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HomeMy WebLinkAbout2010-12-01 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 1, 2010 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report On' Receipt Of California Commission On Peace Officer Standards And Training (POST) Workshop Funding And Approval Of Budget Amendment b. Award Of Bid For Purchase Of 2500 Gallons Of Aluminum Chlorhydrate To Hercules, Inc. @ $4.07 / Gallon For The Total Amount Of $10,175.00, Plus Tax C. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status d. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well e. Notification To The City Council Of The Construction Of A Rock Buttress On Fish Hatchery Road By Gregg Simpson Trucking f. Award Purchase Of 1080 Cubic Feet Of Anthracite Filter Media To ERS Industrial Services, Inc. In The Amount Of $11,877.57. g. Approval Of Amendment #1 To Green Valley Consulting Engineers For Construction Management & Inspection Services For Gobbi/Oak Manor/Babcock Lane Re -Alignment And Associated Budget Amendment & Fund Transfer h. Award Purchase Of Diving Board For The Ukiah Municipal Pool By Recreonics, Inc. In The Amount Of $10,128 Plus Associated Shipping Costs Purchased With Grant Funds For Pool Renovation. 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. Approval Of Budget Amendment To Fund Contract With Wagner And Bonsignore For Engineering Services Pertaining To Support Of The City's Water Right Petition And Other Water Services In The Amount $50,000 11. NEW BUSINESS a. Approval of Contract with Seabrook & Associates (Formerly The Phillips Group) To Perform Building Permit Plan Check and Substitute Building Inspection Services b. Consideration And Approval Of The City Of Ukiah Tree Management Guidelines And Consideration Of The Tree Advisory Group's Future Priorities C. Award Of Bid For The Roof Replacement At Todd Grove And Vinewood Parks, As Well As The Parks Department Shop And Approval Of Corresponding Budget Amendment. d. Appointment Of New Mayor And Vice Mayor e. Discussion And Possible Action Regarding Organization Of Ad/Hoc And Standing Committees Of The City Council f. Discussion And Possible Approval Of Streetlight Pole License For PG&E SmartMeter Equipment g. Approve The Purchase Of 12 Apple iPad Devices To Support The City Of Ukiah's Paperless Agenda Initiative In The Amount Of $11,205.97 h. A Report To City Council Regarding Preservation Of The Ukiah Downtown Post Office Location 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 –Existing Litigation Government Code Section 54956.9 Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, SCUK1057183 b. Conference with Legal Counsel—Anticipated Litigation Initiation of litigation pursuant to subdivision c of Government Code Section 54956.9: (1 case) C. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Miscellaneous Unit and Management Unit d. Conference with Real Property Negotiators (§54956.8) Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, North Coast Railroad Authority, Weston Solutions Inc., and Administrative Office of the Courts Under Negotiation: Price and Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-01, 02, 03, 11, 14 and 18 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Administrative Office of the Courts Under Negotiation: Price and Terms 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, 8:00 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 24th day of November 2010. JoAnne Currie, City Clerk City af'Z.Ikiaf1 ITEM NO.. MEETING DATE: AGENDA SUMMARY REPORT 7a December 1, 2010 SUBJECT: REPORT ON RECEIPT OF CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) WORKSHOP FUNDING AND APPROVAL OF BUDGET AMENDMENT Background: Early in 2010, the City Council approved, Measuring What Matters Most, the 2010 — 2015 Ukiah Police Department Strategic Plan. The goal areas for the department's 5 year plan include: • Reducing Crime and the Fear of Crime • Improving the Quality of Life in Our Neighborhoods • Enhance Community and Police Partnerships • Develop Personnel • Continued Accountability This initial strategic planning work was approved by the City Council in 2007 to assist the department in managing significant increases in workload, implementation of the new officers added to the department as a result of Measure S, (from 27 sworn officer positions to 32 sworn officer positions), and to answer the question of how the department should evolve to meet the needs of the Ukiah community. In 2009, while the department's strategic plan was being finalized, budget restrictions caused a number of organizational changes to the department, including; • A 20% reduction in Sworn Officer staffing from 32 Sworn Officers to 26 Sworn Officers • Elimination of 1 Police Records Clerk • Transfer of responsibility for the City Parking Program, Enforcement Activities and Parking Fines Billing to Police Department • Elimination of City Code Enforcement Officer, and transfer of Code Enforcement Program and duties to the Police Department • Elimination of City Animal Control Officer, and transfer of Animal Control Program and responsibilities to the Police Department Fiscal Impact: Budgeted FY 10/11 1-1 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested (Revenue) $10,000 POST Revenue 100.0600.487.000 $4,000 (Expense) $28,000 Training and Conference 105.2001.160.000 $4,000 Continued on Page 2 Recommended Action(s): Approve Budget Amendment to Revenue Account 100.0600.487.000 ($4,000) and Expense Account 105.2001.160.000 ($4,000). Alternative Council Option(s): Provide Staff with Alternative Direction Citizens advised: N/A Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: None Approved: (�q J n Chambers, City Manager SUBJECT: REPORT ON RECEIPT OF CALIFORNIA COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) WORKSHOP GRANT AND APPROVAL OF BUDGET AMENDMENT Background Continued: While the department has reduced staff and assumed additional responsibilities, the department has continued to experience significant increases in calls for police services. In 2004 and 2005, while additional sales tax revenues were being considered by the community to support Police and Fire Services, the department responded to an average of 50 calls for police services a day. In 2009, the department responded to an average of 76.9 calls of service a day, and today in 2010, the department responds to an average of 84 calls for service a day. The department's experienced its highest single month demand for police services this summer, responding to 112 calls for service per day during August of 2010. Discussion: To assist the department in balancing our reduced work force, additional responsibilities, and an increased workload, while implementing the Department's 5 year strategic plan, the department applied to the California Commission on Peace Officer Standards and Training (POST) for additional training funds. These additional POST funds are available to departments through a competitive funding process, once every other year, and are designed to provide, through management level training, ways to assist departments in planning for and meeting the challenging situations law enforcement faces. Recently, the Ukiah Police Department's application and funding request of $4,000 was approved by POST to assist our department, which is scheduled to be conducted in January of 2011. The California Commission on Peace Officer Standards and Training uses pre -approved vendors to assist agencies with these types of management level training courses, and staff has selected Switzer Associates, Leadership Solutions, to assist us in facilitating our training. Switzer Associates has worked with agencies throughout California in planning and organizational audits, including many communities comparable to the Ukiah community. Recommendations: Staff recommends that Council approve a budget amendment in the amount of $4,000 dollars to Revenue Account 100.0600.487.000 (POST Reimbursements) and Expense Account 105.2001.160.000 (Conference and Training). ITEM NO.. 7b MEETING DATE: December 1, 2010 Gi,aV aJz-1kinfit AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR PURCHASE OF 2500 GALLONS OF ALUMINUM CHLORHYDRATE TO HERCULES, INC. @ $4.07 / GALLON FOR THE TOTAL AMOUNT OF $10,175.00, PLUS TAX Background: Submitted for the City Council's consideration and action is staff's recommendation that the purchase of 2500 gallons of Aluminum Chlorhydrate be awarded to Hercules, Inc. at the unit price of $4.07 / gallon for the total cost of $10,175.00, plus tax. Aluminum Chlorhydrate is used at the Water Treatment Plant in the filtration units as a coagulant to facilitate the removal of particulates from the raw water. Requests for bids were sent to 24 chemical suppliers. Other bids received were from Jenfitch, LLC for the price of $4.526 per gallon plus tax, and Polydyne, Inc. for the price of $7.33 per gallon plus tax. Funds have been budgeted and are available. Fiscal Impact: ® Budgeted FY 10/11 F-1 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $42,000.00 Water Fund Chemicals 820.3908.520.000 Recommended Action(s): Approve award of bid to Hercules, Inc. in the amount of $10,175.00, plus tax, for 2,500 gallons of Aluminum Chlorhydrate. Alternative Council Option(s): Reject bids and provide staff with direction. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Paul Smith, Water Treatment Plant Supervisor, and Jane Chambers, City Manager Attachments: N/A Approved: a�=� Jan hambers, City Manager ITEM NO.: MEETING DATE: City of Ukiah AGENDA SUMMARY REPORT 7c December 1, 2010 SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage Emergency as a Stage I, Il 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 to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during Continued on page 2 Recommended Action: 1. City Council receive the status report on water shortage emergency Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Lauren McPhaul, Public Works Water & Sewer Project Coordinator Coordinated with: Tim Eriksen, Director of Public Works and City Engineer Attachments: Attachment 1 — Resolution Attachment 2 — Letter to SCWA Approved: 46r)6 Chambers, City Manager Subject: Drought and Water Shortage Status Meeting Date: December 1, 2010 Page 2 of 2 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. 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. Lake Mendocino storage is now 67842 acre-feet. The state is predicting a dry year so staff recommends the continuation of the voluntary conservation measures. It should be noted that the construction of the pump house at Oak Manor well #8 is completed. Staff anticipates that this well will be in operation within the next month. Once the City Electric Department can get power to the facility, the well should be fully operational. Regional Issues The administrative draft of The Water Supply Assessment for the Ukiah Valley Area Plan (UVAP) has been released for comment. This plan was originally drafted a few months ago. The original was flawed with inaccurate data. County staff has done an admiral job at rewriting this document. However, with the recent changes in county staff at the water agency, the status of this study is uncertain. ATTACHMENT—__L_ RESOLUTION NO. 200947 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UJOAH DECLARING LOCAL EMERGENCY PURSUANT TU THE EM ERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF THE U10AH CITY CODE AREAS, 1. Lake Mendocino and the Russian River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and 2. Average rainfall; through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009is 23 inches; and 3. There lave been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April - June is 4.8 inches; and • 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and ` 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzeneggerto declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SVfRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWA") to reduce in -stream flows in the Russian River to 75 cfs from April 6 -June 30, 2009 and to as low as 25 efs for the period July 1-06tober 2, 20,09, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April 1 -June 30, 2009; and 11. The order approving temporary changes to the minimum in-stream flows required by the apptopriative 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 Iocal agencies pursuant to agreement or at the direction ofthe Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code §§ 8631-86-34); and 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 Uldah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate. provisions of Division 4, Chapter 1, Article 1 l of the Ukiah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as may -be required to reduce water demand to coincide with available supply; and 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in Lake Mendocino; and 19. Stage 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, THEREFORE, BE IT RESOLVED that the City Counoil 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 Ukiah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 {"Conservation Period', and to report back to the City Cocuicil 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 M emergency, if necessary to achieve that level of water use; c. at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in. a Stage II 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 preserveas much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E. aldwin, Mayor ATTEST? Litld rYwIffity Clerk —s r April 28, 2009 �, , •� Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. 1 do not ltnow 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 bad 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 assisttis 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 44. The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well #3 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date. will be Well 44, which is percolated groundwater, • On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone» 707/463-6200 Fax4 70714$3-6204 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 21)09. 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 mid unreasonable use: Typical water waster penalties include, in the order implemented: I . 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 tine attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463= 6213 if you have questions regarding this information. Sincerely, ?ane A. C ambers Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Uldah Water Use Water Use (MG) Annual Water Use 2007 2008 MG 2008/2004 2008 1192.968 -11.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2% 2006/2004 2005 1223.542 -9.2% 2005/2004 2004 1345,744 149.782 Water Use (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 96.743 87.507 87.865 -109 -9% May 145.402 121.505 132.345 -16% -9% June < 262.897 149.782 143.469 -8% -12% July 185.876 164.473 158,899 -1296 -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 -13% -13% ac -ft 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 57.046 27.598 62.754 -52% .10% May 11.2.803 72.833 111.365 -35% -1% June 129.493 109.976 102.115 -15% -21% July 131.935 101631 109.09 -2096, -17% August 126'768 104:658 101.593 -17% -20% Sept. 117.755 88.134 85.318 -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 `l6,1999, among parties, which`formalizes an agreement to implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined in the MOU are generally recognized as standard defiinitions of water conservation measures. 1. CUWCC Demand Management Measures implemented The existing conservation The City of Ukiah has had a water conservation program in piece 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 11.41/16 in 2008 compared to 2004. Currently, the City's conservation program includes the following DMMs: DMM 9. Water survey programs for single-family residential and multi-famiiyresidential 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, teak detection, and repair. The City performs leak detection and repair on an ongoing basis. The City, also, calculates system water losses annually and reports this information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City is currently replacing old meters in the system. The new meters will provide a more accurate reading of water use within the City. The City recently went through a rate re -structuring that is believed will reduce water uses in the future._ DMM S. Large landscape conservation programs and incentives. The City's !Tanning Department reviews all landscape plans proposed for new developments. included in the City's Municipal Code is a requirement for all landscape placating to be "those which grow well in Ukiah's climate without extensive Irrigation." City staff reviews the water use of its top 5 water users and holds meetings with them on a regular 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 stufFers, distribution of the Consumer' Confidence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional Information at local expositions and'fairs, and on the City website advertised to the community on a,banner across a City thoroughfare. The City also provides tee '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. Four science classes on public water supply at the highschool 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 conservation, The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter.size. The new rate structure Incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place on the water system. 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 pari:: "Where negligent or wasteful use of water exists on a customer's premises ... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service may be discontinued if necessary.. DMM 14. ResidentialUL,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. if. Additional Water Conservation Measures In addition to the DMMs, the City has also taken the following actions:: 1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the use of waterless urinals in all City facilities and In the publio sector. The use of these urinals has received very positive feedback from Facilities staff who would like to Install these in the Ukiah Valley Conference Center. - 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Agencies, and the Sonoma County Water Agency. 3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it impacts water -related issues. The City Council reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. Ill. