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HomeMy WebLinkAbout2012-06-06 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 6, 2012 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation: Airport Day 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Joint Council/UVSD Minutes of 10/13/11 b. Regular Minutes of 5/16/12 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. Adopt Ordinance Establishing A City Design Review Board b. Approval Of Publishing Services By Ukiah Daily Journal For Fiscal Year 2012/2013, In The Amount Of $6.25 Per Column Inch For The First Insertion And $4.26 Per Column Inch For Additional Insertions Of The Same Advertisement, Plus A Non-Optional First Run Online $1.25 Charge c. Report Of Disposition Of Surplus Materials, Used Equipment And Supplies d. Airport Month To Month Rental Agreement 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. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Approve Contract With Environmental Science Associates For The Preparation Of A Greenhouse Gas Emissions Inventory And Climate Action Plan b. Authorize The City Manager To Negotiate And Execute A Professional Services Agreement With GHD In An Amount Not To Exceed $259,998 For Engineering Services For The Talmage Rd, Hwy 101, South Bound Off Ramp And Intersection And Approve All Corresponding Budget Amendments And Transfers 13. NEW BUSINESS a. Airport Tenant Improvement Program Guidelines b. A Resolution Of The City Council Of The City Of Ukiah, California, Calling For The Holding Of A General Municipal Election November 6, 2012, For The Election Of City Council Candidates, City Treasurer, And Any Ballot Measures; To Consolidate Said Election With The Statewide General Election Held On The Same Date Pursuant To Elections Code §10403; And Requesting The Board Of Supervisors Of The County Of Mendocino To Request The County Clerk To Conduct The Municipal Election Of The City Of Ukiah On Tuesday, November 6, 2012 Pursuant to Elections Code §10002. 14. CITY OF UKIAH, AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY a. Consider And Discuss The State Of California Department Of Finance’s (DOF) Approval Of Recognized Obligation Payment Schedule For The Periods January – June 2012 And July – December 2012 And Provide Direction To Staff. Receive Report From Staff Regarding Litigation Filed And Proposed By Other Successor Agencies And Interested Parties. 15. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Conference with Legal Counsel –Existing Litigation (Subdivision (a) of Gov’t Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price & Terms c. 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, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 001-090-01, and 02 (599 Park Bl.) Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah, Ukiah Men’s Golf Club, and Tayman Park Under Negotiation: Price & Terms 16. 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 Thursday, 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 31st day of May, 2012. Linda Brown, City Clerk Page 1 of 2 10/13/2011 CITY OF UKIAH CITY COUNCIL MINUTES UKIAH VALLEY SANITATION DISTRICT Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 10/13/2011 ______________________________________________________________________ 1. Roll Call Ukiah City Council met at a Special Joint Meeting of the Ukiah City Council and the Ukiah Valley Sanitation District (UVSD) on October 13, 2011, the notice for which having been legally noticed on October 6, 2011. Mayor Rodin called the meeting to order at 6:01 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Baldwin, Crane (arriving at 6:08 pm), and Mayor Rodin. Councilmembers absent: None. City Staff present: City Manager Chambers, Director of Finance Elton, Director of Public Works/City Engineer Eriksen, City Attorney Rapport, and City Clerk Currie. Sanitation District Board present: Chair Ronco, McNerlin, Marshall, and Pallesen. Sanitation District Board absent: Porter. UVSD Staff present: UVSD District Manager/Clerk Kennedy, County Council Walker, and Board Secretary Clark. 2. Presentation from Honeywell regarding the WWTP Renewable Energy Project Proposal City Manager Chambers presented the item. This project is not recommended for City Council adoption because it does not appear to be viable. Councilmember Crane arrived 6:08 pm. Rob Falco, Honeywell, provided a presentation reviewing community benefits that would be connected to a Waste Water Treatment Plant (WWTP) renewable energy project. Public Comment: JR Rose suggests adding a dump station at the WWTP. 3. Discussion of District Ordinance 35 Pertaining to Sewer Connection Fees City Manager Chambers presented the item. Recommended Action(s): Request that UVSD staff work with the City staff to evaluate and present a connection fee to both bodies for consideration. UVSD provided direction to their staff to work with City staff on a more uniform fee structure. 4. Request for Update of Noticing to Property Owners of Delinquent Sewer Charges Associated with Rented Properties Chair Ronco presented the item. Item 5a Page 2 of 2 10/13/2011 City Council directed staff to work with UVSD staff on noticing property owners of delinquent sewer charges using the database provided by UVSD. Cost analysis of the noticing process is needed; the Board supported paying any additional costs. 5. Budget Transfer Authority Provided to the City Manager as it Pertains to Joint Sewer Funds District Manager Kennedy presented the item and noted that the current process appears to be working. City's Recommended Action(s): continue current financial oversight practices with regard to the joint operations account in Fund Account 612. Direct any further discussion necessary of these practices to Ad/Hoc committee reviewing and making recommendation with regard to the Participation Agreement. No action taken. 6. Discussion of Disputed Budget Items Relating to Fines, Penalties, Collection System Emergencies, and the Seventh Water/Sewer Attendant Position City Manager Chambers presented the item. Recommended Action(s): request that the UVSD indemnify the City if the Water/Sewer Attendant position is eliminated. Regarding the 7th water/sewer position, Chambers suggested the City and UVSD together obtain the Water Board’s position on the matter. UVSD supported the suggestion. 7. Public Comment 8. Adjournment There being no further business, the meeting adjourned at 7:07 pm. _____________________________ JoAnne M. Currie, City Clerk Page 1 of 7 5/16/2012 CITY OF UKIAH 5b CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 5/16/2012 ______________________________________________________________________ 1. ROLL CALL Ukiah City Council met at a Regular Meeting on May 16, 2012, the notice for which being legally noticed on May 10, 2012. Mayor Landis called the meeting to order at 6:02 pm. Roll was taken with the following Councilmembers present: Thomas, Rodin (arriving 6:25 pm), Baldwin, Vice Mayor Crane, and Mayor Landis. Councilmembers absent: None. Staff Present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Currie, Director of Community Development Stump, Project & Grant Administrator Mills, and Electric Utility Director Grandi. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation: Jamie Connerton Appreciation, Paths, Open Space, and Creeks Commission (POSCC). Mayor Landis read and presented the proclamation to Jamie Connerton. Mr. Connerton spoke to his years serving on the POSCC. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of 5/2/12 M/S Crane/Baldwin to Approve the Regular Minutes of 5/2/12 as submitted. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for Month of April 2012 b. Authorize The City Manager To Execute A Subordinate Loan Consent Document And Any Other Related Document For The Rural Communities Housing Development Corporation - Clara Court Project (Housing Successor Agency Item). c. Approval Of Notice Of Completion For Anton Stadium Restoration Engineered Steel Building, Specification 11-02. d. Authorize The City Manager To Execute Amendment No. 3 To GHD, Inc For Engineering Services For The Wastewater Collection Facilities Planning Study For An Amount Not To Exceed $66,430. Page 2 of 7 5/16/2012 M/S Thomas/Baldwin to Approve items 7a-7d. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mike Peterson (Davy Crocket) suggested the businesses of In & Out and Golden Corral come to Ukiah as they would help bring other business to town. Charlie Vaughn, Landscaper from Redwood Valley, spoke to the stabilization of the Fukushima Daiichi Unit 4 spent unclear fuel pool. Vaughn asked City Council to participate with writing a letter to send to our legislators and the President requesting a nuclear summit to discuss options. It might also be wise to encourage other municipalities to join in on such a letter. Mayor Landis requested he provide a letter and information to the City Council. Paul Camp, Ukiah Valley Community Television (Mendocino Public Access Television), president of organizing board announced that John Glassco has retired and Erica Cooperrider is the new Executive Director. The group will be seeking memberships. 9. COUNCIL REPORTS Councilmember Baldwin asked when Council will consider detachment of remaining city residences from Ukiah Valley Sanitation District, when will Council receive a status report on sign ordinance enforcement, and when will Council receive a status report on the new and old substation at Orchard and Gobbi. 10. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported the City received a rejection letter from CDBG on a grant for sewer laterals. The State could not show an audit was submitted because they cannot locate it. It appears this form letter has been sent to many cities. Staff will continue to look into the issue. Councilmember Rodin arrived 6:25 pm. City Clerk Currie announced her resignation. 11. PUBLIC HEARINGS (6:15 PM) a. Receive Report From The City Council Palace Hotel Ad-Hoc Committee, Hear From The Public, And Consider Adopting The Resolution Ordering The Repair Or Removal Of The Dilapidated Palace Hotel Structure Located At 272 North State Street Director of Planning and Community Development Stump presented the item. Recommended Action(s): 1) Receive verbal report from the City Council Ad-Hoc Committee; 2) Hear from the public and consider any objections or protests to adopting the Resolution; and 3) Either adopt the Resolution ordering the Department of Public Works to abate the nuisance or provide additional time for the owner to develop and implement a Plan to abate the nuisances and restore or demolish the building. Page 3 of 7 5/16/2012 Eladia Laines (owner), Norman Hudson (contractor), Carole Chapman (lead paint contractor) addressed City Council. An encroachment permit has been obtained, scaffolding is up, and vines have been removed. An inventory of historical items has started. A photography documentation on CD was provided to each Councilmember. Laines preformed the research on Norman Coulter at the UC Berkeley Bancroft Library she was asked to do at the Ad Hoc Committee meeting and has that on a flash drive. Laines reported on the progress of the title and provided City Council with a letter from the title company and expects to hear from them this week. Norman Hudson reported he is pleased with the progress on the project. Carole Chapman is a certified renovator and will be working for Hudson’s company on the lead paint issue. Hudson’s company will become a certified restoration company soon. Eladia Laines stated they are still looking for an asbestos contractor. Tuesday, June 5 is next Ad Hoc Committee meeting with Laines. Chris Brown, Air Pollution Control Officer for Mendocino County, expressed concerns over the media and others having access to the building because of pollution; access should be limited because no permit has been issued. Director Stump said the building should not be open to the public, it is red tagged (stop work order), and nothing should be removed because no permit is issued. Mike Peterson (Davy Crocket) suggests moving faster on the Palace, the longer it takes the worse the damage. Does not support demolition of the hotel; it is part of Ukiah's history. Ross Christenson owns the building across Smith Street from the Palace and spoke to the professionalism of the crew working on the building. He hears many people are happy it is being worked on and thinks this work will help the downtown blossom. Hopes the governmental agencies in the County will offer more assistance and help them get the work done. Public Hearing Continued to a date certain, June 20, 2012. M/S Crane/Baldwin to approve Public Hearing Continued to a date certain, June 20, 2012. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None b. Conduct A Public Hearing And Introduce Ordinance Amending Division 1, Chapter 4 And Division 9, Chapter 2 Of The Ukiah City Code Establishing The City Of Ukiah Design Review Board Planning and Community Development Director Stump presented the item. Recommended Action(s): Conduct a public hearing and Introduce ordinance by title only establishing the City of Ukiah Design Review Board. Page 4 of 7 5/16/2012 Open the Public Hearing 7:00 pm Public Speaking to the Item: Judy Pruden, Planning Commissioner, said the previous board had been invaluable to the Planning Commission and supports the ordinance. Public Hearing Closed 7:05 pm M/S Rodin/Thomas to approve by introduction of the ordinance by title only. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Currie read the title of the ordinance. M/S Baldwin/Rodin to approve introduce the ordinance. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS a. Receive Project Status Update And Approval To Release The Bid For The Fire Suppression System At Anton Stadium. Project & Grant Administrator Mills presented the item. Recommended Action(s): Receive status update on the Anton Stadium Project and approve the release of Bid - Fire Suppression System. M/S Rodin/Crane to approve release of Bid for a wet, insulated and a dry pipe Fire Suppression System. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. Appointment of Ad Hoc Committee Regarding Revisions to the City Manager’s Contract City Manager Chambers presented the item. Recommended Action(s): appoint ad hoc committee members. Councilmember Rodin and Vice Mayor Crane were appointed to the ad hoc committee. Public Comment Opened 7:52 pm Public Speaking to the item: Judy Pruden Public Comment Closed 7:55 pm. Recessed 7:55 pm Reconvened 8:05 pm Page 5 of 7 5/16/2012 b. Ad Hoc Committee Appointments For Discussions with Sun House Guild and Museum Endowment Representatives Regarding FY 2012/13 General Fund Support City Manager Chambers presented the item. Recommended Action(s): appoint ad hoc committee members. Councilmember Thomas and Mayor Landis were appointed to the ad hoc committee. Public Comment Opened 8:06 pm Public Speaking in Support of No Reductions to the Museum: Armond Brent, Monte Hill, John Moon, Surya O’Shea; Indra O’Shea, Siobhan O’Shea,Candace Horsley, Page Poulos, and Judy Pruden. Public Comment Closed 8:36 pm c. Consideration Of Establishing An Electric Utility Rate Ad Hoc Committee And Appoint Two Members To Explore Service And Rate Options To Assist Staff In Exploring Business Models. (EUD) Electric Utility Director Grandi presented the item. Recommended Action(s): consideration of establishing an electric utility rate ad hoc committee and appoint two members to explore service and rate options to assist staff in exploring business models. Vice Mayor Crane and Councilmember Thomas were appointed to the ad hoc committee. Public Comment opened 8:45 pm Public Speaking to the Item: JR Rose Public Comment closed 8:49 pm d. Authorize The Electric Utility Director To Initiate A Process To Determine Appropriate Energy Storage Capacity Targets In Accordance With AB 2514 Electric Utility Director Grandi presented the item. Recommended Action(s): An order to implement the requirements of AB 2514, staff requests that the City Council direct the Electric Utility Director to initiate a process to determine the appropriate level, if any, of viable and cost effective energy efficiency that can be procured by the City by the dates set forth in the legislation. M/S Crane/Baldwin to approve Authorize staff to initiate a process to determine the appropriate level, if any, of viable and cost effective energy efficiencies that can be procured by the City by the dates set forth in the legislation. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None e. Approve NCPA Legislative & Regulatory Affairs Program Agreement & Page 6 of 7 5/16/2012 Authorize The City Manager To Execute All Necessary Documents (EUD) M/S Rodin/Crane to approve Recommended Action Electric Utility Director Grandi presented the item. Recommended Action(s): Approve resolution approving a program agreement between the City of Ukiah and the Northern California Power Agency (NCPA) to provide legislative and regulatory affairs services, supporting the City of Ukiah membership in NCPA. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None 14. CITY OF UKIAH, AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY a. Consider And Approve The Oversight Board's Request For Independent Legal Counsel From Betsy Strauss, Authorize The City Manager To Execute The Corresponding Contract For Professional Services, And Approve Corresponding Budget Amendments/Allocations From The Successor Agency's Administrative Allowance. Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Consider and approve the Oversight Board’s request for independent legal counsel from Betsy Strauss, authorize the City Manager to execute the corresponding contract for professional services, and approve corresponding budget amendments/allocations from the Successor Agency's administrative allowance. Councilmember Crane left dais 8:56 pm Rapport explained that the Agency’s administrative cost allowance would not be the appropriate source to fund the agreement. Suggests the approval of the agreement be subject to Oversight Board amending the administrative budget to include this item and that it not be listed under administrative cost allowance and the designated source of payment be the trust fund. Councilmember Crane returned to dais 9:01 pm M/S Crane/Rodin to Approve the contract on the condition that the administrative budget be revised to include this item as an additional line item, that the ROPS be revised to add this as an additional enforceable obligation, and designate the revenue sharing trust fund as the payment source. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None Adjourned to closed session at 9:16 pm. 15. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Legal Counsel -Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution Page 7 of 7 5/16/2012 under Participation Agreement) b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price & Terms c. 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, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 001-090-01, and 02 (599 Park Bl.) Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah, Ukiah Men's Golf Club, and Tayman Park Under Negotiation: Price & Terms Councilmember Baldwin left 9:47 pm. Reconvened in Open Session at 9:56 pm with no reportable action. 16. ADJOURNMENT There being no further business, the meeting adjourned at 9:56 pm _____________________________ JoAnne M. Currie, City Clerk CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 6, 2012 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation: Airport Day 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Joint Council/UVSD Minutes of 10/13/11 b. Regular Minutes of 5/16/12 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. Adopt Ordinance Establishing A City Design Review Board b. Approval Of Publishing Services By Ukiah Daily Journal For Fiscal Year 2012/2013, In The Amount Of$6.25 Per Column Inch For The First Insertion And $4.26 Per Column Inch For Additional Insertions Of The Same Advertisement, Plus A Non-Optional First Run Online $1.25 Charge c. Report Of Disposition Of Surplus Materials, Used Equipment And Supplies d. Airport Month To Month Rental Agreement 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. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Approve Contract With Environmental Science Associates For The Preparation Of A Greenhouse Gas Emissions Inventory And Climate Action Plan b. Authorize The City Manager To Negotiate And Execute A Professional Services Agreement With GHD In An Amount Not To Exceed $259,998 For Engineering Services For The Talmage Rd, Hwy 101, South Bound Off Ramp And Intersection And Approve All Corresponding Budget Amendments And Transfers 13. NEW BUSINESS a. Airport Tenant Improvement Program Guidelines b. A Resolution Of The City Council Of The City Of Ukiah, California, Calling For The Holding Of A General Municipal Election November 6, 2012, For The Election Of City Council Candidates, City Treasurer, And Any Ballot Measures; To Consolidate Said Election With The Statewide General Election Held On The Same Date Pursuant To Elections Code §10403; And Requesting The Board Of Supervisors Of The County Of Mendocino To Request The County Clerk To Conduct The Municipal Election Of The City Of Ukiah On Tuesday, November 6, 2012 Pursuant to Elections Code §10002. 14. CITY OF UKIAH, AS SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY a. Consider And Discuss The State Of California Department Of Finance's (DOF)Approval Of Recognized Obligation Payment Schedule For The Periods January—June 2012 And July — December 2012 And Provide Direction To Staff. Receive Report From Staff Regarding Litigation Filed And Proposed By Other Successor Agencies And Interested Parties. 15. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Legal Counsel—Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under Participation Agreement) b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price &Terms c. 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, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price &Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 001-090-01, and 02 (599 Park BI.) Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah, Ukiah Men's Golf Club, and Tayman Park Under Negotiation: Price &Terms 16. 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 Thursday, 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 31st day of May, 2012. Linda Brown, City Clerk Item 5a CITY OF UKIAH CITY COUNCIL MINUTES UKIAH VALLEY SANITATION DISTRICT Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 10/13/2011 1. Roll Call Ukiah City Council met at a Special Joint Meeting of the Ukiah City Council and the Ukiah Valley Sanitation District (UVSD) on October 13, 2011:the notice for which having been legally noticed on October 6, 2011. Mayor Rodin calledthe meeting to order at 6:01 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Baldwin, Crane (arriving at 6:08 pm), and Mayor Rodin Councilmemters absent: None. City Staff present: City Manager Chambers, Director of Finance Elton, Director of Public Works/City Engineer Eriksen, City Attorney Rapport, and City Clerk Currie .Sanitation District Board present: Chair Ronco, McNerlin, Marshall,and Pallesen. Sanitation/District Board absent: Porter. UVSD Staff present: UVSD District;Manager/Clerk Kennedy, County Council Walker, and Board SecretaryClark. 