714 and 11715 Regarding Diversions by Humboldt Bay
Municipal Utility District," p.3 section 2,12 ("While in past years, prior to 1992, the District has diverted as much
as 75,000 afa, it is currently using about 30,000 afa. The pulp mill closed, and the use of water was reduced for
reasons beyond the District's control. The District has taken all actions within its power to put the water to
reasonable and beneficial use."); and WRO 2000-0013 "In the Matter of the Petition for Extension of Time of the
City of San Luis Obispo, Permit 5882 (Application 10216)," pp. 12-13 ("A municipality, such as San Luis Obispo, is
to be afforded some latitude in putting water to beneficial use, because the municipality must be able to plan for, and
meet, the needs of its existing and future citizens.")
444Nortb 7"bird Street Suite 325, Sacramento, California 95811-0238
P1a:916-441-6850 Fx:916-4483866
Mr. Steve Herrera
February 19, 2009
Page 2 of 3
imprecise at best. External factors such as regional and statewide shifts in economic and
demographic trends influence local projections for fixture demand.
Ukiah has generally experienced slow population growth with a total increase of 2.9%
between 2000 and 2004; projections from the 1995 General Plan were for 4.5% annual
growth. More recently Department of Finance indicated a rate of 0.77% between 1999
and 2003. Ukiah estimated a 1% growth rate for the future in its most recent Urban
Water Management Plan.
The City fully expects to develop its water rights to the full extent allowable and requests
until 2035 to accomplish that goal.
Petition for Change in Point of Diversion
Ukiah filed a Petition for Change in Point of Diversion for Permit 12952 in March 2002.
The Petition sought to add two new well heads (known as Points of Diversion #5 and #6)
to the Permit. The Petition has not been issued for public notice.
Ukiah would like to amend its Petition for Change in Point of Diversion by adding
Mendocino County Assessor Parcels 179-010-08, 09 and 179-120-01 as Points of
Diversion under Permit 12952. The three parcel area encompasses the existing Permitted
Points of Diversion #1 and #2; previously proposed existing Points of Diversion #5 and
#6, and will be the area within which future wells may be located to divert water pursuant
to Permit 12952. Ukiah will maintain its Permitted Point of Diversion #3 that is located
outside of the proposed area. The attached Amended Map shows the location of all
existing and proposed Points of Diversion and the new area where future wells may be
located. Attachment "A" sets forth the descriptions of the existing and requested Points
of Diversion pursuant to the Amended Petition.
The addition of the three parcels as Points of Diversion to Ukiah's Permit 12952 will
allow for the development of future wells without having to seek approval from the State
Water Board via the Petition process each time a new well head is installed.
Petition for Change in Place of Use
Ukiah filed a Petition for Change in Place of Use in July 2002, which was issued for
public notice on November 15, 2002. The Petition was subsequently amended in
November 2004 and again in December 2005. No additional public notice has been
issued for those two amendments.
At this time, Ukiah would like to amend its Petition for Change in Place of Use resulting
in a reduction in the area originally sought in the July 2002 Petition. The attached
Amended Map shows the location of the requested Place of Use. Attachment "B" sets
forth the descriptions of the existing and requested Place of Use pursuant to the Petition.
INT# qr onstmore
Consulting Civil Engineers, A Corporation
Mr. Steve Herrera
February 19, 2009
Page 3 of 3
Ukiah no longer plans to include Millview and Willow County Water Districts in its
Place of Use, as was once contemplated in the original Petition and amendments.
The City of Ukiah is in the process of having the appropriate environmental document
prepared to support its Petitions. Accordingly, a copy of the adopted document will be sent to
the State Water Board as a responsible agency. Please contact me if you have any questions
regarding the foregoing amendments or any other aspect of this project.
Very truly yours,
WAGNER & BONSIGNORE
CONSULTING CIVIL ENGINEERS
Robert C. Wagner, P.E:
Encl.
COUW 105.DOC
Gagner . msiRnore
Consulting Civil Engineers, A Corporadon
Z
ATTACHMENT A
Petition to Change the Point of Diversion
City of Ukiah - Permit 12952 (Application 15704)
POINT OF DIVERSION
Existing:
POD Description
#1 (Ranney Collector) By California Coordinate System of 1927, North 546,257 feet and East
1,662,103 feet being within the SW'/a of NW'/4 of projected Section 16,
T15N, R12W, MDB&M.
#2 (Well #2) By California Coordinate System of 1927, North 546,227 feet and East
1,660,970 feet being within the SE'/4 of NE'/4 of projected Section 17,
T15N, R12W, MDB&M.
43 (Well #3) By California Coordinate System of 1927, North 543,385 feet and East
1,663,003 feet being within the SE1/a of SW'/4 of projected Section 16,
T15N, R12W, MDB&M.
Proposed:
POD Description
#1 (Ranney Collector) By California Coordinate System of 1927, North 546,257 feet and East
1,662,103 feet being within the SW'/a of NW/4 of projected Section 16,
T15N, R12W, MDB&M.