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of its water utility. A tiered inclining Mock rate structure and. excess use charge are being evaluated to -encourage water conservation., The City has submitted a pre -application to the State Water Resources Control Board State Revolving Fund to construct a recycled water system, The City's Wastewater Treatment Plant improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.5 MGD In the winter of Title 2.2 unrestricted use recycled water. Other immediate and long-term conservation measures include: ■ Installation of waterless urinals and dual flush toilets in all Citybuildings (immediate) • Sign the CaliforniaUrban 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 term) • Water waste ordinance prohibiting; (immediate) 1. gutterflooding 2. carwash fundraisers 3. nnri-recycling decorative water fountains 4. breaks or leaks in the water delivery system • incentives for Retrofits (long term). a:, low flow shower heads 2. toilet displacement devices B. toilet flappers 4. faucet aerators s. high efficiency washing machines G. ultra-low flow toilets ITEM NO.: MEETING DATE: Git.J vf'Tiklafl. AGENDA SUMMARY REPORT 7d December 1, 2010 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF OAK MANOR DRIVE WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in resolution number 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. Gobbi Well 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 Continued on Page 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: Lauren McPhaul, Public Works Water & Sewer Project Coordinator Coordinated with: Jane Chambers, City Manager Attachments: None. Approved: za��— ulall� ne Chambers, City Manager Subject: Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well Meeting Date: December 1, 2010 Page 2 of 2 was November 10th. The time required from the bid opening to substantial completion of the Gobbi Street well bead and pump house was approximately five months. Oak Manor Well 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 began April 26, 2010. The pump house at Oak Manor well #8 is complete. All equipment is in place and DPW staff is waiting on completion of the Oak Manor site work to enable our utilities crews to complete installation of the electrical power. Staff anticipates that this well will be in operation within the next couple of weeks. DPW has confirmed all conduits from Gobbi Street to the Oak Manor intersection well site are in place. ITEM NO.: MEETING DATE: city cif' Wk ah AGENDA SUMMARY REPORT 7e December 1, 2010 SUBJECT: NOTIFICATION TO THE CITY COUNCIL OF THE CONSTRUCTION OF A ROCK BUTTRESS ON FISH HATCHERY ROAD BY GREGG SIMPSON TRUCKING Background: This project is a result of the floods of 2005/2006 which damaged a portion of the dirt road that connects Standley Street and the historic Fish Hatchery site on Gibson Creek. The Fish Hatchery Road is on private property, but the City has an easement for the use of the road as an access to the Fish Hatchery property. Discussion: For the Fish Hatchery Road Repair Project Specification No. 08-14, there was an additive bid item - "Construct Rock Buttress at Uphill Side of Road". Because that repair would not be funded by FEMA, and use of the road is minimal, staff recommended that the bid item be rejected. However, when more of the hillside was exposed by construction activity, the geotechnical engineer hired by the City recommended that the rock buttress be constructed in order to prevent future hillside slippage that would necessitate future maintenance work on the Fish Hatchery Road. It was agreed with the contractor that he would do the work at the unit price he had bid in his proposal. This caused the total cost of the project to exceed the bid amount plus 10% contingency by $5,679. Fiscal Impact: ❑X Budgeted FY 10/11 F-1 New Appropriation F-1 Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $25,000 Public Works Engineering 100.3001.250 $0 Continued on Paae 2 Recommended Action(s): Report to Council of the construction of a rock buttress on the Fish Hatchery Road during the Fish Hatchery Road Repair Project Alternative Council Option(s): Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Alan Hasty, Assistant Engineer — Department of Public Works Coordinated with: Jane Chambers, City Manager Attachments: none Approved: OAIU— V` Chambers, City Manager city aj" cUkia.Fr. ITEM NO.: MEETING DATE: AGENDA SUMMARY REPORT 7f December 1, 2010 SUBJECT: AWARD PURCHASE OF 1080 CUBIC FEET OF ANTHRACITE FILTER MEDIA TO ERS INDUSTRIAL SERVICES, INC. IN THE AMOUNT OF $11,877.57. Submitted for the City Council's consideration and action is staff's recommendation to approve the purchase of 1080 cubic feet of anthracite filter media for the Advanced Waste Treatment (AWT) units at the City's Wastewater Treatment Plant. The AWT units provide final treatment of wastewater prior to discharge to the Russian River. As the units operate, a loss of filter media occurs due to the action of backwashing the filters, which is the process by which they are cleaned of the accumulated material removed from the wastewater stream. In order to restore filter efficiency and capacity, the lost media must be replenished. Bids for Anthracite media were solicited from 14 suppliers, with 11 bids received. ERS Industrial Services, Inc. was the low bidder at the total bid amount of $11,877.57, which includes tax and shipping. Below is a summary of the bids received. SUPPLIER TOTAL PRICE ERS Industrial Services, Inc. $11,877.57 CEI Anthracite $13,060.44 Red Flint Sand & Gravel $13,173.85 Carbon Activated Corporation $13,785.50 George L. Throo , Co. $14,082.24 Anthracite Filter Media Co. $14,254.06 Res-Kem General Water $14,772.00 Genesis Water Technologies $15,070.00 Northern Filter Media $15,033.60 Prominent Systems, Inc. $20,646.00 Siemens Water Technologies $25,404.75 Funds for this purchase have been budgeted in the WWTP Operation and Maintenance Fund under account number 612.3580.800.000 and adequate funds are available. Fiscal Impact: Budgeted FY 09/10 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $250,000.00 Rehabilitate AWT Units 612.3580.800.000 N/A Continued on Page 2 Recommended Action(s): Award purchase of 1080 cubic feet of Anthracite filter media to ERS Industrial Services, Inc. for the amount of $11,877.57. Alternative Council Option(s): Reject bids and provide direction to Staff. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works Prepared by:. Andrew T. Luke, WWTP Supervisor and Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager Attachments: Approved: Ja Chambers, City Manager ITEM NO.. MEETING DATE: Ci tJ of . 7.1 k afr AGENDA SUMMARY REPORT 7g December 1, 2010 SUBJECT: APPROVAL OF AMENDMENT #1 TO GREEN VALLEY CONSULTING ENGINEERS FOR CONSTRUCTION MANAGEMENT & INSPECTION SERVICES FOR GOBBI/OAK MANOR/BABCOCK LANE RE -ALIGNMENT AND ASSOCIATED BUDGET AMENDMENT & FUND TRANSFER Background & Discussion: As City Council is aware, construction for the Gobbi Street/ Oak Manor/ Babcock Lane re -alignment is almost complete. PG&E has relocated the joint pole so that the City may complete the project. The delay in relocating the pole, among other items as listed in Attachment #1, has required the City's Construction & Inspection Management Firm to incur additional time and expenses. Staff is requesting approval of Amendment #1 to the original contract with Green Valley Consulting Engineers for a sum of $22,095. The original contract amount was $123,020. Funds are available in special projects reserve account 699.260.026. In addtition to the approval of Amendment #1 staff is requesting approval for the associated budget amendment and fund transfer of $22,095 to be expended from fund 330.9813.930.001, Gobbi/Oak Manor/Babcock Realignment account. Fiscal Impact: Budgeted FY 10/11 ❑X New Appropriation Not Applicable X❑ Budget Amendment Required Reserve Amount Source of Funds (title and #) Account Number Addit. Appropriation Requested $25,000 699.260.026 330.9813.930.001 $22,095 Continued on Page 2 Recommended Action(s): Approve amendment #1 to original contract with Green Valley Consulting Engineers and associated budget amendment and transfer. Alternative Council Option(s): None recommended Citizens advised: Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Jarod Thiele, Public Works Administration Coordinated with: Jane Chambers, City Manager; Jan Newell, Finance Controller Attachments: Amendment #1 Approved: Ja hambers, City Manager GreenValIEa,,, CONSULTING ENGINEERS=- November 5, 2010 Mr. Tim Eriksen Public Works Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 ( T:Oilinq "i c,rrr rr(AW Re: Gobbi Street/Oak ManorBabcock Lane Intersection City of Ukiah Contract 09-02 ATTACHMENT_ 1.l1 II e:11)1011".".4-11 I() c Jo011i lie n I_,nrlsrsil.x %i]i<�i' `r tui,., Subject: Request for Amendment #1 to our Construction Management & Inspection Contract Dear Tim: We are writing to request an amendment to our original contract for inspection and construction management services associated with the Gobbi Street/Oak Manor/Babcock Lane Intersection Improvement Project. Our original contract was for the amount of $123,020 and we are requesting an additional $22,095. This request for additional budget is to compensate Green Valley for additional work performed from October 25, 2010 thru the completion of the project. The project is estimated to be complete December 3, 2010 for the physical work, with an additional 7 days needed for the closeout work (change orders, PG&E claim, Granite claims, as -built drawings, final payments, project files). Factors that could impact this estimated completion date are the weather and removal of the PG&E joint pole. In addition, based on conversations with the Contractor, we have taken into account the fact that the project will be shut down on Thanksgiving week. I have estimated that inspection will average 4 hours per day for 10/25/10 through 11/1910 and 11/29/10 through 12/5/10. Inspection = 25 days @ 4 hours/day @ $117/hour (includes vehicle) = $11,700. 1 have estimated that Construction Management will average 3 hours per day for 10/25/10 through 11/24/10 and 11/29/10 through 12/10/10. CM = 33 days @ 3 hours/day @ $105/hour = $10,395. Total for Amendment #1 is $22,095. Additional Scope of Services The following construction issues have resulted in delays to the project and added an increased number of working days, which necessitated additional inspection and construction management time. 335 Tesconi Circle, Santa Rosa, California 95401 • web www.gvalley.com • tel 707.579.0388 • fax 707.579.3877 r GreenVallev CONSULTING ENGINEERSr@ j't;••7(r'?til,tj `(r..u,I!':ftl0\� C..rh•�atinq IrilYltil'�r.»i•t� PG&E Gas Line in Stream Channel IIk.11*1 it Ileal CII InoeI hie C Ivj� t.'i't t)Ill �: f'I �ItCj r t?11s1.1 Ur:I ini'l I 1 IFI 1'1;.I <.1(•!nt�ltl, IonrJ':,r.apk.; ,arcIu[t tt:ulc' I:Inra 1.11 %JV PG&E delayed removing the gas main from the creek channel from approximately May 2010 until the end of October 2010. The gas line was so close to the wing -wall footing that the Contractor was forced to hand -dig for the footing. The gas line was ultimately exposed and required the Contractor to pull it away from the footing per direction of PG&E. Additionally, Fish & Game and Water Quality permits required all work to be out of the stream area by October 15, 2010. We were able to obtain a Fish & Game extension. In spite of numerous phone calls, e- mails, & meetings, PGE delayed removing the gas main out of the stream until October 22, 2010. The PG&E delay also delayed the Contractors work on the wing -wall & installation of rock slope protection (RSP) in the stream area. PG&E Joint Pole PGE has delayed removing the joint pole from the middle of the intersection until November 19, 2010 from the original date of May, 2010. The Contractor was able to do some work around the pole but this delayed the overall completion of the project, pushed the project into the rainy season, and added change order costs to the City. Additional Design Work There were changes to the project that required design work. In lieu of having the designer (in Eureka) prepare these designs, we determined that the City could save money and delays to the project if Green Valley did this design work. There were ten small design projects for adding new facilities and re -designing of existing facilities. This design was tracked on a separate charge number although the time spent has been charged against the CM budget. Relocate Pedestrian Bridge at School There is consideration for replacing the existing pedestrian bridge at Oak Manor School with the Gobbi pedestrian bridge that was removed from the Gobbi Project. Our additional CM time has been for various meetings with the school officials, Assistant City Manager, Green Valley survey crew, Contractor, and City Public Works. "Friends of Gibson Creek" I received about eight e-mails from this environmental watch dog group that the City asked me to respond to. In addition I was required to attend meetings with City Planning Department, on site with an arborist, and prepare change orders for special tree protection measures. 335 Tesconi Circle, Santa Rosa, California 95401 • web www.gvalley.com • tel 707.579.0388 9 fax 707.579.3877 GreenValley CONSULTING ENGINEERS - i o"tofinO Yi,,Lor Lay 0'e'-.11'ilirl iofoorl'OW Babcock Bridge Installation nitjnii 111;11 crtgini:•rt in l (on SI I ( t ion. Iran;.l q('I11 teI It Jcinrlv.o!w .ttc IIIt. Oc fl.11i� 1,110 Sil l'bi�ylnt.j During construction the Contractor installed the pre -cast bridge sections approximately V too high. Added costs to the CM budget were for the Green Valley survey crew to check grades to determine if this affected anything else, like the profile grade. Electrical conduit The City Electrical Department had the Contractor install new electrical conduit through the new Bridge and connect to new vaults under a change order. I understand that that the Contractor's installation cost will be reimbursed to Public Works. However the CM and inspection costs were charged against the original budget and there were about 20 hours- of my time for design and meetings and 6 days for inspection time. If you feel that we have overlooked something or are missing any relevant information, please do not hesitate to contact me. Thank y r y r consideration in amending our contract. ene Harris Construction Manager c. Liz Ellis, Principal Delia H., Admin 335 Tesconi Circle, Santa Rosa, California 95401 • web www.gvalley.com • tel 707.579.0388 • fax 707.579.3877 ITEM NO.. 7h MEETING DATE: AGENDA SUMMARY REPORT December 1, 2010 SUBJECT: AWARD PURCHASE OF DIVING BOARD FOR THE UKIAH MUNICIPAL POOL BY RECREONICS, INC. IN THE AMOUNT OF $10,128 PLUS ASSOCIATED SHIPPING COSTS PURCHASED WITH GRANT FUNDS FOR POOL RENOVATION. The Community Services Department, in collaboration with the Purchasing Supervisor, released a Request for Bid for a one meter diving board tower and diving board for the Ukiah Municipal Swimming Pool. There were five bidders who responded. The lowest comprehensive bid for equipment was submitted by Recreonics, Inc in the amount of $10,128. This work is part of the larger pool renovation, however, the diving board will be purchased with funds that must be utilized by December 31, 2010. The purchase for the diving board equipment is budgeted in the Park Development Fund 140.6050.930.008 and funded through State grant funds. Fiscal Impact: FRI Budgeted FY 10/11 F-1New Appropriation Not Applicable Budget Amendment Required Amount Source of Funds (title and #) Account Number Addtl. Appropriation Requested $10,128 & shipping Park Dev Fund, Pool Renovation 140.6050.930.008 N/A Recommended Action(s): Award purchase of diving board for the Ukiah Municipal Swimming Pool to Recreonics, Inc in the amount of $10,128 plus associated shipping costs. Alternative Council Option(s): Remand to staff with further direction. Citizens advised: WMS Aquatics Recreonics, Inc. Lincoln Equipment Waterworks Ind. Dive Tower 7,942 6,548 9,999 15,837 Board Not included. 2,765 3,400 Subtotal 7,942 9,313 13,399 15,837 Tax 695 815 1,172 1,386 TOTAL 8,637 10,128 14,571 17,223 Lead time: Not specified. 21-28 wk days Not specified. 4-5 weeks This work is part of the larger pool renovation, however, the diving board will be purchased with funds that must be utilized by December 31, 2010. The purchase for the diving board equipment is budgeted in the Park Development Fund 140.6050.930.008 and funded through State grant funds. Fiscal Impact: FRI Budgeted FY 10/11 F-1New Appropriation Not Applicable Budget Amendment Required Amount Source of Funds (title and #) Account Number Addtl. Appropriation Requested $10,128 & shipping Park Dev Fund, Pool Renovation 140.6050.930.008 N/A Recommended Action(s): Award purchase of diving board for the Ukiah Municipal Swimming Pool to Recreonics, Inc in the amount of $10,128 plus associated shipping costs. Alternative Council Option(s): Remand to staff with further direction. Citizens advised: n/a Requested by: n/a Prepared by: Katie Merz-Marsolan and Maya Simerson, Community Services Department Coordinated with: Mary Horger, Purchasing Supervisor Attachments: n/a Approved:_ ne Chambers, City Manager 8074: DESIGN STANDARDS FOR MAJOR STREETS IN ALL SUBDIVISIONS: Page 1 of 1 8074: DESIGN STANDARDS FOR MAJOR STREETS IN ALL SUBDIVISIONS: Major streets in all subdivisions shall be constructed according to the following design standards: Minimum right of way width, 80 feet; Pavement width, 64 feet or two 32 feet; Four (4) driving lanes, minimum width of each, 12 feet; Two (2) parking lanes, minimum width of each, 8 feet; Curb and gutter, 6 inches vertical; Sidewalks, both sides, width 5 feet. (Ord. 533, §4.15, adopted 1958) http://www.sterlingcodifiers.com/CA/Ukiah/l 1002005000005000.htm 12/1/2010 ITEM NO.: 10a MEETING DATE: December 1, 2010 Gita cif-,Uki zFi AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT TO FUND CONTRACT WITH WAGNER AND BONSIGNORE FOR ENGINEERING SERVICES PERTAINING TO SUPPORT OF THE CITY'S WATER RIGHT PETITION AND OTHER WATER SERVICES IN THE AMOUNT $50,000 Background: On August 18, 2010 The City Council held a special meeting at the Ukiah Valley Conference Center on the Subject of the City's Water Right Permit. The purpose of this workshop was to discuss the impact on the City's appropriative water right permit of limiting future use of water under that permit to the sphere of influence proposed in the City's 1995 General Plan. The City's water rights consultant, Bob Wagner of Wagner & Bonsignore (W&B), prepared and presented the information to the City Council. W&B has provided the City with water related engineering services since the City Council approved the contract on September 1, 2004, and the scope of services remain essential to the City's on-going water rights petition, as well as to preparing additional water rights information requested by the City Council at its August 18 water workshop. Discussion: Funding of the work done since 2004 through this contract has been provided through a series of Council approved amounts through mid -year budget adjustments and/or annual budget appropriations. To date, $315,000, over the course of six years since 2004, has been approved for this effort, or an average of $52,500 per year. This is far less than the City would spend if it attempted to provide in-house for the highly technical expertise it receives from this contract. In the transition of placing water under Public Works, the need to budget for further funding was overlooked, so that the previously budgeted and Council approved funding from FY 07/08 has been exhausted. In order to move forward with the engineering services the City needs to support the water right petition to be filed with the State Water Resources Control Board ( SWRCB), as well as to bring forward information the City Council requested at its August 18 water rights workshop, Council action is necessary to approve the requested budget amendment. Continued on Page 2 Recommended Action(s): Approval Of Budget Amendment To Fund Contract With Wagner And Bonsignore For Engineering Services Pertaining To Support Of The City's Water Right Petition and Other Water Services In The Amount $50,000 Alternative Council Option(s): N/A Citizens advised: NA Requested by: Tim Eriksen, Director of Public Works and City Engineer Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: David Rapport, City Attorney, Jane Chambers, City Manager Attachments: None Approved: �� &,If"� a e Chambers, City Manager Fiscal Impact: The funding recommended in order to continue the immediate work necessary for further water petition and water rights engineering assistance is $50,000. Review of this amount and any further recommendations for funds will be made as part of the FY 2011/2012 water budget process. 