2. Presentation from Honeywell%r girding the WWIP Renewable Energy Project Proposal City Manager Chambers presented the item �Thiproject is`not recommended for City Council adoption; causeitdoes not appearrto/be viable . Councilmember Crane arrived"6:08 pm. Rob Imo, oneywell, provided'a presentation reviewing community benefits that would be cor nectect to a Waste Water Treatmon Plant (WWTP) renewable energy project. Public Comment: JR%Rose suggests adding a dump station at the WWTP. 3. Discussion of District Ordinance' 5 Pertaining to Sewer Connection Fees City Manager hambert ,presented the item. Recommended Action(s): Request that UVSD staff worwith the,'City staff to evaluate and present a connection fee to both bodies for consideration '' UVSD provided direction to their staff to work with City staff on a more uniform fee structure. 4. Request for Update of Noticing to Property Owners of Delinquent Sewer Charges Associated with Rented Properties Chair Ronco presented the item. Page 1 of 2 10/13/2011 City Council directed staff to work with UVSD staff on noticing property owners of delinquent sewer charges using the database provided by UVSD. Cost analysis of the noticing process is needed; the Board supported paying any additional costs. 5. Budget Transfer Authority Provided to the City Manager as it Pertains to Joint Sewer Funds District Manager Kennedy presented the item and noted that the current process appears to be working. City's Recommended Action(s): continue current financial;,oversight practices with regard to the joint operations account in Fund Account 61 t Direct any further discussion necessary of these practices to Ad/Hoc committee reviewing and making recommendation with regard to the Participation Areement. No action taken. 6. Discussion of Disputed Budget Items'' Relating to Fines,,Penalties, Collection System Emergencies, and the Seventh Water/Sewer Attendant Position City Manager Chambers presented the item.%Recommended Action(s): request that the UVSD indemnify the City if the Water/Sewer Attendant position is eliminated. Regarding the 7th water/sewer positron, Chambers suggested the City and UVSD together obtain the Water Board's position on the matter. UVSD supported the suggestion. 7. Public Comment, 8. Adjournment There'* ung rxc further business,the'meeting, djourned at 7:07 pm. JoAnne M. Cuie, City Clerk Page 2 of 2 10/13/2011 CITY OF UKIAH 5b CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 5/16/2012 1. ROLL CALL Ukiah City Council met at a Regular Meeting on May 16, 2012, the notice for which being legally noticed on May 10, 2012. Mayor Landis called the meeting to order at 6:02 pm. Roll was taken with the following Councilmembers present: Thomas, Rodin (arriving 6:25 pm), Baldwin, Vice Mayor Crane, and Mayor Landis. Councilmembers absent: None. Staff Present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, City Clerk Currie, Director of Community Development Stump, Project & Grant Administrator Mills, and Electric'Utility Director Grandi. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation: Jamie Connerton'Appreciation, Paths, Open Space, and Creeks Commission (POSCC). Mayor Landis read and presented the proclamation to Jamie Connerton. Mr. Connerton spoke to his years serving on the POSCC. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of 5/2/12. M/S Crane/Baldwin to Approve the Regular Minutes of 5/2/12 as submitted. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for Month of April 2012 b. Authorize The City Manager To Execute A Subordinate Loan Consent Document And Any Other Related Document For The Rural Communities Housing Development Corporation - Clara Court Project (Housing Successor Agency Item). c. Approval Of Notice Of Completion For Anton Stadium Restoration Engineered Steel Building, Specification 11-02. d. Authorize The City Manager To Execute Amendment No. 3 To GHD, Inc For Engineering Services For The Wastewater Collection Facilities Planning Study For An Amount Not To Exceed $66,430. Page 1 of 7 5/16/2012 M/S Thomas/Baldwin to Approve items 7a-7d. Motion carried by the following roll call votes: AYES: Thomas, Baldwin, Crane, Landis. NOES: None. ABSENT: Rodin. ABSTAIN: None 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Mike Peterson (Davy Crocket) suggested the businesses of In & Out and Golden Corral come to Ukiah as they would help bring other business to town. Charlie Vaughn, Landscaper from Redwood Valley, spoke to the stabilization of the Fukushima Daiichi Unit 4 spent unclear fuel pool. Vaughn asked City Council to participate with writing a letter to send to our legislators and the President requesting a nuclear summit to discuss options. It might also be wise to encourage other municipalities to join in on such a letter. Mayor Landis requested he provide a letter and information to the City Council. Paul Camp, Ukiah Valley Community Television (Mendocino Public Access Television), president of organizing board announced that John Glasscohas retired and Erica Cooperrider is the new Executive Director. The group will be seeking memberships. 9. COUNCIL REPORTS Councilmember Baldwin asked when Council will consider detachment of remaining city residences from Ukiah Valley Sanitation District, when will Council receive a status report on sign ordinance enforcement, and when;will Council receive a status report on the new and old substation at,Orchard and Gobbi. 10. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported the City received a rejection letter from CDBG on a grant for sewer laterals. The State couldnot show an audit was submitted because they cannot locate it. It appears this form letter hae,been sent to many cities. Staff will continue to look into the issue. Councilmember Rodin arrived 6: 5`pn1. City Clerk Currie announced her resignation. 11. PUBLIC HEARINGS (6:15 PM) a. Receive Report From The City Council Palace Hotel Ad-Hoc Committee, Hear From The Public, And Consider Adopting The Resolution Ordering The Repair Or Removal Of The Dilapidated Palace Hotel Structure Located At 272 North State Street Director of Planning and Community Development Stump presented the item. Recommended Action(s): 1) Receive verbal report from the City Council Ad-Hoc Committee; 2) Hear from the public and consider any objections or protests to adopting the Resolution; and 3) Either adopt the Resolution ordering the Department of Public Works to abate the nuisance or provide additional time for the owner to develop and implement a Plan to abate the nuisances and restore or demolish the building. Page 2 of 7 5/16/2012 Eladia Laines (owner), Norman Hudson (contractor), Carole Chapman (lead paint contractor) addressed City Council. An encroachment permit has been obtained, scaffolding is up, and vines have been removed. An inventory of historical items has started. A photography documentation on CD was provided to each Councilmember. Laines preformed the research on Norman Coulter at the UC Berkeley Bancroft Library she was asked to do at the Ad Hoc Committee meeting and has that on a flash drive. Laines reported on the progress of the title and provided City Council with a letter from the title company and expects to hear from them this week. Norman Hudson reported he is pleased with the progress on the project. Carole Chapman is a certified renovator and will be working for Hudson's company on the lead paint issue. Hudson's company,will become a certified restoration company soon. Eladia Laines stated they are still looking for an asbestos contractor. Tuesday, June 5 is next Ad Hoc Committee meeting with Laines. Chris Brown, Air Pollution Control Officer for Mendocino County, expressed concerns over the media and others having access to the building because of pollution; access should be limited because no permit has been issued. Director Stump said the building should not be open to the public, it is red tagged (stop work order), and nothing should be removed because no permit is issued. Mike Peterson (Davy Crocket) suggests moving faster on the Palace, the longer it takes the worse the damage. Does not support demolition of the hotel; it is part of Ukiah's history. Ross Christenson owns the building across Smith Street from the Palace and spoke to the professionalism of the crew working on the building. He hears many people are happy it is being worked on and thinks this work will help the downtown blossom. Hopes the governmental agencies in the County will offer more assistance and help them get the work done. Public Hearing Continued to a date certain, June 20, 2012. M/S Crane/Baldwin to approve Public Hearing Continued to a date certain, June 20, 2012. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None b. Conduct A Public Hearing And Introduce Ordinance Amending Division 1, Chapter 4 And Division 9, Chapter 2 Of The Ukiah City Code Establishing The City Of Ukiah Design Review Board Planning and Community Development Director Stump presented the item. Recommended Action(s): Conduct a public hearing and Introduce ordinance by title only establishing the City of Ukiah Design Review Board. Page 3 of 7 5/16/2012 Open the Public Hearing 7:00 pm Public Speaking huthe Item:Judy Pruden. Planning Connnm� � oion� noidthe previous ordinance. Public Hearing Closed 7:05 pm M/S Rodin/Thormsmto approve by introduction of the ordinance by title only. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Currie read the title of the ordinance. M/S Baldwin/Rodin to approve introduce the ordinance. Motibn carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED a. Receive Project Status Update And Approval To Release The Bid For The Fire Suppression System At Anton Stadium. Project& Grant Administrator Mills presented the item. Recommended Action(s): Receive status update on the Anton Stadium Project and approve the release of Bid - Fire Suppression System. M/S Rodin(Crane to approye release of Bid for a wet, insulated and a dry pipe Fire Suppression System. Motion carried by the following roll call votes: AYES: Thomas Crane Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None. 13` NEVV BUSINESS a. Regarding Revisions to the City Manager's Contract City ted the item. Recommended Action(s): appoint ad hoc committee members. Councilmember n and Vice Mayor Crane were appointed to the ad hoc committee. Public Comment Opened 7:52 pm Public Speaking to the item:Judy Pruden Public Comment Closed 7:55 pm. Recessed 7:55 pm Reconvened 8:05 pm Page 4 of 7 5/102012 b. Ad Hoc Committee Appointments For Discussions with Sun House Guild and Museum Endowment Representatives Regarding FY 2012/13 General Fund Support City Manager Chambers presented the item. Recommended Action(s): appoint ad hoc committee members. Councilmember Thomas and Mayor Landis were appointed to the ad hoc committee. Public Comment Opened 8:06 pm Public Speaking in Support of No Reductions to the Museum:Armond Brent, Monte Hill, John Moon, Surya O'Shea; Indra O'Shea, Siobhan O'Shea,Candace Horsley, Page Poulos, and Judy Pruden. Public Comment Closed 8:36 pm c. Consideration Of Establishing An Electric Utility Rate Ad Hoc Committee And Appoint Two Members To Explore Service And RateOptions To Assist Staff In Exploring Business Models. (EUD) Electric Utility Director Grandi presented the item. Recommended Action(s): consideration of establishing an electric utility rate ad hoc committee and appoint two members to explore service and rate options to assist staff in exploring business models. Vice Mayor Crane and Councilmember Thomas were appointed to the ad hoc committee. Public Comment opened 8:45 pm Public Speaking to the Item:JR Rose Public Comment closed 8:49 pm d. Authorize The Electric Utility Director To Initiate A Process To Determine Appropriate Energy Storage Capacity Targets In Accordance With AB 2514 Electric Utility Director Grandi presented the item. Recommended Action(s): An order to implementthie requirements of AB 2514, staff requests that the City Council direct the Electric Utility Director to initiate a process to determine the appropriate level, if any, of viable and cost effective energy efficiency that can be procured by the City by the dates set forth in the legislation. M/S Crane/Baldwin to approve Authorize staff to initiate a process to determine the appropriate level, if any, of viable and cost effective energy efficiencies that can be procured by the City by the dates set forth in the legislation. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None e. Approve NCPA Legislative & Regulatory Affairs Program Agreement & Page 5 of 7 5/16/2012 Authorize The City Manager To Execute All Necessary Documents (EUD) M/S Rodin/Crane to approve Recommended Action Electric Utility Director Grandi presented the item. Recommended Action(s): Approve resolution approving a program agreement between the City of Ukiah and the Northern California Power Agency (NCPA)to provide legislative and regulatory affairs services, supporting the City of Ukiah membership in NCPA. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None 14. CITY OF UKIAH, AS SUCCESSOR AGENCY TOTHE UKIAH REDEVELOPMENT AGENCY a. Consider And Approve The Oversight Board'sRequest For Independent Legal Counsel From Betsy Strauss Authorize The`City Manager To Execute The Corresponding Contract For Professional Services, And Approve Corresponding Budget Amendments/Allocations From The Successor Agency's Administrative Allowance. Assistant City Manager Sangiacomo presented the item. Recommended Action(s): Consider and approve the Oversight Board's request for independent legal counsel from Betsy Strauss, authorize the. City Manager to execute the corresponding contract for professional; services, and approve corresponding budget amendments/allocations from the Successor Agency's administrative allowance. Councilmember Crane left dais 8;56 pm Rapport explained that the Agency's administrative cost allowance would not be the appropriate source to fund the agreement. Suggests the approval of the agreement be;subject to Oversight Board;amendikg;the administrative budget to include this item and that it not be listed under administrative cost allowance and the designated source of payment be'the trust fund. Councilmember Crane returned to dais 9:01 pm M/S Crane/Rodin to Approve the contract on the condition that the administrative budget be revised to include this item as an additional line item, that the ROPS be revised to add thisas an additional enforceable obligation, and designate the revenue sharing trust fund as the payment source. Motion carried by the following roll call votes: AYES: Thomas, Crane, Rodin, Baldwin, Landis. NOES: None. ABSENT: None. ABSTAIN: None Adjourned to closed session at 9:16 pm. 15. CLOSED SESSION -Closed Session may be held at any time during the meeting a. Conference with Legal Counsel -Existing Litigation (Subdivision (a) of Gov't Code Section 54956.9) Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution Page 6 of 7 5/16/2012 under Participation Agreement) b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco) Under Negotiation: Price &Terms c. 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, City Manager Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc., and Administrative Office of the Courts Under Negotiation: Price &Terms d. Conference with Real Property Negotiators 054956.8) Property: APN 001-090-01, and 02 (599 Park%BI.) Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah, Ukiah Men's Golf Club, and Tayman Park Under Negotiation: Price &Terms Councilmember Baldwin left 9:47 pm. Reconvened in Open Session at 9:56 pm with no reportable action. 16. ADJOURNMENT There being no further business,the meetingadjourned at 9:56 pm JoAnne M. Currie, CityClerk Page 7 of 7 5/16/2012 116. 4/ . ir.,_ ITEM NO.: 7a MEETING DATE: June 6, 2012 d:"itJ oj''WJaE AGENDA SUMMARY REPORT SUBJECT: ADOPT ORDINANCE ESTABLISHING A CITY DESIGN REVIEW BOARD SUMMARY: On May 16, 2012, the City Council voted 5-0 to introduce the ordinance establishing a City Design Review Board. The Ordinance has been prepared in final form and is ready for adoption. Fiscal Impact: 9 Budget Amendment Budgeted FY New X Not Applicable 10/11 Appropriation Required Recommended Action (s): 1 Adopt Ordinance Alternative Council Optiontsii: Do notadoptOrdinance and provide direction to Staff. Citizens Public advised advised: Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: 1) Ordinance iaha el L..---- Approved: , Jmbers, City Manager ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 1 (GOVERNMENT), CHAPTER 4 (COMMISSIONS AND BOARDS) OF THE UKIAH CITY CODE TO INCLUDE ARTICLE 4 (DESIGN REVIEW BOARD); AND DIVISION 9 (PLANNING AND DEVELOPMENT), CHAPTER 2 (ZONING) OF THE UKIAH CITY CODE BY ADDING LANGUAGE TO SECTION 9263(A). The City Council hereby ordains as follows. SECTION ONE—FINDINGS AND DECLARATIONS The City Council hereby finds and declares as follows. 1. The recent elimination of the Redevelopment Agency (RDA) has resulted in the dissolution of the RDA Downtown Design Review Board. 2. The City Council desires to have a Design Review Board to serve in an advisory capacity to the City staff, Zoning Administrator, Planning Commission and City Council on architecture and design, site planning, and other urban design matters. 3. The Design Review Board would serve an important function by assisting the Zoning Administrator, Planning Commission and City Council to implement the Ukiah General Plan and ensure the orderly growth and development of the City. 4. The Design Review Board members must be qualified by having a College degree, professional license, or employment experience in architecture and design, landscape architecture, building contracting, urban planning, civil engineering, or similar field of study or a combination of education and/or experience in lieu of a college degree, professional license, or employment experience. 5. The Design Review Board shall consist of a total of five (5) members, of which at least three (3) members shall be residents of the City or a business owner in the City and up to two (2) members shall be at-large without a residence or business located within the City. If no at-large candidates are available, the City Council may fill the board seats with City residents or City business owners. SECTION TWO Division 1, Chapter 4 and Division 9, Chapter 2, Article 20 of the Ukiah City Code are hereby amended to read as set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION THREE 1. COMPLIANCE WITH CEQA. The City Council finds that the abolition of redevelopment agencies makes the adoption of this ordinance necessary to continue the design review board. Since this ordinance continues the design review board under the authority of the City rather 1 than the City's Redevelopment Agency with few substantive changes to the composition or functioning of the design review board, the adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to 14 California Code of Regulations ("CCR") Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 14 CCR Section 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on May 16, 2012 by the following roll call vote: AYES: Councilmembers Thomas, Rodin, Baldwin, Vice-Mayor Crane, and Mayor Landis NOES: None ABSENT: None ABSTAIN: None Adopted on , 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mary Anne Landis, Mayor ATTEST: JoAnne Currie, City Clerk 2 EXHIBIT A DIVISION 1 GOVERNMENT CHAPTER 4 COMMISSIONS AND BOARDS ARTICLE 4B. DESIGN REVIEW BOARD SECTION: §1160: Creation §1161: Members; Appointment §1162: Residency §1163: Qualifications §1164: Expenses of Members; No Compensation §1165: Chairman; Officers §1166: Meetings; Rules; Records §1167: Attendance §1168: Board to Act in Advisory Capacity §1169: Duties of the Board §1160 CREATION: There is hereby created a Design Review Board for the City of Ukiah ("City"). §1161 MEMBERS; APPOINTMENT: Board shall consist of a total of five (5) members, of which at least three (3) members shall be residents of the City or a business owner in the City and up to two (2) members shall be at-large without a residence or business located within the City. If no at-large candidates are available, the City Council may fill the board seats with City residents or City business owners. At or near the beginning of his or her four(4) year term of office, each member of the City Council may nominate one Board member who shall be appointed to the Board, if approved by a majority vote of the City Council. Each Board member's term of office shall coincide with the four(4) year term of office of the City Council member who nominated him or her, regardless of whether that City Council member serves his or her full four(4) year term. If a Board member vacates his or her office before the expiration of his or her term of office, the City Council member who nominated that Board member(or a City Council member elected or appointed to fill the remaining unexpired term of office of the City Council member who appointed the Board member) may nominate a replacement to serve the remainder of that 3 Board member's term of office, who shall be appointed, if the nomination is approved by a majority vote of the City Council. If a City Council member's nomination receives less than a majority vote, he or she may nominate additional candidates, one at a time, until one of them is appointed by a majority vote of the City Council. Board members shall be nominated and voted upon at a single City Council meeting, unless a different procedure is approved by a majority vote of the City Council. If a City Council member fails to nominate a Board member within sixty (60) days after the vacancy occurs, a majority of the City Council shall fill the vacancy following the procedure used to appoint members to other city commissions and Boards. §1162 RESIDENCY: If Board members, other than the at-large members, move outside the city limits after appointment or they no longer own a business in the city limits for Board members qualified to serve on that basis, their terms are thereby terminated. §1163 QUALIFICATIONS OF BOARD MEMBERS Board members shall have sufficient education and/or experience to perform and fulfill the duties required in section 1169. This education and/or experience may consist of a college degree, professional license, or employment experience in architecture and design, landscape architecture, building contracting, urban planning, civil engineering, or similar field of study. Alternatively, the City Council may determine that a combination of education and/or experience in lieu of a college degree, professional license, or employment experience may qualify a candidate for the Board. §1164 EXPENSES OF MEMBERS; NO COMPENSATION: The members of the Board shall receive no compensation. §1165 CHAIRMAN; OFFICERS: The Board shall elect a chairperson from among the appointed members for a term of one year and, subject to other provisions of law, may elect such other officers, such as a vice-chairperson as it may determine. §1166 MEETINGS; RULES; RECORD: The Board shall hold at least one regular meeting each month at a time and place established by the Board, unless a lack of business or a lack of a quorum occurs. The Board shall adopt rules for the conduct of business and shall keep a written record of its findings and determinations, and overall business, which record shall be a public record. The City Manager may assign a city staff member to serve as the Board's recording secretary who shall prepare minutes for the Board's approval. Alternatively, if no recording secretary is assigned to the Board, the Board may assign meeting recording duties to a Board member, who shall prepare minutes for the Board's approval. 