#2 (Well #2) By California Coordinate System of 1927, North 546,227 feet and East
1,660,970 feet being within the SE'/a of NE'/4 of projected Section 17,
T15N, R12W, MDB&M.
#3 (Well #3) By California Coordinate System of 1927, North 543,385 feet and East
1,663,003 feet being within the SE'/a of SW'/a of projected Section 16,
T15N, R12W, MDB&M.
#5 (Well #5) By California Coordinate System of 1927, North 546,106 feet and East
1,661,959 feet being within the SWIA of NW'/n of projected Section 16,
T15N, R12W, MDB&M.
#6 (Well #6) By California Coordinate System of 1927, North 546,350 feet and East
1,661,072 feet being within the SE'/a of NE'/a of projected Section 17,
T15N, R12W, MDB&M.
Mendocino County Assessor Parcels 179-010-08, 09 and 179-120-01
Consisting of 23.43 acres as shown on the Amended Map to Accompany
the Petitions for Change of Permit 12952 (Application 15704).
Wainer . onsi ore
Consulting Civil Engineers, A Corporation
2--'2
ATTACHMENT B
Petition to Change the Place of Use
City of Ukiah - Permit 12952 (Application 15704)
EXISTING PLACE OF USE
Within the City of Ukiah service area being within the following projected Sections 16, 17, 18,
19, 20, 21, 29, 30, 32 of T15N, R12W, MDB&M. (as shown on the map on file with the
S WRCB).
PROPOSED PLACE OF USE
Within Section 31 and projected Sections 7, 8, 16-21, 28-30, 32 and 33 of T15N, R12W,
MDB&M; Sections 13, 24 and 25 of T15N, R13W, MDB&M; all as shown on the attached
Amended Map to Accompany Petitions for Change of Permit 12952 (Application 15704).
~agner~onsi more
Consulting Civil Engineers, A Corporation
2- (400
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Citv of Ukiah Proposed
Placc of t ie
1995 Spherc of Influence)
1ARegd
- - - - - Proposed Place of Use
Point 0fDWe dwo Deaerln/Mn
Existing Point ofl)ivenion#1 (Rannev Collect): By California Coordinate System of
1927, North 546,257 feet and East 1,662,103 feet being within the S WY, of NW'/. of
projected Section 16, TISN, R12W, MDB&M
Bxiatia¢ Point ofDivenioa 12 (Well 412): By California Coordinate System of 1927,
Nonh 546,227 test and East 1,660,970 feet being within the SEY, ofNE% of projected
Section 17. TI 5N, RI 2W, MDB&M.
FrnistmPoint of Divrtaion #3 (Well 0): By California Coordinate System of 1927.
North 543,385 feet and East 1,663,003 feet being within the SE'. of SW Y. of projected
Seen.. 16, T15N, R12W, bE)B&M.
Point of Diversion #5 to be Added (Weil #5): By Califomia Coordinate System of 1927,
North 546,106 feet and East 1,661,959 feet being within the SWY. of NW!4 of projected
Section 16, TI SN, RI 2W. I fDB&M.
Point of I)ivoraion #6 to be Added (Well #6): By California Coordinate System of 1927,
North 546,350 feet and East 1,661,072 feet being within the SE. of M3 / of projected
Section 17, TI 5N. RI 2W, MDB&M.
Mendocino Co..ty A- Parcels 179-0104N,09 and 179420-01 to be Added:
Consisting of 23.43 acres as shown on the Amended Map to Accompany the
Petitions for Change of Permit 12952 (Application 15704).
ATti Oahe
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179-61::9 inh-afLhish
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I, ROBERT C. WAGNER OF 444 NORTH THIRD STREET, SUITE 325, SACRAV ENTO, CALIFORNIA, DO
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HEREBY CERTIFY THAT THIS MAP WAS PREPARED UNDER MY DIRECTSUPERVISION BASED ON THE
U.S.G.S. 7.5 MINUTE QUADRANGLES FOR UKIAH AND ELLEDGE PEAK, CALIFORNIA, AND THAT IT
CORRECTLY REPRESENTS THE PROJECT DESCRIBED IN THE ACCOMPANYING AMENDED PETITIONS,
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Map to Accompany
AND SHOWS THE LOCATION OF STREAMS IN THE IMMEDIATE VICINITY, AND IS TRUE AND CORRECT
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TO THE BEST OF MY KNOWLEDGE AND BELIEF,
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ROBERT C. WAGNER
R.C.E. NO. 52903
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ITEM NO.. 11 a
FETING DATE: May 5, 2010
AGENDA SUMMARY REPORT
SUBJECT: ADOPT THE RESOLUTION FOR THE LODI ENERGY CENTER (LEC)
APPLICATION FOR CERTIFICATION (AFC), THE POWER SALES
AGREEMENT (PSA), AND THE PROJECT MANAGEMENT AND OPERATION
AGREEMENT (PMOA). (EUD)
Overview of recommended action:
Adopt a resolution of the Ukiah City Council to:
(1) Adopt the California Energy Commission's (CEC) LEC environmental analysis, findings, and mitigation
measures along with the Council's own findings regarding the CEC as responsible agency for the significant
impacts of the Lodi Energy Center (LEC) Project and direct the City Manager or her designee to
immediately record a Notice of Determination with the County of Mendocino;
(2) Approve both the LEC Power Sales Agreement (PSA), and the LEC Project Management and Operation
Agreement (PMOA) relating to the financing, construction and operation of the LEC Combined Cycle 280
MW power plant, and authorizing the City Manager to execute these two agreements on behalf of Ukiah,
including the delegation of authority to the Ukiah City Manager to adjust Ukiah's Generation Entitlement
Share (GES) as indicated in such agreements from 1.7857% downward to a minimum of 1.4285% in the
event one or more Project Participants want to increase their GES and such downward adjustment by Ukiah
facilitates Project financing and construction; and
Recommended Action(s): ADOPT THE RESOLUTION FOR THE LODI ENERGY CENTER
(LEC) APPLICATION FOR CERTIFICATION (AFC), THE POWER SALES AGREEMENT
(PSA), AND THE PROJECT MANAGEMENT AND OPERATION AGREEMENT (PMOA).