1 10/11 FlAppropriation Budgeted FY New x Not Applicable Budget Amendment [I Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $0 820 Fund Balance 820-3901250 $50,000 ITEM NO.. 11a MEETING DATE: AGENDA SUMMARY REPORT December 1, 2010 SUBJECT: APPROVAL OF CONTRACT WITH SEABROOK AND ASSOCIATES (FORMERLY THE PHILLIPS GROUP) TO PERFORM BUILDING PERMIT PLAN CHECK AND SUBSTITUTE BUILDING INSPECTION SERVICES SUMMARY: The Phillips Group is a consulting firm that has provided building permit plan check and substitute building inspector services for the City for many years. Staff was recently notified that the firm has been sold to one of its principals and the name has been changed to Seabrook and Associates. While the firm will move into new offices, the services and staff will remain the same. The City Attorney has advised that because of the sale of the company and the name change, a new contract with Seabrook and Associates must be approved by the City Council. This agenda item is seeking City Council approval of a contract with Seabrook and Associates to perform essentially the same services previously provided by The Phillips Group. One service modification is to include consultation, advice, and recommendations concerning accessibility requirements pursuant to Senate Bill 1608 that became effective on January 1, 2009. SB 1608 requires cities to have an accessibility certified inspector on staff or under contract for internal and public assistance. Seabrook and Associates has the capability to provide this service. One other minor service modification we've added is for the consultants to be available to communicate directly with and answer questions from permit applicants, architects, and engineers. Seabrook and Associates is agreeable to providing this service. Fiscal Impact: Budgeted FY 09/10 F� New Appropriation ❑X Not Applicable ❑ Budget Amendment Required Recommended Action(s): 1) Approve the Contract with Seabrook and Associates to perform building permit plan check, substitute building inspection, and other related services. Alternative Council Option(s): Provide alternative direction to Staff. Citizens advised: N/A 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, and Melody Harris, Risk Manager Attachments: 1) Professional Consultant Services Agreement Approved: OA,— J e Chambers, City Manager Attachment 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this day of , 2010 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "CITY" and Seabrook and Associates, a California Corporation, organized and in good standing under the laws of the state of California, hereinafter referred to as "CONSULTANT". RECITALS This Agreement is predicated on the following facts: a. CITY is mandated to review building plans to determine whether they comply with the City of Ukiah Municipal Code and California Building Code. b. CITY is mandated to inspect building projects to determine whether the work is consistent with the approved plans and all applicable codes and laws. c. CITY needs substitute building inspection services from time to time when the City Building Inspector is absent from the office. d. CITY needs expert assistance to address and answer questions pertaining to accessibility requirements consistent with the requirements of SB1608 (Chapter 549 of the Statutes of 2008), effective January 1, 2009 ("SB 1608"). e. CONSULTANT represents that it has the qualifications, skills, experience and is properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. TERMS OF AGREEMENT 1.0 SCOPE OF SERVICES CONSULTANT shall provide CITY with the following services: A. CONSULTANT shall perform the following services as requested from time to time by CITY'S Director of Planning and Community Development or assigned designee: Conduct full service or partial review of plans and documents for building projects in the City of Ukiah to determine whether such plans and documents are in substantial compliance with Building Regulations of the Ukiah City Code and with the California Building Code. A full service review is defined as a non-structural, structural, and energy conservation plan check. A structural review is defined as a structural only plan check. An energy review is defined as an energy only plan check. 2. When such determination has been made, CONSULTANT shall notify the originator of the documentation as to any lack of compliance found. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 1 OF 7 3. CONSULTANT will review re -submission of corrected documentation and repeat the process, if necessary, until compliance is obtained. 4. CONSULTANT will then return all plans and documents, corrected by the originator as necessary, to CITY'S Building Inspector with a statement that compliance has been determined. 5. CONSULTANT agrees to perform plan review services according to the following time table: a. Residential Projects: Initial plan check, including the issuance of a letter of review, shall be completed within ten (10) working days upon CONSULTANT's receipt of a complete submittal package. All subsequent plan checks shall be completed within five (5) working days of the CONSULTANT's receipt of the submission. b. Non -Residential Projects: Initial plan check, including the issuance of a letter of review, shall be completed within fifteen (15) working days upon CONSULTANT's receipt of a complete submittal package. All subsequent plan checks shall be completed within ten (10) working days of CONSULTANT's receipt of the submission. B. In addition, CONSULTANT shall be responsible and shall be readily available to CITY'S Director of Planning and Community Development or Building Inspector for the handling and answering of any and all questions, inquiries, and correspondence referred to CONSULTANT by the Director of Planning and Community Development or Building Inspector regarding services performed under this agreement. C. CONSULTANT shall be readily available to communicate directly and answer questions from permit applicants, architects, and engineers. D. CONSULTANT shall provide substitute building inspection services to the CITY if requested. Inspections will be performed to verify compliance with the CITY'S Building Regulations, in accordance with CITY'S policies and procedures. CONSULTANT will provide appropriate transportation, cell phone, and all necessary tools and materials to provide proper inspection services. E. CONSULTANT shall be available and provide answers to all questions and provide. services pertaining to accessibility requirements consistent with the requirement of Senate Bill 1608. F. CONSULTANT shall stand ready to begin to perform services required by this agreement on and after the Effective Date, and shall perform such services diligently until this agreement is terminated according to the procedures herein. 2.0. COMPENSATION FOR SERVICES A. CITY shall pay CONSULTANT for Building Permit plan check review services as follows: Full service review including first re -check: 80% of the City's plan check fee. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December2010 PAGE 2 OF 7 3.0 2. Structural only review including first re -check: 55% of the City's plan check fee. 3. Structural and energy review including first re -check: 65% of the City's plan check fee. 4. Energy only review including first re -check: 25% of the City's plan check fee. 5. Subsequent re -checks and other services shall be paid based on CONSULTANT's schedule of hourly rates attached hereto "Exhibit A", and by this reference incorporated herein. B. City shall pay CONSULTANT for substitute building Inspection services on an hourly basis according to Exhibit "A." C. Payments prescribed herein shall constitute all compensation to CONSULTANT for all costs of service, including but not limited to, direct costs of labor of employees engaged by CONSULTANT, one-way travel expenses, telephone charges, typing, duplication, computer time, and any and all other costs, expenses, and charges of CONSULTANT, his agents and employees. D. Payments to CONSULTANT for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to CONSULTANT, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine the expenses claimed. E. Should changes in compensation be required because of changes to the Scope -of - Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope -of -Work" means different activities than those described in Section 1.0, Scope of Services, and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. OWNERSHIP OF DOCUMENTS A. Ownership of Work and Rights: (1) Work made for hire. The term "Documents" includes, but is not limited to, all designs, drawings, specifications, and other technical data produced by CONSULTANT in performing under this Agreement. Said Documents constitute a work made for hire, as that term is defined in Section 101 of Title 17 of the United States Code (the Copyright Act). (2) Assignment of Copyrights. If all or part of the Documents is, for any reason, deemed not to be a work made for hire, CONSULTANT agrees to execute all documents necessary to transfer to CITY the ownership of any and all rights, Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 3 OF 7 including but not limited to copyrights, that CONSULTANT may have in the documents. (3) Waiver of Moral Rights. To the extent that CONSULTANT has any moral rights (droit moral) or similar rights in the Documents under the law of any jurisdiction, CONSULTANT expressly waives those rights. CONSULTANT waives any right to have the documents attributed to CONSULTANT or to prevent the Documents from being modified, edited, transformed, or otherwise adapted as CITY may deem necessary. (4) Ownership of Documents. CITY will own the exclusive rights to and in the documents, including, but not limited to, all United States and International copyrights and other intellectual property rights. In the event that this Agreement is terminated, CITY will own the exclusive rights including, but not limited to, all United States and International copyrights and other intellectual property rights, in the portion of the Documents actually completed. (5) CONSULTANT agrees that CITY shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and other technical data pertaining to the work. Upon termination of this agreement for any reason or by either party, and upon completion of this agreement, all notes, designs, drawings, specification and other technical data produced under this agreement shall be transferred to and become property of CITY upon its request without additional compensation. B. CONSULTANT shall maintain the aforementioned records and any other records related to the performance of this agreement, and shall allow CITY access to such records, for a period of three (3) years after termination of the Agreement. 4.0 CONFLICT OF INTEREST CONSULTANT covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. CONSULTANT further covenants that in the performance of this Agreement, no persons having any such interest shall be employed. 5.0 INSURANCE LIABILITY 5.1 Without limiting CONSULTANT's obligations arising under Paragraph 5.2 CONSULTANT shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 4 OF 7 2. ISO Form No. CA 0001 (Ed. 1/87) 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. Errors and Omissions liability insurance . appropriate to the CONSULTANT's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance CONSULTANT shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. 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: $1,000,000 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. 4. Errors and Omissions liability: $1,000,000 per occurrence. 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 Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE50F7 automobiles owned, hired or borrowed by the CONSULTANT for the full period of time allowed by law, surviving the termination of this Agreement. 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 in 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. 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend for a period of one year after the termination of this Agreement. 4. 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 Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 6 OF 7 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 CONSULTANT shall include all subcontractors or sub-CONSULTANTs as insured under its policies or shall furnish separate certificates and endorsements for each sub -contractor or sub -CONSULTANT. All coverage for sub -contractors or sub-CONSULTANTs shall be subject to all insurance requirements set forth in this Paragraph 6.1. 5.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, CONSULTANT agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of CONSULTANT in the performance of services under this contract by CONSULTANT, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and ' litigation expenses. References in this paragraph to City or CONSULTANT, include their officers, employees, agents, and subcontractors. 6.0 CONTRACT PROVISIONS 6.1 Governing Law. CONSULTANT shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 6.2 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 6.3 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 7 OF 7 6.4 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 6.5 Assignment. CONSULTANT's services are considered unique and personal. CONSULTANT shall not assign, transfer, or sub -contract its interest or obligation under all or any portion of this Agreement without CITY's prior written consent. 6.6 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 6.7 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay CONSULTANT for services provided under this Agreement; 3) CITY has abandoned and does not wish to complete the project for which CONSULTANT was retained; or 4) on fifteen (15) days prior written notice by either party. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to CONSULTANT. CITY shall pay the CONSULTANT only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, CONSULTANT shall provide to CITY all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the CONSULTANT under this Agreement. CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off -set for any direct or consequential damages CITY may incur as a result of CONSULTANT's breach of contract. 6.8 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 7.0 NOTICES Whenever notice or a document is required to be served or given, it shall be deemed given or served, when received if delivered by fax, email, certified U.S. Mail, overnight courier, such as UPS or Federal Express, or 48 hours after deposit in the U.S. Mail with first class postage affixed. Any such document or notice shall be delivered as follows: CITY OF UKIAH Charley Stump, Director Planning and Community Development City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 FAX: Email: Seabrook & Associates Plan-Check/Substitute Building Inspection Services December 2010 PAGE 8 OF 7 CONSULTANT Eric Seabrook, President Seabrook & Associates 1550 Airport Blvd., Suite 202 Santa Rosa, CA 95403 FAX: Email: 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: PRINT NAME: IRS IDN Number CITY OF UKIAH BY: City Manager ATTEST City Clerk Seabrook & Associates Plan-Check/Substimte Building Inspection Services December 2010 PAGE 9 0177 Date Date Date EXHIBIT A HOURLY RATE SCHEDULE CLASSIFICATION Principal Senior Plan Check Engineer Plan Check Engineer Senior Plans Examiner Plans Examiner Permit Technician Building Inspector Non -Technical Support Effective 12-01-10 61SEABROOK & ASSOCIATES Building Code Consulting since 1978. RATE PER HOUR $195.00 $165.00 $145.00 $145.00 $130.00 $115.00 $ 85.00 $ 80.00 city o,'`z. kiafi. ITEM NO.: 11b MEETING DATE: AGENDA SUMMARY REPORT December 1, 2010 SUBJECT: CONSIDERATION AND APPROVAL OF THE CITY OF UKIAH TREE MANAGEMENT GUIDELINES AND CONSIDERATION OF THE TREE ADVISORY GROUP'S FUTURE PRIORITIES Background: In December of 2008, a group of concerned citizens requested that the City Council consider drafting and adopting a tree preservation ordinance. Due to the cost ramifications of such an ordinance, the City Council determined that a citizen advisory committee should be formed to explore alternate approaches to tree preservation that would not require substantial amounts of staff time and ongoing costs. In early 2009, a citizen advisory committee was formed to address tree preservation issues. The committee was named the Tree Advisory Group (TAG) and has met regularly since its inception. Discussion: Among the top priorities of TAG was to create a comprehensive set of policies for the management of trees on City property. In cooperation with City staff, the TAG has completed the attached document titled City of Ukiah Tree Management Guidelines and requests that Council officially adopt the proposed guidelines. The intent of the document is to provide direction for the proper care and maintenance of trees on City property. The request from the TAG is included as Attachment #1 and the proposed Tree Management Guidelines are included as Attachment #2. In addition to considering the proposed Guidelines, the TAG also requests that Council support the following future goals: • Update the City Master Tree List • Create a Landmark Tree Program • Improve education and outreach Furthermore, the Planning Commission had an extensive discussion with regard to the future role of the TAG and the corresponding minutes from the meeting are included as Attachment #3 for review and consideration. Continued on Page 2 Recommended Action(s): 1. Approve the proposed City of Ukiah Tree Management Guidelines 2. Provide direction to the TAG Alternative Council Option(s): Do not approve proposed Tree Management Guidelines and remand to staff or the Tree Advisory Committee with direction. Citizens advised: Tree Advisory Group Requested by: Tree Advisory Group Prepared by: Sage Sangiacomo, Assistant City Manager and Katie Merz, Community Services Administrator Coordinated with: Jane Chambers, City Manager Attachments: 1. The Tree Advisory Group Letter 2. Proposed Tree Management Guidelines 3. Draft Planninq Commission Minutes (TAG Discussion) Approved: J Chambers, City Manager In summary, the Planning Commission by consensus recommended the City Council consider keeping the TAG together as a voluntary organization to work on tree issues, programs, and policies. In addition to the above listed goals, the Planning Commission also recommended that the TAG work on policies to protect trees during construction. Staff recommends that the Council approve the proposed Tree Management Guidelines and provide additional recommendations for TAG's future priorities that are consistent with the past direction to pursue tree preservation strategies that do not require substantial amounts of staff time and ongoing costs. .Fiscal Impact: 1-1 Budgeted FY 09/10 New Appropriation Not Applicable Budget Amendment Required Attachment # `1 November 8, 2010 Dear City Council Members: The Tree Advisory Group (TAG) is presenting to you for comment and adoption of the new City of Ukiah Tree Management Guidelines TAG was formed in February 2009 and includes tree specialists, city staff, planning commissioners, members of Releaf and Friends of Gibson Creek and other concerned citizens. The group has met regularly over the past 18 months. It was chaired by its own members, by facilitator. Michael Kisslinger and for a time by City Council member Mary Anne Landis. The impetus for the formation of this group was a series of events these past several years. Many Ukiahians had expressed their concern that the City wasn't doing enough to care for and preserve cherished trees. In December 2008, Friends of Gibson Creek asked the Council to adopt a tree ordinance and provided the City of Davis' tree ordinance as the preferred model because it included many recommendations made by the International Society of Arboriculture (ISA) for enacting an effective tree ordinance. A tree ordinance provides uniformity for everyone and demonstrates that a city is committed to seriously protecting its urban canopy. The City of Ukiah was not ready to consider an ordinance in 2008. A group of concerned citizens started TAG and met to discuss how to update existing guidelines, such as the Community Forest Management Plan adopted by the City Council in 1994. After TAG started the revision, city staff presented a draft version of new guidelines, and TAG has continued to work on and refine these guidelines. After more than a year of meetings and many fruitful discussions among the TAG members, with city staff and different commissions, we believe we have achieved a document that is a great improvement over existing documents. It emphasizes adherence to Best Management Practices, as specified by professional organizations. It specifies a training schedule for city staff. It emphasizes the importance of protecting the trees' root zone. It urges city staff to mulch the root zone with wood chips or leaf mulch which city staff has already implemented. Also, it stresses the importance of working with volunteer groups. The Guidelines have been vetted by three commissions (Planning Commission, Paths, Open Space and Creeks Commission and Recreation, Parks and Golf Commission) and affected city departments. We hope that the Council will adopt the Guidelines and support TAG in continuing the important work of tree protection. The group has identified these further goals: *Update the City Master Tree List *Create a Landmark Tree Program •Improve education and outreach Yours sincerely, TAG Participants: Darcie Antle, Tim Eriksen, Annie Esposito, Miles Gordon, Mel Grandi, Susan Knopf, Bruni Kobbe, Mary Anne Landis, Bob Mandel, Katie Merz, Pete Passof, John Phillips, Judy Pruden„ Linda Sanders, Sage Sangicamo, Rick Seanor, Nick Thayer, Jerry Whitaker, Chuck Williams, Greg Young and Jim Xerogeanes t,'` 1� F t t d pg t• F ww i�''7 i NO TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 1.0 PURPOSE STATEMENT The purpose of this document is to provide policy guidelines for the preservation, maintenance and enhancement of the urban forest in parks and other areas maintained by the staff and contractors of the City of Ukiah. These guidelines are based on policy from the City of Ukiah General Plan Growth Management Program adopted by the City Council December 6, 1995 and amended June 16, 2004 and the City of Ukiah Community Forest Management Plan, adopted by the City Council on November 3, 1993. " Trees are a precious legacy which improve our quality of life and enhance our community image and pride. Trees enrich air and water quality, provide wildlife habitat, increase aesthetic value, reduce soil erosion, and help us to maintain a sense of rural community. " Community Forest Management Plan Vision Statement 2.0 DEPARTMENTS AFFECTED 2.1 Community Services Department 2.2 Public Works Department 2.3 Electric Utility Department 2.4 Planning and Community Development Department 3.0 RESPONSIBILITY The department directors shall be responsible for the implementation of these polices and guidelines and all staff shall be trained and shall abide by these guidelines and policies as outlined in this document. City Council shall approve any significant amendments or changes to the Tree Management Guidelines and Policies proposed by staff and community partners before they are adopted. 