4 §1067 ATTENDANCE: If a Board member absents himself or herself from four(4) regular meetings in any twelve (12) month period without the prior approval of the Board, the City Council member who appointed him or her may vacant that Board member's seat and fill it as any other vacancy. §1168 BOARD TO ACT IN ADVISORY CAPACITY: Such Board shall act in an advisory capacity to the city staff, zoning administrator, planning commission and City Council in all matters pertaining to site development permit applications, planned development applications and precise development plans, and urban design. §1169 DUTIES OF THE BOARD: It shall be the function and duty of the Design Review Board to review proposed site development permit applications, planned development applications and precise development plans, work with staff and the applicants to ensure design consistency with the Ukiah General Plan, Zoning Code, and Design Review Guidelines, and make recommendations concerning architecture, site design layout, landscaping, parking, signage, exterior lighting, and other aspects of urban design to city staff, Zoning Administrator, Planning Commission and City Council as appropriate. 5 DIVISION 9 PLANNING AND DEVELOPMENT CHAPTER 2 ZONING ARTICLE 20 ADMINISTRATION AND PROCEDURES §9263 SITE DEVELOPMENT PERMIT PROCEDURES: The following regulations govern the submittal, review, and processing of site development permits: A. General: Site development permits shall be issued as provided in this Chapter only for site development projects for which such permits are required. The Design Review Board shall review and make recommendations to the Zoning Administrator, Planning Commission and City Council on site development permit applications, planned development applications and precise development plans. The Zoning Administrator or Planning Commission shall conduct a public hearing and decide all applications for site development permits required by this Chapter. If the Planning Director determines that the site development permit application is minor in nature, it shall be scheduled for a public hearing before the Zoning Administrator. If the Planning Director determines that the site development permit application is major, it shall be referred to the Planning Commission for public hearing and action. B. Application Filing And Submittal Requirements:All applications for site development permits shall include the following information: 1. A detailed site plan sufficient to fully illustrate the proposed project and adjoining land uses. 2. Elevation drawings of all proposed structures. 3. Details of all proposed signs. 4. A landscaping plan detailing all new and existing landscaping to be incorporated into the design of the project. 5. A floor plan of the proposed structure. 6. A parking plan. 7. Any other project-related information requested by the Planning Director. 6 8. The actual application form and filing fee, which shall be established from time to time by resolution adopted by the City Council in accordance with such procedures as required by law. C. Public Noticing Requirements for Zoning Administrator and Planning Commission Meetings: Failure of any person to receive mailed notice or failure to post notice shall not invalidate any proceedings conducted by the decision-making body. Notices of public hearings on applications for site development permits shall be given at least ten (10) days prior thereto, by the following manner: 1. Publication in a newspaper of general circulation in the City. 2. Notices shall be mailed, using addresses from the latest equalized assessment roll, to all owners of property within a three hundred foot (300') distance of any boundary of the subject property, and to the project applicant or agent, as well as to the property owner of record. 3. Notice shall also be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide essential facilities and services which may be significantly affected. 4. The subject property shall also be posted in three (3) locations ten (10) days prior to the public hearing. D. Action On Site Development Permits: All applications for site development permits shall be considered and acted upon by either the Zoning Administrator or the Planning Commission. 1. The Zoning Administrator shall review, conduct public hearings, and decide upon all minor site development permit applications. 2. Appeals of the Zoning Administrator actions shall be heard by the City Council for a final decision. 3. The Planning Commission shall review, conduct public hearings, and decide upon all major site development permit applications. 4. Appeals of the Planning Commission actions shall be heard by the City Council for a final decision. 5. At the discretion of the Planning Director, any site development permit application may be directed to the Planning Commission for consideration and decision-making action. 7 6. Any site development permit application which is reviewed by the Zoning Administrator or the Planning Commission may be approved, conditionally approved, or denied. E. Findings: The Zoning Administrator and/or Planning Commission shall make findings when acting to approve site development permit applications. The findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to apprise a reviewing court of the basis of the action by bridging the gap between the evidence and the decision-maker's conclusions, and shall be based upon evidence contained in the administrative record. Failure to make findings that support the following determinations shall result in a denial of the site development permit application: 1. The proposal is consistent with the goals, objectives, and policies of the City General Plan. 2. The location, size, and intensity of the proposed project will not create a hazardous or inconvenient vehicular or pedestrian traffic pattern. 3. The accessibility of off-street parking areas and the relation of parking areas with respect to traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding uses. 4. Sufficient landscaped areas have been reserved for purposes of separating or screening the proposed structure(s)from the street and adjoining building sites, and breaking up and screening large expanses of paved areas. 5. The proposed development will not restrict or cut out light and air on the property, or on the property in the neighborhood; nor will it hinder the development or use of buildings in the neighborhood, or impair the value thereof. 6. The improvement of any commercial or industrial structure will not have a substantial detrimental impact on the character or value of an adjacent residential zoning district. 7. The proposed development will not excessively damage or destroy natural features, including trees, shrubs, creeks, and the natural grade of the site. 8. There is sufficient variety, creativity, and articulation to the architecture and design of the structure(s) and grounds to avoid monotony and/or a box-like uninteresting external appearance. F. Conditions of Approval: Conditions of project approval may be imposed on site development permit applications. 8 1. In approving a site development permit, the Zoning Administrator or Planning Commission may include such conditions as are deemed reasonable and necessary to maintain or assure compliance with the standards/criteria listed in subsection E of this Section. Nothing in this Section shall be construed to limit the discretion of the authority of the Zoning Administrator or Planning Commission to require conditions. 2. The Zoning Administrator or Planning Commission may condition a site development permit to prohibit occupancy of a project building until an inspection has been made which finds that the project building, landscaping and other required improvements have been completed, and the project complies with all conditions specifically required to be completed prior to occupancy. If a site development permit is so conditioned, the Planning Director shall notify the City Building Official of such conditions. If a building permit is issued for a building or structure which is subject to a site development permit so conditioned, the Building Official shall not approve a final inspection of such building or structure until the conditions have been satisfied. The Planning Commission or the Zoning Administrator may also require conditions be completed prior to the issuance of building permits. G. Effective Date: The site development permit shall be deemed legally in effect when the appeal period has lapsed, unless a timely appeal is properly filed. If a timely appeal is filed, the permit shall be deemed legally effective when finally approved by the City Council.This date shall be so noted in the official site development permit application file and shall also be noted upon the issued site development permit and/or approval confirmation letter. H. Expiration And Revocation: The following provisions detail the site development permit expiration and revocation process: 1. Revocation: An approved site development permit may be revoked through the City's revocation process if the site development project is not being conducted in compliance with the site development permit, as conditioned, or: a. If any project for which a site development permit has been granted and issued is not established within two (2) years of the site development permit's effective date; or b. If the established land use for which the permit was granted has ceased or has been suspended for twenty four(24) consecutive months. 2. Procedure: If a site development permit is subject to revocation under subsection H1 of this Section, the City shall follow the procedures set forth herein. 9 a. Notice: Notice of a hearing before the Planning Commission shall be provided in accordance with subsection C of this Section. b. Hearing: The Planning Commission shall conduct a public hearing to determine whether the permit shall be revoked and shall make findings that comply with subsection E of this Section. c. Appeal: The Planning Commission decision shall be subject to appeal in accordance with Section 9266 of this Article. 3. New Application: Nothing herein shall prohibit the holder of a permit revoked pursuant to subsection H1a or H1b of this Section, from applying for a new permit in accordance with the procedures for new applications. I. Renewal: Site development permits may be renewed for an additional period not to exceed one year provided, prior to the expiration of the permit, an application for renewal is filed with the Planning Department. The application shall consist of a detailed letter explaining the reason(s)for the request. The Planning Director shall grant or deny an application to renew a site development permit, and shall provide an explanation of his decision, in writing, to the applicant. The Planning Director's decision to approve a renewal shall generally be based upon a determination that all the circumstances associated with the original approval are substantially the same at the time of the renewal application.An appeal of the Planning Director's decision may be made to the City Council for a final decision. Any such appeal must comply with the requirements of Section 9266 of this Article. (Ord. 1002, §2, adopted 1998) 10 + _�' ITEM NO.: 7b MEETING DATE: June 6, 2012 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PUBLISHING SERVICES BY UKIAH DAILY JOURNAL FOR FISCAL YEAR 2012/2013, IN THE AMOUNT OF $6.25 PER COLUMN INCH FOR THE FIRST INSERTION AND $4.26 PER COLUMN INCH FOR ADDITIONAL INSERTIONS OF THE SAME ADVERTISEMENT, PLUS A NON-OPTIONAL FIRST RUN ONLINE $1.25 E CHARG .... Background: As the Ukiah Daily Journal is the only newspaper that qualifies for the designation as "a newspaper having general circulation" in Ukiah, a formal process requesting bids for legal publishing services was not used. Discussion: The Ukiah Daily Journal submitted a letter outlining its proposed 2012/2013 fiscal year contract rates for legal advertising with the City of Ukiah. There is no increase from the 2007/2008 rates. The proposal is $6.25 for the first run, and $4.26 per column inch for additional insertions, remaining the same as the last three years. The Journal also has a $1.25 per online ad charge which they have indicated is not optional. Upon approval by the City Council, Staff would issue a Purchase Order to the Ukiah Daily Journal for legal advertising costs. Fiscal Impact: X Budgeted FY 12/13 Ei New Appropriation Not Applicable r l Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $10,500.00 Legal Advertising 100.1101.232.000 Recommended Action(s): Approve the legal eg publishingservices._.�AAA.�.__...�....,....�..�,.�______...�.._.�.............. ryof Ukiah Daily Journal for fiscal year 2012/2013, in the amount of$6.25 per column inch for the first issue and $4.26 per column inch for additional issues, first run of online $1.25 per ad charge. Alternative Council Option(s): Provide Direction Citizens advised: N/A Requested by: N/A Prepared by: JoAnne M. Currie, City Clerk Coordinated with: N/A Attachments: 1. Proposal letter from Ukiah Daily Journal dated May 22, 2012 Approved: ',` . A J. 'eeChambers, City Manager 05/22/2012 11:15 7074685780 UDJ PAGE 01/01 The Ukiah •C;;,y, ATTACHMENT I DA1L4S URNUL Daily Journal P.O.Box 749 Ukiah,CA.99482 May 22,2012 JoAnne M.Currie,City Clerk City of Ukiah 463.6217 Ukiah,California 95482 Dear JoAnne M.Currie. This letter serves as our proposed rate structure between The Ukiah Daily Journal and the City of Ukiah for legal advertising for the period of July 1,2012 to June 30,2013. The Legal Advertising rates for the City of Ukiah will remain the same,as the past five years,at $6.25 per column inch for the first insertion and$4.26 per column inch for each subsequent insertion of the same advertisement. The first run of any legal ad can enjoy online placement for$1.25 if guested. In addition to the following guidelines,all contract terms,conditions and general information specified on The Ukiah Daily Journal's current rate card(available online)apply to this agreement between The Ukiah Daily Journal and the City of Ukiah: Errors and omissions:The Ukiah Daily Journal is liable only for the cost of the space containing an error and is not responsible for costa associated with omissions.Legal ads received and published after established deadlines will not be eligible for credit or a renin in case of error. Copy Acceptance:Dopy for legal ads will be accepted from printed copy,via email(as a text attachment only),on a CD(in text format only),and via fax. Proofs will be made available for copy received before deadline upon request.Second requests for tear sheets after 30 days from publication are to be provided by electronic means(adobe PDF format).These will incur an additional charge of$5 per request. Requests for ads to run after published deadline will be considered as space and time allows,with no guarantee of publication.Cancellations: Ads canceled after published deadlines will incur a 25% cancellation penalty,if indeed we have not printed said ad,in those cases the charges will stand. Advertiser must notify The Ukiah Daily Journal within 30 days of receipt of bill of any discrepancies. The bill will be due in full 15 days upon receipt. Finance charges will not be charged to the City of Ukiah. Any previous contracted terms expire 30 days after the date of this notice. Thank you 400 < (:::7 • -'onncll ' er e Ukiah Daily Journal Mendocino County's Local,newspaper 7c ITEM NO.: MEETING DATE: June 6, 2012 City of Ukiah- AGENDA SUMMARY �����d���l7 , ,~,~~,,~~, , REPORT SUBJECT: REPORT OF DISPOSITION OF SURPLUS MATERIALS, USED EQUIPMENT AND SUPPLIES Background: Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 19, 1996 (Attachment 1), this report documents the sale of e |u|pment determined to be obsolete and no longer used. Sale of the equipment is also in accordance to City Code Section 1533 (Attachment 2). Discussion: In January of this year, nine vehicles were entered into an online auction through PublicSurplus.com. Please refer to Attachment 3 for a detailed listing of the vehicles as well as the amount each item was sold for. The net amount received as a result of this sale was $14,547.01. PublicSurplus.com is used by public agencies throughout the country to sell surplus items. What is ideal about the use of this site is that an auction can be held for any |tonn, at any time, without transportation costs to auction sites. The auction is accessible both locally and abroad. At the time of this auction, an ad was run in the classified section of The Daily Journal several times to alert local buyers to the sale. Hoxvever, all items were purchased from buyers out of the area. Staff will continue to pursue ways of notifying local residents of future auctions. Fiscal Impact: | | Budgeted FY 11/12 1 New Appropriation x Not Applicable 11 Budget Amendment Required Amount Budgeted Source of Funds (title and#) Account Number Addit. Appropriation Requested $ Recommended Action(s): Receive and file report regarding the disposition of surplus materials, used equipment and supplies. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Gordon Elton, Director of Finance Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager Attachments: 1. Procedures for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement; 2. CitCode Section 1533, 3. AuctiPayment p ./ Approved: // -Abv / �� - J {�hmnlbere, it' Manager ^--- ' Attach nt# ' / PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE 08A3ERIALS, USED EQUIPMENT,AND SUPPLIES 9/18/96 • In order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established: 1. On a quarterly basis(July 1, October 1, January 1,April 1), each City Department Head nomnp|oteaand subnn|tsopnaaohbedform |iobngall mateh'|oand equipment found tobe surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and Purchasing/Warehouse Supervisor. 2. Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. 3. Copies of the items listed as surplus are distributed by the Director of Finance to all Department Heads for possible recycling. 4. Purchasing Officer shall have the authority to dia'&ourp|uoandfilesnaport with the City Council selling forth a description of sale by the close of the agenda for the next regularly scheduled meeting. S. The Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. a. Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. b. Purchasing Department will coordinate public auctions with the County of joining with them for sale of surplus items. The auctioneer will publicize the date of Mendocino, auction and items available for sale. c. Purchasing Department will coordinate the moving of surplus items to the auction site during the week immediately preceding the auction. d. prices,FoUovvng1heauoUon. thaouutioneervvi8pnovidaa |ieicfitommao|d. 1hooaUing andthahunduraceiwadhothePurchaainQOepa�nnenL e. Specialty items as approved by the Purchasing Of�oarorextremely large items which ' cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. [ During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. O. If after completing steps 1-5 obove, any item is not sold or recycled, and it is not reasonable to assume that the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. C.\My Documcnts\WPDOCSWROCEDUpS FOR SALES OF SURPLI JS OR OSC)I +" §1530 • §1534 Attachment,# Z B) 1. Recorded Explanation: The head of such department shall send to the Purchasing Officer a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council. as provided in subsection Al above. • 2. Emergency Procedure: The Purchasing Officer shall prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. (Ord. 667, §2, adopted 1975) §1531: COOPERATIVE PURCHASING: The Purchasing Officer shall have the authority to join with other units of government In cooperative purchasing plans when the best interests of the City would be served thereby. (Ord. 667, §2, adopted 1975) , §1532: INSPECTION AND TESTING: The Purchasing Officer shall Inspect supplies and equipment delivered to determine their conformance with the specifications set forth In the order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 667, §2, adopted 1975) • §1533: SURPLUS SUPPLIES AND EQUIPMENT: All departments shall submit to the Purchasing Officer, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use. The Purchasing Officer shall have the authority to dispose of surplus 'property by solicitation of bids or by public auction. (Ord. 667, §2, adopted 1975) §1534: SEVERABILITY: If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. (Ord. 667, §2, adopted 1975) 1 1064 ATTACHMENT 3 HI Cosi 1 Auctt n Report 0 U uS 110 HI iii , III „Ill 11 III , 1 ,,, Jan 24,2012 To May 22,2012 Auction, , it In 1111111m Itm ilito 011111111 .1 EndIlp1100„,,,-" W4914 IIIIIh„ 1 111lullt 711.Ift IIIMMIIIIIIIIIIIII IIIIIIIII IalallIMIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII6 f I , 1 664666 1 1996 Ford Taurus Veh 4265 1 ' 15 , $1,304.00 Sold Yes 1 664670 2001 Ford Taurus Veh 4134 f 1 26 $1,734,00 Sold Yes , 1 1 r / 664673 1982 Chevrolet 30 Veh 4572 1 10 $512.00 Sold Yes z r 664668 1995 Oldsmobile Ciera Veh 4571 ', 1 28 ' $1,340.00'' Sold ' Yes 663424 1999 Ford Taurus Veh 4235 ,, 1 20 $1,725.00 Sold Yes I , / r 664667 , 1995 Ford Crown Vic Veh 4291 1 28 $1.781.00f Sold Yes 664675 , 1974 Dodge 300 Veh 4573 ' 1 ' 21 ', $1,076.01, Sold ' Yes , , f 664665 20d0 Ford Taurus Veh 4262 ' 1 42 $2,275.00, Sold Yes f 689535 1978 Ford L750 Cargo' Veh 2960 ' 1 55 ' $2,800.00 Sold Yes Truck Total $14,547.01 k , . ITEM NO.: 7d MEETING DATE: June 6, 2012 City of Ukiah AGENDA SUMMARY REPORT SUBJECT: AIRPORT MONTH TO MONTH RENTAL AGREEMENT Background: The Ukiah Airport leases several different types of structures for storing aircraft. Discussion: The current lease is being updated to require a higher level of insurance that meets the City requirements and is also in line with industry standards. The updated lease also incorporates the hangar eligibility requirements and an inspection schedule to ensure compliance with the lease. This new lease form has been discussed with the commission and received support for the changes included. Budgeted FY 09/10 New Appropriation X Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and#) Account Number Addtl. Appropriation Requested Recommended Action(s): Approve Airport Month to Month lease agreement Alternative Council Options) Provide Staff with other direction. ._._._ ...w.. . _...._.. Citizens advised: Airport Commission Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: David Rapport, City Attorney Attachments Month to Mo h rental agreement 4 Jane""hambers, City Manager ATTACHMENT UKIAH REGIONAL AIRPORT HANGAR RENTAL AGREEMENT THIS AGREEMENT, made by and between CITY OF UKIAH, a Municipal Corporation, hereinafter called("City"), and John Doe hereinafter called ("Renter"). WITNESSETH: City does hereby rent to Renter on a month-to-month basis that certain building known as "HANGAR NO. " situated at the Ukiah Regional Airport in the City of Ukiah, County of Mendocino, State of California, and the grounds necessary and incidental for the use thereof, and for the purposes herein provided,under the following terms and conditions: 1. Rent. The rental rate for said hangar and incidental premises shall be $??per month payable monthly in advance as hereinafter set forth. 