(EUD)
Alternative Council Option(s): Reject recommendation, and provide further direction to Staff.
Citizens advised:
N/A
Requested by:
Mel Grandi, Electric Utility Director
Prepared by:
Mel Grandi, Electric Utility Director
Coordinated with:
Jane Chambers, City Manager; David Rapport, City Attorney
Attachments:
There are seven (7) attachments which can be read in full by going to the Electronic
Agenda Summary Report version. It will contain a link for each document.
Because of the extensive volume of the attachments (over 1,000 pages) it has been
provided electronically.
Attach 1: LEC Estimated Debt Service
Attach 2: LEC Project Management and Operations Agreement
Attach 3: LEC Power Sales Agreement
Attach 4: LEC Application for Certification: Final CEC Decision
Attach 5: Meyers Nave Responsible Agency Process for LEC PSA
Attach 6: Notice of Determination Appendix D Mendocino County
Attach 7: Notice of Determination Appendix D San Joaquin
Approved: ~ (1,-"L/
J11 Chambers, City Manager
(3) Designate the City Manager as the Ukiah official responsible for appointing, and from time-to-time
changing as necessary, Ukiah's representative and alternate representative on the LEC Project Participant
Committee (PPC).
Background
The Northern California Power Agency (NCPA) is developing a gas-fired power plant called the Lodi Energy
Center (LEC or Project) located in Lodi, California. The plant is nominally rated at 296 MW, but it is currently
limited to 280 MW due to transmission availability and rights.
In December 2008, the Ukiah City Council approved by resolution the Second Phase Agreement, and the
subsequent Amendment 1, which provided for funding LEC planning and development activities. Ukiah's
Generation Entitlement Share (GES) as specified in the Second Phase Agreement is 3.137% which
represented approximately 8.8 MW of Project capacity. For GES purposes, the proposed Project is
currently rated at 280 MW, and Ukiah's currently designated 1.7857% GES will provide to Ukiah
approximately 5.00 MW of this 280 MW capacity Project. Ukiah's 5.00 MW subscribed amount of Project
capability will provide about 25 percent of Ukiah's annual electric energy need. There are currently fourteen
(14) Project Participants including Ukiah as identified in Appendix A of the PSA.
As part of the initial development phase of the Project, NCPA filed an Application for Certification (AFC) with
the California Energy Commission (CEC) in September 2008. All LEC related air emission reduction credits,
water supply agreements, land use agreements, and air permits have been attained and the power island
equipment is ordered. Detailed Project engineering is approximately 50% complete.
Current Status
The AFC was approved by the CEC on April 21, 2010 and the initial development phase of the Project is
nearing completion. In order to proceed with Project financing and construction and to provide for Project
operation, the approval of the PSA, PMOA and final determination of Generation Entitlement Shares
(GES) for the LEC Project Participants is necessary. Upon approval and execution of the PSA and PMOA
by all Participants, financing activities will begin, with construction scheduled to start in July 2010 and
Project commercial operation date targeted for June 2012.
The Project construction budget, excluding necessary financing expenses is estimated to be $375 million.
Including financing costs, interest during construction and the establishment of certain reserve fund
accounts, the grand total projected cost of the Project is estimated to be approximately $450 million.
On April 22, 2010, the NCPA Commission approved the Power Sales Agreement (PSA), and it is attached
to this report. The PSA must additionally be approved by each Project Participant including Ukiah. Ukiah's
City Attorney has reviewed the PSA and has approved it as to form. A Project Participation Committee
(PPC) was formed pursuant to the Second Phase Agreement which is to be "re-established" pursuant to the
terms of the PSA. The PPC will be responsible for the governance of Project activities and will act and vote
on Project related matters in an official capacity. The decisions by the PPC will be binding upon Project
Participants and upon NCPA as the Project Manager. Each Project Participant will have one representative
on the PPC whose vote will be cast in accordance with the respective Participant's GES. One of the actions
incorporated within this City Council item is to authorize the City Manager to formally designate to NCPA the
name of Ukiah's representative and alternate representative to the PPC, and to authorize the appointment
of successor representatives as necessary.
