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HomeMy WebLinkAboutFord St/ Sidnie Ct Neighborhood Committee 2005-09-22SETTLEMENT AGREEMENT BY AND BETWEEN FORD STREET/SIDNIE COURT NEIGHBORHOOD COMMITTEE, THE CITY OF UKIAH, and THE COUNTY OF MENDOCINO SETTLEMENT AGREEMENT This Settlement Agreement (Agreement) is entered into as of September 2005 ("the Effective Date"), by and between the Ford Street/Sidnie Court Neighborhood Committee, the City of Ukiah, and the County of Mendocino. RECITALS A. The City of Ukiah (City) is a general law city duly organized under the laws of the State of California. B. Ford Street/Sidnie Court Neighborhood Committee (Committee) is an unincorporated association formed in 2005. C. The County of Mendocino (County) is a county duly organized under the laws of the State of California. D. On February 7, 2005, the Committee filed a Petition for Writ of Mandate, Ford Street/Sidnie Court Neighborhood Committee v. City of Ukiah (County of Mendocino), Mendocino County Superior Court No. SCUKCVPT 0594063 (the Action) challenging the City's approval of the Orr Creek Bridge/Orchard Avenue Extension project (the project) and certification of the Revised Environmental Impact Report (REIR). E. Each of the parties believes that it would be in their best interests to settle this case without further legal proceedings. IT IS THEREFORE AGREED AS FOLLOWS: AGREEMENT In consideration of the promises contained herein, and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the City, the Committee, and the County agree as follows: 1. INCORPORATION OF RECITALS The Recitals above are expressly incorporated into this Agreement. 1 11. TERMS 1. Within ten (10) days of the Effective Date, the Committee will request a dismissal of the Action with prejudice. 2. The City will evaluate whether the relocation of the bridge is a feasible alternative to the proposed project. The evaluation will include the issuance, within ten (10) days of the Effective Date, of an Request for Proposal (RFP), in substantially the form attached hereto as Exhibit A, issued to more than two qualified environmental consulting firms. The number of firms receiving the RFP may be less than five. 3. The City will give the Committee an opportunity to review and comment on any and all responses to the RFP (proposals) and take into account the Committee's comments in deciding who is awarded the contract based on the RFP. 4. The analysis on the project alternatives prepared by the firm awarded the RFP will be presented to the City Council at a public meeting noticed as required by law, with a 10-day notice to the persons and entities at the addresses listed below in section XIII.B. 5. If the City Council determines that a project alternative is feasible and environmentally superior, as those terms are defined in CEQA, the City will prepare either a subsequent Environmental Impact Report (EIR), supplemental EIR, or an addendum to the REIR, and follow all laws, including CEQA, in processing the chosen document. 6. The City will complete the tasks described in subparagraphs 2-4 within ninety (90) days of the Effective Date. It will complete the tasks described in subparagraph 5 within the time required by law. 7. If the City Council approves the project alternative, it will consider naming the road extension Randolph Road, in memory of Bill Randolph. B. Attorneys' Fees and Costs. Each party will bear its own attorneys' fees and costs. 2 III. NO ADMISSIONS. This Agreement has been reached by the Parties to avoid the costs of prolonged litigation and to efficiently and effectively manage disputes between them as may arise concerning the Action. By entering into this Agreement, no Party admits any issue of fact or law. Except as set forth in this Agreement, the settlement of claims covered by this Agreement shall not be deemed to be an admission or concession of liability or culpability by any Party, at any time, for any purpose. Neither this Agreement, nor any document referred to herein, nor any action taken to carry out this Agreement, shall be construed as giving rise to any presumption or inference of admission or concession by any of the Parties as to any fault, wrongdoing or liability whatsoever. IV. INTEGRATION. This Agreement constitutes the final and complete Agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, promises, covenants, agreements or representations concerning any matters directly, indirectly or collaterally related to the subject matter of this Agreement. Therefore, the Parties, and each of them, acknowledge that, in determining to enter into this Agreement, each of them is relying solely upon its own investigation and evaluation of the facts and circumstances giving rise to the claims being resolved pursuant to the terms of this Agreement and not upon any promise, covenant, agreement or representation by any Party, other than the Parties' express agreements, representations and warranties contained in this Agreement. The Parties have expressly and intentionally included in this Agreement all collateral or additional agreements which may, in any manner, touch or relate to any of the subject matter of this Agreement and, therefore, all promises, covenants and agreements, collateral or otherwise, are included herein. It is the intention of the Parties to this Agreement that it shall constitute an integration of all their Agreements, and each understands that in the event of any subsequent litigation, controversy or dispute concerning any of its terms, conditions or provisions, no Party shall be permitted to offer or introduce any oral or extrinsic evidence concerning any other collateral or oral agreement between the Parties not included herein. Notwithstanding the foregoing, in accordance with section VII below, the Parties may enter into contemporaneous or subsequent written agreements that amend, modify, clarify or explain this Agreement. 