2. Time of Payment, Late Fees. As stated, rents are payable monthly in advance, beginning on the 1st day of the month,2012, and are to be considered delinquent if not paid by the 10th day of each month thereafter. If the rent is not made within such period, or a satisfactory agreement reached between the Renter and the Airport Manager,then this Agreement shall be considered terminated,and the Renter shall have no further rights hereunder. Rent that has become delinquent shall be subject to a late fee of$25. In addition, Renter shall pay Lessor interest on the unpaid portion of the delinquency until paid in full as provided in the Ukiah City Code, Section 2051. Renter shall pay any possessory interest or personal property taxes lawfully imposedby a taxing jurisdiction on the leased premises or the property stored therein and shall fully indemnify and defend Lessor for and against any such liability. 3. Use of Premises. These premises are rented to Renter for the sole purpose of storing aircraft with the following identification number or numbers: ,a portion of which is/are owned or leased by Renter and based at the Ukiah Regional Airport. The definition of"based" shall be that the aircraft may not be absent from the hangar for a period of 30 continuous days except for normal aviation activities and functions,repair and/or maintenance of the aircraft, during the purchase or lease of a replacement aircraft under Paragraph 5,below,or upon written request to and approval by the Airport Manager for any other purpose. Aircraft must be airworthy(lawful to fly). Kit/Homebuilt aircraft and aircraft involved in an accident require many hours to complete/repair. The Airport Manager shall give a Renter not less than_days notice that an aircraft must be airworthy or be deemed to violate the provisions of this paragraph. Renter promises and agrees to keep said storage hangar orderly and clean at all times, free and clear of any and all items that are or may be deemed a fire or other safety hazard by the State Fire Marshal and/or the City of Ukiah(as determined by the Airport Manager). Renter agrees to remove such hazardous items, at Renter's expense, within 48 hours after receiving written notice to do so from any of the above parties. Renter agrees that should it be necessary for the Airport Staff to enter and remove any unlawful debris from the hangar after failure by Renter to comply with the above written notification,he will pay to the City of Ukiah any costs that are incurred in said removal. The City may amend or add to Hangar Rental Agreements as it deems necessary or appropriate.Not later than thirty(30)days after they are adopted,the City shall give the Renter written notice of any such amendment or addition. After the City provides such notice,the Renter shall comply with the amended or new rules. 4. Right of Inspection. Renter promises and agrees to permit personnel of the Airport staff to enter,inspect, and remove any and all trash and debris that the City deems necessary. Every January the hangar will be inspected and the Aircraft of Record Registration and Documentation Checklist will be checked. 5. Replacement Aircraft. Should the Renter fail to pay the rent as herein specified,or discontinue the ownership or lease of an aircraft,then this Agreement shall immediately terminate,and City shall have the right to rent the hangar to other parties. Should the Renter desire to retain the hangar space due to the purchase or lease of a replacement aircraft within a period of 2 not more than 60 days from the date of discontinuance of ownership or lease of an aircraft as stated above, upon notification of and approval by the Airport Manager, payment of the required rents, and compliance with the terms and limitations herein, this lease shall remain in effect. 6. No Alterations. Renter shall not make any alterations or additions to the hangar without written approval of the Airport Manager. Signs, emblems, or advertising shall not be placed or erected on or in the premises. 7. Assignment. This Agreement shall not be assigned,transferred, sublet, or underlet by the Renter. If ownership or leasehold of the stored aircraft is transferred completely to an entirely new owner or lessee,with none of the existing owners/lessees remaining on the airplane's title or lease contract, then such new owner(s) or lessee(s) shall have no right to continue as Renter(s)of this hangar, and this Agreement shall be terminated and the City shall have the rights as specified in in Paragraph 5, when the Rental Agreement terminates. 8. Utilities. City shall not be obligated to furnish to Renter any light,power,telephone,water, or other utilities under the terms of this Agreement,and any plans of the Renter to install utilities of any kind shall have written approval from the Airport Manager. 9. Termination. Renter agrees that if he should fail to keep, comply with,or perform any of the agreements, covenants, or conditions of this Agreement, City shall have the right to terminate this Agreement, and to enter upon said premises, and remove all persons and property, and repossess itself of its former estate. This Agreement may be terminated by either party upon given at least thirty(30)days' prior WRITTEN notice to the other party. [Automatically true of a month-to-month tenancy.Not necessary to state this.] 10. Lien for Unpaid Rent. The Renter's aircraft and any other personal property stored in the leased premises will be subject to a claim of lien and may even be sold to satisfy the lien if the rent and other charges due remain unpaid for 14 consecutive days. This lien is authorized by the provisions of Chapter 10 of Division 8 of the California Business and Professions Code (commencing with Section 21700). 11. Improvement of Airport. The City reserves the right to further develop or improve the premises of Ukiah Regional Airport as it shall deem necessary,regardless of the desire or views of the 3 Renter and without interference or hindrance of the Renter. 12.Right of Access. Upon conforming to and abiding by all the agreements, covenants, and conditions of this Agreement,Renter shall have the right to the enjoyment and peaceful possession of the premises hereby rented,and free access thereto for himself and his guests; provided,however,that such access shall not interfere with or jeopardize the use of said Airport. For the purposes of this Agreement,the word "guests" includes Renter's family. 13.Rent Changes. The City reserves the right to increase or decrease rental rates as established by the City Council by notification of the renter at least fifteen(15)days prior to the effective date of such increase or decrease of rental rates. 14. Indemnification. This Agreement is made upon the express agreement by Renter that City shall not be liable for damages, or claims for damages, arising from bodily injury or death of Renter,or his guests,and that City shall not be liable for the damage to,or destruction of, any of Renter's property while in, on, or in any way connected with the premises rented under this Agreement, whenever such bodily injury, death, damage, or destruction is not caused directly, solely, and exclusively by activities of City, its agents, or employees. Renter further expressly agrees to save and hold harmless the City from all claims, losses, expenses, demands,charges, liens, liabilities, causes of action, or proceedings, of whatever nature, on account of damage to, or loss or destruction of, any property, or arising out of the injury to, or death of any person or persons,which claims, losses, expenses, demands, charges, liens, liability, causes of action, or proceedings in any way arise out of or are the result of activities of either Renter or his guests. Renter agrees to indemnify City for payment of any damages or claims for damages arising from bodily injury or death of guests or Renter, whenever such bodily injury or death is not directly, solely, and exclusively caused by activities of City, its agents, or employees. 15.Insurance. Renter shall provide at his own expense insurance covering bodily injury and property damage to all persons using the leased premises in a minimum amount of One Hundred Thousand($100,000) dollars each person and One Million($1,000,000) dollars for each occurrence and property damage in a minimum amount of One Million ($1,000,000) dollars for each occurrence. Renter shall name Lessor as an additional insured and shall furnish to Lessor a Certificate of Insurance showing that said insurance required hereunder has been obtained. Such insurance shall be kept in force throughout the entire term of this lease or any extension thereof Homeowners insurance is NOT satisfactory and does not fulfill the above requirements. Aircraft 4 under construction or repair projects need only provide Premises Liability insurance as herein provided. 16.Notice. Renter shall provide in this space the name and address to which he or she wishes all notices permitted or required under this Agreement to be sent and all notices sent pursuant to Chapter 10,Division 8 of the California Business and Professions Code. Renter may also provide in the space provided below the name and address of another person to whom the preliminary lien notice and subsequent notices required to be given under said chapter may be sent. Notices will be sent to both addresses, if provided. Failure of the Renter to provide an alternate address shall not affect the Lessor's remedies under said chapter or under any other provision of law: Renter: John Doe 2000 N. State Street Ukiah, CA 95482 (707) 462-1234 Alternate: [name] [address] Lessor: City of Ukiah Finance Department 300 Seminary Ave. Ukiah, CA. 95482 Except as otherwise required by law, notices shall be deemed given when personally delivered or placed in the United States Mail addressed as provided above with proper first class postage affixed thereto. Notice of an address change may be given at any time as provided herein. 17.Time of Essence. Time is of the essence of this Agreement. 18. Agreement subject to Federal Regulation of Airport. This Agreement shall be subordinated to the provisions of any existing and further agreement,rules and regulations between City and the United States of America, or any agency or administrative arm thereof relating to the operation or maintenance of the Ukiah Regional Airport or the conduct or operation of any flight school, or other governmental operation thereof. S 19. Waiver. No waiver by Lessor of any of the provisions of this Lease or failure of Lessor to object to a breach thereof by Renter shall constitute a waiver of any other provisions of this Lease, or of the Lessor's right to enforce a subsequent breach of the same or a different provision of the Lease. No waiver shall be deemed a continuing one or bind the Lessor in any way, unless confirmed in a writing signed by the Airport Manager IN WITNESS WHEREOF,the parties hereto executed this Agreement in duplicate this DATE. CITY Airport Manager RENTER Dated: 6 • '�' ITEM NO.: 12a MEETING DATE: June 6, 2012 City of- Jkiah AGENDA SUMMARY REPORT SUBJECT: APPROVE CONTRACT WITH ENVIRONMENTAL SCIENCE ASSOCIATES FOR THE PREPARATION OF A GREENHOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN SUMMARY: On August 18, 2010, the City Council voted 4-0 (Rodin absent) to adopt Resolution 2010-33 approving an application for a Sustainable Communities (Proposition 84) planning grant to prepare a Greenhouse Gas Emission Inventory and Climate Action Plan. The grant application was in regional partnership with Mendocino County and the City of Fort Bragg, who would be preparing similar plans and studies. As stated in the Resolution, the Council approved the filing of the grant application in order to become a more sustainable community. Mendocino County staff prepared the grant with City Staff assistance and the State awarded the grant in 2011. The amount awarded to the City was $100,000. The City then entered an agreement with Mendocino County to become the contractor for its portion of the grant with the responsibility to recruit, hire and manage a consulting firm to prepare the Inventory and Plan. This agenda item is seeking City Council approval of a contract with the professional consulting firm Environmental Science Associates to prepare the Greenhouse Gas Emissions Inventory and Climate Action Plan. Greenhouse Gas Emissions Inventory: The Greenhouse Gas Emissions Inventory will be two-fold. It will separately inventory City municipal operations and the community as a whole. The inventories will include the following: • Identification of the largest sources of emissions • An analysis of emission trends • Quantification of the benefits of reducing emissions • Establishing a basis for developing a local Climate Action Plan • Setting goals and targets for future reductions in emissions Recommended Action(sj 1 I Approve contract with Environmental Science Associates Alternative Council Option/4 Do not approve contract and provide direction to Staff. Citizens advised: 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, Kim Jordan, Senior Planner, and Mary Horger, Purchasing Supervisor Attachments: 1) Contract with Scope of Work 2) Resolution 2010-33 3) What is Climate Change? / L Approved: !. , ,. -. Jan- rhambers, City Manager • Identifying local mitigation measures for future CEQA documents Climate Action Plan (CAP): The Climate Action Plan will provide a strategy and policy recommendations for addressing climate change and reducing greenhouse gas emissions. It will include alternative approaches to sustainable transportation, land use, energy use, waste reduction, recycling, and climate adaptation, as well as a cost/benefit analysis and guidelines for monitoring and reporting progress. Consultant Recruitment: Staff prepared and distributed a Request for Proposals (RFP) to twelve professional consulting firms and received nine formal proposals. Staff reviewed and ranked the proposals, and invited the top three firms for interviews. The interviews were conducted on May 10, 2012, and after scoring and ranking the firms, Staff selected Environmental Science Associates (ESA)for the project. To Three Firm Cost Environmental Science Associates $99,601 AECOM $96,980 Rincon Consultants, Inc. $98,594_______________�_____.._____________________________ Staff selected Environmental Science Associates as the top firm for the following reasons: 1. They have a considerable amount of experience working in small rural communities. 2. They are very familiar with the City of Ukiah and the Ukiah Valley — having recently completed the Kunzler Ranch Quarry EIR (County) and Wal-Mart Expansion EIR (City), and are currently working on the Costco EIR (City). 3. Based on their proposal and scope of work, they would not demand as much Staff time as the other firms. 4. They had the strongest technical expertise of the top three firms. In-Kind Staff Contribution: The grant was awarded with the understanding that there would be an in-kind contribution of City Staff time with a total value of at least $15,000. The Staff that are assigned to participate in this project are the Community Development Director, Senior Planner, Associate Planner, and Administrative Secretary. Staff is required to file periodic Progress Reports with the County to document the amount of staff time spent on the project. Fiscal Impact: Staff time only. No general fund expenditures. Budgeted FY New Budget Amendment 10/11 Appropriation X Not Applicable Required Attachment # AGREEMENT FOR PROFESSIONAL ������U����� ^*=~.v� n��~~�� PREPARATION OF A GREENHOUSE GAS EMISSIONS INVENTORY AND CLIMATE ACTION PLAN This agreement shall be considered a contract, and is entered into this day of 2012, by and between the CITY OF UKIAH,a general law municipal corporation,hereinafter referred to as "CITY" and Environmental Science Associates (ESA), a California Corporation, hmneinmfterneferrodt000tha ,,CONSULTAyVT.,' PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Greenhouse Gas Emissions Inventory and Climate Action Plan for the City of Ukiah. The scope of work is more particularly described in the Exhibit"A", attached to this agreement. The Greenhouse Gas Emissions Inventory and Climate Action Plan prepared by the CONSULTANT shall be prepared in such form and with such content to be consistent with the approved Scope of Work. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of the Greenhouse Gas Emissions Inventory and Climate Action Plan. This work has been determined to be required by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical,expert,and professional Greenhouse Gas Emissions Inventory and Climate Action Plan services as described in Exhibit "A," which consists of the scope of services, dated February 22, 2011, which is 1 attached hereto as Exhibit"A"and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. 1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement.CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all information contained in the Greenhouse Gas Emissions Inventory and Climate Action Plan shall be made and prepared in accordance with generally accepted professional practices. 1.04 CONSULTANT shall bear the cost of reproduction and postage pursuant to the provisions detailed in the Scope of Work identified as Exhibit"A." 1.05 CONSULTANT shall deliver five(5)printed copies and five(5)electronic copies(MS Word/PDF)each of the Administrative Draft Greenhouse Gas Emissions Inventory and Climate Action Plan on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit"A." CONSULTANT shall deliver five (5) printed hard copies and fifteen (15)electronic copies(MS Word/PDF)each of the Draft Greenhouse Gas Emissions Inventory and Climate Action Plan on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit"A." CONSULTANT shall deliver five(5)printed hard copies,fifteen(15)electronic copies (MS Word/PDF)each of the Final Greenhouse Gas Emissions Inventory and Climate Action Plan on CD, and one (1) single-sided print ready copy in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit"A." 1.06 CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY 2.01 CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit"A." 2.02 Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. ARTICLE III 2 TERM OF AGREEMENT 3.01 The term of this agreement shall commence on the effective date and shall terminate when the CITY has formally accepted and adopted the Greenhouse Gas Emissions Inventory and Climate Action Plan. This agreement may be extended on its same terms and conditions upon written agreement between the City Director of Planning and Community Development and CONSULTANT. 3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit"A." 3.03 All work by CONSULTANT shall be completed pursuant to Exhibit"A"and paragraph 1.05 above in a reasonable timeframe according to the timeline contained in Exhibit "A." CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. 3.04 CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and Exhibit "A.", and consistent with sound professional practices. 3.05 If CITY requests significant modifications or changes in the scope of this project the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE IV COST OF SERVICES 4.01 CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed $99,601.00 4.02 Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $99,601.00. 4.03 If unanticipated additional work is required and agreed to by both CITY and CONSULTANT, CONSULTANT shall submit a supplemental bid proposal for the additional work,and the City Director of Planning and Community Development shall have the authority to authorize the additional work. ARTICLE V PAYMENT FOR SERVICES 5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this 3 agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. 5.02 Payment scheduling: Total payment not to exceed $99,601.00. Fees for professional services as outlined herein shall be paid on a time and materials basis. A detailed explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. 5.03 Payment to CONSULTANT shall be based on an itemized invoice submitted monthly by CONSULTANT. 5.04 Payments will be made by CITY within forty five (45)days of receipt of invoice from CONSULTANT. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS 6.01 Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. 6.02 CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3)years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS 7.01 All documents and associated materials and backup data as required by this agreement shall be and shall remain the sole property of CITY. 7.02 CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non-employees of the public agency exceeds$5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT 8.01 At any time CITY may suspend indefinitely or abandon the project, or any part thereof,and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. 4 8.02 It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. 8.03 If, in the opinion of the CITY,the CONSULTANT fails to perform or provide prompt, efficient,and thorough service,or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7)days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential,which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES 9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs(including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of,or resulting from,the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT,any subcontractor,anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if to the extent the damage or injury is caused by the active and or sole negligence or willfully wrongful act or omission of CITY or its officers or employees.CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSIULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE 10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement,insurance as set forth in Exhibit"B", attached hereto, and incorporated herein by reference. 5 ARTICLE XI GENERAL COMPLIANCE WITH LAWS 11.01 It is understood and agreed that the CONSULTANT will comply with all federal,state and local laws and ordinances as may be applicable to the performance of work under this agreement. 11.02 CONSULTANT shall secure a City of Ukiah Business License prior to commencing work. ARTICLE XIII NONDISCRIMINATION 12.01 CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246,as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring,training, upgrading,transfer, compensation, or termination. 12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement,the CITY shall impose such contact sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV INDEPENDENT CONSULTANT 13.01 The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status,that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim,demand,or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. 6 ARTICLE XV SUCCESSOR AND ASSIGNMENTS 14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. 14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. 