The PSA contains provisions prescribing how the LEC Project will be financed, and establishes three (3)
separate indenture groups associated with Project financing. Indenture Group A will consist of the ten (10)
NCPA member Project Participants (which includes Ukiah) plus two (2) non-NCPA Participants (the City of
Azusa and the Power and Water Resource Pooling Authority). Indenture Group B consists of the California
Department of Water Resources and Indenture Group C consists of the Modesto Irrigation District. NCPA
Page 2 of 5
will separately sell bonds for the share of Project costs represented by Indenture Group A and Indenture
Group B. Modesto Irrigation District (Indenture Group C) will finance its share independently.
NCPA will proceed to finance the Project upon receipt of executed PSAs from all Project Participants and
completion of other necessary documentation. Upon financing of the Project, Ukiah will be bound and
obligated to pay its share of Project Cost based on billing amounts to be calculated by NCPA each month
for a period of thirty (30) years or the life of the Project, whichever is longer. The first monthly invoice from
NCPA will be issued prior to the June 2012 expected date of LEC commercial operation. In return for such
Project commitment, Ukiah will receive its GES of Project capacity, energy and other attributes (ancillary
services, environmental attributes, etc.).
Key highlights of the PSA include:
• Take or Pay Agreement: Each Participant will be obligated to pay its proportionate share of Project
Cost based on the billing amount to be calculated by NCPA each month for a period of 30 years or
the life of the project, whichever is longer. Payments are required whether or not power is produced
from the Project.
• Proportionate Entitlement: Each Participant will receive its proportionate share of Project output and
other attributes (including capacity, ancillary services, environmental attributes, etc.) from LEC
based on such Participant's GES.
• Option for Independent Fuel Purchase: Participants may provide physical fuel for the plant up to
their respective GES, or rely on NCPA to obtain such fuel supply. Gas hedging activities are not a
part of the LEC Project. NCPA intends to develop a gas hedging program separate from the LEC
Project in which NCPA Members may elect to participate.
• Rate Covenant: Participants covenant to raise rates, fees or other charges as necessary in order to
make requisite Project payments under the PSA.
• Step-up Obligations: The "step-up" obligation among Participants in case of payment default is
specific to each of the 3 indenture groups. Indenture Group A, which includes Ukiah, has a 35%
maximum step-up obligation. Operating and maintenance step-up costs flow across all Participants
in the event of a default of an indenture group. Any defaulting participant remains liable for all costs
despite any step-up by other Participants.
A second agreement entitled the Project Management and Operation Agreement (PMOA) is also attached
for approval. It is the desire of each Participant that NCPA manage and operate the LEC Project based on
NCPA's capabilities and experience in operating similar projects. NCPA has agreed to operate the Project
pursuant to the directives and guidelines of the PMOA; as such PMOA may be modified over time by the
PPC. The roles, obligations and responsibilities of the PPC and NCPA are addressed in the attached
PMOA.
Key highlights of the PMOA include:
• Project Operation: NCPA shall be responsible for planning, operating, and maintaining the Project,
and to effectuate the delivery and sale to each Participant of its share of Capacity and Energy and
other power products from the Project.
• Economic to Run: NCPA will schedule and run the Project only when it is economic to run. The
Project will participate in the Balancing Authority's available energy, capacity, and ancillary services
markets to maximize the value of the Project.
• Governance: Governance shall be by the PPC which shall determine operational guidelines for the
Project, approve annual budgets, and oversee Project activities.
• Non NCPA Member JPA Assessment: Participants that are not members of NCPA will be subject to
the annual NCPA JPA Cost Assessment, which is intended to recover a portion of NCPA overhead
costs relating to the LEC that are paid by NCPA Members directly through annual JPA assessments.
Such costs shall be separately identified and billed to each non-NCPA member Project Participant.
Page 3 of 5
® NCPA to Follow Directives: NCPA is obligated to follow the directions of the PPC in managing the
Project where such direction would affect only the Project. The LEC Project and the PPC cannot
override general NCPA procedures and policies which apply to other NCPA projects in addition to
the LEC Project.
GES Adiustment prior to Proiect Financin
Each Project Participant has the right to adjust downward its GES prior to executing the PSA. In order to
finance the Project, 100% Project subscription must be attained. Recognizing that one or several Project
Participants may want reduce or revise their levels of Project Participation and that the Project must be fully
subscribed in order to effectuate Project financing and construction, staff recommends that Ukiah authorize
an adjustment in Ukiah's GES downward to a minimum of 1.4285% (or about 4.00 MW at a 280 MW
Project capacity level) in the event that one or more Participants want to increase their GES and such
decrease in GES by Ukiah facilitates full subscription and thus helps to assure Project financing and
construction. Staff requests delegation of final determination of GES, to be between 1.4285% and
1.7857%, inclusive, be given to the Ukiah City Manager and any such change in Ukiah's GES is to occur
prior to execution of the PSA. This flexibility will assure that Ukiah's final share of LEC Project capacity is
from 4.00 MW to 5.00 MW at a 280 MW LEC Project rating level.