3 V. COUNTERPARTS. This Agreement may be signed in counterparts and shall be binding upon the Parties as if all of the Parties executed the original. VI. WAIVER. No waiver by any Party of any provision of this Settlement Agreement shall be deemed to be a waiver of any other provision or of any subsequent breach of any other provision. No waiver by any Party of any of such Party's rights under the terms of this Agreement shall be effective unless such waiver is in a writing, signed by such Party, which expresses, by its terms, an intention to waive a Party's rights under this Agreement. VII. AMENDMENT. This Agreement cannot be amended modified, clarified or explained, except by a writing executed by the Parties which expresses, by its terms, an intention to modify this Agreement. VIII. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the Parties and their respective administrators, trustees, executors, personal representatives, successors and permitted assigns. IX. CHOICE OF LAWS. Any dispute regarding the interpretation of this Agreement, the performance of the Parties pursuant to the terms of this Agreement, or the damages accruing to a Party by reason of any breach of this Agreement shall be determined under the laws of the State of California, without reference to principles of choice of laws. X. REPRESENTATION BY INDEPENDENT COUNSEL. The Parties each acknowledge and warrant that each has been represented by independent counsel of its own selection in connection with the negotiations leading to this Agreement and the drafting of this Agreement; and that in interpreting this Agreement, the terms of this Agreement will not be construed either in favor of or against any Party. 4 j XI. DISPUTE RESOLUTION. The parties agree to submit any dispute which may arise concerning this Agreement to Mendocino County Superior Court for resolution. XII. MISCELLANEOUS. A. Headings; Section References. Captions and headings appearing in this Agreement are inserted solely as reference aids for the ease and convenience of the Parties; they shall not be deemed to define or limit the scope or substance of the provisions they introduce, nor shall they be used in construing the intent or effect of such provisions. B. Interpretation. If any provision of this Agreement is finally determined by a court to be invalid or unenforceable as written, the provision shall, if possible, be enforced to the extent reasonable under the circumstances and otherwise shall be deemed deleted from this Agreement. The other provisions of this Agreement shall remain in full force and effect so long as the material purposes of the Agreement and understandings of the Parties are not substantially impaired. C. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and permitted assigns. D. Assignment or Transfer. Neither Party shall assign or transfer this Agreement in whole or in part except with the prior written approval of the other Party. Any unauthorized attempt to assign or transfer this Agreement shall be null and void. E. Authority. Each person executing this Agreement warrants and represents that she or he has the full legal authority to enter into this Agreement on behalf of the Party for whom she or he executes this Agreement. 5 X1111. NOTICES. A. Any and all notices between the parties provided for or permitted under this agreement, or by law, shall be in writing and shall be deemed duly served: 1. When personally delivered to a party, on the date of such delivery; or 2. When sent via facsimile to a party at the facsimile number set forth below, or to such other or further facsimile number provided in a notice sent under the terms of this paragraph, on the date of the transmission of that facsimile; or 3. When deposited in the United States mail, certified, postage prepaid, addressed to such party at the address set forth below, or to such other or further address provided in a notice sent under the terms of this paragraph, five days following the deposit of such notice in the mails. B. Notices pursuant to this paragraph shall be sent to the parties as follows: If to the City of Ukiah: David Rapport Rapport & Marston 405 W. Perkins Street Ukiah CA 95482 Telephone: (707) 462-6846 Facsimile: (707) 462-4235 If to the Committee: Michele Tracy Taylor on behalf of Bill Randolph 2033 Ralston Avenue, #63 Belmont CA 94002 Telephone: (650) 281-5320 With a copy to: Rose M. Zoia Law Office of Rose M. Zoia 50 Old Courthouse Square, Suite 600 Santa Rosa CA 95404 Telephone: (707) 526-5894 Facsimile: (707) 526-5895 6 If to the County: Frank Zotter County Counsel 501 Low Gap Road Room 1030 Ukiah CA 95482 Telephone: (707) 463-4446 Facsimile: (707) 463-4592 or to such other place as may from time to time be specified in a notice to each of the parties hereto given pursuant to this paragraph as the address for service of notice on such party. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year set forth above. Dated: 2005 Ford Street/Sidnie Court Neighborhood Committee By: - - - - Michele Tracy Taylor, on behalf of Bill Randolph, Ford Street/Sidnie Court Neighborhood Committee Dated: 2005 The City of Ukiah Mar shiku, Mayor Dated: 2005 The County of Mendocino By: Chairman of the Board of Supervisors 7 Approved as to form: CITY ATTORNEY By: _ David rt Rapport & Marston Attorneys for City of Ukiah LAW OFFICE OF ROSE M. ZOIA By: - Rose M. Zoia Attorney for the Ford Street/Sidnie Court Neighborhood Committee COUNTY COUNSEL By: Frank Zotter Attorney for County of Mendocino 8 CITY F KI Orchard Avenue Extension Alternative Route Analysis quest for Proposal Introduction The City Of Ukiah recently certified an Environmental Impact Report and approved a project to extend Orchard Avenue to Orr Creek, construct a bridge over the creek, and extend the street further to Brush Street. The City is proposing to settle a law suit challenging that EIR by considering whether an alternative site for the bridge represents a reasonable and feasible project alternative, and if so, to analyze that project alternative under the standards required by CEQA, including CEQA Guidelines Section 15126.6. Scope of Work The City desires to have an objective environmental analysis performed of the alternative location of the bridge and any associated relocation of Orchard Avenue both south and north of Orr Creek. Primary topics to be included in the analysis are (1) whether the alternative is both within the range of reasonable alternatives which would feasibly attain most of the project objectives and would avoid or substantially lessen any of the significant effects of the project; and (2) If the relocation satisfies these criteria, the analysis should evaluate the relative merits of the alternative as compared to the project. In conducting that comparative evaluation, the analysis should consider noise, traffic, and biological impacts of the project and the project alternative, as well as the relative physical impacts of both the project and the project alternative on existing and proposed future land uses that would be affected by them. Description of Alternative At the existing intersection of Orchard Avenue and Ford Street, Orchard Avenue would veer to the east across private property at a 90-degree angle and extend to Highway 101 where it would then veer to the north at another 90-degree angle. It would extend north paralleling the highway, functioning as a frontage road. A new bridge would be constructed over Orr Creek in close proximity to the existing Highway 101 Bridge. From there, Orchard Avenue would extend north and connect to Brush Street (see attached diagram). The width of the Orchard Avenue right-of-way and bridge would not change with the alternative route. The Ukiah General Plan designates the Orchard Avenue road extension as a Major Arterial Street. SubConsultants The bid proposal to perform the alternative route analysis must include a list of tasks to be performed by subconsultants and the costs associated with each task. Work Performed by the City The City Public Works/Engineering Department will evaluate and determine the costs for acquiring the necessary right-of-way and potential redesign of the bridge associated with the alternative route. Bid Proposal Contents and For Proposals should be written in a narrative form which will allow the reviewers to discern the following information: professional qualifications; work program with detailed tasks; completion schedule; methodology; experience and expertise in similar projects, including success stories and list of clients; level of analysis; price quotations for each required component of the project, as well as an overall price; and presumptions upon which the proposal is based. Three copies of the Bid Proposal must be submitted to: Charley Stump, Director Planning and Community Development City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 (707) 463-6219 charleys@ci!2~fukiah.com Attachments 1. Diagram of alternative street route and bridge location 2. Regional location map 2 $ a SETTLEMENT AGREEMENT BY AND BETWEEN FORD STREET/SIDNIE COURT NEIGHBORHOOD COMMITTEE, THE CITY OF UKIA, and THE COUNTY OF MENDOCINO SETTLEMENT AGREEMENT This Settlement Agreement (Agreement) is entered into as of 2005 ("the Effective Date"), by and between the Ford Street/Sidnie Court Neighborhood Committee, the City of Ukiah, and the County of Mendocino. RECITALS A. The City of Ukiah (City) is a general law city duly organized under the laws of the State of California. B. Ford Street/Sidnie Court Neighborhood Committee (Committee) is an unincorporated association formed in 2005. C. The County of Mendocino (County) is a county duly organized under the laws of the State of California. D. On February 7, 2005, the Committee filed a Petition for Writ of Mandate, Ford Street/Sidnie Court Neighborhood Committee v. City of Ukiah (County of Mendocino), Mendocino County Superior Court No. SCUKCVPT 0594063 (the Action) challenging the City's approval of the Orr Creek Bridge/Orchard Avenue Extension project (the project) and certification of the Revised Environmental Impact Report (REIR). E. Each of the parties believes that it would be in their best interests to settle this case without further legal proceedings. IT IS THEREFORE AGREED AS FOLLOWS: AGREEMENT In consideration of the promises contained herein, and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the City, the Committee, and the County agree as follows: 1. INCORPORATION OF RECITALS The Recitals above are expressly incorporated into this Agreement. II. TERMS 1. Within ten (10) days of the Effective Date, the Committee will request and obtain approval of DAVID, I CANNOT GUARANTEE OBTAINING DISMISSAL IF THE CLERK DOES NOT FILE IT WHEN RECEIVED - IT'S BEEN KNOWN TO HAPPEN..... a dismissal of the Action with prejudice. 2. The City will evaluate whether the relocation of the bridge is a feasible alternative to the proposed project. The evaluation will include the issuance, within ten (10) days of the Effective Date, of an Request for Proposal (RFP), in substantially the form attached hereto as Exhibit A, issued to more than two qualified environmental consulting firms. The number of firms receiving the RFP may be less than five. 3. The City will give the Committee an opportunity to review and comment on any and all responses to the RFP (proposals) and take into account the Committee's comments in deciding who is awarded the contract based on the RF P. 4. The analysis on the project alternatives prepared by the firm awarded the RFP will be presented to the City Council at a public meeting noticed as required by law, with a 10-day notice to the persons and entities at the addresses listed below in section XIII.B. 5. If the City Council determines that a project alternative is feasible and environmentally superior, as those terms are defined in CEQA, the City will prepare either a subsequent Environmental Impact Report (EIR), supplemental EIR, or an addendum to the REIR, and follow all laws, including CEQA, in processing the chosen document. 