14.03 In the case of death of one or more members of the firm of the CONSULTANT,the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVI EXTENT OF AGREEMENT 15.01 This agreement shall consist of this agreement,the Scope of Work/Services,dated March 22, 2012, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit"B." 15.02 This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XVII PARAGRAPH HEADINGS 16.01 The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVIII NOTICE 17.01 Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S.mail or when personally delivered as follows: CITY: City of Ukiah CONSULTANT/ Civic Center CONTRACTOR: Environmental Science 300 Seminary Drive Associates (ESA) Ukiah, California 95482 2600 Capital Avenue, suite 200 ATTN: Charley Stump, Director Sacramento, CA 95816 Planning and Community Development ATTN: Brian Grattidge, Senior Managing Associate 7 ARTICLE XIX DUPLICATE ORIGINALS 18.01 This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION 19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of County Corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Jane Chambers, City Manager Date CONSULTANT/CONTRACTOR IRS IDN Number Date APPROVED AS TO FORM: David Rapport, City Attorney Date 8 Exhibit "A" Scope of Work/Services March 22, 2012 9 31:1S'k SECTION 1 Approach to the Project General Approach The ESA Team's overall approach to preparing the City of Ukiah(City)Climate Action Plan(CAP)will be to work cooperatively with City staff and decision makers to develop a plan that is responsive to and reflective of the City and its inhabitants and businesses: to be effective,the CAP must reflect the City's unique setting and community.Many of Ukiah's characteristics are emblematic of the small communities in Northern California's wine producing region and Mendocino County,where economies are centered on agriculture and tourism, and where the community is generally supportive of environmental quality. We understand that the City is committed to leading by example in addressing climate change by has been proactive in reductions greenhouse gas(GHG) emissions associated with its operations.The City now desires to develop a strategic CAP that will guide future reductions of GHG emissions across the community and enable the City to accommodate growth in a manner that is consistent with the goals of AB 32 and SB 375. The City,through its General Plan,envisions its future growth occurring as within the urban area,to preserve agricultural and open space resources,and to enhance Downtown Ukiah. The Housing Element provides a renewed emphasis on mixed use and higher density infill development.Residential infill opportunities in commercial areas may support efforts to reduce vehicle miles travelled(VMT).As the City's electricity supply is largely comprised of low-carbon sources(renewable generation and hydroelectric plants supply approximately 80%of the City's supply), opportunities for lowering community-wide GHG emissions will need to emphasize reducing VMT and improving energy efficiency of existing buildings and new construction. City of Ukiah—Ginize Gas Etas Inventory and Chinaln Action Han 1-1 1.Approach to the Project ESA will use its extensive knowledge of local community planning,GHG Energy efficiency efforts may emissions reductions strategies,the CEQA process,and CEQA-related guidance include residential retrofit on GHG emissions and climate change mitigation to inform how the CAP is programs(consistent with housing goals),improvements developed and written.This includes anticipating how an adopted CAP will to existing and proposed be used to streamline the environmental review process for future projects commercial development, that are consistent with CAP policies and programs. CEQA Guidelines state management of the urban forest that projects consistent with a"qualified climate action plan"that includes (to reduce heat island effects feasible measures to reduce GHG emissions(consistent with AB 32 goals or and associated energy demand),and water efficiency. Executive Order S-03-05 targets)may be considered less than significant.In The team of ESA and Fehr& conjunction with specifics called for in the Request for Proposals(RFP),this Peers has collaborated to definition of a qualified climate action plan,as stated in CEQA Guidelines provide effective CAP §15183.5(b)(1), will be used as guidance for development of the CAP. documentation under the most demanding of circumstances, including preparation of a Our approach to developing and recommending GHG reduction measures comprehensive CAP for the City will emphasize cost effectiveness and ease of implementation. We will help of Pleasanton to resolve the City prioritize measures through analysis of existing City programs and litigation successfully brought infrastructure,projected budgets and staffing,and other City resources,and forth by the California Attorney we will identify outside resources such as energy efficiency grants that could General. ESA was selected to cover lifecycle costs for certain measures. Our approach to quantifying assist the City to prepare a CAP as part of a settlement baseline emissions(City and community GHG inventories),emissions agreement between the projections,and reduction measures will emphasize full documentation of Attorney General and the City. methods and assumptions. We will also identify important co-benefits of individual measures,where applicable,and describe how the measures would integrate with the City's General Plan. The following sections describe our approach to project initiation and individual Tasks as outlined in the RFP. Project Initiation The ESA team will attend a meeting with City staff to introduce the ESA team, establish communication protocols,discuss the work plan,and ensure that each team member has a clear understanding of scope,schedule, and budget. We will also identify key data needs,data sources and providers,and City staff participation in the project. 1-2 City of Ukidin- Odeenhouse Gas Emissions Inventory and Climate Acton Plan i(,,;;;' 1.Approach to the Project Tasks The ESA Team has extensive experience developing energy use baselines and GHG Task 1: Develop Community-wide and City Baseline GHG inventories for both local inventories, projected GHG emissions, and GHG governments and communities. Reduction Targets We are conversant with all major GHG accounting Baseline GHG Inventories protocols end methodologies, including Local Government ESA will prepare baseline GHG emissions inventories for city operations and Operations Protocol(LGOP) for the community,using widely-adopted accounting protocols and and ICLEI,and our team methodologies developed by International Coalition of Local Environmental includes accredited inventory verifiers under CARB's AB 32 Initiatives ICLEI,The Climate Registry, California Air Resources Board reporting rule. (C• ' 11),and the Statewide Energy Efficiency Collaborative(SEEC). ESA recommends a jurisdictional control approach that focuses on emission sources that the City has direct or indirect jurisdictional control over through City policies,ordinances and/or activities because these are the emissions that the City is capable of influencing. Thus an important early task will be determining the organizational and physical boundaries for the GHG inventories.For the community GHG inventory,this inlcudes delineating a consistent planning boundary for the baseline year and for future projections. For the City operations inventory,ESA will use the LGOP to quantify emissions from sources under the direct control of the city, including but not necessarily limited to: • City owned or operated buildings,streetlights Buildings and other facilities 4. Streetlights and traffic signals • Water delivery facilities • Ukiah Regional Airport facilities Vehicle fleets Power generation facilities Solid waste generated by local government operations • Waste-in-place at the City-owned Ukiah landfill • City-owned wastewater treatment facility 4. City employee commuting and business travel • Other process and fugitive emissions co of Ukiah Greenhouse Gas Emissions Inventory and Climate Action Plan 1 3 1.Approach to the Project For the community-wide inventory,ESA will quantify emissions associated with the following sources located within the City's jurisdictional boundary: • Electricity and natural gas used by the city's residential,commercial,and industrial sectors • On-road transportation sources • Off-road transportation sources • Stationary sources(large industrial boilers,local power generation,etc.) • Waste generation and disposal • Water Consumption • Agricultural equipment and processes ESA anticipates that the baseline year for the inventories will be 2010, since that is the most recent year for which complete energy data and other needed data likely to be available;in addition,the Mendocino County travel model (which will be used to estimate transportation-related emissions)was developed and calibrated to year 2010 conditions.However,the year selected as baseline will depend on data availability,consistency with other inventory efforts in the County,and discussions with the City.AB 32 directs the state to reduce state-wide GHG emissions to 1990 levels by 2020,while Executive Order S 21-09 sets a long-term goal of 80 percent emissions reduction below 1990 levels by the year 2050.However,an accurate assessment of GHG emissions in 1990 is often elusive due to gaps in data availability and quality,and in lieu of such data,the CARB recommends that local governments establish use a more recent year for their baseline,for which high quality data is available and set a reduction target against that baseline that parallels the statewide emissions reduction target.For the state,CARB has determined that the 1990 emissions level is equivalent to a 15 percent reduction below 2005 levels.Thus, 2005 is a common baseline year used in many climate action plans,but since 7 years has already passed since then,it is appropriate to use a more recent year as baseline. Assuming 2005 is selected as the GHG Inventory Baseline,ESA recommends simultaneously updating the community-wide GHG Inventory to a more recent date for which good quality data is available(e.g.,2010).The updated inventory would provide the City with valuable trend information and a means for evaluating the effectiveness of any community programs and strategies implemented between 2005 and the revision year. The inventory development process will help us rank emissions sources according to their relative contribution and identify their relative significance 1-4 City of Ukiah—Greenhouse Gas Emissions Inventory and Climate Action Plan 1.Approach to the Project in an overall emissions reduction strategy. As the basis for quantifying transportation emissions Fehr&Peers will develop estimates of VMT. Projected GHG Emissions Consistency with AB 32 requires projecting future community-wide GHG emissions out to the year 2020. ESA will project emissions based on realistic projections of population growth,economic gro ,and expansion of emissions sources within the inventory's organizational boundary. ESA will develop realistic emissions growth projections based on the best publically-available information and data, including land use growth rate projections in the City's General Plan and Dep. t ent of Finance estimates.Projections will incorporate the expected impacts of foreseeable regional,state,and federal actions,including the Pavley vehicle standards,the State's Renewable Energy Portfolio standards, California Energy Efficiency Standards(Title 24),and the early action GHG reduction measures(e.g., low carbon fuel standard)in the AB 32 Scoping Plan,developed by C ' : and the Climate Action Team(CAT).Teaming member Fehr&Peers will model T for 2020 and either 2030 or 2035 (see below)using the local travel model.The 2020 and 2030/2035 model runs will represent anticipated development in the City through those years. Emissions Reduction Targets As stated above,CARB recommends that local governments target their 2020 emissions at 15%below"current"levels(2005),a percentage that parallels the statewide 2020 commitment. ESA assumes that the CARB recommendation will be satisfactory but we will examine the unique characteristics of Ukiah(e.g.,emissions contribution from agriculture, wastewater treatment and special facilities)to determine if an alternative approach to quantifying the statewide commitment and setting the reduction target is appropriate. Energy-Related Emissions The ESA Team will gather energy consumption data for Ukiah from the agencies and utilities serving the community, including Ukiah's municipally owned electric power utility and PG&E(natural gas utility)Current emissions factors for electricity,natural gas and other fossil fuels will be utilized,in accordance with commonly accepted protocols. Transportation Emissions On-road vehicle emissions will be calculated using CARWs Emission Factors (E I AC)model,based on VMT data generated by Fehr&Peers(see following par i aphs);Emissions from off-road sources will be estimated using information Cy of Ukiah Cnnenhavad Ga. F=dans Invenlmy and Cliinale 4m-tori Plan 1- 1 Approach to the Project provided by the Mendocino County Air Quality Management District (MCAQ )and CARB's Off-Road emissions model. ESA recommends the use of a travel model(in particular,the Mendocino Familiarity with the local County travel model)to prepare the VMT estimates.The Mendocino County economic and policy travel model was developed and calibrated to year 2010 conditions,and contains environment,as well as familiarity with transportation relatively recent information about current and anticipated future land use conditions and service patterns in the City and throughout the County.City . ' were heavily involved availability,is essential to in developing the land use inputs for the model, and particular care was taken making sure that the resulting to ensure the accuracy of the current information and the reasonableness of plan has an optimal chance of the future forecasts. The model is a good resource for evaluating the travel success. Our approach combines the most robust effects of current and envisioned land use patterns,and is sensitive to land measurement tools based on use factors such as jobs-housing balance. statewide and national research with a deep understanding of Discussions between ESA,Fehr&Peers and City staff will inform how VMT local conditions to ensure that modeling will proceed, including forecasting tool selection, accounting rules the City's CAP is both realistic (e.g.,assumptions and effective. about residential and employment trips),data needs,and which traffic analysis zones should be included. In addition to estimating VMT for the base year(2010)and projecting VMT out to 2020(to be consistent with the AB 32 target year),a more distant horizon year for GHG analysis will be decided upon. The Mendocino County travel model currently extends to the year 2030; extrapolation of those results to the year 2035 can be accomplished if the City wishes to use 2035 as the CAP horizon year. The Mendocino County travel model is consistent with the"origin-destination" method recommended by C ' 's Regional Targets Advisory Committee (RTAC). VMT attributable to Ukiah will include 100%of vehicle trips having origins and destinations within the city of Ukiah,and 50%of vehicle trips with an origin or destination within Ukiah but ending or originating elsewhere. The method for calculating VMT will account for the actual speed of travel (including periods of congestion when travel occurs at less than the posted speed limit),since VMT occurring at different speeds has different GHG emissions effects.In addition,the method accounts for the total length of the trips that have one end in Ukiah and the other end elsewhere, in order to more accurately estimate the total VMT associated with that travel. Solid Waste Sector Emissions Community solid waste generation and waste characterization data will be obtained from CalRecycle,the state agency that maintains databases of local waste flows and waste stream profiles. Waste emissions for the baseline and update year will be estimated using EPA's Landfill Gas Emissions Model (LANDGEM)software. 1-6City f Lnrean—Grevnnouse Gas Emissions 0,voindey and C9imate Adlion Man , 1.Approach to the Project Water and Wastewater Emissions The City provides water service to approximately 5,800 connections. Ukiah's raw water supply is obtained from groundwater,Russian River underflow, and a water supply contract with the ' " C. GHG emissions associated with water supply will be captured under the energy-related emissions. The City also operates a wastewater treatment facility that serves the community of Ukiah. ESA will coordinating with City staff to quantify GHG emissions associated with wastewater treatment processes. Agriculture Agricultural activities emit GHG emissions through use of off-road equipment, from fertilizer application on agricultural land,and from enteric fermentation by livestock. Agricultural activities, including cropland and grazing land management,can also be a benefit to GHG management,by enhancing carbon storage(sequestration)in plants and soils,and by preserving existing soil carbon.The ESA Team will incorporate agriculture emissions sources into the community-wide GHG inventory and CAP to the extent that they come from sources located within the planning boundary. This includes compiling fertilizer use data for each crop type grown within the City.A representative source for deriving this data would be the annual Agricultural Crop and Livestock Report published by the County.The average amount of nitrogen fertilizer used in farming practices will be used to estimate emissions,and such data will be identified in consultation with the City and the Mendocino County Department of Agriculture. Although agricultural land makes up a relatively small percentage of land within the current city boundary,agriculture is a significant industry in the Ukiah Valley. Quantification of agricultural emissions will be especially important if the planning boundary used to develop the community inventory goes beyond the current city limits to the City's sphere of influence. Municipal Facilities In addition to City offices and fleet vehicles,the City operates an airport, police and fire departments,a wastewater treatment plant, and a water treatment plant. With assistance from City staff,ESA will work directly with the various City departments to develop source lists and collect the necessary data for quantifying GHG emissions associated with operations. Cy of Ukiah GIE:Ontaotise Cfao,Ern risfrpvcrrotory W7C1 achorp Pion 1,*7 1.Approach to the Project Task 2: Develop Draft Outline for the CAP An important early stage task will be to help the City determine the level of detail needed in the Ukiah CAP.The ESA team has in-depth experience with analyzing and developing CAPs,and we are experts at assisting communities with selecting the most appropriate approach from a wide range of detail and cost-benefit analysis exhibited by city and county CAPs throughout California and beyond.The ESA team will assist Ukiah in developing a CAP that integrates with the General Plan and provides a clear road map for reducing GHG emissions and achieving reduction targets that are consistent with the goals of AB 32 and SB 375. ESA will identify several examples of other CAPs to illustrate the range and type of analyses and planning that can be delivered. Our analysis of CAP elements and draft outline will be provided as a memo to the City.We anticipate that the CAP will include the following elements or sections: a) Introduction Chapter with purpose,goals and background science and explanation of climate change,GHG emissions,and the regulatory environment; b) Chapter presenting results of municipal and community-wide GHG emission inventories,projections of emissions,and future reduction targets; c) Chapter on GHG emissions reduction measures,including costs and benefits and providing a roadmap for the City to meet its GHG reduction goals; d) Chapter on CAP implementation and monitoring of the reduction measures and progress towards GHG reduction goals; e) Chapter on how the CAP relates to the General Plan and the CEQA significance of the CAP and associated reduction measures; f) Chapter on the impacts Ukiah can expect to experience due to projected changes in the climate,and what the City can do to begin preparing for them; g) Methodology Appendix describing protocols,modeling assumptions, modeling software and emission factors; h) Appendix providing detailed cost-benefit analysis of GHG reduction measures;and i) Appendix providing the results of baseline and future VMT modeling. Task 3: Identify and Evaluate Draft Emissions Reduction Measures The purpose of this task is to identify,develop,and describe potential GHG emission reduction programs,policies,and measures that are appropriate for 1-8 City of Ukiah—Greenhouse Gas Emissions Inventory and Climate Action Plan 1.Approach to the Project inclusion in the Ukiah CAP. ESA will address each category of emissions sectors—residential energy,commercial and industrial energy,solid waste, transportation/land use,and water use—with the appropriate mix of strategic and tactical measures,as both are necessary.As requested in the RFP, we will develop two lists of measures: one for community-wide actions and one for municipal government actions. The measures will include a broad spectrum of approaches, ranging from focused programs or specific development projects to broad land use initiatives. Overall,the key to a successful CAP will be to build upon previous and existing City initiatives in energy conservation, transportation, solid waste, water conservation,and other sustainability projects,and to analyze and address gaps in the planning and program development that has taken place to date. ESA will work closely with City staff,and incorporate public input into the CAP development process to develop a suite of GHG reduction measures that address the particular needs of the City and maximize the City's potential for increased sustainability. We will draw on tools, ideas and experience from many sources, including ICLEI,the US Conference of Mayors Best Practices for Climate Protection,CoolCalifornia.org,and our experience developing CAPs for local governments in California and beyond. We will also draw from best practices put forth in exemplary CAPs in similar rural communities with an agricultural focus such as Oakdale,Oxnard,and Delano(where we are currently developing CAPs).For the community measures we will consider programs and policies that are both wholly within the City of Ukiah and those that are regional in nature, and that would require collaboration with other jurisdictions and regional organizations. From the literature review,City staff direction,and our own consideration of Ulciah's needs and potentials,we will develop a comprehensive list of programs and policies for both the City and the community. In addition to new measures that ESA proposes for inclusion in the CAP,the initial lists will incorporate: O AB 32 Scoping Plan measures administered by the State that will reduce GHG emissions associated with City operations and across the community; O State adaptation measures that will affect the City,as well as the region; O Existing City of Ukiah programs that reduce GHG emissions or enhance the City's ability to reduce emissions,help the City adapt to climate change impacts,or finance implementation of the measures. We will then conduct a comparative evaluation to develop a list of measures best-suited for Ukiah that address each major emissions source and estimate the emissions reductions that could result from each one being implemented city of Ukiah-rimenhause Gaz,LITINZSPOn IIi' oy trid Climate Ackin flan 1-9 1.Approach to the Project in Ukiah.The analysis will rely on available data and research,and previous experience,to quantify the effects of these measures.ESA will prioritize the list of potential reduction measures based upon the ability to achieve the greatest reductions of emissions and benefit to the City and the community at least cost.As such,reduction strategies that will save the City and the community