3.1 The Directors of the departments are responsible for the preservation, care and maintenance of trees as follows: 3.1.1 Community Services Department is responsible for all trees in public parks. 3.1.2 Public Works Department is responsible for all trees in the public right of way and creeks. 3.1.3 Electric Utility Department is responsible for trimming of trees to maintain clearance from primary electric lines and facilities 3.1.4 Planning and Community Development Department is responsible for oversight of all landscaping plans filed by the applicant. 3.2 Partnerships: Volunteers and/or community groups shall be important partners to achieve objectives for urban forestry. 2 1 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 4.0 TRAINING City staff shall receive training on all procedures listed in this document, including on-site classes and/or training provided by Mendocino College and assorted qualified arboricultural professionals on a regular schedule to ensure that proper methods are utilized. All City of Ukiah staff performing tree care duties within the City's urban forest shall attend a minimum of two training workshops annually. A workshop for dormant care of trees will be held in the Fall/Winter months. A second workshop will occur in the Spring/Summer to train for the growing season. Workshops will include, but not limited to: proper seasonal maintenance; best practices for soil conditioning; proper pruning techniques; and plant identification. Workshops will generally be held in the field and last about two hours and will be run by a qualified arboricultural professional with expertise in best practices for urban forest care. 5.0 POLICY GOALS The Tree Management Guidelines focus on long-term protection of the City's trees and have been developed for the preservation, planting, care, removal or disposition of trees, replacement planting in parks, along streets and in other public areas. The City of Ukiah intends that these guidelines and policies shall remain in effect, however, they will be subject to change based upon arboricultural standards, community input and staff recommendations. Suggestions for changes to the Guidelines must be submitted in writing to a department director. They will then be discussed with community partners and staff and then submitted to the City Council for approval. 6.0 GUIDELINES FOR TREE CARE AND MAINTENANCE Staff and contracted professionals shall utilize International Society of Arboriculture's Best Management Practices (ISA BMP) and/or American National Standards Institute (ANSI). A Glossary of terms is included in Section 9.0. Specific criteria as detailed in the ISA BMP shall be established and applied to for the removal and/or pruning of trees located in or on City property. The same criteria shall be used to evaluate the overall public benefit of the proposed work. In all cases, safety concerns shall receive priority. In addition, priority will be given to limiting removal, increasing forest canopy, and preserving appropriate vegetation on park property. 3 1 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.1 Tree Preservation: The health and physical state of trees shall be maintained and protected whenever possible. Instances not specifically covered elsewhere in this policy include: 6.1.1 Conservation of Landmark Trees: These are individual trees that are considered unique because of size, species, historical significance and shall be given extra protections and consideration for retention. Refer to the Glossary of Terms. 6.1.2 Existing Trees: Staff shall change use patterns in root zones whenever practical. For example: Vehicles parked or materials stored in the root zone shall be subject to an education and/or enforcement campaign to reverse the damage to the tree roots; pathways causing excessive compaction around tree roots shall be relocated if other options are deemed insufficient. Fencing, boulders, logs and landscaping are reasonable deterrents to reduce further damage and shall be used whenever practical. Refer to ISA BMP Integrated Vegetation Management. 6.1.3 Special consideration shall be given for unique situations. Every effort shall be made to protect trees growing near underground streams. 6.1.4 Storm water flooding and sedimentation of drainage areas shall be properly considered before tree removal. 6.1.5 The relationship of vegetation to slope stability will be a primary consideration in all proposed vegetation management on slopes. 6.1.6 Diseased or Infested Plants That Pose Risk to Trees: Action shall be taken to effectively decrease risk to other trees from pests and diseases. This may include removal and destruction of affected materials, pesticide treatments and/or alternative cultural practices. Other qualified experts shall be consulted as needed. Refer to ISA BMP Integrated Pest Management; City of Ukiah Integrated Pest Management Plan. 6.1.7 Damage, Vandalism and Illegal Cutting: Action shall be taken whenever possible to investigate and prosecute vandalism and illegal cutting of city -owned trees. Compensation for damages shall be sought based on the appraised value in accordance with The Guide for Plant Appraisal as authored by the Council of Tree and Landscape Appraisers. 6.2 Planting: Planning before planting can ensure that the right tree is planted in the right location. Proper tree selection and placement prevents tree damage and costly maintenance like trimming. Consideration of water requirements and climate and surrounding infrastructure such as sidewalks, sewer lines and overhead/underground power lines shall improve the chances for optimum growth potential. Refer to the City of Ukiah s Master Tree List; City of Ukiah Tree Planting and Maintenance Recommendations, ISA BMP Tree Planting; and ISA BMPTree Support Systems. 4 1 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.3 Root Environment and Tree Root Zones: Refer to the Glossary of Terms. Whenever feasible, a pro -active program of cultural practices shall be implemented to maintain the health and vitality of City trees. Refer to ISA BMP Tree and Shrub Fertilization. 6.3.1 Trees in parks, fields and all other areas both developed and undeveloped: 6.3.1.1 Soil Compaction: Every effort shall be made to avoid the compaction of soil in root zones and to encourage penetration of rainfall deep into the soil. 6.3.1.2 Mulch: Organic material such as mulch and leaves shall not be removed under the tree canopy. 6.3.1.3 Crews shall, when feasible and practical, establish and maintain the areas under tree canopies free of turf and invasive plant species. The use of native grasses and plants are encouraged, as are plants associated with the trees above them. Special consideration shall be given to oak trees and the use of drought tolerant plants near them. 6.3.1.4 Parking: Vehicles and equipment should be parked on paved areas, streets and parking lots. 6.3.1.5 Pavement: The use of pavement within park and garden areas shall be limited as much as possible, especially under tree canopies. Whenever pavement is necessary the use of permeable materials is preferred. 6.3.1.6 Leaf Blowers: The use of leaf blowers is discouraged. Leaf blowers should not be used to blow debris with native soil. 6.3.1.7 Pesticides: The use of pesticides is discouraged. Please refer to the City Integrated Pest Management policy. 6.3.1.8 Stakes: In the unusual situation when stakes are needed they should be driven in outside the root ball. ISA BMP Tree Support Systems shall be followed. 6.4 Construction around Trees: Protection devices shall be installed to protect the tree and root zones when near or within construction zones. The root system extends at least to the edge of the canopy or drip line of the tree with most of the fine feeder roots active in the top few inches of the soil. These roots need air to stay healthy in order to provide the tree with nutrients and water. This root zone shall be protected from compaction, changes in soil grade, digging, or other disturbances. Protective fencing and warning signage will be required around the root zone. All tree protection devices shall be visible, well -anchored, and approved in the field by the Supervisor or designee prior to clearing, grading, or beginning of construction and shall remain in place and maintained until the project is completed. Refer to ISA BMP Managing Trees During Construction and ANSI Construction Management and Standard. 5 1 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.5 Consultation with a Qualified Arboricultural Professional: When planning and designing a public improvement project the City shall seek the appropriate qualified expert when the project involves or is near a tree or trees. 6.6 Pruning Standards: The latest pruning standards established by the International Society of Arboriculture, shall be used in the maintenance of trees and are detailed in the ISA Best Maintenance Practice booklets. Refer to ISA BMP Tree Pruning, ISA BMP Utility Pruning of Trees. Such maintenance will include: 6.6.1 General pruning for clearance to prevent injuries and to facilitate maintenance and vehicle clearance. 6.6.2 Pruning dead, dying, and diseased sections to improve the health and appearance of the tree and to prevent accidents. 6.6.3 Pruning for clearance around lighting and overhead lines. 6.6.4 Pruning back for authorized passage on service roads, walkways and paths. 6.6.5 Pruning requested by a private property owner. Such requests do not obligate the Department to prune trees, shrubs, and/or vegetation. It is the responsibility of the business owner to plan their signage so that visibility is not affected by growing trees. 6.6.6 Pruning in park areas identified as places of illegal or inappropriate activity in order to improve general visibility and increased police surveillance. 6.7 Birds and Nesting: Except in emergencies nesting birds or nests shall not be disturbed or harassed by pruning or removal activities. To avoid nesting season such activities shall occur between September 1st and March 31st. Fish and Game Code 3503: "It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird..." The Migratory Birds Treaty Act of 1918 also applies. 6.8 Unnecessary Wounding: Because "topping" of trees can cause permanent damage by promoting decay, as well as unnatural, dense and weak branching structure, topping shall not be practiced or permitted except under special circumstances. Not only can a tree sustain wounds to the branches or top, it can also sustain wounds to the trunk. Therefore, these policies shall reinforce the protection of the trunk area from wounds associated with a lawn mower or other equipment. 6.9 Hazardous Tree Management: Public health, safety and general welfare will be maintained through the use of generally accepted professional practices of evaluation and treatment to reduce risks to people and property from hazardous trees. Attention to proper selection, planting and maintenance of new trees shall also be pursued to achieve long-term risk reduction. 6.9.1 The City of Ukiah shall assess and manage the risk of tree failure within the limits of available fiscal and human resources. Priority shall be given to locations and situations with high probability of failure and high potential damage or injury that may result. 6 1 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.9.2 Corrective action for high hazard rated trees shall be reasonable and prudent and may include: • Moving any at -risk structures, equipment, fixtures or recreational sites; • Correction of the defect by pruning, cabling and bracing, or tree removal; • Closure of the area 7.0 Tree Removal: The City shall provide 72 hours of advance notice of the intended tree or trees that shall be removed by posting a sign at the work site when feasible. The sign shall contain the reason for the removal of the tree and the appropriate city department's telephone number that the public may contact for further information. Tree removal will include: 7.0.1 Trees that pose substantial risk or hazard to the public, adjacent properties or to public facilities. 7.0.2 Dead, dying or diseased trees. 7.0.3 Removal from properties being improved or developed under an approved design, however, prior consideration to retention shall be given whenever possible. Preference is to retain existing healthy trees when designing any development rather than attempting mitigation. 7.0.4 Trees that block trails, drains or otherwise obstruct the use and function of infrastructure elements. 7.0.5 Trees on sites that were over planted by design or are crowded from natural competition. As the landscape grows, the Supervisor with consultation with a qualified expert shall selectively remove trees on a site to maintain spacing for optimal tree growth and function. 7.0.6 Removal requested by a private property owner. However, such requests do not obligate the City of Ukiah to remove or allow removal of any trees, shrubs, and/or vegetation. 7.0.7 Consideration shall be given for providing trunk and limbs for service projects such as constructing benches and picnic tables. The use of wood chips for mulching material around trees and vegetation in the parks is encouraged. 7 1 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 7.1 Tree Replacement: At least one tree shall be planted for every tree that is removed from City property. Replacement tree species shall be selected so that overall mature canopy volume will be maintained or increased. It is preferable to plant the replacement tree in close proximity to the original tree's location. The replacement tree may be located elsewhere, if local conditions contributed to the previous tree's failure (See Section 6.2). New locations should be found on the same site or in the same neighborhood at a location of similar or greater value. Preference shall be given for planting native trees whenever feasible. 7.2 Replacement Plantings The City shall undertake the task of replacement plantings to mitigate the effects of vegetation removal and to reestablish the landscape and increase overall mature forest canopy. The City shall determine the species of tree to be planted on City property and the planting location. Every effort shall be made to select a species compatible with the existing tree plantings on the street, (the neighborhood identity), the maturity of the trees, space available for growth, the presence of underground and overhead utility lines, utility poles, streetlights, driveway approaches and fire hydrants. 7.3 Phasing: The City of Ukiah when appropriate shall consider a phased approach to vegetation management to reduce potential short-term negative aesthetic and/or wildlife habitat impacts (associated with such actions). 7.4 Wildlife and Habitat: Trees and forested areas are recognized as important habitat for native wildlife and providing vital wildlife corridors. Trees, undeveloped landscapes and creeks will be managed to optimize them for wildlife habitat. Refer to the City of Ukiah Creeks Maintenance Policies and Procedures. 8.0 SUMMARY These guidelines are set in place to enhance the urban forest within the City of Ukiah. As industry standards change in regard to tree care, this document shall remain flexible to incorporate needed changes. 8 1 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 9.0 GLOSSARY OF TERMS For additional definitions, refer to the International Society of Arboriculture Best Management Practices 9.1 Developed landscape is property that has been graded and/or planted, and contains plantings that are distinct from typical native forest. These active and/or passive recreational landscape areas are routinely maintained by park staff for public use. Developed landscapes shall include, but are not limited to: lawns, athletic fields, boulevards, golf courses including pitch and putt, lawn bowling greens, play areas, squares, places, triangles, and swimming beaches. 9.2 Hazardous Tree is a tree that can be predicted to fail and has a high probability of striking people or property causing injury or damage. 9.3 Invasive exotic vegetation consists of species of plants that are not native to our region and exhibit aggressive growth to the exclusion of native or planted landscapes and wildlife. 9.4 Landmark Trees are individual trees that have been designated as unique because of size, historical/commemorative association, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retention. 9.5 Topping is the removal of the terminal shoot of a tree to a stub or lateral branch that is not sufficiently large enough to assume a terminal role or cannot be expected to achieve wound closure to inhibit decay. 9.6 Tree Failure is the breaking and falling of a tree or any substantial part of a tree. This does not include falling leaves or fruit. 9.7 Tree Root Zone is the area from the trunk to the drip line or the edge of the unpruned canopy around a mature, uninjured tree or the anticipated root zone of a young tree. 9.8 Qualified Arboricultural Professional is a tree care professional with a minimum of two years experience in the evaluation and care of trees in combination with a professional license or certification that measures minimum competency in relevant subjects, including protection of public health, safety and welfare. Acceptable titles include Certified Arborist, Registered Consulting Arborist, Registered Professional Forester, and Landscape Architect. 9.9 Undeveloped Landscape is property that contains native or volunteer (self - propagated) plants and is not intended for recreational use except along designated trails. Undeveloped landscapes are (usually) not as intensively maintained as developed landscapes. 91 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 10.0 ADDITIONAL RESOURCES Additional City and other tree -related documents that incorporate tree guidelines are available electronically through the Intranet. The Department Directors shall provide the The International Society ofArbonculture Best Management Practice booklets, American National Standards Institute related documents, and Mendocino County ReLeaf materials to their employees. These documents are: • Municipal Code Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987) • Community Forest Management Plan • Tree Protection and Enhancement Policy • Tree Planting and Maintenance Recommendations • Master Tree List • Tree Protection During Construction • Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures • Form Based Zoning Preservation Tree List (in progress) • General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004 • Landscaping and Streetscape Design Guidelines • Commercial Development Design Guidelines • International Society of Arboriculture Best Management Practices (ISA BMP): Managing Trees During Construction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility Pruning of Trees; Tree and Shrub Fertilization; Tree Planting; Tree Inventories; Integrated Vegetation Management • American National Standards Institute (ANSI): Construction Management Standards • Mendocino County ReLeaf Tree Care Guide • Hillside Ordinance 9135 10 City of Ukiah Tree Management Guidelines Aftachmcnt # 3 1 UKIAH PLANNING COMMISSION 2 Draft Minutes Excerpt 3 October 27, 2010 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Judy Pruden, Chair None 7 Anne Molgaard, Vice Chair 8 Linda Helland 9 Linda Sanders 10 Mike Whetzel 11 1 12 STAFF PRESENT OTHERS PRESENT 13 Kim Jordan, Senior Planner Listed below, Respectively 14 Jennifer Faso, Associate Planner 15 Cathy Elawadly, Recording Secretary 16 17 10. NEW BUSINESS 18 10a. Tree Advisory Group (TAG). Discussion and possible recommendation to the City Council of 19 future projects for the Tree Advisory Group. Linda Sanders presented this item as a member of the Tree 20 Advisory Group. 21 22 Linda Sanders, TAG: 23 • Concerned certain documents in the `Additional Resources' section of the new tree document 24 formulated by TAG were titled correctly. 25 • Inquired whether the `Tree Protection During Construction' document listed in the 'Additional 26 References' dated November 2008 was adopted by City Council. 