6. The City will complete the tasks described in subparagraphs 2-4 within ninety (90) days of the Effective Date. It will complete the tasks described in subparagraph 5 within the time required b y law. 7. If the City Council approves the project alternative, it ti,vill consider naming the road extension Randolph Road, in memory of Bill Randolph. B. Attorneys' Fees and Costs. Each party will bear its own attorneys' fees and costs. III. NO ADMISSIONS. This Agreement has been reached by the Parties to avoid the costs of prolonged litigation and to efficiently and effectively manage disputes between them as may arise concerning the Action. By entering into this Agreement, no Party admits any issue of fact or law. Except as set forth in this Agreement, the settlement of claims covered by this Agreement shall not be deemed to be an admission or concession of liability or culpability by any Party, at any time, for any purpose. Neither this Agreement, nor any document referred to herein, nor any action taken to carry out this Agreement, shall be construed as giving rise to any presumption or inference of admission or concession by any of the Parties as to any fault, wrongdoing or liability whatsoever. IV. INTEGRATION. This Agreement constitutes the final and complete Agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, promises, covenants, agreements or representations concerning any matters directly, indirectly or collaterally related to the subject matter of this Agreement. Therefore, the Parties, and each of them, acknowledge that, in determining to enter into this Agreement, each of them is relying solely upon its own investigation and evaluation of the facts and circumstances giving rise to the claims being resolved pursuant to the terms of this Agreement and not upon any promise, covenant, agreement or representation by any Party, other than the Parties' express agreements, representations and warranties contained in this Agreement. The Parties have expressly and intentionally included in this Agreement all collateral or additional agreements which may, in any manner, touch or relate to any of the subject matter of this Agreement and, therefore, all promises, covenants and agreements, collateral or otherwise, are included herein. It is the intention of the Parties to this Agreement that it shall constitute an integration of all their Agreements, and each understands that in the event of any subsequent litigation, controversy or dispute concerning any of its terms, conditions or provisions, no Party shall be permitted to offer or introduce any oral or extrinsic evidence concerning any other collateral or oral agreement between the Parties not included herein. Notwithstanding the foregoing, in accordance with section VII below, the Parties may enter into contemporaneous or subsequent written agreements that amend, modify, clarify or explain this Agreement. V. COUNTERPARTS. This Agreement may be signed in counterparts and shall be binding upon the Parties as if all of the Parties executed the original. VI. WAIVER. No waiver by any Party of any provision of this Settlement Agreement shall be deemed to be a waiver of any other provision or of any subsequent breach of any other provision. No waiver by any Party of any of such Party's rights under the terms of this Agreement shall be effective unless such waiver is in a writing, signed by such Party, which expresses, by its terms, an intention to waive a Party's rights under this Agreement. V11. AMENDMENT. This Agreement cannot be amended modified, clarified or explained, except by a writing executed by the Parties which expresses, by its terms, an intention to modify this Agreement. VIII. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the Parties and their respective administrators, trustees, executors, personal representatives, successors and permitted assigns. IX. CHOICE OF LAWS. Any dispute regarding the interpretation of this Agreement, the performance of the Parties pursuant to the terms of this Agreement, or the damages accruing to a Party by reason of any breach of this Agreement shall be determined under the laws of the State of California, without reference to principles of choice of laws, X. REPRESENTATION BY INDEPENDENT COUNSEL. The Parties each acknowledge and warrant that each has been represented by independent counsel of its own selection in connection with the negotiations leading to this Agreement and the drafting of this Agreement; and that in interpreting this Agreement, the terms of this Agreement will not be construed either in favor of or against any Party. XI. DISPUTE RESOLUTION. The parties agree to submit any dispute which may arise concerning this Agreement to Mendocino County Superior Court for resolution. XI1. MISCELLANEOUS. A. Pleadings; Section References. Captions and headings appearing in this Agreement are inserted solely as reference aids for the ease and convenience of the Parties,- they shall not be deemed to define or limit the scope or substance of the provisions they introduce, nor shall they be used in construing the intent or effect of such provisions. B. Interpretation. If any provision of this Agreement is finally determined by a court to be invalid or unenforceable as written, the provision shall, if possible, be enforced to the extent reasonable under the circumstances and otherwise shall be deemed deleted from this Agreement. The other provisions of this Agreement shall remain in full force and effect so long as the material purposes of the Agreement and understandings of the Parties are not substantially impaired. C. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and permitted assigns. D. Assignment or Transfer. Neither Party shall assign or transfer this Agreement in whole or in part except with the prior written approval of the other Party. Any unauthorized attempt to assign or transfer this Agreement shall be null and void. E. Authority. Each person executing this Agreement warrants and represents that she or he has the full legal authority to enter into this Agreement on behalf of the Party for whom she or he executes this Agreement. X111. NOTICES. A. Any and all notices between the parties provided for or permitted under this agreement, or by law, shall be in writing and shall be deemed duly served: 1. When personally delivered to a party, on the date of such delivery; or 2. When sent via facsimile to a party at the facsimile number set forth below, or to such other or further facsimile number provided in a notice sent under the terms of this paragraph, on the date of the transmission of that facsimile; or 3. When deposited in the United States mail, certified, postage prepaid, addressed to such party at the address set forth below, or to such other or further address provided in a notice sent under the terms of this paragraph, five days following the deposit of such notice in the mails. B. Notices pursuant to this paragraph shall be sent to the parties as follows: If to the City of Ukiah If to the Committee David Rapport Rapport & Marston 405 W. Perkins Street Ukiah CA 95482 Telephone: (707) 462-6846 Facsimile: (707) 462-4235 !Vlichele Tracy Taylor on behalf of Bill Randolph 2033 Ralston Avenue, =t63 Belmont CA 94002 Telephone: (650) 28-1-5320 With a copy to: Rose M. Zoia Law Office of Rose M. Zoia 50 Old Courthouse Square, Suite 600 Santa Rosa CA 95404 Telephone: (707) 526-5894 Facsimile: (707) 526-5895 If to the County: Frank Zotter County Counsel 501 Low Gap Road Room 1030 Ukiah CA 95482 Telephone: (707) Facsimile: (707) 463-4592 or to such other place as may from time to time be specified in a notice to each of the parties hereto given pursuant to this paragraph as the address for service of notice on such party. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year set forth above. Dated: _ 2005 Ford Street/Sidnie Court Neighborhood Comm ittee B y ~ Michele Tracy Taylor, on behalf of Bill Randolph, Ford Street/Sidnie Court Neighborhood Committee Dated: 2005 The City of Ukiah Mark Ashiku, Mayor Dated: _ , 2005 The County of Mendocino B y - , Chairman of the Board of Supervisors Approved as to form: CITY ATTORNEY By: David Rapport Rapport & Marston Attorneys for City of Ukiah LAW OFFICE OF ROSE M. ZOIA By= Rose M. Zoia Attorney for the Ford Street/Sidnie Court Neighborhood Committee COUNTY COUNSEL Frank Zotter Attorney for County of Mendocino CITY OF UKIAH Orchard Avenue Extension Alternative Route Analysis Request for Proposal Introduction The City Of Ukiah recently certified an Environmental Impact Report and approved a project to extend Orchard Avenue to Orr Creek, construct a bridge over the creek, and extend the street further to Brush Street. The City is proposing to settle a law suit challenging that EIR by considering whether an alternative site for the bridge represents a reasonable and feasible project alternative, and if so, to analyze that project alternative under the standards required by CEQA, including CEQA Guidelines Section 15126.6. Scope of Work The City desires to have an objective environmental analysis performed of the alternative location of the bridge and any associated relocation of Orchard Avenue both south and north of Orr Creek. Primary topics to be included in the analysis are (1) whether the alternative is both within the range of reasonable alternatives which would feasibly attain most of the project objectives and would avoid or substantially lessen any of the significant effects of the project; and (2) If the relocation satisfies these criteria, the analysis should evaluate the relative merits of the alternative as compared to the project. In conducting that comparative evaluation, the analysis should consider noise, traffic, and biological impacts of the project and the project alternative, as well as the relative physical impacts of both the project and the project alternative on existing and proposed future land uses that would be affected by them. Description of Alternative At the existing intersection of Orchard Avenue and Ford Street, Orchard Avenue would veer to the east across private property at a 90-degree angle and extend to Highway 101 where it would then veer to the north at another 90-degree angle. It would extend north paralleling the highway, functioning as a frontage road. A new bridge would be constructed over Orr Creek in close proximity to the existing Highway 101 Bridge. From there, Orchard Avenue would extend north and connect to Brush Street (see attached diagram). The width of the Orchard Avenue right-of-way and bridge would not change with the alternative route. The Ukiah General Plan designates the Orchard Avenue road extension as a Major Arterial Street. SubConsultants The bid proposal to perform the alternative route analysis must include a list of tasks to be performed by subconsultants and the costs associated with each task. Work Performed by the City The City Public Works/Engineering Department will evaluate and determine the costs for acquiring the necessary right-of-way and potential redesign of the bridge associated with the alternative route. Bid Proposal Contents and