money,create jobs,and provide co-benefits will be given the highest priority. We will prepare a comprehensive high-level matrix of measures,and tables and figures as appropriate,that will facilitate comparison of measures and help to identify synergies between strategies.This will allow us,in consultation with City staff,to come to logical conclusions regarding selection of options to bring forward for adoption,and to prioritize measures as high-,medium-or low-priority based on cost and effectiveness. This will also facilitate effective communication of proposed strategies to the public and other stakeholders. The following sections describe in detail how the major categories of emissions- reduction strategies will be approached. Transportation &Land Use The ESA team will review existing City policies and actions directly and indirectly addressing VMT and GHG reductions,and will identify gaps in the policy structure related to VMT reduction measures that affect GHG emissions. Following completion of the gap analysis,the ESA team will provide the City with a list of potential additional policies and actions that could be undertaken by the City or other agencies to reduce VMT in Ukiah.We anticipate that effective community strategies will fall into several broad categories including: • Land use strategies(such as increased mixed-use,pedestrian scale design,improved connectivity); • Improved jobs/housing balance; • Expansion,improvement or promotion of transit and rideshare programs; • Expansion or provision of bicycle/pedestrian facilities; • Measures to affect the private vehicle fleet mix; • Changes in parking policies; • Measures to encourage transit and carpooling; and • Promotion of low-carbon transportation technologies(e.g.,electric vehicle infrastructure). To evaluate the impacts of jobs/housing balance and other land use strategies on VMT,Fehr&Peers will conduct additional travel demand model runs that would reflect changes such as: 1-10 City of Ukiah—Greenhouse Gas Emissions inventory and Climate Ashen Plan g w t 1.Approach to the Project Adding land uses of different types in select locations; v, Providing additional density by converting some single-family housing to multi-family housing;and Modifying the proportional share of jobs and housing in specific areas of the City. The model inputs would be developed by Fehr&Peers,with direction from ESA and the City staff The scope assumes up to two strategy scenarios will be evaluated with new model runs. It is likely that many of the recommended strategies may not be able to be fully reflected in a travel model. Therefore,quantification of these strategies will be conducted using off-model tools and factors. A major report utilized for the quantification efforts will be the QuantiMng Greenhouse Gas Mitigation Measures report recently published by the California Air Pollution Control Officers Association(CAPCOA). Fehr& Peers conducted an extensive literature review for the transportation related strategies addressed in that report to provide accurate and reliable quantification methods to be used throughout California. The methodologies and calculations described in the report will be applied to the strategies identified for the City.The calculations will be additionally refined to provide more accuracy based on the context of the strategy and environment. Energy Efficiency and Green Building Energy efficiency measures include reduction strategies related to energy conservation and building energy efficiency.ESA will assess the cost- effectiveness of different programs and approaches to promoting energy conservation in the community. We will include a list of standard measures designed to reduce GHG emissions from residential,commercial, industrial and public facility development projects,so that City staff can effectively conduct environmental review(as related to GHG impacts)of future development projects. Cy of emital ci.pcyrtou50 Ort f:mtkot invrwnfory r-rvW blltte Aattn Plan 1-11 1.Approach to the Project Ukiah experiences hot summers,and it is likely that opportunities exist to ESA recently helped the City of improve the efficiency of air conditioning and refrigeration systems. In Pleasanton develop a CAP that particular,reducing urban heat islands through increased tree planting can be energy efficiency and an effective energy saving strategy,while also providing the co-benefits of conservation in the community. sequestering carbon and protecting wildlife habitat. Through a dedicated project web site and a series of public ESA will review of energy efficiency programs available for low-income workshops,the CAP has households,residential,commercial,agricultural, and industrial facilities in garnered enthusiastic support the City.ESA will identify gaps m current programs and funding opportunities, residents, the Chamber of and will analyze the potential for leveraging existing programs and lessons Commerce,and the learned from other local communities. ESA will work with the City to develop environmental community the criteria for evaluating programs and initiatives considered for the energy sector. The criteria are likely to include cost-effectiveness(for both energy efficiency and GHG emissions reduction),funding availability,and feasibility of implementation. Sample measures related to improving community energy efficiency include the following: Green building energy codes that go beyond Title 24,for residential and/or commercial buildings; • Maximize participation by residents and businesses in City of Ukiah's energy conservation programs,including rebates for weatherization and efficient equipment and appliances; Coordinate with Ukiah's municipally owned electric power utility and PG&E(natural gas utility)on focused marketing and outreach campaigns to educate households about the benefits of energy efficiency,available progr as,available energy-efficient appliances to reduce gas and electricity usage,and available rebates,tax credits,and funding mechanisms; , Encourage or mandate point-of-sale energy retrofits;and O Establish commercial-sector procurement guidelines instructing that all applicable equipment be ENERGY STAR rated. Renewable Energy Strategies Renewable energy generation and hydroelectric plants already provide approximately 80%of Ukiah's power. Further decarbonization of the energy supply may be accomplished by increasing small scale residential and commercial solar photovoltaic(PV)and solar thermal installations throughout the community. Solar power is used widely in Mendocino County, where there are major developers/d. •*butors of solar equipment,including Advance Power in Calpella and Real Goods in Hopland.There are also new technologies for solar cooling 1-12 City of Ukiah Greenhouse Gas Ernissws Inventory and Chman Ac/ion Man 1.Approach to the Project systems,p. 'cularly for commercial-scale buildings,that could be effectively implemented in Ukiah. ESA will evaluate existing programs and existing solar feasibility studies completed by local and regional stakeholders,and develop measures that leverage them.As an example,the City of Pleasanton has been very successful in this regard,incentivizing the community to increase solar installations through local ordinances,streamlined permitting processes, incorporating better educational resources,and leveraging of utility programs. ESA will evaluate the potential for increasing participation in local,state,and federal incentive programs for increasing renewable energy installations.ESA will analyze the lessons learned from other communities,and use regional data to assess the feasibility and costs of increased installations of solar PV and solar thermal systems,and other renewable energy opportunities within the City of Ukiah. Ukiah presents several opportunities for increasing the production of low-carbon energy sources.Ukiah is the home of Yokayo Biofuels,a major producer and distributor of biodiesel made from used vegetable oil. Additional opportunities for renewable energy production include geothermal energy and anaerobic digestion of biological feedstocks including sewage sludge,municipal food waste,and agricultural processing wastes. Water Conservation and Water Efficiency Water conservation is already an important issue to the City,and it is bound to become even more critical with climate change and possibly tighter controls on stream diversions for protection of salmon. Several CAP strategies will focus on water conservation.Although water does not directly emit GHGs, the transport,distribution,and treatment of water and wastewater all involve significant energy consumption. Therefore, reducing water use within the community is a win-win solution for the City by reducing environmental impacts along with operational costs,as well as improving the outlook for the communities long-term water security. In developing water conservation measures for the CAP,ESA will review and incorporate where appropriate the demand management measures included in Ukiah's 2010 Urban Water Management Plan. Example measures related to the strategy of promoting water conservation and efficiency include,but are not limited to,the following: Water system audits; Increase awareness of rebates and incentives for water efficient appliances and fixtures,efficient residential landscapes and graywater systems,and high-efficiency commercial irrigation systems- chl,DI Uir#ah Greenhouse Gas EmissCons Mvenfory and COimag Athon Han 1-13 1.Approach to the Project ▪ Better educational and informational programs available through the City and other agencies; ▪ Identify and implement more efficient use of water in municipal operations,including use of"smart" irrigation systems for City parks and landscaping;and • Conservation pricing. Waste Reduction, Recycling, and Composting The City abides by AB939 requirements and promotes waste reduction and recycling by City residents.Solid waste collection and disposal typically account for a significant portion of a community's GHG inventory,and an opportunity for significant reductions at relatively low cost.ESA will work with City staff to develop an overall set of goals and strategies,and to understand the constraints and opportunities,for reducing waste and its impact on GHG emissions.These may include new efforts at source reduction or reducing construction and demolition waste, in addition to improving commercial and residential recycling and composting collection programs. Since the City currently has its waste hauled a relatively long distance to the Potrero Hills landfill,the transport of that waste represents a significant carbon footprint.Disposing of the waste at a site nearer to the City(e.g.,reopening the closed Ukiah landfill)could represent significant GHG emissions reductions. Decreasing the volume of waste sent to landfill is another way to reduce emissions.The new mandatory commercial recycling requirement could be used as a catalyst for local programs to reduce landfilled waste,and for reducing the methane generation potential of waste sent to landfill(by targeting particular materials). Agriculture and Open Space For this sector,the ESA team will analyze the opportunities and constraints for emission reduction as represented by current agricultural practices in the planning area.Much of the City's General Plan is geared toward preservation of agriculture and the agricultural economy,and the Plan includes numerous polices to protect farmland and rangeland from conversion to other uses. If the planning area includes significant open space and agricultural operations, the CAP is likely to include policies and measures designed to reduce agricultural emissions and/or sequester carbon. Recent and ongoing research enhances our ability to quantify emissions impacts(both positive and negative)from agricultural,dairy,rangeland,and forest management practices.GHG emission factors have been established for livestock,including enteric fermentation rates of methane emitted by type 1-14 City of Ukiah—Greenhouse Gas Emissions Inventory and Climate Action Plan 1.Approach to the Project of animal, along with methane and nitrous oxide emissions from manure decomposition. Emission factors have also been established for different types of crops,cropping systems,and tillage regimes.Many of these factors have been developed by UC Davis and C " .ESA will use the latest research available to ensure that the emission factors we use in quantifying emission reduction potential of programs and strategies are based on the most recent peer reviewed research. Different crop types also have different carbon sequestration rates.Most field crops,for example,sequester carbon during the growing season,only to release that carbon shortly after harvest.Other crops,such as orchards and vineyards, sequester carbon over much longer periods and are considered to be carbon sinks. Many fanning practices affect GHG emissions. The use of low tillage and/or periodic flooding of peat soils can significantly reduce GHG emissions. No till or low till practices reduce emissions from fuel combustion and from reduced oxidation of soils.In addition,practices that reduce nitrogen fertilizer use reduce emissions of nitrous oxide,a powerful greenhouse gas. Adaptation Measures ESA will include specific measures for increasing the resiliency of Ukiah to climate change and its effect on the environment and public health.In California, global climate change is expected to result in higher average temperatures, more severe droughts,heat waves, and winter storms,higher levels of air pollution, increased risk of catastrophic wildfire,and flooding of coastal and low-lying areas. A projected decrease in available water supply,resulting from California's diminishing snowpack and changing precipitation patterns, also poses a serious challenge for all Californians. ESA will develop specific recommendations regarding water conservation, flood protection,and maintenance of urban forests and wetlands. In addition, we will explore and make recommendations on programs and policies that serve the dual purpose of adaptation and carbon sequestration,such as green roofs and tree planting to retain water and reduce heat islands. Task 4: Public Workshops The ESA Team will support the City's efforts by preparing materials and attending two(2)public workshops designed to gather input for the Draft CAP,with one targeted for City residents and one targeted for City businesses. The ESA Team will assist the city in organizing and preparing for the workshops, designed to share information on climate change, present proposed measures for reducing community GHG emissions,solicit ideas and feedback from the City ot 4/kW?-GiE:0100U46 GE*ii),14 friveatcry ood Clunate Anon Plao 1-15 1.Approach to the Project community,and develop consensus on potential actions.ESA will attend, provide leadership,and facilitate the meetings.ESA will compile feedback and input collected at the workshops and incorporate it into the Draft CAP as appropriate. The workshop content is based on Tasks 1, 2,and 3.We will work with the ESA is known for designing and City to ensure that the program for each workshop is geared for the target implementing effective public audience,and captures public input that helps create a realistic CAP that is involvement programs and presenting complex concepts to appropriate for the community of Ukiah. both the public and decision- makers with technical accuracy This scope of work assumes that the City staff will be responsible for and in a style that is securing a location for,and advertising of,the workshops. comprehensible to the layperson. Task 5: Prepare Administrative Draft CAP Following City review of the proposed measures and draft actions,and the input from the public workshops,ESA will prepare and submit an Administrative Draft CAP for review and comment by City staff. The Administrative Draft CAP will incorporate comments on proposed measures and expand the cost- benefit analysis where appropriate.The Administrative Draft CAP will include updated descriptions of each recommended measure as well as a revised table of measures for easy reference and comparison. Descriptive graphics will be used as necessary to communicate key information,including how the 2020 reduction target is expected to be met over time by the selected measures. A key element of the CAP will be a program for monitoring the effectiveness of selected programs and policies. The ESA Team will assist the City in developing quantitative and qualitative performance measures and evaluation criteria for the CAP. We will develop a monitoring program that identifies the party responsible for monitoring,effectiveness criteria,and schedule. We will also include plan-wide effectiveness monitoring,such as periodic updates of the City's GHG inventory, and periodic updates to the CAP including quantification of individual program or measure effectiveness. ESA will provide administrative draft documents electronically (WORD and/or PDF)to the City for review and comment. Task 6: Review Administrative Draft Plan with City Staff ESA will revise the Administrative Draft CAP based on feedback from City Staff,and then prepare the Public Draft CAP for public and City Council review. 1-16 Guy of Ukiah-Greenhouse Gas Famsspons Inverquy and Ciona0e lickm Plan 1.Approach to the Project ESA will assist the City with circulation of the plan. There are no statutory requirements for the length of circulation or public notice.ESA recommends that the plan be circulated in the manner that a major planning document (such as a specific plan)would be circulated. The length of the review period should be coordinated with the review of any documents circulated under Task 7(below). ESA will provide an electronic and a single-sided print-ready copy of the draft CAP to the City for distribution. Task 7: CEQA Discussion The CAP includes measures to reduce both municipal emissions and City- wide emissions. To the extent that the CAP would commit the City to future actions which may have a significant effect upon the environment,the adoption of the CAP may be considered a project subject to the California Environmental Quality Act(CEQA). ESA will work with City staff to:(1)define the whole of the action;(2)identify measures with the potential to create an adverse effect on the environment; (3)identify actions by other public agencies which may be required to implement the CAP and would therefore have an interest in the CEQA process; and (4) identify implementation programs which may require additional CEQA review in the future. Note that the scope of this task would not include the preparation of analysis or documents other than the Draft CAP itself. The Ukiah CAP will be written in a manner that is easily and efficiently transferable to the General Plan.We envision that the CAP will be incorporated into the General Plan by reference,ensuring that an action adopting the CAP is consistent with adopting those elements. To reduce the administrative time required by the City for CEQA analysis,our CAP analysis will be provide the necessary assessment(of General Plan consistency)that can be used by City staff in preparing the CEQA documentation. Task 8: Workshop Presentation to City Council During the public review period of the Draft CAP,ESA will assist with presenting the Draft CAP at a City Council meeting. The draft CAP will be presented in a workshop format,with the intent of receiving input from the Council that will shape the Final CAP. Information on previous tasks, and the selection process for the reduction measures in the Draft CAP will be discussed.Public comment will also be received by the Council. Cay f IfklaP—Grendhctisa Gas Ernasmns Inventory and Chtnate Ann P14ft 1-1 7 1.Approach to the Project Task 9: Develop Final CAP At the conclusion of the public comment period,ESA will assemble all written and oral comments.ESA does not propose to prepare formal responses to comments,but rather to summarize issues raised in comments and discuss how these are addressed in the revised(Final)CAP.ESA will revise the Draft CAP to incorporate comments and new information,and prepare a draft Final CAP.ESA will provide administrative the draft Final CAP electronically(WORD and/or PDF)to the City for review and comment. Task 10: Review Final CAP with City Staff ESA will revise the draft Final CAP based on feedback from City Staff,and then prepare the Final CAP for Council approval.ESA will provide an electronic and a single-sided print-ready copy of the fmal CAP to the City for distribution. Task 11: Presentation to City Council ESA will prepare the Council presentation and work with City staff to prepare the staff report and associated resolutions for Council adoption of the CAP. ESA will facilitate discussion,answering technical questions,and support City planners and legal counsel in identifying and defining policy issues related to adoption and implementation of the CAP. 1-18 City or Ukiah—Greenhouse Gas Emissions Inventory and Climate Action Plan 9 L- 1 imembri.„,..11,..., g g! I 1 11111111 r N I 9111010 lw Y ... N H » lit 3 ll FIIRIIRIF 1§4 Ft ttilliANar > » g if 11 ' 4 2 a g !II f fx N a1ii. J _— N : : 1 I i ^ ILI N N I ' ii! 1:11.1-Fil I :': .F. 1 P N 10' QQ 41 I 01 w W. 2 '52 a . I III w 8 N®Nps®f $ $ J I _n a O QN®r®—f r N r R § Ill Ill 4 2 1P • o. 1 A 31 . ,.• V y O . i E z W 21 1 il i ! 11 Ien 0 II i2i1 it w �A a °dam @@ yy # v il If 11 ®Z `0 as 11 1 luxdrour Q Q - r U ESA Environmental Science Associates & Subsidiaries 2012 Schedule of Fees I. Personnel Category Rates Charges will be made at the category hourly rates set forth below for time spent on project management,consultation or meetings related to the project,field work,report preparation and review,travel time,etc.Time spent on projects in litigation,in depositions,and providing expert testimony will be charged at the category rate multiplied by 1.5. Executive Director $255.00 Senior Director II—Engineer $245.00 Senior Director II $235.00 Senior Director I—Engineer $215.00 Senior Director I $215.00 Director-Engineer $200.00 Director fl $200.00 Director I $185.00 Senior Managing Associate/Technical Assoc.