Fiscal Impact
The estimated cost of the development and construction of the LEC Project is $375 million, together with the
addition of approximately $75 million in financing related cost, results in total estimated Project cost of $450
million.
For Ukiah, at a GES of from 1.4285% to 1.7857% (representing from 4.00 MW to 5.00 MW at a 280 MW
Project rating), the total financed cost including construction, financing, interest during construction,
reserves, etc., is estimated to be between $6.4 to $8.0 million, which translates to an estimated total annual
debt service cost of between $448,000 and $560,000, respectively.
The estimated total LEC production cost is about $69 per megawatt hour assuming an average natural gas
price of $7.00 per MMBtu. Upon completion, LEC will be the most efficient gas powered power plant in
Northern California. As a result, it is expected to generate power at an average cost lower than the market
alternative. The total net present value benefit of this difference between the estimated market price and
LEC production cost is estimated to be $586 million over the 30 year Project life. The resultant net present
value benefit for Ukiah ranges from about $8.3 to $10.5 million depending on whether Ukiah subscribes to
4.00 MW or 5.00 MW from the LEC, respectively.
Environmental Anal
The AFC approval by the CEC includes various environmental analysis, findings and mitigation measures
under the terms of the Warren-Alquist Act (Public Resources Code section 25500 et seq.) The CEC
analysis, findings, and mitigation measures, constitute the equivalent of an environmental impact report for
purposes of the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.)
as a "certified regulatory program" pursuant to CEQA Guidelines section 152510). The CEC in effect has
acted as the "lead agency" for this Project for purposes of environmental analysis. As a consequence,
rather than conducting its own independent environmental analysis under CEQA, Ukiah is acting as a
"responsible agency" under CEQA and is thus responsible for considering the analysis, findings and
mitigation measures of the CEC and reaching its own independent conclusions on whether and how to
approve the LEC Project. (CEQA Guidelines section 15096.) Specifically, as a responsible agency, Ukiah
must consider the lead agency findings for each significant effect of the Project and make its own
appropriate findings. The attached resolution makes all necessary findings for Ukiah acting as a responsible
agency. Accordingly, the attached resolution specifically accepts the CEC's prepared environmental
documents including the mitigation conditions contained in the approval of the Application for Certification
(AFC) document.
Page 4 of 5
Recommendation
Staff recommends that the Ukiah City Council adopt attached Resolution which:
(1) Adopts the CEC environmental analysis, findings, and mitigation measures along with the Ukiah City
Council's own findings (Exhibit A attached to the Resolution) regarding the same as responsible agency for
the significant impacts of the LEC Project and directs the Ukiah City Manager, or her designee, to
immediately record a Notice of Determination (NOD) with the County of Mendocino;
(2) Approves the PSA and the PMOA, and authorizes the Ukiah City Manager to: execute these two
agreements on behalf of the City of Ukiah and includes the delegation of authority to the City Manager to
adjust Ukiah's GES as indicated in such agreements from between a minimum of 1.4285% up to a
maximum of 1.7857% in the event one or more Project Participants want to revise their GES and such
adjustment by Ukiah facilitates Project financing and construction; and
(3) Designates the Ukiah City Manager as the official responsible for appointing, and from time-to-time
changing as necessary, Ukiah's representative and alternate representative on the LEC PPC.
Fiscal Impact:
FY 10/11 - None. In FY 11/12 and in the following years the total fixed and variable cost of the plant will
likely either offset or reduce power costs for the City electric customers. During the construction period,
bond interest costs will be paid with bond proceeds.
1-1 Budgeted FY 09/10
1-1
New Appropriation
" Not Applicable
Amount Budgeted
Source of Funds
(title and
Budget Amendment Required
Account Number
Page 5 of 5
RESOLUTION No. 2010-
WHEREAS, Ukiah has elected to participate in the 280 MW Lodi Energy Center (LEC) Project being
developed by NCPA, and;
WHEREAS, Ukiah's Generation Entitlement Share in the Project is 1.7857% or approximately 5.00
MW, and;
WHEREAS, the California Energy Commission (CEC) has approved the project Application for
Certification (AFC) on April 21, 2010 and such approval by the CEC includes various environmental
analysis, findings and mitigation measures under the terms of the Warren-Alquist Act (Public Resources
Code section 25500 et seq.). The CEC's analysis, findings, and mitigation measures, constitute the
equivalent of an environmental impact report for purposes of the California Environmental Quality Act
(CEQA, Public Resources Code section 21000 et seq.) as a "certified regulatory program" pursuant to
CEQA Guidelines section 152510). The CEC has acted as the "lead agency" for this Project for purposes of
environmental analysis. As a consequence, rather than conducting its own independent environmental
analysis under CEQA, Ukiah is acting as a "responsible agency" under CEQA and is thus responsible for
considering the analysis, findings and mitigation measures of the CEC and reaching Ukiah's independent
conclusions on whether and how to approve the LEC Project. (CEQA Guidelines section 15096.), and
WHEREAS, Ukiah acting as a responsible agency has independently considered the analysis,
findings, and mitigation measures prepared by CEC as reflected in Exhibit A attached to this Resolution,