Form Proposals should be written in a narrative form which will allow the reviewers to discern the following information: professional qualifications; work program with detailed tasks; completion schedule; methodology; experience and expertise in similar projects, including success stories and list of clients; level of analysis; price quotations for each required component of the project, as well as an overall price; and presumptions upon which the proposal is based. Three copies of the Bid Proposal must be submitted to: Charley Stump, Director Planning and Community Development City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 (707) 463-6219 charlevs(dcitvofukiah.com Attachments 1. Diagram of alternative street route and bridge location 2. Regional location map n DESIGNED: B. RANDOLPH CHECKED: ORCHARD AVENUE TITLE PROPOSE BRIDGE REALIGNMENT Y THE PATHS AN OPEN SPACE COMMITTEE SIZE I FSCM No. SCALE 1 "=900' 1 DATE 8/9/2004 SHEET 1 of 1 REV SHERWOOD .13 GPI'`'' 7• J.f'~.. _ _ y.. y vu.o. 10 12' •M6ARST . . - ._,r dnlt -i :hceUrm litre ' ~ 1 tl ...L. :L V----~1:~- `SLAKE ~ Dare _ .~.~.1. 07 7 WILLITS ~ - t.- t-_-~STONYFORO 'LL .1 fo t 1 s. / 5 TatMy a,,. - ``elf P'OTTiA VALLET' S 1. .t/~~ ~J~1:•: ¢ J • N(f.'?;:. - ' 6s .ate` ZA 71 Nct.noVKNC • % - - " ` • , o - . , iJRA.. a:.27 . b P' I \ S !.'::1~':'.Y• J?~\ aco..wocoo GO\J ° GLPCLLA.• I' 64-•: oa 77 ~ .i^--~ ~•.L' l:810N~f~ v ~._.~v £ lag 2 ) S ` . c'i 7~: \ Rt tLr+'•-."• 23 0l4, 'UPPER LAKES ®.naaet' i°.'~` t'\. Vt 67.A,yYy ..ate. JSQ- L _ A CN7 s" : v F 4 35 '~,i~ y~ !d aua rea 35 NAVARRO UKIAH t Seu NeaP«r art`,}. , S `'Q ~v~•cr '~4 .~J 8 t EL i2'0 TAIJAAOGE SJf` a . pt : «:e"• j 3 .J: a ' - :A a«~.w . 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OCCIOENTA EL 570 IO ~-t-: SESA T X ; 25 . r•1 w+e. 3 _ S OP OL ~ 6 11 1 / 1 '.'"t CGTONE d d-' •r..v..att...t ? 1 \ 0 . i ~ w . cuaN ®oocaA _ 7 . . ~ / J so-m.,v ima lb..e 6 /I 6 25 COTATI ~crT[rt an+a . 7 . / 32 P[ w _ovf rL VERANC 6 S {6 _ 81 041.6NLL m[KN d TONAIRS PETALUM1'I A 1 6 6 - - N CI OF UKIAH Regional Location 10 mile- s_-e 11 SETTLEMENT AGREEMENT BY AND BETWEEN FORD STREET/SIDNIE COURT NEIGHBORHOOD COMMITTEE, THE CITY OF UKIAH, and THE COUNTY OF MENDOCINO SETTLEMENT AGREEMENT This Settlement Agreement (Agreement) is entered into as of September 2005 ("the Effective Date"), by and between the Ford Street/Sidnie Court Neighborhood Committee, the City of Ukiah, and the County of Mendocino. RECITALS A. The City of Ukiah (City) is a general law city duly organized under the laws of the State of California. B. Ford Street/Sidnie Court Neighborhood Committee (Committee) is an unincorporated association formed in 2005. C. The County of Mendocino (County) is a county duly organized under the laws of the State of California. D. On February 7, 2005, the Committee filed a Petition for Writ of Mandate, Ford Street/Sidnie Court Neighborhood Committee v. City of Ukiah (County of Mendocino), Mendocino County Superior Court No. SCUKCVPT 0594063 (the Action) challenging the City's approval of the Orr Creek Bridge/Orchard Avenue Extension project (the project) and certification of the Revised Environmental Impact Report (REIR). E. Each of the parties believes that it would be in their best interests to settle this case without further legal proceedings. IT IS THEREFORE AGREED AS FOLLOWS: AGREEMENT In consideration of the promises contained herein, and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the City, the Committee, and the County agree as follows: 1. INCORPORATION OF RECITALS The Recitals above are expressly incorporated into this Agreement. 1 11. TERMS 1. Within ten (10) days of the Effective Date, the Committee will request a dismissal of the Action with prejudice. 2. The City will evaluate whether the relocation of the bridge is a feasible alternative to the proposed project. The evaluation will include the issuance, within ten (10) days of the Effective Date, of an Request for Proposal (RFP), in substantially the form attached hereto as Exhibit A, issued to more than two qualified environmental consulting firms. The number of firms receiving the RFP may be less than five. 3. The City will give the Committee an opportunity to review and comment on any and all responses to the RFP (proposals) and take into account the Committee's comments in deciding who is awarded the contract based on the RFP. 4. The analysis on the project alternatives prepared by the firm awarded the RFP will be presented to the City Council at a public meeting noticed as required by law, with a 10-day notice to the persons and entities at the addresses listed below in section XIII.B. 5. If the City Council determines that a project alternative is feasible and environmentally superior, as those terms are defined in CEQA, the City will prepare either a subsequent Environmental Impact Report (EIR), supplemental EIR, or an addendum to the REIR, and follow all laws, including CEQA, in processing the chosen document. 6. The City will complete the tasks described in subparagraphs 2-4 within ninety (90) days of the Effective Date. It will complete the tasks described in subparagraph 5 within the time required by law. 7. If the City Council approves the project alternative, it will consider naming the road extension Randolph Road, in memory of Bill Randolph. S. Attorneys' Fees and Costs. Each party will bear its own attorneys' fees and costs. 