27 • Protection of existing trees during construction is very important. Questioned whether the text. in 28 this section of the document should be revised. 29 • The City has working documents that are used for protection of existing trees during construction. 30 • Asked the Commission if there were concerns about the City of Ukiah Tree Management 31 Guideline document and the Additional Resources listed and whether the new document needs to 32 be revised with regard to protection of existing trees during construction. 33 34 Commission: 35 • There is a tree protection during construction document that was never adopted by Council and 36 the new tree guideline document that assumes the former document had been approved may not 37 appropriately address the issue of protection of existing trees during construction. 38 • The intent of the new guideline document is directed toward City crews in an effort to 39 educate/train on how to properly care and maintain trees on City property. 40 • Proper care of trees during construction is a completely different issue. 41 . Proper management of existing trees during construction is also a condition of approval for 42 projects. 43 44 Linda Sanders, TAG: 45 • Would like to have the `Tree Protection During Construction' document as a reference for the City 46 of Ukiah Tree Management Guidelines document. Would like the new document to emulate what 47 documents the Planning Department uses with regard to tree issues for projects. 48 49 • Would like to reference all working tree documents adopted by Council in the new document and 50 is concerned about the timeframe to verify these documents in connection with the upcoming 51 review and adoption of the City of Ukiah Tree Management Guidelines. Planning Commission Minutes Excerpt Recommendation to City Council Regarding the Tree Advisory Group 1 I Staff: Recommends review of the tree documents the Planning Department currently uses to determine 2 whether or not they have been adopted and how they are being used. Requests that Chair Pruden and 3 TAG provide the list of documents that she uses so that staff can determine if they document is a policy 4 or ordinance. 5 6 Commission: The preference would be for Chair Pruden/Commissioners to submit the names of the 7 documents so staff can verify whether or not they have been adopted by Council. Staff will also consult 8 with the Public Works Department about what tree documents they are using. Staff will then report to the 9 Planning Commission about the tree documents being used. 10 11 Chair Pruden: 12 • Review of the new tree document would not likely be encumbered if the only concern is the 13 `Additional Resources' listed for reference purposes. 14 • There have been many tree policy documents adopted by City Council, but not many of these 15 documents have been codified There is a definite distinction in this regard. It will be helpful to 16 know whether the tree documents used by Public Works are policy or codification. 17 • Will provide staff with the tree materials she has and also check with Public Works about the tree 18 documents they use. 19 • Measures should be taken to protect the community's urban forest via advanced discussions by 20 policy makers, as well as provide education programs about the need to conserve and protect 21 trees. 22 23 Commissioner Molgaard: 24 Does not support that private property owners have 100% freedom to do want they want 25 concerning trees on their property. After all, trees play a significant role in the protection of the 26 environment because people depend on trees to breathe. Is in favor of having more stringent 27 requirements regarding removal and replacement of trees to protect environmental watersheds, 28 temperature and all other relevant environmental measures that should be protected with the 29 assistance of what trees guard against and the need to have valuable policies/ordinances in 30 place to protect trees. 31 32 Linda Sanders, TAG: TAG has formulated a list of topics this organization could work on: 33 1. Inventory trees in City parks. 34 2. Voluntary landmark tree program. 35 3. Education outreach. 36 4. Update the City Master Tree list. 37 5. Protection of existing trees during construction. 38 6. Community input regarding public trees. 39 40 Commission: 41 • The City Master Tree List should be updated/revised. 42 • Suggest TAG continue to work on the 'Tree Protection During Construction document because it 43 is close to being a finished product and formulate a land mark/heritage tree ordinance or policy 44 that is not necessarily voluntary. 45 • It took a long time to get a tree maintenance ordinance adopted in this community because 46 people are very 'touchy' about their private property. 47 • The question is essentially how a landmark tree should be treated on private property. Should this 48 be voluntary or mandatory. 49 • The public may not be favorably responsive to formulating a policy/ordinance concerning trees on 50 private property. 51 • Formulating an ordinance takes a long time. 52 • The better approach may be to start a voluntary landmark tree program/policy emphasizing that 53 the City does not support that private properties owners cut down trees on property, but rather the 54 property owner make considerations. Planning Commission Minutes Excerpt Recommendation to City Council Regarding the Tree Advisory Group 2 1 • On the other hand, property owners should not have to go before a Commission because they 2 want to remove a tree. 3 • Supports encouraging TAG to remain a voluntary group of citizens without becoming a 4 Commission. 5 • Allow City Council to determine how TAG should proceed. 6 • In terms of establishing a list prioritizing which topics TAG should work on is to consider how a 7 voluntary group should best utilize their time. TAG is a group that operates without professional 8 facilitation and without this type of input could lead to a lot of time consuming and unnecessary 9 discussion on the part of TAG. 10 11 Commissioner Molgaard: 12 It would be beneficial if the community is serious about moving forward and commit to following 13 the direction of a professional facilitator in order to get work accomplished. 14 . What may take a few meetings with a professional facilitator may take a year for a voluntary 15 group for work to get accomplished. 16 17 Staff: Updating the City's Master Tree List is important since an applicant or property owner has to select 18 trees from this list when required to plant street trees and the list is updated an includes species that are 19 not good street trees for Ukiah's climate. 20 21 Commission preference: 22 • TAG to remain as voluntary organization. 23 • Possibly tying in updating the City Master Tree List together with the 'Protecting Trees During 24 Construction' draft document that was created, but not adopted because both of these documents 25 already have criteria established and/or are partially completed. 26 27 Staff: Rather than prioritizing the list, the Commission would select its top 4 priorities in no particular 28 order and indicate that there are other items of interest that are not included as priorities for TAG. 29 30 Commission consensus .regarding a list of the top 4 topics for TAG to address, not necessarily in 31 the following order: 32 33 ■ Keeping TAG together as a voluntary organization to work on tree issues/programs/policies. 34 ■ Protecting Trees During Construction. 35 ■ Landmark/heritage tree policy or ordinance. 36 ■ Update of the City Master Tree List. 37 38 M/S Molgaard/Wetzel the Planning Commission recommends the Ukiah City Council consider the 4 39 topics stated above and for staff and Council to provide support as available. Motion carried (5-0). 40 41 42 Planning Commission Minutes Excerpt Recommendation to City Council Regarding the Tree Advisory Group ITEM NO.. MEETING DATE: City PJ` 7ikiafr AGENDA SUMMARY REPORT 11c December 1, 2010 SUBJECT: AWARD OF BID FOR THE ROOF REPLACEMENT AT TODD GROVE AND VINEWOOD PARKS, AS WELL AS THE PARKS DEPARTMENT SHOP AND APPROVAL OF CORRESPONDING BUDGET AMENDMENT. Background: The restroom facilities located at Todd Grove and Vinewood Parks, and the gazebo located at Todd Grove Park, have roofs that have been leaking for some time now, and need replacement. In addition, the roof on the Parks Department shop, located at 550 Park Boulevard in the parking lot of Anton Stadium, is in immediate need of replacement, where a number of the old wood shingles have been blown off. The approximate combined square footage of all four locations is 4,448 square feet. The work will consist of tearing off the existing roofing, and replacing it with a 30 -year ELK/GAF composition shingle. Some dry -rot is visibly apparent at the Vinewood Park restroom, and will need to be repaired,.as well as whatever dry - rot that may be discovered at all sites during the course of the work. It will also be necessary to replace the sewer roof jack, gutters and downspouts at the Parks Department shop. Discussion: On October.20, 2010, bids were released. They were distributed to all C39 contractors listed on the City's Qualified Bid List, as well as building exchanges. In addition, the bid request was posted on the City's website. Bids were due no later than 1:30 p.m., November 9, 2010 at the office of the Purchasing Supervisor. Six bids were received. Please refer to Attachment #1 for the complete summary of bid results. The lowest bidder, Elmack Construction Company, holds a Class B General Contractor's license, not a C39 Roofing license. In the bid specifications (see Attachment #2), on page 4, Section XII. Subsection 3.a., it states, "The Contractor shall possess a valid State of California Class C39 license, or any other specific to the completion of the job and/or other license(s) required by the State of California ..." This language allows contractors with a license other than a C39, roofing contractor license, to respond to the bid, subject to final City approval, to determine if their license allows for them to do the work. The following is the California State Licensing Board's definition of a Class B General Building Contractor License: B- General Building Contractor Business & Professions Code, Division 3, Chapter 9. Contractors, Article 4. Classifications 7057. (a) Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof. Recommended Action(s): Deny the bid protest and award the contract to Elmack Construction Company in the amount of $15,585.37 plus $12.50 for any necessary dry rot repair and approval of corresponding budget amendment. Alternative Council Option(s): Make findings to allow the protest and reject bids from Class B contractors, awarding the bid to the lowest C39 bidder, or reject all bids and provide further direction to staff. Citizens advised: N/A Requested by: Sage Sangiacomo, Assistant City Manager Prepared by: Mary Horger, Purchasing Supervisor and Maya Simerson, Community Services Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: Attachment #1 — Bid Tabulation, Attachment #2 -Bid Spec, Attachment #3 -Bid Protest Approved: Ja Chambers, City Manager This does not include anyone who merely furnishes materials or supplies under Section 7045 without fabricating them into, or consuming them in the performance of the work of the general building contractor. (b) A general building contractor may take a prime contract or a subcontract for a framing or carpentry project. However, a general building contractor shall not take a prime contract for any project involving trades other than framing or carpentry unless the prime contract requires at least two unrelated building trades or crafts other than framing orcarpentry, or unless the general building contractor holds the appropriate license classification or subcontracts with an appropriately licensed specialty contractor to perform the work. A general building contractor shall not take a subcontract involving trades other than framing or carpentry, unless the subcontract requires at least two unrelated trades or crafts other than framing or carpentry, or unless the general building contractor holds the appropriate license classification. The general building contractor may not count framing or carpentry in calculating the two unrelated trades necessary in order for the general building contractor to be able to take a prime contract or subcontract for a project involving other trades. (c) No general building contractor shall contract for any project that includes the "C-16" Fire Protection classification as provided for in Section 7026.12 or the "C-57" Well Drilling classification as provided for in Section 13750.5 of the Water Code, unless the general building contractor holds the specialty license, or subcontracts with the appropriately licensed specialty contractor. (Underlining and italics added.) Please note the underlined and italicized portion of the definition above. A Class B contractor could bid the work if the work involved two other trades other than framing and carpentry. For the scope of the work that was out for bid, the portion of the work that involves framing and carpentry would be the dry rot, and the other two trades would be C39 roofing and C43 sheet metal.' Therefore, after the City Attorney's review and staff's review, it has been determined that a Class B license could do the work, and that their bids are acceptable. All bidders were copied on the final bid results. On November 22, 2010, a bid protest was received from Legacy Roofing & Waterproofing (please see attachment #3). In general, Legacy Roofing is. stating that because the bid specification called specifically for a C39 license, the Class B license holders could not bid the project, and that those bids should be deemed non-responsive and non - responsible. However, as stated above, in addition to calling for a C39 license, the bid added "... or any other specific to the completion of the mob and/or other license(s) required by the State of California." In staff's opinion, this additional language opened the bid to any contractor whose licensing would allow it to perform the work. Because the roofing work could be performed by two unrelated trades (roofing and sheet metal) in addition to carpentry and framing, a Class B general contractor is qualified to perform this work .2 For this reason, staff recommends rejecting the bid protest. The bids were structured with both a base bid, and one additive bid item. As per the instructions in the specification, the lowest bid is the bid with the lowest base bid, without consideration of the price for the additive bid item. The lowest responsive, responsible bidder is Elmack Construction Company, who's base bid was a lump sum price of $15,585.37, and Add Alternate Bid Item #1 was a per square foot price of $12.50 to replace any dry rot discovered during the project. It is staff's recommendation that Council award this project to Elmack Construction Company for the base bid amount of $15,585.37, and Add Alternate Bid Item #1 in the unit price of $12.50 per square foot. In addition, a budget amendment in the corresponding amount is needed to fund the roof renovation work. Staff proposes using funds from the 699 Reserve designed for Park Maintenance Yard Development. Fiscal Impact: Budgeted FY 10/11 ❑X New Appropriation F-1 Not Applicable ❑X Budget Amendment Required Reserve Amount Source of Funds (title and #) Expenditure Account Number Appropriation Requested $40,000 699.260.041 (Park Yard Development) 699.6001.930.041 $15,585.37 plus $12.50 per square foot for any necessary dry rot repair ' C43: "A sheet metal contractor selects, cuts, shapes, fabricates and installs sheet metal such as cornices, flashings, gutters, ..." 2 Under Bus. & Prof Code § 7059(a) a roofing contractor could install sheet metal gutters, because that work is incidental and supplemental to the roofing work. Since that work would constitute less than 50% of the total project, the City can award the contract to a roofing contractor, even though the work includes installing gutters. Roof Replacement atTodd Grove and Vinewood Parks Owner. City of Ukiah Bid Opening. 11/09/10 Qmadc Construction Company Vantage Construction, Inc. Legacy Roofing B AS Roofing Redwood Empire Roofing Raned & Long Roofing Co. 226 Shoreline Highway Mill Valley, CA 94941 5317 Stow Court Santa Rosa, CA 95405 6492 Florin Sacramento, CA 95825 425 Pomo Drive Ukiah, CA 95482 PO Box 1639 Ukiah, CA 95482 PO Box 2058 Napa, CA 94559 Base Bid nun# from DesttipHon qNj UOM Unit Price I item Total UnitPrke item Total Unit Pace nem Total Unitprka Item Total UnitPrke from Total UnfrPrkn nem Total 1 ALL NECESSARY LABOR, EQUIPMENT MATERIALS, FEES, INCLUDING TAX (8.7595) AND FREIGHT, FOR ROOF REPLACEMENT AT THE TODD GROVE & VINEWOOD PARKS, AS WELL AS THE PARKS DEPARTMENTSHOP. 1 LS $]5,858.37 $15,858.37 $16,590.00 $16,590.00 $16,630.00 $16,630.00 $17,000.00 $17,000.00 $17,785.00 $17,785.00 $25,000.00 $25,000.00 Bid 15,858.37 16,590.00 16,630.00 17,000. Add Alternate Bid Item #1 item # nem Desoipdan QTY UOM Unir tke item Total Unnpria, Item Total UnitPria item Total Uhittke Item Toml Unit Price ttun Total vaitPriar It— PRICE PER SQUARE FOOT THAT REPRESENTS LABOR ON LY THAT WI LL BE CHARGED FOR WORK FOR REPLACING DRY ROT, AS PER CIN OF UKIAH SPECIFICATIONS DATED 1 OCTOBER 20, 2010. 1 SF $12.50 $12.50 $8.00 $8.00 $3.00 $3.00 $2.00 - $2.00 $3.2S $3.25 $2.50 _ $2.50 Bid 12.50 00 3.00 2.00 .25 30 Used Subs - Redwood Heating &Cooling ' 00 17,785.00 ,000.00 ATTACHMENT� REQUEST FOR BID City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks (Reflects Addendum 1) October 20, 2010 Bid Due Date 1:30 PM on November 2, 2010 City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #1) I. Introduction City of Ukiah is seeking bids from qualified Contractors to replace the existing roof of 3 different structures located within 2 separate parks: the gazebo and restroom roof at Todd Grove Park, located at 599 Park Blvd., Ukiah — and the restroom roof at Vinewood Park, located at 1260 Elm Street. In addition, the Parks Department Shop roof is to be replaced, located at 555 Park Blvd. Ukiah. II. Bid Procedure PLEASE TAKE NOTICE: This Request for Bid (RFB) is issued as an open market purchase under Section 1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law governing RFB's for Public Projects. The procedures governing open market purchases are at the discretion of the Purchasing Officer and may vary from bid to bid, depending on the City's needs. The City Code encourages the Purchasing Officer to use modern communications, including the telephone, e-mail and the internet, to obtain the lowest possible price, consistent with the City's needs. The Purchasing Officer does use City bidder's lists when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on the City's bidder's list. III. Contact Person The City has designated Mary Horger, Purchasing Supervisor, as the contact person for questions related to the work requested. She can be reached by phone at (707) 463-6233, by fax at (707) 463-6234, or by e-mail at mhorger@ciiyofukiah.com. IV. Bidder Investigation Before submitting a bid, Contractor shall make all investigations and examinations necessary to ascertain all site conditions and requirements that affect the full performance of the contract and to verify any representations made by the City upon which the contractor will rely. (Please refer to Attachments A and B and Addendum 1 for site map and structure locations.) If the Contractor receives an award as a result of its bid submission, failure to have made such investigations and examinations will in no way relieve the Contractor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as basis for any claim whatsoever by the Contractor for additional compensation. Changes to the bid request will only be done by written amendment. Oral statements or instructions will not constitute an amendment to this solicitation. V. Bid Submittal Instructions Bids can be submitted in hardcopy or via fax. Bids are due on or before 1:30 PM, November 9, 2010 to: City of Ukiah Attn: Mary Horger, Purchasing Supervisor 300 Seminary Avenue, Ukiah, CA 95482 Phone: (707) 463-6233 Fax: (707) 463-6234 It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will not be responsible for any cost incurred by the Contractor in preparation of their bid response. VI. Scope of Work • Roofing Area: o Vinewood Park Restroom: 459 square feet (approximate) o Todd Grove Park Gazebo: 694 square feet (approximate) o Todd Grove Park Restroom: 775 square feet (approximate) o Parks Department Shop: 2520 square feet (approximate) 2 City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #1) • Tear off existing shake shingles to solid roof decking. Dispose of all roof debris properly. • Prep surface of roof deck by removing roofing nails and replace all roof jacks and flashing around vent pipes. • Install one (1) layer of 30# felt over existing roof deck. Using approximately 2" head lap and a minimum 6" side lap. • Install ELK/GAF (or equivalent) starter strip as recommended per manufacturer. • Install 30 yr. ELK/GAF composition shingle (or equivalent) per manufacturer's specifications. Color: Broincastle or equal (pre -approved by City). • Use galvanized nails to fasten shingles. Make sure that the appropriate length of nail is used so that the nail does not come through soffit areas. Elsewhere, use a 11/4" length nail. • Install ridge to match manufacturer and color chosen. • All three roof areas have a 2" x 6" tongue and groove roof deck. There is obvious signs of deck rot at the Vinewood Restroom at the east ridge area. • In addition, for the Parks Department Shop: o Remove & replace sewer roof jack. o Remove old rain gutters. o Install new rain gutters, same type as before. o Remove damaged downspout and install same type as before. The Contractor will be responsible for providing all labor, materials and equipment necessary for the completion of the work. If offering an equivalent materials, Contractor to indicate on their bid response, and provide information regarding the equivalent with their bid. Dry Rot. In the instance where dry rot is discovered during the course of the work, the Contractor will repair and replace. The City will inspect and approve all dry rot sections prior to repair. Contractor is requested to price this separately, to include labor only. The City will be responsible for all lumber materials necessary for repair of any discovered dry rot. Work schedule should be based on working Monday thru Friday, 7:30 a.m. through 4:30 p.m., excluding City holidays. Contractor will be required to provide adequate protection from weather for the building and its contents throughout the job. On a daily basis, the Contractor shall keep the site of work and adjacent premises safe and as free from material, debris, and rubbish as practical. All roofing and construction debris created by project must be cleaned up, removed, and be disposed of properly and recycled if practical. Hauling and dump fees are the responsibility of the Contractor. Project is to be completed within 90 working days after bid award. Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar days delay beyond the time prescribed (please see attached Short Form Construction Contract for details). VII. Pricing Base Bid Price: The Base Bid price for this work shall be one lump sum, and consist of all necessary labor, equipment, materials, fees, including tax (8.75%), and freight, for performing the work as described in this bid specification. Additive Bid Item: Work for replacing dry rot shall be priced separately. Contractor is to provide aper square foot price that represents labor only that will be charged for work performed for this purpose. Please note — the lowest bid shall be the lowest bid price on the base bid without consideration of the price 3 City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #I) on the additive bid item. VIII. Terms The City asks that vendors specify their desired payment preferences in their bid response. The actual payment terms of the contract will be open for negotiation during the contract phase. If no special payments are requested prior to issuing the work, the City will assume net 30 terms. The City reserves the right to award to the lowest, responsible bidder. The City also reserves the right to waive any irregularities and technicalities and request rebids should it be deemed in its best interests to do so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid, or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City reserves the right to reject any or all bids. The awarded contractor will enter a "Short Form Construction Contract", sample attached. IX. Warranty Unless otherwise indicated, the Contractor must provide a 5 year water tight workmanship warranty from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. X. Bidder Qualifications The City will satisfy itself that the potential contractors are reputable firms with a proven track record and a proven product. Contractors are asked to provide the information requested under Work Performance History Capability. References are to be those who you have performed similar scope of work as asked for in this RFB. References are to include the contact name and phone number. A minimum of three references are requested. XI. Insurance Requirements Bidder's attention is directed to the insurance requirements - see attached detailed insurance requirements (one page). Contractors shall furnish to the City, upon award of contract, certificates of insurance covering full liability under Worker's Compensation laws of the State of California, Comprehensive General Liability and Business Auto Insurance with policy limits of not less than $2,000,000 naming the City as an additional insured party. It is highly recommended that contractors confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance requirements, that contractor may be disqualified from award of the contract. If you have questions regarding the City's requirements, please contact the City's Risk Manager at 707-463-6287. XII. License and Additional Requirements 1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. 2) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State and Federal laws, regulations and ordinances governing performance of contractual services required, and it will be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances, including the actual cost of licenses. 3) License Requirements: Bidder/Contractor must possess a current State of California contractor's license and a City of Ukiah business license. (For information business license, please contact Kathy Norris, City of Ukiah Finance Department at 707-463-6202.) City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #1) a) The Contractor shall possess a valid State of California Class C39 license or any other specific to the completion of the job and/or other license(s) required by the State of California or government agencies. Bidder shall provide proof of possession of the proper licenses and certificates of registration necessary to perform the work. Employees actually performing the tasks shall provide proof of proper certificates of registration for same. b) The bidder shall keep in force a City of Ukiah business license for the extent of the project. c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper licenses, certificates and proof of insurance for work performed. 4) Notice to Bidders — Prevailing Wages - Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, has ascertained the general prevailing rate of wages for straight time, overtime Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes, copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done can be reviewed at Website: www.dir.ca. ova /dlsr/pwd/northem.html . City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #1) INDEMNIFY AND HOLD HARMLESS AGREEMENT Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with Contractor performance hereunder. The undersigned acknowledges that this document, together with the resulting purchase order issued by the City, the executed Short Form Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding insurance coverage comprise a written agreement between the Contractor and the City binding on both parties. The undersigned declares they are familiar with the items specified and have carefully read the RFB specification/requirements, checked all of the figures stated on the specifications and accepts full responsibility for any error or omission in the preparation of this bid. This bid is submitted by, (check one) Individual Owner Legal Name of Bidder Address of Bidder Tax ID# Phone Number Partnership Corporation Other California State Contractor's License By: Signature Print or Type Name: 0 Fax Number Expiration Date: Date Title City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #1) WORK PERFORMANCE DATA HISTORY AND CAPABILITY: Provide the name, locations and a narrative statement on the work performed. WORK PERFORMED 1. COMPANY NAME: CONTACT: ADDRESS: PHONE 2. COMPANY NAME: CONTACT ADDRESS PHONE: 3. COMPANY NAME: CONTACT: ADDRESS PHONE: 4. COMPANY NAME: CONTACT: ADDRESS: PHONE: 5. COMPANY NAME: CONTACT: ADDRESS: PHONE: 7 City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #I) SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with proper firm name and business address of each. Subcontractor's Name Work to be performed Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date Subcontractors Name Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date Subcontractors Name Address City/State/Zip Phone Number Fax Number License Number/Type/Expiration Date N. Work to be performed Work to be performed City of Ukiah Roof Replacement at Todd Grove and Vinewood Parks - RFB (Add #1) BIDDER/CONTRACTOR STATEMENT REGARDING INSURANCE COVERAGE (Submit with Bid) PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance coverage requirements specified in the Request for Bid for: ROOF REPLACEMENT AT TODD GROVE AND VINEWOOD PARKS Should we/I be awarded the contract, we/I certify that we/I can meet the specified requirements for insurance, including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for the work specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, before commencing the performance of the work specified. Please Print (Person, Firm, or Corporation) Signature of Authorized Representative Please Print (Name & Title of Authorized Representative) Date Phone Number 9 ROOFING & WATERPROOFING ATTACHMENT To: Maty Horger From: Chris l✓ttltOW= Company: Fax: 1-707-463-6234 Pages:2 Phone:1-707.463-6233 Date-] 1-22-10 Ro: CC: ❑ Urgent ❑ For Review ❑ please Comment ❑ P'leme; Reply ❑ please Recycle Messy e� : P0iectRoof m1acg:ment UkYalr Protest Letter t Faxed and Via Mail 6492 Florin Perkins Rd. Sacramento CA 95326 ]Phone: 916-736-3015 / FAM 916-736-3079 License #802656 11 LL 1YJ 11. YOU L'11VL1 LI..!dtAVj/ AIUU1111tj ' ROQFIPIC3 & WATERPROOFING S21cramento Bid Protest RE: Roof Replacement at Todd Grove and Vinewood parks and Parks department shop Attn : Mary Horger Dear Mary, Legacy Roofing Respectfully protests Elmack Construction Company and Vintage Construction, Inc. as being Non -Responsive and Nan -Responsible on the above named project. Issues of the Bid Protest Encompass as follows: 1.Elamck Construction Company and Vintage Construction, Inc. do not hold the appropriate license Classification as per City of Ukiah specification documents. 2. pge 4, section 12, paragraph 3a clearly specifies the contractor shall possess a valid State of California Glass C39 license and the Bidder shall provide proof of possession of the proper licenses and certification of registration necessary to perform the work Employees actually performing tasks shall provide proof of proper certification of registration for the same. As you can see the apparent ft and 2'd low bidders are tion- Responsive apd Non -Responsible as per specification requirements as listed in the Section 12,3a. Legacy Roofing is Confident the City of Ukiah will make the right decision in the awarding this project to the next Responsive Bidder. Sincerely, Chris Ekkeiboom Legacy Roofing 6492 Florin Perkins Rd. Sacramento, CA - Phone: 916-736-3015 / FAX: 916-736-3079 www.legaeVroofing.net Ucense #802656 ITEM NO.. MEETING DATE: cilw a-1,' zrkia-fr AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF NEW MAYOR AND VICE MAYOR 11d December 1, 2010 Background: Mayor and Vice Mayor Appointment. The City Council in December 2006 established a seniority -based rotation appointment of the Mayor and Vice Mayor, which was to begin in 2009 after initial mayor appointments in 2007 and 2008. The naming of the Mayor and Vice Mayor traditionally takes place annually at the first regular December meeting, with installation and changing of the guard at the second regular December meeting. Councilmember Thomas was appointed in December 2009 as Mayor, and Mari Rodin was appointed Vice Mayor. It appears from past Council practice, that the intent has been to appoint the vice mayor as mayor the following year. Discussion: It is evident from the attached seniority rotation chart that there are challenges in maintaining a seniority based rotation. This is because unanticipated changes occur in membership and/or individual councilmember needs. An option to accomplish a smooth transition and allow for flexibility would be to use the vice mayor seat as the presumptive mayor, and no other rotation method. City Council could each year elect a vice mayor and mayor on that basis. This would permit Council to adjust yearly on a needs basis and make allowance for those members who may want to serve as mayor outside of the seniority -based rotation. This would also create opportunity for planning and transition from year to year but would not lock Council into'seniority- rotation which presents mathematical challenges (4 -year terms and five members). Fiscal Impact: Budgeted FY 10/11 F-1NewAppropriation ❑x Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Recommended Action(s): 1. Nominate and establish the positions of Mayor and Vice Mayor for 2011. Alternative Council Option(s): Provide direction to staff. Citizens advised: Requested by: Prepared by: JoAnne Currie, City Clerk Coordinated with: Jane Chambers, City Manager Attachments: Seniority Rotation for Ukiah Mayor Approved: x_._-,.....71 J� /Chambers, City Manager Senority Rotation for Ukiah Mayor 11/24/2010 ** If Progress Proceeds by Senority Ranking First Elected or Appointed Current Term Expires Senority Rank** Phil Baldwin Nov. 1998 Dec. 2014 1 Mari Rodin Dec. 2002 Dec. 2012 2 Douglas Crane Nov. 2004 Dec. 2012 3 Benj Thomas Nov. 2006 Dec. 2014 4 Mary Anne Landis Jan. 2009 Dec. 2014 5 ** Senority as defined by by Roll Call Vote of City Clerk Mayor Order As Rotation In Order Possible as From 2009** (Did Not Occur) of 2011 Phil Baldwin 2009 1 2009 Mari Rodin 2010 2 2011 Doug Crane 2011 3 2012 Benj Thomas 2012 4 2010 Mary Anne Landis 2013 5 2013 ** If Progress Proceeds by Senority Ranking ASO ITEM NO.: MEETING DATE: AGENDA SUMMARY REPORT 11e December 1, 2010 SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING ORGANIZATION OF AD/HOC AND STANDING COMMITTEES OF THE CITY COUNCIL Background: The City Council currently has 33 different assignments to various commission and committee activities. Of these 33 assignments, Fourteen (14) are not directly related to the meeting of another agency and/or Board and have been considered Ad/Hoc (called on an occasional basis). Keeping track of assignments and duties for these 14 Ad/Hoc committees has proven to be confusing for both Council members and staff. The City Attorney has expressed concern about use of Ad/Hoc committees to discuss items that could be considered to have "continuing subject matter jurisdiction" under the Brown Act. The Brown Act exempts advisory committees formed by less than a quorum of the governing board from Brown Act requirements, but includes standing committees, regardless of membership number, which have "continuing subject matter jurisdiction". An alternative to 14 Ad/Hoc committees would be to organize a few standing committees with "continuing subject matter jurisdiction", and reserve use of Ad/Hoc committees to single assignment and occasional use. This change would mean that standing committee meetings would be open to the public, and require a published agenda. Standing committee(s) would not be required to have a regular meeting schedule and could be scheduled as needed, the same as is currently done with Ad/Hoc assignments, as long as the public notice and posted agenda requirements are met. Discussion: Of the 14 Ad/Hoc committees currently in use, they could be divided into standing committee assignments in 3 major areas: Finance/CIP/RDA Activities: Current Ad/Hoc (s) Investment Oversight Committee, Financial Policies, CIP, Redwood Business Park Marketing, Eminent Domain Continued on Page 2 Recommended Action(s): Discuss the merits, and approve three standing committees as outlined, and direct the City Manager to work with the Mayor to accomplish assignments for the new year. Alternative Council Option(s): Retain the current Ad/Hoc committees and/or designate new Ad/Hoc committees Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Mayor Thomas Attachments: Approved: J Chambers, City Manager Inter Governmental, Solid Waste, and Utilities: Current Ad/Hoc (s) Council/County Supervisor Committee, UVSD Governance, UVSD (non-active), Solid Waste, Municipal Service Review, Sales Tax Sharing Community Services and Public Safety: Current Ad/Hoc (s) Strategic Sub-Committee/Communications, Code Compliance, Mobile Home Park Issues The advantage of moving to a standing committee format would be reduction of multiple assignments for Council members. If each standing committee were limited to 2 persons, it is conceivable that four of the council members would serve on just one standing committee, with one member needing to serve on two standing committees. Council members are currently each assigned to a number of the 33 total assignments, with all members serving on at least five, and a couple serving on as many as ten or eleven assignments. If the standing committee idea is put into place, the number of overall assignments would be greatly reduced. The change would mean that each member could be assigned to 3 or 4 committees, if the work is divided up evenly. Some assignments require much more time than others. The Mayor could consider this aspect in making assignments. Although a standing committee format would cover much of the work that is now done though Ad/Hoc committees, the Council could always appoint an Ad/Hoc for those matters which would better be handled by that process. For example, the Council may wish to consider retaining Ad/Hoc committees that truly reflect an occasional and/or temporary (not ongoing) need, such as the UVSD Governance Ad/Hoc, which is currently engaged in Governance discussions with a corresponding Ad/Hoc committee from the Ukiah Valley Sanitation District, and the eminent domain Ad/Hoc. That Ad/Hoc may have already finished most of its work prior to a series of required process steps for full Redevelopment Board consideration, but could remain available as needed. This staff report has been prepared in the interest of allowing the City Council to consider this type of change prior to a new working year and assignments from the new Mayor. If the Council would like to consider this course of action, direction to do so can be given at this meeting. Staff will then work with the new Mayor on presenting assignments, which can be done early in January 2011. Fiscal Impact: Budgeted FY 10/11 New Appropriation � Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested City "J'k -aft ITEM NO.: 11f MEETING DATE: December 1, 2010 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF STREETLIGHT POLE LICENSE FOR PG&E SMARTMETER EQUIPMENT SUMMARY: PG&E has requested permission to locate on two City streetlight poles equipment that supports its SmartMeter system for reading natural gas meters in the City. The equipment on each pole would consist of a data collector unit, two whip antennas, coaxial cable and photovoltaic adaptor. The data collectors receive transmissions from SmartMeters measuring natural gas use in the City and assist in the transmission of that data to PG&E. The attached license agreement will allow PG&E to install the equipment on two streetlight poles: one at 53 Betty Street and one on West Clay Street. The license agreement would allow City staff to permit PG&E to place additional data collection units on other streetlight poles in the future. To justify the capital expense, the City agrees not to revoke the license for the first five years, unless PG&E is in material breach of the agreement. After the first five years, the City can, revoke the permit on 180 days prior written notice to PG&E. PG&E will pay $780 as an upfront payment for each of the two streetlight poles ($780 x 2 = $1560) and for each additional pole it is allowed to use in the future ($780 x ea. Pole). Recommended Action(s): Approve the agreement or provide direction to staff regarding the terms of the agreement. Alternative Council Option(s): Decline to approve the agreement. Citizens advised: n/a Requested by: PG&E Prepared by: David J. Rapport, City Attorney Coordinated with: Jane Chambers, City Manager; Mel Grandi, Electric Utility Director Attachments: 1- Draft License Agreement 2- Ex. A to License Agreement 3- SmartMeter Program 4-SmartMeter Program Overview 5- Approved Radio Frequency Pamphlet Approved: J Chambers, City Manager ATTACHMENT -1 AGREEMENT NO. E T STREETLIGHT LICENSE AGREEMENT THIS AGREEMENT is made and entered into on by and between the CITY OF Ukiah a general law municipal corporation, ("CITY" herein) and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation ("PG&E" herein) each being referred to individually as a "Party" and collectively as the "Parties." RECITALS WHEREAS, CITY owns, operates and maintains certain streetlight facilities located in the geographic areas within the political jurisdiction of CITY; and WHEREAS, PG&E desires to enter into an Agreement for the attachment of certain utility infrastructure support equipment used for the operation and maintenance of PG&E's SmartMeter network, to CITY's existing streetlight poles; and WHEREAS, PG&E's SmartMeter equipment consists of certain utility infrastructure support equipment including, but not limited to, a data collector unit, two whip antennas, coaxial cable and photovoltaic adaptor ("SmartMeter Equipment"); and WHEREAS, it is understood and agreed that this 'Agreement will permit the placement of the SmartMeter equipment on certain of CITY's existing streetlight poles; and WHEREAS, CITY is willing to grant PG&E a non-exclusive, revocable license for the attachment of the SmartMeter Equipment to CITY streetlight poles, subject to the terms and conditions set forth in this License Agreement. NOW, THEREFORE, incorporating the foregoing recitals herein, the Parties agree as follows: 1. EFFECTIVE TERM OF AGREEMENT. This Agreement shall be and remain until terminated in accordance with paragraph 21. 