and
WHEREAS, NCPA has prepared a Power Sales Agreement (PSA) which upon execution by all the
LEC Project Participants and NCPA will permit financing, construction and operation of the Project, and;
WHEREAS, the Ukiah City Council understands that if one or more other Project Participants reduce
or want to increase their GES, Ukiah may adjust its GES downward to a minimum of 1.4285% in order to
effectuate Project financing and construction, and;
WHEREAS, the City of Ukiah is desirous of NCPA managing and operating the LEC Project on its
behalf, and on behalf of other Project participants, and NCPA has prepared a Project Management and
Operation Agreement (PMOA) which upon execution by LEC Project Participants and NCPA provides for
Project management and operation by NCPA, and;
WHEREAS, the City of Ukiah acknowledges that the PSA forms a Project Participant Committee
(PPC) which will provide Project governance and to establish, and from time to time revise, directives
related to Project capital expenditures, budgets, operations and maintenance, among other items, and that
the Ukiah City Manager is to designate a Ukiah official responsible for appointing Ukiah's representative and
alternate representative on the PPC,
NOW, THEREFORE BE IT RESOLVED, by the Ukiah Council as follows:
1. That acting in its capacity as a responsible agency for purposes of the California Environmental
Quality Act (CEQA), Ukiah hereby makes the findings as provided in Exhibit A of this resolution. The Ukiah
City Manager or her designee is hereby directed to record a Notice of Determination in the County of
Mendocino reflecting these findings.
2. That it hereby approves the Power Sales Agreement and the Project Management and Operation
Agreement, and authorizes its City Manager to execute these two agreements on behalf of Ukiah. It
additionally authorizes the City Manager to reduce Ukiah's Generation Entitlement Share as reflected in the
PSA and PMOA downward to a minimum of 1.4285% in the event one or more Project Participants desire to
increase their GES; and
3. That it designates the Ukiah City Manager as Ukiah's official responsible for appointing and from
time to time replacing, Ukiah's representative and alternate representative on the PPC, and designating
such representatives to NCPA.
PASSED AND ADOPTED by the Ukiah City Council on May 5, 2010, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Benj Thomas, Mayor
ATTEST:
JoAnne Currie, City Clerk
Page 2 of 4
EXHIBIT A
ENVIRONMENTAL FINDINGS
The City of Ukiah makes the following findings pursuant to the California Environmental Quality Act
("CEQA"), Public Resources Code section 21000 et seq., and the Guidelines implementing CEQA ("CEQA
Guidelines") Code of Regulations, title 14, section 15000 et seq.
1. The California Energy Commission ("CEC") is the lead agency for this Project under CEQA.
2. The CEC is a certified regulatory agency pursuant to CEQA section 21080.5 and CEQA Guidelines
sections 15250 -15253.
3. As a certified regulatory agency, rather than an Environmental Impact Report ("EIR"), the CEC
prepares an "EIR substitute" as the CEQA documentation for the Project.
4. The CEC's EIR substitute for this Project is the Presiding Member's Proposed Decision ("PMPD")
released on March 10, 2010 and approved by the CEC on April 21, 2010.
5. The City of Ukiah is a responsible agency for the Project under CEQA.
6. The Ukiah City Council finds that the PMPD and the CEC's process meet all of the conditions of
CEQA Guidelines section 15253 that would allow Ukiah to use and rely upon the PMPD as the
appropriate CEQA documentation for Ukiah's approvals. Specifically, Ukiah finds that:
a. The CEC is the first to grant a discretionary approval for the Project.
b. The CEC provided the City of Ukiah the opportunity to consult with the CEC and to comment
on the PMPD.
c. The PMPD considers both the significant environmental impacts of the Project that are within
the jurisdiction of the City of Ukiah, if any, and considers alternatives to the Project.
d. The CEC exercised its powers as lead agency by considering all of the environmental impacts
of the Project and made the appropriate findings pursuant to CEQA Guidelines section 15091
for each significant impact of the Project.
7. The City of Ukiah has considered the PMPD and the environmental impacts of the Project described
in the PMPD, pursuant to CEQA Guidelines 15096 subdivision (f).
8. The PMPD concludes that, as conditioned, the Project will not have any significant adverse effects on
the environment. Thus, pursuant to CEQA Guidelines 15096 subdivision (g), Ukiah finds that there
are no alternatives or mitigation measures within the powers of the City of Ukiah to adopt that would
substantially reduce or avoid any significant environmental impact of the Project.
9. Pursuant to CEQA Guidelines 15096 subdivision (h), Ukiah is required to make findings pursuant to
CEQA Guidelines section 15091 for each significant impact of the Project. Ukiah has considered the
PMPD, the description of the Project's environmental impacts contained therein, the findings of fact
Page 3 of 4
and conclusions of law contained therein, and the conditions of certification contained therein, and,
exercising its independent judgment, the Ukiah City Council finds the following:
a. For all environmental impacts of the Project, changes or alterations have been required in, or
incorporated into, the Project which will avoid or substantially lessen the significant
environmental effects as identified in the PMPD.
b. These findings are supported by substantial evidence in the record.
c. The conditions of certification imposed on the Project by the CEC are within the authority of
the CEC and will be monitored and enforced by the CEC.