2 III. NO ADMISSIONS. This Agreement has been reached by the Parties to avoid the costs of prolonged litigation and to efficiently and effectively manage disputes between them as may arise concerning the Action. By entering into this Agreement, no Party admits any issue of fact or law. Except as set forth in this Agreement, the settlement of claims covered by this Agreement shall not be deemed to be an admission or concession of liability or culpability by any Party, at any time, for any purpose. Neither this Agreement, nor any document referred to herein, nor any action taken to carry out this Agreement, shall be construed as giving rise to any presumption or inference of admission or concession by any of the Parties as to any fault, wrongdoing or liability whatsoever. IV. INTEGRATION. This Agreement constitutes the final and complete Agreement of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous negotiations, promises, covenants, agreements or representations concerning any matters directly, indirectly or collaterally related to the subject matter of this Agreement. Therefore, the Parties, and each of them, acknowledge that, in determining to enter into this Agreement, each of them is relying solely upon its own investigation and evaluation of the facts and circumstances giving rise to the claims being resolved pursuant to the terms of this Agreement and not upon any promise, covenant, agreement or representation by any Party, other than the Parties' express agreements, representations and warranties contained in this Agreement. The Parties have expressly and intentionally included in this Agreement all collateral or additional agreements which may, in any manner, touch or relate to any of the subject matter of this Agreement and, therefore, all promises, covenants and agreements, collateral or otherwise, are included herein. It is the intention of the Parties to this Agreement that it shall constitute an integration of all their Agreements, and each understands that in the event of any subsequent litigation, controversy or dispute concerning any of its terms, conditions or provisions, no Party shall be permitted to offer or introduce any oral or extrinsic evidence concerning any other collateral or oral agreement between the Parties not included herein. Notwithstanding the foregoing, in accordance with section VII below, the Parties may enter into contemporaneous or subsequent written agreements that amend, modify, clarify or explain this Agreement. 3 V. COUNTERPARTS. This Agreement may be signed in counterparts and shall be binding upon the Parties as if all of the Parties executed the original. VI. WAIVER. No waiver by any Party of any provision of this Settlement Agreement shall be deemed to be a waiver of any other provision or of any subsequent breach of any other provision. No waiver by any Party of any of such Party's rights under the terms of this Agreement shall be effective unless such waiver is in a writing, signed by such Party, which expresses, by its terms, an intention to waive a Party's rights under this Agreement. VII. AMENDMENT. This Agreement cannot be amended modified, clarified or explained, except by a writing executed by the Parties which expresses, by its terms, an intention to modify this Agreement. VIII. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of, and be enforceable by, the Parties and their respective administrators, trustees, executors, personal representatives, successors and permitted assigns. IX. CHOICE OF LAWS. Any dispute regarding the interpretation of this Agreement, the performance of the Parties pursuant to the terms of this Agreement, or the damages accruing to a Party by reason of any breach of this Agreement shall be determined under the laws of the State of California, without reference to principles of choice of laws. X. REPRESENTATION BY INDEPENDENT COUNSEL. The Parties each acknowledge and warrant that each has been represented by independent counsel of its own selection in connection with the negotiations leading to this Agreement and the drafting of this Agreement; and that in interpreting this Agreement, the terms of this Agreement will not be construed either in favor of or against any Party. 4 XI. DISPUTE RESOLUTION. The parties agree to submit any dispute which may arise concerning this Agreement to Mendocino County Superior Court for resolution. XII. MISCELLANEOUS. A. Headings; Section References. Captions and headings appearing in this Agreement are inserted solely as reference aids for the ease and convenience of the Parties; they shall not be deemed to define or limit the scope or substance of the provisions they introduce, nor shall they be used in construing the intent or effect of such provisions. B. Interpretation. If any provision of this Agreement is finally determined by a court to be invalid or unenforceable as written, the provision shall, if possible, be enforced to the extent reasonable under the circumstances and otherwise shall be deemed deleted from this Agreement. The other provisions of this Agreement shall remain in full force and effect so long as the material purposes of the Agreement and understandings of the Parties are not substantially impaired. C. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties, and their respective successors and permitted assigns. D. Assignment or Transfer. Neither Party shall assign or transfer this Agreement in whole or in part except with the prior written approval of the other Party. Any unauthorized attempt to assign or transfer this Agreement shall be null and void. E. Authority. Each person executing this Agreement warrants and represents that she or he has the full legal authority to enter into this Agreement on behalf of the Party for whom she or he executes this Agreement. 