2. STREETLIGHT LICENSE. CITY does hereby confer on PG&E a non-exclusive, revocable license to attach, replace, operate, maintain, and use SmartMeter Equipment to certain photocells, support arms and streetlight pole(s) owned by CITY. Permission to attach to CITY -owned streetlight facilities shall be memorialized in the form of the Streetlight Permit, attached to this Agreement as Exhibit "A," and incorporated herein by reference. The specific locations for which a Streetlight Permit is requested are included in Exhibit A, and are those Page 1 of 8 SM Streetlight License Agmt Template v14- 4_13_10 specific locations that the Parties hereby agree are covered by this Agreement as of the date the Streetlight Permit is executed. 3. LICENSE FEE. As its entire consideration for the rights granted herein, PG&E shall pay to CITY a one-time Seven Hundred and Eighty DOLLAR ($780) up front payment for each street light pole to which PG&E attaches its SmartMeter Equipment. 33_1 PG&E shall pay CITY a pro -rata portion of the Sevens Formatted: Bullets and Numbering Hundred and Eighty ($780) dollar attachment fee for all additional attachments installed under the terms of this agreement. 3.33_2 All payment obligations associated with the renewals of this ---- Formatted: Bu ]lets and Numbering agreement under §1.1 will be prorated in accordance with the payment obligations of §3 herein. 3:43_3 PG&E will provide a revised list of locations ("Exhibit A") as-------- Formatted: Bullets and Numbering poles are added or deleted. 4. ADDITIONAL LOCATIONS. Prior to installing any SmartMeter Equipment on any additional CITY -owned street light poles, other than the locations identified in Exhibit "A", PG&E will submit to CITY a revised Exhibit "A" seeking permission to install such additional SmartMeter Equipment on specified CITY -owned street light poles. 4.1 CITY will use its best commercially reasonable efforts to respond, in writing, to each request submitted by PG&E within twenty (20) business days; provided that CITY is not required to approve, in whole or part. 4.2 Each location approved by the CITY shall be memorialized in a Street Light Permit in the form of Exhibit "A" to this Agreement, and shall be incorporated by reference herein at the time it is executed and delivered. 4.3 PG&E may, from time to time, replace, modify, update and/or reposition on the same street light pole existing SmartMeter Equipment without seeking CITY's prior approval and without incurring additional fees. 5. SAFETY PRECAUTIONS. PG&E shall perform all work on CITY - owned streetlight facilities in a workmanlike manner and in compliance with applicable federal, state, and local laws, rules and regulations. All work on such streetlight facilities shall be performed by PG&E's personnel or contractor operating from either a ladder or bucket truck. 6. NON-INTERFERENCE. PG&E shall install, operate and maintain the SmartMeter Equipment in such manner that it does not interfere with the City's use of the streetlight facilities on which the PG&E equipment is licensed or any other Page 2 of 8 SM Streetlight License Agmt Template v14- 4_13_10 City property, facilities or equipment. City shall provide PG&E with written notice, if its equipment or its use causes such interference. Within ten (10) days that such notice is given, PG&E shall take such steps as are necessary to avoid or discontinue such interference. If PG&E fails to take such steps within the required time period, the City may terminate this license immediately or take such steps at PG&E's expense as are necessary to avoid or discontinue such intereference. 7. PERMITS. PG&E shall apply for and receive any encroachment or other permits required by the City for the PG&E's use of the license granted herein or the installation and use of its SmartMeter Equipment. 63.-8. RADIO FREQUENCY EMISSION REQUIREMENTS. PG&E will --- Formatted: Bullets and Numbering operate the PG&E SmartMeter Equipment in a manner that complies with the FCC's (or any more restrictive applicable standard subsequently adopted or promulgated by a governmental agency with jurisdiction) Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power for density for transmitters in an inhabited area. 7-.9. REMOVAL OF SMARTMETER EQUIPMENT. CITY will use its best-""- Formatted: Bullets and Numbering commercially reasonable efforts to provide PG&E ten (10) business days prior written notice of any non -emergency work that will, or may, affect the SmartMeter Equipment and/or the PG&E SmartMeter network. 7:49_1 In the event that CITY is required by law or unavoidable------- Formatted: Bullets and Numbering circumstance to remove any SmartMeter Equipment attached to CITY Property on an emergency basis, CITY will use its best commercially reasonable efforts to notify PG&E of such circumstance as soon as practicable and will take all due care in removing and storing the SmartMeter Equipment. 7:29_2 PG&E will provide CITY written notice within ten (10) business ---- Formatted: Bullets and Numbering days of removing any SmartMeter Equipment from any CITY Property specifying the SmartMeter Equipment removed and the CITY Property from which it was removed. 7:39_3 PG&E will, at its expense, remove all remaining SmartMeter- ------- Formatted: Bullets and Numbering Equipment from CITY Property within thirty (30) days of the termination or expiration of this Agreement. 7.49_4 In the event that PG&E fails to remove any SmartMeter - -- Formatted: Bullets and Numbering Equipment from the CITY Property in a timely manner, CITY may at PG&E's expense, remove and store such SmartMeter Equipment. 8. INDEMNITY. PG&E shall indemnify, defend, and hold harmless CITY, its officers, agents and employees from and against any and all cost, expense, liability, claims, actions, causes of action or demands whatsoever against Page 3 of 8 SM Streetlight License Agmt Template v14- 4_13_10 them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by PG&E, PG&E's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for any such claims, damage or liabilities caused by CITY's sole and active negligence or willful misconduct. It is further understood and agreed by PG&E that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the PG&E in connection with this Agreement. 9. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of the parties, which shall not be unreasonably withheld. 10. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their administrators, representatives, successors and assigns. 11. COMPLIANCE WITH ALL LAWS. PG&E shall, at PG&E's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force. 12. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 13. EXHIBIT. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and the exhibit attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. The exhibit to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 14. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. 15. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. Page 4 of 8 SM Streetlight License Agmt Template v14- 4_13_10 16. INSURANCE. PG&E shall procure and maintain for the duration of this Agreement the following types and limits of insurance or self-insurance ("basic insurance requirements") herein: 16.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 16.1.1 Provide coverage for owned, non -owned and hired autos. 16.2 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 16.2.1 Provide contractual liability coverage for the terms of this agreement. 16.2.2 Provide products & completed operations coverage. 16.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident... 16.4 All policies required of PG&E shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the PG&E's insurance and shall not contribute with it. 16.6 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A:V. 16.6 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. 16.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. Page 5 of 8 SM Streetlight License Agmt Template v14- 4_13_10 16.8 Full compensation for all premiums which PG&E is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made for additional premiums which may be required by extensions of the policies of insurance. 16.9 PG&E shall have the right to self insure with respect to any of the insurance requirements required under this Agreement. By request. PG&E shall submit a letter of self-insurance signed by a duly authorized representative, evidencing that the self-insurance program is in full force and effect and in compliance with and subject to all the terms agreements covenants. conditions and provisions of the Agreement. 17. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this License Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this License Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this License Agreement. This License Agreement may be modified only in a writing approved and signed by all the parties. 18. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venture with PG&E or associate in any such relationship with PG&E by reason of the provisions of this License Agreement. PG&E shall not for any purpose be considered an agent, officer or employee of CITY. 19. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement. 20. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF I�KIAH 1 =rtT.�r t 4T1 _ 4ttn Jane Cfaarnber u ,� Page 6 of 8 SM Streetlight License Agmt Template v14- 4_13_10 PG&E: Pacific Gas and Electric Company Land and Environmental Management c/o Dawn Plise 5555 Florin Perkins Road Sacramento, CA 94015 21. TERMINATION. The parties hereto agree that either party may terminate this Agreement, as it relates to any individual location of the SmartMeter Equipment, upon one hundred eighty (180) days advance written notice to the other party. City agrees that it will not terminate this agreement within the first five (5) years and PG&E relies on this representation as a basis for the capital expenditure associated with the facility installations, unless PG & E is committed a material breach of this License Agreement. With this exception, either party may terminate this Agreement in its entirety, at any time during the term hereof by giving written notice to the other party, not less than six (6) months prior to the requested date of such termination. Any termination of this Agreement shall not relieve PG&E of any obligations, whether of indemnity or otherwise, which have accrued prior to such termination or completion of removal of PG&E's equipment, whichever is later, or which arises out of an occurrence happening prior thereto. 21.1 Except as specifically set forth herein, CITY and PG&E agree that neither Party shall terminate this Agreement in the event of an alleged non -monetary breach nor default hereunder before the defaulting Party has been given notice of and a reasonable time and opportunity to respond to and cure any such non -monetary breach or default. For purposes of the foregoing, unless otherwise expressly provided in this agreement, a reasonable time to cure any non - monetary breach or default shall be deemed to be thirty (30) days after notice, unless the nature of the default in question is such that while it is reasonably susceptible of being cured, it is not reasonably susceptible of being cured within such thirty (30) day period, in which case the curing thereof shall have commenced within such thirty (30) day period and shall hereafter be prosecuted to completion with reasonable diligence. Page 7 of 8 SM Streetlight License Agmt Template 04- 4_13_10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. CITY OFE g��� PACIFIC GAS & ELECTRIC COMPANY F { By: Title: By., Richard A Gigliotti Title: Manager, Land Surveying and Acquisition Land and Environmental Management Attachment: Exhibit "A" — Streetlight License Page 8 of 8 SM Streetlight License Agmt Template v14- 4_13_10 Piivcr c Gas and Elwh c Company,. EXHIBIT A STREET LIGHT and UTILITY POLE PERMIT PART=1 RE UESTFORACCESS . To: CITY OF UKIAH Street: 300 Seminary Avenue Ukiah, CA 95482 Date: ATTACHMENTL� In accordance with that certain Revocable Permit Agreement between the City of UKIAH ("CITY'S and PG&E dated (the "Agreement's we hereby request permission to place attachments on the CITY streetlight designated below. 1. Location of the streetlights: GAS NLC Street 20420 53 BETTY ST 20421 W CLAY ST 2. Schematic drawing of the attachments to be contacted under this permit are attached. Location of the streetlight shown as a • on the map attached. Permittee: Pacific Gas and Electric Company Authorizing Engineer Name: Bill Monlux Company or Department: SmartMeter Operations Address: 1850 Gateway Blvd, Concord, CA 94520 Phone # (925) 270-2819 _PART 2 AUTHORIZATION Subject to the terms and conditions of the Agreement, you are hereby authorized to install the attachments described in this Exhibit. CITY OF UKIAH BY: Execution Date: T62 55 (as' 53 54 I 70 SIB' DETAILS -----' X43 `J 54 15T I J SI6' ---_.-" DEfA1LC 1. REFER TO PG&E ENGINEERING DOCUMENT 868190 FOR INFORMATION REGARDING SPECIFIC PG&E REQUIREMENTS 2. DATA COLLECTOR UNIT(DCU) MAY BE MOUNTED UNDER STREETLIGHT ARM OR BACKSIDE OF POLE. 3 NO GROUNDING IS REWIRED. 4. ANTENNAS SHOULD BE MOUNTED AS HIGH AS POSSIBLE ON POLE SHAFT OF STREETLIGHT WITH A 25 FEET MINIMUM HEIGHT. INSTALL ANTENNA BOOM MOUNTING BRACKET BETWEEN STREETLIGHT CAP AND POLE ARM. IF THE BRACKET DOES NOT FIT, INSTALL BELOW THE POLE ARM ON BACK SIDE OF POLE 5. DRIP LOOPS SHOULD BE FORMED AS NEEDED WITH A RADIUS BETWEEN 8MID 12 INCHES, AVOID COILING EXCESS CABLE 6. COAXIAL CABLE RUN SHALL BE SUPPORTED BY STAINLESS STEEL MATERIAL AS LISTED EVERY 3 FEET. AVOID COILING EXCESS CABLE 7. PROVIDE 2- 3 FEET OF SLACK FOR REMOVAL OF POWER TAP OR FOR FUTURE MAINTENANCE- CHECK AINTENANCECHECK VOLTAGE AND POLARITY PRIORTO COMMENCING INSTALLATION. USE MLTIVOLTAGE POWER TAPE 120 VAC IS NOT SUPPLIED, DATA COLLECTOR UNIT 0=1 MUST BE POWERED WITH 120 VAC. ENSURE TRANSFORMER IS WIRED TO MATCH STREET LIGHT VOLTAGE ON PRIMARY AND 120 VAC ON SECONDARY. REFER W MULTIVOLTAGE POWER TAP INSTALLATION DIAGRAM AND SMOOBACC ENGINEERING INSTALLAMON DRAWING FOR DETAILS I STRAP THE POWER LEADS WITH STAINLESS STEEL. CABLE TIES AND BUCKLES TO THE POLE ARM AT 12 INCH INTERVALS, 10. THE MINIMUM VERTICAL CLEARANCE FROM OCU ANTENNAS TO LINES PASSING UNATTACHED ARE A 4 FEET FROM SECONDARY. S.6 FEET FROM PRIMARY SUPPLYING 7.SKV TO 20KV. C.8 FEET FROM PRIMARY SUPPLYING 20KV TO 35KV. D. FOR VOLTAGES ABOVE 35KV. CONSULT WITH ESE- ELECTRIC SYSTEM ENGINEERING. - 11. THE DATA COLLECTOR UNIT (DWI NUMBER IS UP TO 6 DIGITS LONG (OMIT LEADING ZEROS) AND LOCATED UNDER DCU. 12. ALWAYS USE STAINLESS STEEL CABLE TIES AND BUCKLES ITEMS 84 AND M WHEN AVAILABLE THE BLACK NYLON TIES HAVE BEEN PRECEDED. INSTALL WITH HAND TENSION TOOL. ITEM 39. 11 IF CELL COVERAGE IS NOT AVAILABLE IN THE AREA. INSTALL POTS DW. SEE SM011PWP ENGINEERING INSTALLATION DRAWING FOR OETAILS IC MATERIALS NOT SPECIFIED SY MANUFACTURER SHALL BE PURCHABED TO MEET SPECIFICATIONS 15. USE THIS DRAWING AS AN INSTALLATION WIDE. CHANGES MUST BE APPROVED BY PG&E SMARTMETER DEPLOYMENT. DCUNUMSER SEE NOTE 11 OVERHEAD VIEW 39 OU NOTES 7.8.812 BAPCASLEETTOFE%TRA POWER TAP CABLE ON TOP OF STREET LK)IRT ARM FOR FUTURE MAINTENANCE ON STREET LIGHT. SEE NOTE 7. � v l' CHECK FOR 12D VAC SUPPLY. IF 120 VAC IS NOT SUPPLIED. REFER TO THE MULTIVOLTAGE POWER TAP INSTALLATION DIAGRAM. IF A PHOTOCONTROL IS PRONSTALLED, REMOVE THE PHOTOCONTROL AND INSTALL ON TOP OF POWER TAP. SEE NOTE � 88 45 ORI507 � n85O �/ Y SEE NOTE 7.9.812 REVISIONS .Z& INSTALL ANTENNA BOOM BETWEEN SMEERIGHT CAPANOPOLEARM. SEE NOTE 4 SEE MOUNT OCU AS HIGH ASPOSSIBLE WITHA 2SFOOTMWIMUM ANTENNAHEIGHT. SEE NOTE 4 STEEL LIGHT POLE KEVIN LIM I LARRYMANN Exhibit A, P(3&E SmartMeter Equipment on the city of Man streetugnts, uo-zb-•iu 11ow Z�'�� 1�` J—� .�-�Gn��• �"': r--."" � E P.el� �� 3 ° Mew alley " l CUs Gpl�1 S�` ZU42Y �4 4 Oi 1 0 3 _U IL Lill t� 9 ✓�° i cn. ow� 101 luf� tnt Gi 20420,1 Ea i it UeO W (p y ii 0 nni 0.2 0.4 0.6 Copyright© and (P) 1988-2006 Microsoft Corporation and/or its suppliers. All rights reserved. hftp:/Avww.microsoft.com/mappoint/ Portions ©1990-20051nstallShield Software Corporation. All rights reserved. Certain mapping and direction data © 2005 NAVTEQ. All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities, including: © Her Majesty the Queen in Right of Canada, © Queen's Printer for Ontario. NAVTEQ and NAVTEQ ON BOARD are trademarks of NAVTEQ. O 2005 Tele Atlas North America, Inc. All rights reserved. Tele Aflas and Tele Atlas North America are trademarks of Tete Atlas, Inc. Exhibit A, PG&E SmartMeter Equipment on the City of Ukiah Streetlights, 05-26-10 Ukiah MRO PGSiE$ .ani Smart How will the SmartMeter program support public policy objectives? The SmartMeter program supports several important public policy objectives: increased grid reliability, reduced procurement costs, reduced environmental impact, and better customer service. Over the next several years, the SmartMeter program promises to lower peak electricity demand by enabling voluntary rates that encourage customers to shift electric use away from periods when demand for energy is greatest (e.g. summer afternoons). These voluntary rates will be available to customers with SmartMeter electric meters as soon as summer 2008. Reductions in peak electricity demand support three important policy objectives. Increased grid reliability: Lower peak demand reduces strain on the electric grid, thereby enhancing grid reliability. Greater grid reliability means fewer energy outages. Reduced procurement costs: It is very expensive to buy or generate electricity during peak periods. Lower peak demand reduces the need to procure expensive electricity and lowers the average cost of electricity overall. Reduced environmental impact: Lowen peak electricity demand reduces the need.to .use less environmentally friendly generation facilities, thereby reducing emissions.of carbon dioxide and other potentially harmful gases. In addition, the SmartMeter program will enable a number of improvements in customer service. For example, the information made available by the network will allow more precise outage detection and enable faster power restoration. The SmartMeter system will also improve billing and metering service, and make meter reading more convenient for customers and the community. In the long run, the core infrastructure put in place through the SmartMeter program may enable a range of new service offerings that will not only reduce peak demand, but can lead to lower energy use generally. Emerging innovations such as home energy management systems, building automation, and direct load control could utilize information communicated through an advanced SmartMeter infrastructure. Automated metering - and the management of energy demand it will enable - is a cornerstone of California's effort to lead in the area of sustainable development. PGE '% Smarteter`� How is the SmartMeter infrastructure different from WiFi , infrastructure? Both the SmartMeter system and WiFi are communications networks