10. That approval of both the Power Sales Agreement and Project Management and Operation
Agreement, providing for the financing, construction and operation of the Project has no impacts on
the environment not addressed within the prior CEC analysis.
Page 4 of 4
ATTACHMENT
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ATTACHMENT
Lodi Energy Center
Project Management a Operations Agreement
TABLE OF CONTENTS
PARTIES
RECITALS
ARTICLE l:
DEFINITIONS
ARTICLE 2:
PROJECT PARTICIPANTS
ARTICLE 3:
NCPA'S OBLIGATIONS
ARTICLE 4:
PROJECT PARTICIPANT COMMITTEE
ARTICLE 5:
PROJECT OPERATIONS AND DISPATCH SERVICES
ARTICLE 6:
ALLOCATION OF NCPA ADMINISTRATIVE COSTS AND JPA COST
ASSESSMENT FOR NON-MEMBERS
ARTICLE 7:
DIFFERENTIAL TRANSMISSION COST ADJUSTMENT
ARTICLE 8:
ACCOUNTING AND AUDITING
ARTICLE 9:
BILLING AND BILLING DISPUTES
ARTICLE 10:
AGREEMENT SCHEDULES
ARTICLE 11:
SHARED FACILITIES AND COST SHARING
ARTICLE 12:
PROJECT FUNDS
ARTICLE 13:
POTENTIAL PROJECT IMPACT
ARTICLE 14:
TERM OF AGREEMENT
ARTICLE 15:
NOTICES
ARTICLE 16:
WAIVER
ARTICLE 17:
UNCONTROLLABLE FORCES
ARTICLE 18:
LIABILITY
ARTICLE 19:
REPORTS
ARTICLE 20:
ASSIGNMENT OF AGREEMENT
ARTICLE 21:
SETTLEMENT OF DISPUTES
ARTICLE 22:
MISCELLANEOUS PROVISIONS
ARTICLE 23:
SPECIAL PROVISIONS APPLYING TO CDWR AND NCPA ONLY
1
ATTACHMENT
LODI ENERGY CENTER POWER SALES AGREEMENT
By and Among
NORTHERN CALIFORNIA POWER AGENCY
and
EACH OFT E PUBLIC AGENCIES SIGNATORY HERETO
Dated as of , 2010
OHS West:260740449.15
41009-16 EJC/EJC
ATTACHMENT
F
Application For Certification (08-AFC-10)
San Joaquin County
~r
try ~
4
APRIL 2010
(08-AFC-10)
CEC-800-2010-003-CF
ATTACHMENT
Edward Grutzmacher
riback silver & wilson Attorney at Law
professional law corporation 510.808.2000
MEMORANDUM
DATE: April 8, 2010
TO: Hari Modi
FROM: Ed Grutzmacher, General Counsel's Office
RE: Responsible Agency Process for the Lodi Energy Center PSA
INTRODUCTION
The Lodi Energy Center is a planned 296 MW combined cycle natural gas generation facility to be owned
and operated by the Northern California Power Agency ("NCPA") within the City of Lodi. The California
Energy Commission ("CEC") is currently considering approval of the siting and design of the Lodi Energy
Center and is acting as the lead agency under the California Environmental Quality Act ("CEQA"). The
CEC is a "certified regulatory agency" under CEQA. (CEQA Guidelines, 15250 -15253.) The CEC's
status as a certified regulatory agency means that the CEC does not need to prepare an Environmental
Impact Report ("EIR") for projects that the CEC is considering, but rather the Presiding Members
Preliminary Decision ("PMPD") serves as the CEQA "substitute document." (CEQA Guidelines. § 15251.)
NCPA expects that the CEC will approve the Lodi Energy Center project and the CEC's substitute
document on April 21, 2010. Since the CEC is a state agency, the CEC should file notice of its
determination with the Office of Planning and Research ("OPR") following approval. (CEQA Guidelines, §
15094(c).) NCPA, as the project proponent, will be responsible for paying the Fish & Game fee at the time
CEC files its notice with OPR. (Fish & Game Code, § 711.4; Fish and Game Guidelines, § 753.5(b)(1) &
(5))
Subsequent to CEC action on the Project, NCPA and the other participating agencies will need to approve
a PSA in order to effectuate the project. This memorandum will discuss what responsibilities NCPA and
the participating agencies have under CEQA for the approval of the PSA.
II. ANALYSIS
A. NCPA and the participating agencies are "responsible agencies" under CEQA
CEQA defines a "responsible agency" as "a public agency which proposes to carry out or approve a
project" for which a lead agency has already prepared the appropriate CEQA documentation. (CEQA
Guidelines, § 15381.) The Guidelines further state that "[f]or the purposes of CEQA, the term 'Responsible
Agency' includes all public agencies other than the Lead Agency which have discretionary approval power
over the project." (Id.)