5 XIII. NOTICES. A. Any and all notices between the parties provided for or permitted under this agreement, or by law, shall be in writing and shall be deemed duly served: 1. When personally delivered to a party, on the date of such delivery; or 2. When sent via facsimile to a party at the facsimile number set forth below, or to such other or further facsimile number provided in a notice sent under the terms of this paragraph, on the date of the transmission of that facsimile; or 3. When deposited in the United States mail, certified, postage prepaid, addressed to such party at the address set forth below, or to such other or further address provided in a notice sent under the terms of this paragraph, five days following the deposit of such notice in the mails. B. Notices pursuant to this paragraph shall be sent to the parties as follows: If to the City of Ukiah: David Rapport Rapport & Marston 405 W. Perkins Street Ukiah CA 95482 Telephone: (707) 462-6846 Facsimile: (707) 462-4235 If to the Committee: Michele Tracy Taylor on behalf of Bill Randolph 2033 Ralston Avenue, #63 Belmont CA 94002 Telephone: (650) 281-5320 With a copy to: Rose M. Zoia Law Office of Rose M. Zoia 50 Old Courthouse Square, Suite 600 Santa Rosa CA 95404 Telephone: (707) 526-5894 Facsimile: (707) 526-5895 6 If to the County: Frank Zotter County Counsel 501 Low Gap Road Room 1030 Ukiah CA 95482 Telephone: (707) 463-4446 Facsimile: (707) 463-4592 or to such other place as may from time to time be specified in a notice to each of the parties hereto given pursuant to this paragraph as the address for service of notice on such party. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year set forth above. Dated: 2005 Ford Street/Sidnie Court Neighborhood Committee By: Michele Tracy Taylo~n beh of Bill Randolph, Ford Street/Sidnie Court Neighborhood Committee Dated: Q 9~i/~/ 2005 The City of Ukiah Mar shiku, Mayor Dated: 2005 The County of Mendocino Chairman of the Board of Supervisors 7 Approved as to form: CITY ATTORNEY By:-- - - - David rt Rapport & Marston Attorneys for City of Ukiah LAW OFFICE OF ROSE M. ZOIA By: Rose M. Zoia Attorney for the F Street/Sidnie Court Neighborhood Committee COUNTY COUNSEL By: 6"VV-P- ~~'~~4 - Frank Zotter U- j Attorney for County of Mendocino 8 CITY OF UKIAH Orchard Extension Alternative Analysis Request for Proposal Introduction The City Of Ukiah recently certified an Environmental Impact Report and approved a project to extend Orchard Avenue to Orr Creek, construct a bridge over the creek, and extend the street further to Brush Street. The City is proposing to settle a law suit challenging that EIR by considering whether an alternative site for the bridge represents a reasonable and feasible project alternative, and if so, to analyze that project alternative under the standards required by CEQA, including CEQA Guidelines Section 15126.6. Scope of Work The City desires to have an objective environmental analysis performed of the alternative location of the bridge and any associated relocation of Orchard Avenue both south and north of Orr Creek. Primary topics to be included in the analysis are (1) whether the alternative is both within the range of reasonable alternatives which would feasibly attain most of the project objectives and would avoid or substantially lessen any of the significant effects of the project; and (2) If the relocation satisfies these criteria, the analysis should evaluate the relative merits of the alternative as compared to the project. In conducting that comparative evaluation, the analysis should consider noise, traffic, and biological impacts of the project and the project alternative, as well as the relative physical impacts of both the project and the project alternative on existing and proposed future land uses that would be affected by them. Description of Alternative At the existing intersection of Orchard Avenue and Ford Street, Orchard Avenue would veer to the east across private property at a 90-degree angle and extend to Highway 101 where it would then veer to the north at another 90-degree angle. It would extend north paralleling the highway, functioning as a frontage road. A new bridge would be constructed over Orr Creek in close proximity to the existing Highway 101 Bridge. From there, Orchard Avenue would extend north and connect to Brush Street (see attached diagram). The width of the Orchard Avenue right-of-way and bridge would not change with the alternative route. The Ukiah General Plan designates the Orchard Avenue road extension as a Major Arterial Street. Exhibit A SubConsoltants The bid proposal to perform the alternative route analysis must include a list of tasks to be performed by subconsultants and the costs associated with each task. Work Performed by the City The City Public Works/Engineering Department will evaluate and determine the costs for acquiring the necessary right-of-way and potential redesign of the bridge associated with the alternative route. Bid Proposal Contents and Form Proposals should be written in a narrative form which will allow the reviewers to discern the following information: professional qualifications; work program with detailed tasks; completion schedule; methodology; experience and expertise in similar projects, including success stories and list of clients; level of analysis; price quotations for each required component of the project, as well as an overall price; and presumptions upon which the proposal is based. Three copies of the Bid Proposal must be submitted to: Charley Stump, Director Planning and Community Development City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 (707) 463-6219 charleys@cityofukiah.com Attachments 1. 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PORT FROIS y6GUEPINE 3 - VILLd rVaTUn - - PAR + o. pw. ~1 r*tNrOo- l 4 tm 6i w i\ 3 MONTE n y eNJ.I !0 - 2t- A O jeNNI t.aM1' RIO ATOM R 160' . T «,.•®wa 7( 3-SANTA" u , soa ^ ~cA....cc«RR iS._b 3 \occloENTA ROSAI~,t`~ s 10 570 :.3y 0+ 6` SEBASTOPOL 63 r ` I . PREeSTOtIe l~- "Cre~rnQM`^\ O ' 3 R? au« Rush ooocaw 2 ' ' . , eootu 3 7 i soho-.v fbi. I+eRr i~ 6 - 25 COTAn ~a« y Y I 3{ ~*hcwov[ EL VCRANC g~ . y +6 TOHAL[f PETALUkiA 1 6 s 10 CI OF UKIAH Regional Location 10 miles Exhibit A Exhibit A