based on radio frequency technology. In this, they are similar. In a more important respect, however, the SmartMeter program and WiFi are very different. The SmartMeter program is an upgrade to PG&E's existing utility infrastructure. As such, it is an extension to a core infrastructure that is publicly authorized and regulated to serve the common good. It is - comparable to upgrades to other publicly provided essential service infrastructures such as streets, water treatment facilities, and emergency services. SmartMeter is a public benefit program — an extension of the regulatory mandate to provide reliable electric service to the communities of Northern and Central California. WiFi vendors operate under a much different missionandframework. As private businesses, they lack a mandate to serve the, public good and are free to charge their customers whatever the market will bear. Although both the SmartMeter program and WiFi leverage the same technology, they do so toward very different ends. PG&E � Smar. Meter What is the SmartMeter program? PG&E's SmartMeter program is the largest and among the.most advanced deployments of automated metering infrastructure (AMI) technology in the United States to date. Through 2011, we are deploying 10.3 million SmartMeter gas and electric meters, a supporting communications network, and back- end systems to deliver SmartMeter capability to all of the millions of customers we serve. The SmartMeter system will collect customer energy use data automatically and on a much more frequent basis. Traditionally, PG&E has used meter readers to manually collect data on customer energy use once a month for both gas and electric. With SmartMeter; we will automatically collect customer energy use data at much shorter intervals - once an hour or every minutes for electric, and daily for gas. Why is PG&E implementing the SmartMeter program? California has a long history of innovation in energy. The state leads in energy conservation with among the lowest per capita energy consumption in the nation. It has managed to hold per capita energy consumption flat in spite of tremendous economic growth — this, at a time when per capita energy consumption across the country has increased substantially. The introduction of automated metering to customers is just another example of California's innovation in energy. As a result of the energy crisis of the early 2000s, the CPUC recognized the need to provide energy customers information on the'' cost of the energy they consume. .Today most customers pay a fixed price for electricity, even though the cost of electricity varies substantially over the course of the day and year. The cost is much greater during peak times —for, example, between.2 and 7 on summer afternoons Automated metering allows utilities to track energy use by time interval and provide customers information on the true cost impact of their electricity use. When coupled with rates and incentives, this information promises to motivate customers to conserve or shift their energy use to other times of the day. This closer linkage between energy supply and energy demand will create a number of benefits for our customers, the State, and our communities, as outlined below. In addition, the SmartMeter program puts in place a core platform that will enable California to develop an advanced, high-tech electric grid of the future - what we call a Smart Grid. Although it will take years to evolve, this Smart Grid will support an expanded range of products and service offerings, enhanced customer service, streamlined operations, and environmental benefits. PGAE �& SmartMeter How does the SmartMeter program benefit customers? The SmartMeter system will enable PG&E to improve operations and provide our customers enhanced customer service. With the SmartMeter program, customers will benefit from: Fewer interruptions: We'll collect meter data without setting foot on our customers' properties or interrupting their schedules. Faster power restoration: We'll be able to pinpoint power outages and restore our customers' power faster. Faster problem resolution: We'll be able to resolve service problems more easily and, in many cases, without sending service personnel to visit the customers' homes or businesses. Better billing: Because we no longer have to depend on in-person meter readings, we'll no longer have to estimate customers' bills when we can't access their meters. In addition, the SmartMeter system will enable PG&E to provide customers greater choice and control. With the interval data collected through the SmartMeter system, we will be able to offer our customers new time -of -day electric pricing plans. These plans create opportunities for customers to save by modifying how much electricity they use, and when they use it. To the extent they conserve of shift their energy use away from times of highest electric demand (and prices), customer can save on their energy bills. Finally, we.will provide our customers the ability to monitor their own energy, use via the Internet and see when they are using the most, energy. We will offer customers on-line.tools to. support theirdecisions on- how and when to use energy,: When coupled with time -of -day electric pricing plans, on-line energy use`°data will deliver our customers the understanding, they need to more. actively. manage their' energy use, and save. How does the SmartMeter system benefit California? The SmartMeter system will enable a range of new tools — both pricing plans and enabling technologies — through which regulators and grid operators can influence energy demand. Using these new tools, regulators and grid operators will be better able to ensure that energy supplies and demands are in balance. The result is an increase in system reliability and a reduction in average energy procurement costs, both of which benefit the State's economy and its citizens. In addition, better alignment between electric supply and demand can yield positive environmental benefits for the State in the form of fewer power plants, less frequent use of older, inefficient (and dirtier) power plants, and an increased useful life for existing transmission and distribution equipment. PGE Smartm.eter How does the SmartMeter system benefit our communities? The SmartMeter program will benefit community efforts to plan for and foster sustainable development. Community leaders can leverage energy use data aggregated to the neighborhood and community levels to identify and promote opportunities to make their communities more sustainable in a number of ways, including: improving land use; recognizing opportunities for local, renewable generation; supporting energy efficiency; and,, promoting conservation. How does SmartMeter technology work? In our SmartMeter program, we work hard to ensure we are leveraging the latest advances in automated metering technologies while at the same time ensuring that the technologies we deploy are cost-effective, reliable, and robust. To this end, PG&E is currently deploying a radio frequency (RF) technology for both gas and electric. Each SmartMeter gas and electric meter is outfitted with a module that records customer energy use on a defined schedule — hourly for residential electric, 15 minute intervals for commercial electric, and daily for gas. Periodically, this SmartMeter module sends recorded energy use information over a radio frequency signal to a nearby data collection unit, typically a small box mounted on a neighborhood_ streetlight. This data collector unit bundles.the data from multiplo'meters and sends it to PG&E using a public network, typically a wireless network At PG&E; this, energy usage data is stored in a centralized data warehouse, where it is validated and made available for use in a wide range of back= end IT systems, including billing. How does the SmartMeter program support California's energy future? The SmartMeter program puts in place a core infrastructure that will enable a new energy future for California. When upgraded with advanced capabilities, the SmartMeter electric system will enable such innovations as: Home energy management systems that automatically adjust energy use to account for its cost, thereby enabling customers to achieve a desired balance between comfort and convenience on the one hand, and cost on the other. Widespread deployment of distributed generation and storage that will provide customers the opportunity to draw electricity from the grid when it is cheapest (at night) and feed it back into the grid when it is more expensive (late afternoons). In this way, customers can minimize their average cost of electricity and maximize the benefit they receive from on-site distributed generation. P68E Smart N e r \N Electric and plug-in hybrid electric vehicles that charge when electric prices are at their lowest (at night) and have the potential to feed electricity back into the grid when electric prices are at their highest (late afternoons). Over time, the SmartMeter program will enable PG&E to transform its relationship with customers. Through SmartMeter, we will be able to give our customers the tools and the know-how to be smarter energy consumers in a world where we all will be more aware of and engaged in our energy choices. PGfiIE SmartMeter`�� Pacific Gas and Electric Company's SmartMeter gas equipment consists of a ACLARA Company STAR® Meter Transmission Unit (MTU) and a STAR® Data Collector Unit (DCU). MTUs are mounted to gas meters. DCUs are mounted to distribution poles, street light or transmission towers. Both MTUs and DCUs emit radio frequencies in the 460 Mhz region. The SmartMeter network is operated under a license with the Federal Communication Commission (FCC) and complies with all rules concerning radio frequency interference The equipment used in the SmartMeter gas network (supplied by Aclara Company) has been certified by the FCC to comply with Part 15 and Part 90 of the FCC Rules. ATTACHMENT 5 authorized bandwidth, frequency stability, . effective radiated power, and harmful interference. The MTUs and DCUs are, designed to operate in the 450-470 Mhz range. Standards set a maximum power. density " s' these devices can use when operating in this frequency range. The MTUs and:---- DCUs radiate radio frequency energat extremely low levels -a small fraction of the limit set by national standards. And they do not transmit continuously. Instead, they transmit low-power radio frequency transmissions in short bursts. DCU transmission bursts last a maximum of 150 milliseconds and occur no more than once every 15 minutes. MTU transmission bursts last a maximum of 180 milliseconds and are currently scheduled to occur every 4-6 hours. Part 15 and Part 90 set limits to provide reasonable protection against harmful radio frequency interference. Part 15 sets standards for radio frequency equipment typically used in the home, like cordless phones. Part 90 sets more stringent standards that apply to applications used in commercial settings. Compliance with the FCC License requires strict adherence to regulations that apply - but are not limited to - assigned frequency band, SmartMeter MTU and DCU equipment generates, uses, and can radiate radio frequency energy. When used in accordance with instructions, the equipment does not interfere with radio or television reception. In some infrequent instances the equipment can fail and cause interference. In these instances, PG&E will be responsible for investigating and mitigating the interference. City v,J- Ukiah ITEM NO.: 11g MEETING DATE: AGENDA SUMMARY REPORT December 1, 2010 SUBJECT: APPROVE THE PURCHASE OF 12 APPLE IPAD DEVICES TO SUPPORT THE CITY OF UKIAH'S PAPERLESS AGENDA INITIATIVE IN THE AMOUNT OF $11,205.97 Background: The City of Ukiah staff currently produces paper copies of the City Council and Redevelopment agendas for distribution to members of City Council, staff and public. Discussion: Submitted for the City Council's consideration and action is staff's recommendation to approve the purchase of 12 Apple 64GB WiFi iPads. The iPads are to be used as replacements for paper copies of City of Ukiah Council and Redevelopment agendas. Units will be assigned to each of the Council Members and additionally to staff as deemed necessary. To calculate the costs associated with the initiative we used estimates based on the year 2009. Based on the calculations on the attached worksheet the initiative would produce a 100% Return on Investment (ROI) in less than 14 months. The Paperless Agenda Initiative will: • Reduce agenda distribution costs • Enable easy navigation to specific agenda items • Provide the ability to search documents • Provide ability to print • Allow clearly viewable text, tables, charts, graphs and maps • Allow the annotation and markup of agenda documents 12 Apple iPad 64GB WiFi units would be purchased from the Santa Rosa Apple Store for $11,205.97 from account 100.1905.690.000, Supplies and Equipment. The decision to purchase the units directly from Apple is based on pricing as set by Apple and no discounts are available except by Apple directly. Continued page 2 Recommended Action(s): Approve purchase of 12 Apple iPad devices to support the City of Ukiah's Paperless Agenda Initiative for $11205.97 from account 100.1905.690.000, Supplies and Equipment, from the Santa Rosa Apple Store. Alternative Council Option(s): Reject and/or provide direction. Citizens advised: Requested by: Steven Butler, IT Supervisor Prepared by: Steven Butler, IT Supervisor Coordinated with: Jane Chambers, City Manager; JoAnne Currie, City Clerk Attachments: Paperless Agenda Worksheet, Quote from Santa Rosa Apple Store Approved: Vfiambers, City Manager Fiscal Impact: Budgeted FY 10/11 ❑ New Appropriation Not Applicable a Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $10,000.00 Supplies and Equipment 100.1905.690.000 $1,205.97 Paperless Agenda Initiative Return on Investment Worksheet Cost to provide printed copies of agendas per year: $9,128.00 Cost of existing process over 3 years: Cost of Wads to replace paper copies (pre tax): $10,406.64 Number of Months to reach ROI: 13.68 Savings over three years: $16,977.36 ($27,384.00 - $10,406.64) Assumptions Number of Council Meetings per year: 40 Number of pages per Council Agenda (avg. 2009): 127 Number of other meetings with agendas: 25 Number of pages per agendas for other meetings: 25 Number of packets produced per meeting: 20 Cost of copies per page: $0.08 Cost of Wads (includes Wad, case & screen protectors): $867.22 Numer of units to be purchased: 12 $27,384.00 0 2 Ez M z .—I ENGAGE Al IAUHMLN I :"— 11/23/10 12:27 PM Estimated Total (USD) $11,205.97 Comments for customer: *The sales tax listed on this Proposal is only an estimate. The final total sales tax will be reflected on your receipt/invoice and will include state and local sales taxes, as well as any applicable rebates or fees. The product availability and pricing are subject to change without notification. The configurations and pricing noted in this proposal are valid for a period of 15 days, and are specifically intended for purchase by the afore cited organization. Consideration for Business pricing is made based on the type of product, the quantity, and the availability of the products ordered. For further information regarding this proposal please call your local Apple Retail Store Business Manager. Signature Date Ship complete —^� (check one) ❑ Yes ❑ No Your signature acknowledges that you have requested the above items be ordered via the Apple Store online and that you understand the return policy for the selected items. If paying with a credit card your account will be charged when your order ships. This is not a receipt. You will receive an invoice via mail or email separate from your shipment. Yes, I'd like to receive Apple news, software updates, special offers and information about related products and services. (check one) ❑ email ❑ mail http://gcrmengage.corp.apple.com/Engage/faces/PrintQuote.jsp Page 1 of 1 Apple Store, Santa Rosa Plaza 1 Santa Rosa Plaza Santa Rosa, CA 95404 www.apple.com/retailtbusiness/ November 23, 2010 Prepared For Prepared By Proposal 75693504 Chris Dewey Derek Vanderby . City of Ukiah 707-521-3100 300 Seminary Ave santarosabusiness@apple.com Ukiah, CA 95482 707-462-6068 cdewey@cityofukiah.com Apple PartDiscount Product Description Qty Unit Price Total Percentage Discount Amount Total Less Discount Tax Exempt Number MC308LL/A ITS ONLINE PPD CARD 100 USD 6 $ 100.00 $ 600.00 0.00% $ 0.00 $ 600.00 Y MB294LL/A IPAD 64G WIFI 12 $ 699.00 $ 8,388.00 2.00%n $ 167.76 $ 8,220.24 MC361ZMIB IPAD CASE 12 $ 39.00 $ 468.00 10.00% $ 46.80 $ 421.20 53791LL/A APP FOR IPAD - RAE -USA 12 $ 99.00 $ 1,188.00 10.00% $ 118.80 $ 1,069.20 Y CA REC FEE 4- CALIFORNIA RECYCLE FEE 4"-15" 12 $ 8.00 $ 96.00 0.00% $ 0.00 $ 96.00 Y 15 Total 54 $ 10,740.00 $ 33336 $ 10,406.64 Subtotal Taxable: $ 8,641.44 Estimated Tax @9.25%: $799.33 Recycle/eWaste: $ 0.00 Estimated Total (USD) $11,205.97 Comments for customer: *The sales tax listed on this Proposal is only an estimate. The final total sales tax will be reflected on your receipt/invoice and will include state and local sales taxes, as well as any applicable rebates or fees. The product availability and pricing are subject to change without notification. The configurations and pricing noted in this proposal are valid for a period of 15 days, and are specifically intended for purchase by the afore cited organization. Consideration for Business pricing is made based on the type of product, the quantity, and the availability of the products ordered. For further information regarding this proposal please call your local Apple Retail Store Business Manager. Signature Date Ship complete —^� (check one) ❑ Yes ❑ No Your signature acknowledges that you have requested the above items be ordered via the Apple Store online and that you understand the return policy for the selected items. If paying with a credit card your account will be charged when your order ships. This is not a receipt. You will receive an invoice via mail or email separate from your shipment. Yes, I'd like to receive Apple news, software updates, special offers and information about related products and services. (check one) ❑ email ❑ mail http://gcrmengage.corp.apple.com/Engage/faces/PrintQuote.jsp Page 1 of 1 ITEM NO.. MEETING DATE: C'i.Zy 0f,7-I/C3'tifi AGENDA SUMMARY REPORT 11h December 1, 2010 SUBJECT: A REPORT TO CITY COUNCIL REGARDING PRESERVATION OF THE UKIAH DOWNTOWN POST OFFICE LOCATION Background: At its meeting of November 17, 2010, the City Council received comment from a member of the public concerned that the United States Postal Service ( USPS) had decided to close the downtown post office location and move all operations to the Annex located on Orchard Avenue. As a result of these comments, Council member Rodin requested that the matter be placed on the next available agenda for further Council discussion. Subsequent to those public comments, the Ukiah Daily Journal received a letter to the editor from the USPS stating that the USPS has no plans to close the downtown office at this time, and indicating that the public would receive notice about such a closure as part of closure protocol and routine if in the future, such a decision is considered by the USPS. A copy of the letter from the UDJ is attached. Discussion: The City of Ukiah would want to be part of discussion and decisions regarding closure of the downtown post office location, both as a matter of concern about its effects on the downtown economy, but also, out of concern for re -use of an important landmark building in the community. City staff had planned to make contact with responsible parties in the post office in order to establish a relationship and assure that any such future discussions will include the City and its interests. The Council may wish to direct that a letter be written and signed by the Mayor, expressing the City Council's concern that any further discussions regarding this matter include the City of Ukiah, and stressing the importance of this facility to the community. The letter can include the names and contact information for City officials and staff that the USPS may need in future to make contact. Fiscal Impact: Budgeted FY 10/11 F-1 New Appropriation Fx—] Not Applicable 1-1 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Recommended Action(s): City Council receive report and provide any further direction to staff as necessary. Alternative Council Option(s): N/A Citizens advised: Requested by: Councilmember Mari Rodin Prepared by: Jane Chambers, City Manager Coordinated with: Attachments: Ukiah Daily Journal, Letter to the Editor Approved: P -Chambers, City Manager ATTACHMENT f