555 Capitol Mall. Suite 1200 1 Sacramento, California 95914 1 tel 916.596.1531 1 fax 916.556.1516 1 www.meyersnave.com
LOS ANGELES - OAKLAND - SACRAMENTO ® SAN FRANCISCO - SANTA ROSA
ATTACHMENT
Notice of Determination
Appendix D
To
❑ Office of Planning and Research
For U. S. Mail: Street Address:
P.O. Box 3044 1400 Tenth St.
Sacramento, CA 95812-3044 Sacramento, CA 95814
® County Clerk
County of: Mendocino
Address: 501 Low Gap Road No. 1020
Ukiah, CA 95482
Phone: (707) 463-4376
From:
Public Agency City of Ukiah
Address: 300 Seminary Avenue
Ukiah CA 95482
Contact: Mel Grandi
Phone: 707-463-6295
Lead Agency (if different from above):
California Energy Commission
Address: 1516 Ninth Street MS- 15
Sacramento, CA 95814
Contact: Rod Jones
Phone: 916-654-5191
SUBJECT.• Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number (if submitted to State Clearinghouse):
Project Title: Lodi Energy Center ("LEC") Proms
Project Location (include county): The site for the LEC project is 4.4 acres of land in the city of Lodi, 6 miles
west of the Lodi citv center. located near Interstate-5 (I-5) aunroximately 1.7 miles south of State Route 12. (San
Joaquin County).
Project Description:
The LEC is a natural gas-fired, combined-cycle nominal 296-megawatt (MW) power generation facility located in the
City of Lodi, CA.
This is to advise that the City of Ukiah has approved the above described project on:
❑ Lead Agency or ® Responsible Agency
(Date)
and has made the following determinations regarding the above described project:
1. The project WILL NOT have a significant effect on the environment.
2. The California Energy Commission ("CEC") is a certified regulatory agency under Public Resources Code
section 21080.5 and CEQA Guidelines section 15251. The CEC prepared a substitute document for an
Environmental Impact Report pursuant to Guidelines section 15252.
3. Measures to mitigate the impacts of the LEC were made conditions of approval of the project.
4. The CEC, through a Compliance Project Manager, will monitor, oversee, and verify compliance with the
conditions of CEC approval of the project.
5. A Statement of Overriding Consideration WAS NOT adopted for the project.
6. Findings WERE made pursuant to the provisions of CEQA.
This is to certify that the CEC's substitute document in place of an EIR and the record of project approval is
available to the General Public at:
300 Seminary Avenue, Ukiah, CA
Signature (Public Agency)
Title
Date
Date Received for filing at O
Authority cited: Section 21083, Public Resources Code.
Reference: Sections 21000-21174, Public Resources Code. Revised 2005
ATTACHMENT
Notice of Determination Appendix D
To:
❑ Office of Planning and Research
For U. S. Mail: Street Address:
P.O. Box 3044 1400 Tenth St.
Sacramento, CA 95812-3044 Sacramento, CA 95814
From:
Public Agency City of Ukiah
Address: 300 Seminary Avenue
Ukiah CA 95482
Contact: Mel Grandi
Phone: 707-463-6295
® County Clerk Lead Agency (if different from above):
County of: San Joaquin California Energy Commission
44 North San Joaquin Street, #260 Address: 1516 Ninth Street. MS- 15
Address: Stockton CA 952002 Sacramento CA 95814
Phone: (209) 468-3939 Contact: Rod Jones
Phone: 916-654-5191
SUBJECT.• Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number (if submitted to State Clearinghouse):
Project Title: Lodi Energy Center ("LEC") Project.
Project Location (include county): The site for the LEC project is 4.4 acres of land in the city of Lodi, 6 miles
west of the Lodi city center. located near Interstate-5 (I-5) anproximately 1.7 miles south of State Route 12. (San
Joaquin County).
Project Description:
The LEC is a natural gas-fired, combined-cycle nominal 296-megawatt (MW) power generation facility located in the
City of Lodi, CA.
This is to advise that the City of Ukiah has approved the above described project on:
❑ Lead Agency or ® Responsible Agency
(Date)
and has made the following determinations regarding the above described project:
1. The project WILL NOT have a significant effect on the environment.
2. The California Energy Commission ("CEC") is a certified regulatory agency under Public Resources Code
section 21080.5 and CEQA Guidelines section 15251. The CEC prepared a substitute document for an
Environmental Impact Report pursuant to Guidelines section 15252.
3. Measures to mitigate the impacts of the LEC were made conditions of approval of the project.
4. The CEC, through a Compliance Project Manager, will monitor, oversee, and verify compliance with the
conditions of CEC approval of the project.
5. A Statement of Overriding Consideration WAS NOT adopted for the project.
6. Findings WERE made pursuant to the provisions of CEQA.
This is to certify that the CEC's substitute document in place of an EIR and the record of project approval is
available to the General Public at:
300 Seminary Avenue, Ukiah, CA
Signature (Public Agency)
Title
Date
Date Received for filing at OPR
Authority cited: Section 21083, Public Resources Code.
Reference: Sections 21000-21174, Public Resources Code. Revised 2005