—Engineer $175.00 Senior Managing Associate/Technical Associate II $175.00 Senior Managing Associate/Technical Associate I $170.00 Managing Associate/Technical Associate —Engineer $160.00 Managing Associate/Technical Associate II $160.00 Managing Associate/Technical Associate I $150.00 Senior Associate II—Engineer $145.00 Senior Associate II $135.00 Hydrologist II $125.00 Hydrologist I $115.00 Senior Associate I $125.00 Associate III $110.00 Hydrographer $105.00 Senior Administrative/Graphics $105.00 Associate II $100.00 Associate I $90.00 Environmental Tech II $80.00 Environmental Tech I $70.00 Administrative/Graphics $85.00 Clerical $70.00 �r 1 ESAIPWA 2011 Schedule of Fees fi 1km1111 D. Equipment Rates 1111111111 t a ' Week teimont �7�1/,/JyJ�I;J/�l°>��ii�fl�l11(l>�al�l�1'�/l�a�> General Equipments: Vehicles $ 40a $ 180 Laptop Computers 50 200 $ 500 LCD Projector 200 600 Noise Meter 50 Electrofisher 300 1,200 Sample Pump 25 Surveying Kit 20 Total Station Set 100 400 Field Traps 40 Digital Planimeter 40 CamerasNideo/Cell Phone 20 200 Miscellaneous Small Equipment 5 Computer Time(i.e.GIS) I 1206 Trimble GPS 75 350 900 GIS Imagery 2c GIS Web Maps 200d Tablet GPS 100 400 1,000 Laser Level 60 Garmin GPS or equivalent 25 250 Stilling Well/Coring Pipe(3 inch aluminum) $3/ft Hydrologic Data Collection,Water Current,Level and Wave Measurement Equipments: Culvert Flow Meter $ 25 $ 100 $ 400 Logging Rain Gage 10 40 125 Marsh-McBimey Hand-Held Current Meter 50 200 Logging Water Level Logging-Stainless Steel Pressure 10 40 125 Transducer Logging Water Level-Titanium Pressure Transducer 20 80 300 Logging Barometric Pressure Logger 10 40 125 Well Probe 20 80 Bottom-Mounted Tripod/Mooring 50 200 900 Water Quality Equipments: Logging Turbidimeters Water Level Recorder $ 25 $ 100 $ 400 In-Situ Troll 9500 logging water quality multiprobe 200 800 Logging Temperature Probe 3 10 40 Hach Hand-Held Turbidimeter Recording Conductivity Meter 50 200 w/Datalogger Refractometer 20 80 YSI Hand-Held Salinity Meter 30 120 Hand-Held Conductivity/Dissolved Oxygen Probe 40 160 Water Quality Sonde 800 YSI 650 with 6920 Multi Prob 180 500 1500 Sedimentation I Geotechnical Equipments: Peat Corer $ 75 $ 300 601b Helly-Smith Bedload Sampler with Bridge Crane 175 700 Suspended Sediment Sampler with Bridge Crane 75 300 Vibra-core 100 400 Shear Strength Vane 50 200 Auger(brass core i $5/each 20 80 Boats: 14 foot Aluminum Boas with 15 HP Outboard Motor $ 100 400Single or Double Person Canoe 30 120 17'Boston Whaler w/90 HP Outboard 500 2,000 hs a Actual project charges will be either the IRS mileage reimbursement rate or the daily rate,whichever is higher. b GIS computer time will be chaa ed at$15.00 er hour. Cay of hyen :fry and rre i1s.Ne 114sacmaa 2urua¢uurr Finigh ds"V9�e+daaPssn z'QIU�m:ymu�kws91ram Plan ..a...... _ .. ...... Thy Q.Du.ue$',Prtex_ pA,_wrual `—ata 1.3ctaEral PB¢vwaraa ya,,..awn B,l??3aA.2e F^2p">2.f .$M1r2h (AannV E1Na4W I p� f 1 UGr,9¢uC1 1 da Thu toe21/12 Thu Cal""112 8/21 MI1440 inventory,Proparutterle,Targets 12 wOs F'rt 6/22)12 Thu 2/12/12 Y 135/1 JA�D'ri9WU40/1N/�l X1441.. Draft Outline Mr GAPI 3 wake Fro e/24/171 Thu 9P13l'12 2FF Bran Deduct/an Measures 12 secs Fe 2114/12 Thu 12/0/12 3 mIDNIYH M"1/17>flfl"Tir/n%,`�YApyrwr�piYflA.'Y. Desk Workshops I wk Fu 11/2112 Thu 11/9/12 4FFie whs ,F, ..... (Prepare A4+wui Pratt CAP 4 auks Fet 1217/12 Thu 1/3/13 4 9 'F Staff?Weems et ATS CAD 4 veks Fh 114/113 Thu 1/31/1312 3 Freapre Death CAW" 2 Veal Fri 2.11/83 Thu 21'141137 g q,Ti.r ...... Public Review 5 Wm Fe 2/12/44 Thu 3/14/138 . �lCAFA4., 15... Workshop se'City Cuuro/l 1 Ilk Fri 3613 Thu 39141138FF42 days 11 Remo Final 1127^ 3 works FA 3f2gf13 Thu 4Y'€211:119 ........................ 12 Staff dew>pgoe of Final CAD 2 corks Fri 4112113 The 6lP,Nl13 11 '1 . 13 1Prosenettriou to CorrnOl 1 wk 44//10/13 Thu 0/18113 02F94 wale 14......., Getman Biweekly Cern!Calla 232 days? Thu 0/219 2 44 3110/13 14 .. ,,,, ... ........... ... „ ....,,, .., �a�mwr�i �weu�+.ew�wwww41mnm+wwHwerin! uwmvivawvuwry muw, uWOWu uwwMMwo-vwwrrwuuur Il.;r Olrupaa6us2 junta Dome 232 dm? Thu 1612 Mt 892!'13 uuurva�.'. m �. �,.. � _��w1u�w��wavwwvuwww�w:umm ro uuwwaaw��wx�wwlw:,+ PVUVamek.aMC6V 0A1&h ea'alall ar�aua Task �4114181(/'9i„Nh1/134. VNItl 4rraw • ICaaa9uuroV 1:a aaurarmwrr nro;rcarnrawvu✓J /3OIr4 Too 5/12/12 l Negress a• .'• 2°uo-nnr�mory ?Damsel Milestone 4 ESA Fro�aauk Euarmrm„ev2 m ..''" ",,,3, 1:kaceh.r3PRMa 5 I Pape 1 Ci4kjah EXHIBIT "B" INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and Commercial General Liability—Completed Operations Form No. CG 20 37 10 01). B. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability, code 1 (any auto). C. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. II. Minimum Limits of Insurance Contractor shall maintain limits no less than: A. General Liability: $2,000,000 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, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence basis. B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis. C. Worker's Compensation Employer's Liability:$1,000,000 per accident for bodily injury or disease. III. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of 10 losses and related investigations,claim administration and defense expenses;or to approve the deductible without a guarantee. IV. REQUIRED Insurance Provisions Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor;and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment,furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. B. The workers'compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers'compensation policy. C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance with respect 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 Contractor's insurance and shall not contribute with it. D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision(b)of Section 2782 of Civil Code. V. RATING -Acceptability of Insurers Insurance is to be placed with admitted California insurers with a current 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. VI. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 11 VII. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 12 Attachment# RESOLUTION NO.2010- 33 RESOLUTION OF THE CITY OF UKIAH APPROVING THE APPLICATION FOR GRANT FUNDS FOR SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVES PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY,FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006(PROPOSITION 84) WHEREAS,the Legislature and Governor of the State of California have provided funds for the program shown above;and WHEREAS, the Strategic Growth Council has been,delegated the responsibility for the administration of this grant program,establishing necessary procedures;and WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s)by the Applicants governing board before submission of said application(s)to the State;and WHEREAS,the applicant, if selected,will enter into an agreement with the State of California to carry out the development of the proposal. NOW,THEREFORE,BE IT RESOLVED that the City of Ukiah • 1. Approves the filing of an application for the Mendocino County Sustainable Communities Planning Grant in order to become a sustainable community; 2.Certifies that applicant understands the assurances and certification in the application,and 3. Certifies that applicant or title holder will have sufficient funds to develop the Proposal or will secure the resources to do so,and 4.Certifies that the Proposal will comply with any applicable laws and regulations. 5.Appoints the Project Analyst, or designee, as agent to conduct all negotiations,execute and submit all documents including, but not limited to applications, agreements, payment requests and so on,which may be necessary for the completion of the aforementioned project(s). PASSED AND ADOPTED by the Ukiah City Council on August 18, 2010 by the following roll call vote: Ayes: Councilmembera Landis, Crane, Baldwin, and Mayor Thomas Noes: None Absent:Councilmember Rodin Abstain: None Benj Thom s, Mayor Attest: • J nne M.Currie,City Clerk Attachment# 3 Irl&r rd ,or"rovmm� ;l 1�� 7a? "a � " 1M Ir asi� .roq^ 'v x ^ l r �'" � _ 54. R r� t'�✓ �� i� ,,�mi r o Nk-,tr;r , uc's x� �C�. ��� i i�f Er�� i� 774 �.�'�r� i � �,.a '•' �w � � � via "„y3�i d 1�1 ..� � .� 4 " i. ,kf V w t a ' „` �S a a 1S it„ �>§��w�F�N w y�ss(� .�r�' ��� ��"`�`"��Q��r y p�41����,t.�sz 4 �a�"�`'S,, lar ' ,.y � qti � � — "�:'� �yq w 7 u r i ri^ l ., D 1 ,r ;l r 'r r "' ".r �i� �4�i�;d a b r6 kik< xa 7`. 1 r rrrf, y i Pti � b w,r �k �Y� �'� i' ., -aix r "Recent greenhouse gas emissions place the Earth perilously • Temperature: Average temperatures could increase as close to dramatic climate change that could run out of our much as 10 degrees F by the end of the century,with 3.6 control,with great dangers for humans and other creatures. degrees F considered the"tipping point"beyond which We must begin to move rapidly to the post fossil fuel clean runaway climate impacts—including full melting of the energy system." polar ice—are inevitable. -James Hansen,Chief Climate Scientist,NASA,Director, • Fire Risk: The occurrence of large wildfires could Goddard Institute,Columbia University increase by as much as 35-55%. • Water Availability: Based on current trends,by 2050 the average April measurement of the Sierra snowpack "Ifthere is no action before 2012,that's too late.What we do will drop by 13 feet, resulting in a loss of 36% of in the next two to three years will determine ourfuture.This California's water supply. These impacts will is the defining moment." dramatically increase competition for scarce water -Rajendra Pachauri,Chair of the Intergovernmental Panel on resources, severely reduce the state's agricultural Climate Change(IPCC) production, and further intensify the frequency and duration of droughts. • Public Health: Climate change will increase the frequency and intensity of conditions conducive to air Overview of the Climate Crisis pollution,harsh heat,and vector-borne disease. The United Nations Intergovernmental Panel on Climate • Sea Level Rise: Estimates of sea level rise range from as little as 2 - 3 feet if emissions trend downward, to as Change (IPCC), a global scientific consortium on climate much as 8.5 - 35 feet by the end of the century if change, has provided compelling scientific evidence that emissions continue to rise in a"business as usual"(BAU) human-induced greenhouse gas (GHG) emissions are now producing climate impacts with dangerous consequences for scenario. the ecosystems on which all life depends. According to Between 1900 and 2000, sea level rise in the Bay research by Lawrence Berkeley Laboratory and James Hansen, underneath the Golden Gate was 7 inches,primary due to NASA's Chief Climate Scientist,recent global emissions trend thermal expansion from global warming,and this rate of lines—if unchanged—will produce these likely consequences: increase is accelerating. , ITEM NO.: 12b June 6, 2012 MEETINGDATE: .............................................................................................................._ City of'alfa. AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GHD IN AN AMOUNT NOT TO EXCEED $259,998 FOR ENGINEERING SERVICES FOR THE TALMAGE RD, HWY 101, SOUTH BOUND OFF RAMP AND INTERSECTION AND APPROVE ALL CORRESPONDING BUDGET AMENDMENTS AND TRANSFERS Background: On March 7, 2012 the City Council took action to include a new capital project in the Capital Improvement Program (CIP). The project is a new off ramp for the south bound traffic at the intersection of HWY 101 and Talmage Road. This project was identified in a recent Environmental Impact Report(EIR) for the build out of the Redwood Business Park (Park). It is clear that the build out of the Park will require a significant improvement to the traffic facilities for the south bound freeway traffic. The former Redevelopment Agency in the City of Ukiah was under contract with Winzler and Kelly (now GHD Inc.)for the design of all the traffic improvements that were required for build out of the Park by the original traffic impact fees program. The designs for these improvements are complete and are ready to be put into a bid package for the construction of the required improvements. City Staff has worked closely with GHD during the design of these improvements to analyze new and proposed developments in the Park. As the Wal-Mart EIR was at the draft stage for comment, Engineering Staff requested GHD to assist in an independent review of the traffic portions of that EIR. City staff relied on existing relationships between GHD, Caltrans and local Engineering firms (Rau and Associates)to analyze proposed mitigations and comment on the feasibility of the mitigations proposed by the EIR traffic consultant W-trans. This effort created a wealth of knowledge and relationships specific to the proposed Southbound HWY 101 off-ramp. Continued on Pao^e 2 Recommended Action(s): AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH GHD IN AN AMOUNT NOT TO EXCEED $259,998 FOR ENGINEERING SERVICES FOR THE TALMAGE RD, HWY 101, SOUTH BOUND OFF RAMP AND INTERSECTION AND APPROVE ALL CORRESPONDING BUDGET AMENDMENTS AND TRANSFERS Alternative Council Option(s): Provide staff with . .... other direction. Citizens adv .................................................,..,..,..,..,..,.......,..,..,..,..,..,..,....,..,..,..,.....,..,..............,...........,...,..,_...,..,w....................w......,,u..,,u.N.,,u..,,u.......,..._...._.__.__.__._._.____.__........._____._.__.......__... ......�.... ..._-_.,u..„..... ised: Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Tim Eriksen, Director of Public Works/City Engineer Coordinated with: Jane Chambers, City Manager; and Rick Seanor, Deputy Director of Public Works Attachments 1. GHDProposal Approved lin- Chambers, City Manager Subject: Authorize The City Manager To Negotiate And Execute A Professional Services Agreement With GHD In An Amount Not To Exceed $259,998 For Engineering Services For The Talmage Rd, Hwy 101, South Bound Off Ramp And Intersection And Approve All Corresponding Budget Amendments And Transfers Meeting Date: June 6, 2012 Page 2 of 2 Discussion: City Engineering staff and GHD staff spent a significant amount of time discussing the issues with Caltrans regarding the freeway off ramp structure at Talmage Road. It became clear that if a timely solution to traffic at this location was to happen it would have to be the City of Ukiah championing the project. City engineering staff will have to rely on a consultant to provide the kind of support and pressure on Caltrans to keep a project of this magnitude moving forward. The City Engineer requested GHD to provide a thorough proposal for providing this complicated and agency integrated scope of services. Attached is the resulting proposal from GHD. This would be executed as an amendment to the existing contract. The total price is $259,998. The concept is to start with the most time critical tasks and develop any other tasks as they arise through the coordination effort with Caltrans. Staff is recommending the sole source of this amendment with GHD as a result of the timing issues and the complex project specific relationship with the permitting agency and knowledge of the exact traffic issues. It should be noted that this is a very large contract for a sole source. However, Engineering staff has analyzed the proposal over several iterations which has already resulted in reducing the original scope and price. The proposal is an equitable reflection of the tasks involved. As this project leads into a construction project, the designs that have been prepared for the Park could be combined into one large project to get the best bid price by the construction contractor. The funding for these services can be allocated from the funding that was given to the City when Talmage Road was relinquished from the State HWY system to the City of Ukiah's responsibility. These funds are to be used for improvements to Talmage Road and this scope of services would be compatible. Staff intends to issue an RFP for a complete street solution to the portion of Talmage Road between S. State and Airport Blvd. for design in the near future. Fiscal Impact: 111/12 X...... New Appropriation { Not Applicable X Budget Amendment Budgeted FY Required .......... . Amount Budgeted Source of Funds (title and #) Account Number Addit.Appropriation Requested 0 Talmage Road Relinquishment 100.3001.250.000 $259,988 250 Fund Balance ,ilii.' , „r /.. ,, •/ ,iiiir/ //%/. /iia/r//// ///r// Ir'11, ATTACHMENT I May 15, 2012 Mr. Tim Eriksen City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482 RE:Amendment to the Agreement for Professional Consulting Services Redwood Business Park Transportation Improvements Project,City of Ukiah Dear Mr. Eriksen, GHD is pleased to provide you with this proposal for supplemental services for the design of interchange, intersection signal and roadway improvements on Talmage Road and at the U.S. 101/Southbound Talmage Interchange. Our project understanding and project team are summarized in this letter, and our scope of work and estimated budget for professional engineering services is attached for your consideration and approval. Once approved, it is our understanding that the supplemental tasks will be appended to the original professional services agreement with the City for the Redwood Business Park Project. The scope of the proposed interchange improvements includes modifications to the Talmage Road/U.S. 101 southbound on-and off-ramps and Talmage Road. Modifications to the Talmage Road/U.S. 101 southbound on-and off-ramps include removal of the southbound off-ramp to westbound Talmage Road from service, and widening and realignment of the southbound off-ramp to eastbound Talmage with terminus at a new signalized intersection with Talmage Road. This new signalized intersection would be coordinated with the signal at the intersection of Talmage Road/Airport Park Boulevard due to their close proximity and anticipated traffic volumes. In addition to these improvements, Talmage Road would be widened to add a westbound through lane (two through lanes) between the U.S. 101 overpass and Airport Park Boulevard, and to add an additional eastbound lane between Airport Park Boulevard and the Talmage Road/U.S. 101 southbound on-ramp (one through lane and one right-turn lane).The widening of Talmage Road is anticipated to require a retaining wall along the north side between Airport Park Boulevard and the new signal. PROJECT TEAM The core project team was originally hand selected for the project based on experience, local knowledge, and the ability to meet the City's timeframe and expectations.The primary team is as follows: Matt Kennedy-will continue to serve as Project Manager. Matt is a licensed Civil and Traffic engineer, and has 9 years of experience in managing and designing roadway and traffic signal improvement projects. Matt is currently managing the design and permitting services for the City on the Redwood Business Park Improvement Project, and is also the Traffic engineer for the Perkins Street and Orchard Avenue right turn lane and signal improvements project. GHD Inc.2235 Mercury Way Suite 150 Santa Rosa CA 95407 USA T 1 707 523 1010 F 1 707 527 8679 E santarosa@ghd,corn W www,ghd.com riiiiiiii/. // ,,,.. ,,. /� r •:, ,,,/iii,,, / `. ,. ,, , // // / / / / / / // /o _. % /iii ..,, i moo/ ii iii // /ii/ / i/ / / ii o /r// //r / / %/ ,/%/ / / / // moi/ ,,,,/%%/%/%, / /r/� ,, Page 2 Mr. Eriksen May 15, 2012 Bill Silva-will continue to serve as Project Principal and Quality Assurance/Quality Control Manager. Bill is a licensed Civil engineer with 18 years of extensive roadway, grading, utility and redevelopment design experience. Bill is the Project Principal for the Redwood Business Park Improvement Project. He has also served as the Project Principal for the Perkins Street and Orchard Avenue right turn lane and signal improvements project, and is completing the design of utility relocation, and widening at South State Street, in Ukiah,for McDOT. Emma Jones-will continue to serve as Project Engineer. Emma has experience on numerous projects performing the design of roadway geometrics, pavements,ADA ramps, signing and striping and related improvements. Emma is the Project Engineer for the City on the Redwood Business Park Improvement Project, and has recently performed utility relocation and widening design services at South State Street, in Ukiah,and also for the City of Santa Rosa. Matt Wargula-will perform traffic engineering on the project. Matt has previously completed the design of the new sewer trunk main in Airport Park Boulevard, and is very familiar with the project area. He is a licensed Civil Engineer with over 5 years of experience in traffic analysis, operations and design and will be responsible for the design of new and modified traffic signals. Frank Penry-will continue serve as Senior Traffic Engineer.Frank is a senior Civil and Traffic engineer with over 16 years of experience on a variety of traffic and civil engineering projects including planning, design, evaluation,construction, and operations. Frank's experience also includes the design of signal interconnect systems. Rau and Associates will be our key subconsultant for surveying and geotechnical services. We understand that the schedule is a critical element of this project, particularly with regard to the completion of the transportation improvements.We will prepare a detailed project schedule and provide it to you once we have reached agreement on the specific details and tasks in the scope of work. Successful completion of the project will require diligent efforts by all parties involved, including the City, Caltrans, GHD, and other stakeholders.We will make every effort to manage and execute our scope of work in a timely manner to meet the schedule milestones. It is our expectation that other agencies and stakeholders will also complete their tasks in a timely manner. Collectively,we will work together to successfully complete the project. klii11111101„„„111111111111111:1" , . Page 3 Mr. Eriksen May 15, 2012 We look forward to assisting you with this very important and time-sensitive project. Please don't hesitate to contact me if you have any questions. Sincerely, GHD 6 , „,,;;/ /7 /a .4,,,l't69- ":4? ,41 ' / Matt Kennedy, PE,TE Project Manager c: Rick Seanor, City of Ukiah Bill Silva, GHD Emma Jones, GHD Enclosures: Exhibit A: Scope of Work Exhibit B: Project Design Budget Exhibit A City of Ukiah V .S. 1411 Tatrag, Road Sou't ubtrnd Wntrch u ge VRoaii ii mmmeu t D resign ScIpe of W.irk General The City of Ukiah(City) proposes to construct the Talmage Southbound Interchange Realignment Project.This Agreement is for the provision of final design of improvements to complete the Talmage Southbound Interchange Realignment Project with State Highway Route 101 (Highway 101) in Ukiah, California (P.M. 23.45).The proposed improvements are reflected in the attached figure(DEIR). Said improvements are referred to hereinafter as the"Project". GHD Inc. (GHD)will provide engineering design, survey and hazardous materials services for the Project, as specified herein. In the performance of said services,the following are accepted as subconsultants to GHD: Rau and Associates ("Surveying Subconsultant"and"Geotechnical Subconsultant"),and all second-tier subconsultants to each named herein. Basic Services to be provided by GHD for the Project, for the compensation specified in Exhibit"B"to this Agreement, are as follows: Task Group 1 .0 - Project Management The following outlines GHD's approach to project management for this project.We will approach this project with particular attention to the following items so that over the course of the project we provide: • Quality performance; • Cost control and ability to complete the project within scope, and budget; • Critical path project schedule; • Responsiveness to City staff, Caltrans District 1, resource agencies and project requirements; • Coordination between GHD, City staff and Caltrans District 1; • Planning and coordination of overall efforts of GHD and subconsultant team iast 1.1 - II 'r ject Quality arice As part of our standard of care, GHD will perform Quality Control(QC)through the duration of the project and Quality Assurance(QA) reviews of project deliverables prior to submittal. Discipline specific reviews will made by senior staff, as applicable. Overall QA reviews for each submittal will be performed by our Project Principal, Mr. Bill Silva. The QA review effort will also include review of subconsultant documentation and submittals. Bill will serve as the QA/QC Manager. "Tas]k 1.2 - Project Manage eiirmt an Cork immatioul GHD has already begun the management and coordination efforts with the City, Caltrans District 1 and subconsultants for this project. Upon approval of this scope of work we will meet with City to review progress to date. This will be an information-gathering meeting to confirm project scope and objectives, identify action items and project critical paths, and to resolve any outstanding issues. GHD will also meet with the City at key project milestones to review the project progress, confirm major decisions and resolve outstanding issues. GHD I U.S. 101 Talmage Road Southbound Interchange Realignment Design Scope of Work I 1 Project Status Reporting Coordination and communication between GHD's team members and City staff will be managed by our Project Manager. In addition to regular contact with the City's Project Manager and lead staff two primary tools will also be employed, project status reporting and project meetings. GHD's Project Manager will maintain regular communication with the City's Project Manager and will be responsible for reporting to the City all progress and status for the GHD Project Team. In addition,written status reports will be provided with each monthly invoice.A Project Status Report will be developed that conforms to the items that City wants to have reported, but typically will include: • Items accomplished in the previous month • Anticipated activities for the next month • Budget status • Schedule status • Outstanding issues The monthly Project Status report format will be formatted so they can be easily used by City staff as part of their project staff report to the City Council and Redevelopment Agency. Task 1.3 — Initial Meeting wiiith City Following Caltrans District 1 ("Caltrans")acceptance of the Talmage Interchange design concept, an initial meeting will be held with City representatives to discuss the Project in detail, including project goals, schedules, design criteria, roles and responsibilities, and procedures for coordination regarding the engineering and environmental review process. Basic Services include attendance by GHD's representatives at one(1)initial meeting with the City. Task 1.4 Initial D'heetiorWg with Caltrans GHD's representatives and City representatives will meet in Eureka with Caltrans staff at an initial coordination meeting to discuss the Project,funding status, requirements including updated LPPs and other governing documents, schedule constraints, and assumptions upon which the current project definition and funding commitments are based. Caltrans standards which apply to the Project will be identified, including manuals, permit procedures,environmental requirements,funding requirements, limitations, etc. GHD will prepare a written summary of the initial coordination meeting with Caltrans. Copies will be forwarded to the City, Caltrans and each GHD team member. Basic Services include attendance by GHD's representatives at one(1) initial meeting with Caltrans. Task 1.5 .... Coordination Meetings with City Progress meetings will be held in Ukiah with City representatives as required to discuss the project, including progress to date, project issues, project goals, schedules,and coordination regarding the design and environmental review process. In addition to the other meetings specifically identified herein, Basic Services include attendance by GHD's representatives at up to three(3)coordination meetings with the City. Task Group 2.0 - Information Gathering and Review Taslk 2.1 - Collect Existing Docnmentati, n Available information pertaining to the Project, including related studies, reports, surveys, maps, plans for existing improvements,and utility information will be collected and reviewed. Information regarding existing utilities within the Project area will be sought from the City of Ukiah (water, sewer, storm drainage and power), Caltrans(storm drainage), PG&E(gas),AT&T(telecommunications), and ComCast(cable television). Task 2.2 — Record Existin Condition s Field observations of the Project site will be recorded with photographs and videotape of existing site conditions. Apparent unusual or special conditions potentially affecting the design or construction of the proposed improvements will be documented. One set of photographs and one copy of the video(DVD format)will be submitted to the City. Deliverables: • Photographs of Existing Field Conditions (1 copy on CD) • Video of Existing Field Conditions(1 DVD copy on CD) Task Group 3.0 - Surveying, Mapping, and Right-of-Way Surveying, mapping, and right-of-way services will involve the Southbound off-Ramp and Talmage Road, including the portion of the southbound ramp which now serves as access to Talmage Road, eastbound. Surveying Subconsultant will obtain an encroachment permit from Caltrans for performance of surveying activities within the Caltrans right-of-way, as required.The following surveying, mapping, and right-of-way services will be provided by GHD and Surveying Subconsultant, as indicated in individual subtasks. Task 3.1 — Data an%f Records Research Data and records research services will be performed to support Project design surveys, topographic mapping, location of boundaries, and production of the Record of Survey Map. Data and records research activities will include title analysis, reduction/calculation of record data, and boundary analysis. Task 3.2 - Fie". S _II limeys Field survey work will encompass the Project area(southbound off-ramps and Talmage Road west alignment). Roadway and interchange on-and off-ramp cross sections will be surveyed at 50-foot intervals.Cross sections will include the edge of paved shoulder on the westerly southbound lane of the US 101 Freeway, but not extend out into the traffic lanes. Boundary location ties along the roadways will also be performed. Field surveys will include unpaved interchange areas. Task 3.3 - Topograionic Dappim Topographic surveying and base mapping will be performed using a combination of aerial photogrammetry and field surveys performed in accordance with applicable Caltrans accuracy standards. Topographic base maps will be prepared for the southbound off-ramp and for Talmage Road west. Topographic mapping services will consist of the actual production of the base maps, based on compilation of data obtained from the aerial photography and from the field surveys.All topographic mapping will be prepared using imperial units. Mapping will be provided at a 1:20 scale with 1-foot contour intervals, per Caltrans Specifications. Taslk 3.4•.... lU eacor, Suomi y A Preliminary Record of Survey will be prepared and submitted to the Mendocino County Surveyor, encompassing all components of the Project(southbound off-ramp and Talmage Road).The preliminary map will remain on file during the course of project construction, and will be replaced with a final version within one year of project completion. Services to be performed include production of the map, plan check processing, and recordation of the map. Payment of the County's plan check and recordation fees are included in this task. Task Group 4.0 - Geotechnical and Hazardous Materials Services The following geotechnical services will be provided by Geotechnical Subconsultant. Task 4 1 — hermits and Private Lar downer Aiioprovais Encroachment permit(s) required to perform portions of fieldwork that will occur within the Caltrans on- and off-ramp corridors along U.S. 101 will be obtained by Geotechnical Subconsultant. The City will be responsible for payment of any encroachment permit fees. In addition, permission will be obtained from the necessary parties to conduct field investigations on properties where fieldwork will encroach onto properties that may require prior notification(s)and approval from the applicable landowners,the City of Ukiah and/or the County of Mendocino. Task 4.2 — Field VSxpil.uratikorn A geotechnical investigation will be conducted including 6 to 8 borings in State right-of-way using a drill rig(appropriately cleaned to collect environmental samples)to depths ranging from 6 to 8 feet within the identified Project area limits for roadway construction. Borings will be used to assess the properties of in- situ subgrade soils(R-value)and to evaluate the potential for adverse conditions such as soft soils or high groundwater. R-values will be used for pavement section design for on-and off-ramps and Talmage Road. In addition, one soil boring will be drilled up to approximately 25 feet in depth for the proposed southbound off-ramp design. This task also includes the geotechnical investigation for a retaining wall to facilitate widening of Talmage Road. It is assumed that the retaining wall will be in the range of 4 feet to 8 feet high and 80 feet to 140 feet±long. Field geotechnical investigations will include two borings to depths of 30 feet, laboratory testing, and a report section to the geotechnical report. The Geotechnical Subconsultant will log the borings and collect soil samples. Task 'T.3 - GeoteclmiIcal duratory Testi Laboratory tests will be performed on selected soil samples to evaluate pertinent physical, engineering properties and specified environmental constituents.Tests may include R-value, moisture content/dry unit weight, corrosion potential, maximum wet density of subgrade soils, unconfined compressive strength, unconfined/undrained triaxial, and Atterberg (Plasticity Index)limits. Substitute laboratory test may be performed depending on the conditions encountered during field exploration. The laboratory testing retaining wall borings will include one remolded shear test to aid in determining the active, at-rest, and passive pressures about the wall, one Atterberg Limits test to determine plasticity of soils, four moisture/density tests,four abbreviated hydrometer tests to determine percentage of silt and clay, and one gradation. Task 4.. — Hazardous Materials Sampling an. Laboratol y Testing An initial review of the State of California Mines and Geology map(Geologic Atlas of California-Ukiah Sheet, 1960)for the specific project area was conducted to identify past geologic records and assess the potential to encounter hazardous materials. Our review of these records indicates the project lies in recent alluvium and River terrace deposits.A separate review of the State of California GeoTracker database for environmental cleanup sites (leaking underground storage tanks)in the immediate vicinity of the project area identified one closed site within the project area,Triple S Tire Center and is located at 550 Talmage and was closed in 1993. Groundwater flow is to the east towards the Russian river located approximately'A-mile away. Based on the data base research, GHD will collect two(2)soil samples from the capillary zone from two geotechnical borings located along Talmage Road and down-gradient of the Triple S Tire Center site. Samples will be submitted to and analyzed by a State-certified laboratory for Total Petroleum Hydrocarbons calculated as gasoline and diesel by EPA Method 8015 modified and benzene, toluene, ethyl benzene and total xylenes(BTEX) by EPA Method 82606 and total lead by EPA Method 7421. Additional samples will be collected from different depth intervals in each geotechnical boring and retained for possible follow-up analyses, if necessary. GHD will be present during the drilling for the geotechnical investigation,field screening drill cuttings for other hazardous materials that may be present by observing any unusual discoloration in the soils, odors and by using a photoionization detector(PID). GHD will address Caltrans requirements through the collection of soil samples for aerial deposited lead in the State right-of-way along State Highway 101 and subsurface soils along Talmage Road west of State Highway 101.As required, soil sampling and analytical testing for total lead(aerial deposited)and pH will be performed along an approximate 2,000-foot section of the Caltrans right-of-way for the southbound on- and off-ramps and clover leaf area west of State Highway 101. In accordance with Caltrans guidelines, soil samples collected for lead and pH testing will be obtained from ten(10)locations along the proposed excavation and grading areas. Samples will be submitted to and analyzed by a State-certified laboratory for total lead concentration using EPA Test Method 7421. Four(4) of these soil samples will be analyzed for pH using EPA Test Method 9045A. The"not to exceed"amount specified in this Scope of Work includes allowances for total lead analysis for up to twelve(12)samples,four(4)pH analysis,two(2)TPH gasoline and diesel and BTEX analysis. If excavated materials generated by the Project are to be exported off-site for reuse or disposal,the total lead analytical results would need further evaluation in accordance with Caltrans guidelines for export off- site.Additional testing may also be required by other reuse or disposal entities prior to their acceptance at their facilities. It is unknown at this time how many soil samples may require Soluble Threshold Limit Concentration (STLC)testing to determine if the lead concentrations are hazardous and for disposal requirements.This additional evaluation and analytical testing for soils to be exported off-site is not included within this scope of services to be provided under this Agreement„ A brief letter report will be prepared summarizing the findings and results of the chemical analyses and recommendations made if additional testing is required. Deliverables: • Hazardous Materials Letter Report(3 hard copies, 1 electronic copy) Task 4.5 — Engineering Analysis and Repol Preparation Results of field exploration and laboratory tests, and chemical analysis will be used to determine geotechnical and environmental parameters for the planned construction elements of the Project. Recommendations for pavement section designs, highway exit sign foundation support, storm drain trench excavation stability and backfill, and site grading will be provided.A written report will be prepared under the direction of a Registered Civil and Geotechnical Engineer. A section will be included in the geotechnical report for the project to describe conditions encountered and provide design parameters for the wall, including maximum design bearing pressure, at-rest and active pressures, and passive pressure, as well as recommendations for subsurface and surface drainage around the wall. Deliverables: • Geotechnical Investigation and Materials Report(3 hard copies, 1 copy on CD) Tas]io4.6 — '1 Illan Creak A review of Project plans and specifications will be performed by Geotechnical Subconsultant for the 100%and Final submittals in order to confirm that the plans and specifications are in general conformance with the findings and recommendations relative to the geotechnical investigation. Task 4.7 — Me-tings Geotechnical Subconsultant's representatives will attend one(1)meeting in Ukiah with Caltrans to discuss geotechnical issues pertaining to Task Group 4.0. Task Group 5.0 - Project Initiation Documentation The PEER is part of the Encroachment Permit process, and is required for every action that has a permanent traffic impact and for work that affects the operating capability of a state highway facility.The primary purpose of the PEER is to document the engineering rationale for the encroachment permit. The PEER serves as the Project Initiation Document(PID), and its approval also serves as project approval. Task 5.1 - Prepare Permit Engin-^eurinn,, Evaluatii.urr Repnnrt GHD will prepare and submit a Permit Engineering Evaluation Report(PEER)for the project and submit to Caltrans as the City's Authorized Agent. PEER document will be prepared in accordance with the Caltrans Permit Engineering Evaluation Report booklet and guidelines to document the engineering analysis of the proposed project.The analysis includes review of the proposed improvements to determine drainage, maintenance, operation, and potential environmental impact on the State Highway System.The PEER document will identify and include requests for required design exceptions. Proposed improvements shall conform to Caltrans'current design standards and practices or be justified by an approved design exception. Deliverables: • Permit Engineering Evaluation Report(3 hard copies, 1 electronic copy on CD) Task 5.2 — Encroachment Permit GHD will prepare the encroachment permit application for this project and submit to Caltrans as the City's Authorized Agent. Deliverables: • Encroachment permit application and supporting documents(1 original hard copy, 1 electronic copy on CD) Task 5.3 — Ilfeetiu g with Caltrans GHD's representatives will meet with Caltrans representatives via conference call to discuss the PEER document, design exceptions, and encroachment permit application. Meeting notes will be prepared by GHD and forwarded to the City.The PEER document and encroachment permit application will be revised to address review comments received from the City and Caltrans, and will be resubmitted.. Task Group 6.0 - Geometric Approval (35% Design) Task 6.1 - Utility Cr r iiinatiolu Identified utilities, as shown on available record drawings, will be plotted and submitted to utility owners for verification of location, size, material, depth, and characteristics of each facility. High and low risk utilities will be identified in accordance with Caltrans policy on high and low risk underground facilities. Task 14.2 .-.- Geometric Apprsval and Concept Plans Layout, profile, and superelevation sheets will be prepared for the southbound on-and off-ramps and for Talmage Road. Design concept plans(35%)will be prepared for utilities,staged construction, construction signing, signing, pavement delineation, lighting, signal and electrical. Plans will be prepared in accordance with Caltrans Drafting and Plans Manual of Instructions and will display imperial units only. Task 6.3 - Quality Control Review An independent review of the geometric approval drawings and concept plans will be conducted by Qualified Technical Reviewers not otherwise associated with the Project. Task 6.4— Submit Geometric Alproval Drawings and Desiiigur Concepts Copies of geometric plans and design concept plans will be submitted to the City and Caltrans for review. Submittals • Geometric Approval documents(5 hard copy blueline sets, 1 copy on CD) Task 6.5 — Meeting with Calhrans GHD's representatives will attend one(1)meeting in Ukiah with City and Caltrans representatives to discuss project features and review highway geometrics and review work products. Meeting notes will be prepared by GHD and forwarded to the City. Task 6.11. .•• Address Czmruents an Re-Submit Geometrics and design concepts will be revised to address review comments received from the City and Caltrans,and will be resubmitted. Task Group 7.0 - Hydraulic Report Task 7.1 - Field Review an Documentation GHD will perform a field review to examine existing drainage patterns and other conditions pertaining to drainage. °'asap 7.2 — urepare lly raulic Report A Hydraulic Report will be prepared to address the impacts of improvements to local drainage patterns. The report will include runoff and capacity calculations for storm drainage inlets and effects of roadway improvements on local watersheds. Task 7...3 — »yality Cruintr.li Review An independent review of the Hydraulic Report will be conducted by Qualified Technical Reviewers not otherwise associated with the Project. Task 7.4— Submit Hydraulic Report GHD will submit the Hydraulic Report to the City and Caltrans for review and comment. Submittals: • Hydraulic Report(3 hard copies, 1 electronic copy on CD) "Task 7. — Revise and Re-Submit ll hydraulic Report The Hydraulic Report will be revised to address the comments received from the City and Caltrans and resubmit the report for approval. Submittals: • Revised Hydraulic Report(3 hard copies, 1 electronic copy on CD) Task Group 8.0 - 65% PS&E "Task .'I - Plans Project plans will be prepared to approximately 65% level of completion, including the following sheets: Title,Typical Cross Sections, Layouts, Profile and Superelevation, Construction Details, Drainage Layouts, Utilities,Traffic Handling Plan, Stage Construction, Construction Area Signs, Pavement Delineation, Sign Plan, Signal and Lighting,Traffic Signal Interconnect. Task 8.,2 — Special Provisions The first draft of the Special Provisions will be prepared in Caltrans format according to the Standard Specifications(May 2006), and current Caltrans Standard Special Provisions(SSPs). Lane closure charts will be submitted to Caltrans for comment and input. Task 8.3 — mf Probable Construction Cast An Engineer's Opinion of Probable Construction Cost(Estimate)will be prepared using quantities developed from the 65% Plans and Special Provisions and unit costs derived from historical contract cost data. The Estimate will be prepared according to the Caltrans Basic Engineering Estimating System (BEES). Task 8.4 — Quality Control Review An independent review of the 65% Plans, Special Provisions, and Estimate(PS&E)will be conducted by Qualified Technical Reviewers not otherwise associated with the Project. Review comments will be evaluated and applicable comments will be incorporated into the 65% PS&E documents.. Task 5 .••• Sub m m it 6S®/ PS S Plans, Special Provisions, and Estimate, prepared to the 65% level of completion,will be reproduced and submitted to the City and Caltrans for review and comment. Submittals: • 65% PS&E(10 hard copies of blueline plans, special provisions and estimate, 1 copy on CD) "Task 8.6 — Meeting wi?h Caltrans GHD will organize and attend one(1)meeting in Ukiah with Caltrans and the City to discuss the 65% PS&E documents. GHD will compile meeting notes and distribute copies to the City and Caltrans. Task Group 9.0 - 95% PS&E Task 9.1 - A.dress Review Comm ents Review comments received on the 65% PS&E from the City and Caltrans will be compiled.The PS&E will be revised to address the comments received, and a memorandum of comments received and responses thereto will be prepared. Copies of the responses to comments memorandum will be provided to the City and Caltrans with the 95% PS&E submittal. Task 9.2 — Plans an Speciiialll IPrcvisiions Project Plans and Special Provisions will be prepared to approximately 95% level of completion. Plans will include all sheets known to be required for the final plans. Special Provisions will include all sections identified for the Project at the time. Task 9.3 — Opinion of Probable Construction C•sw: The Estimate will be updated using revised quantities developed from the 95% Plans and Special Provisions and unit costs derived from historical contract cost data.The Estimate will be prepared according to Caltrans Basic Engineering Estimating System (BEES). Task °a. — Q�u alitry Control Review An independent review of the 95% PS&E will be conducted by Qualified Technical Reviewers not otherwise associated with the project. Review comments will be evaluated and applicable comments will be incorporated into the 95% PS&E documents. Taslhl 9.5 .••••• Suuu'•, mit 95% PS E Plans, Special Provisions, and Estimate, prepared to the 95% level of completion,will be reproduced and submitted to the City and Caltrans for review and comment. Deliverables: • 95% PS&E(10 hard copies of blueline plans, special provisions and estimate, 1 copy on CD) Task — etiiing with Caltrans GHD will organize and attend one(1)meeting in Ukiah with Caltrans and the City to discuss the 95% PS&E documents. GHD will compile meeting notes and distribute copies to the City and Caltrans. Task Group 10.0 - Final PS&E Submittal Tasllk 1 i.1 - Address IReviiew Cu°rr,u1,ents Review comments received on the 95% PS&E from the City and Caltrans will be compiled.The PS&E will be revised to address comments received, and a memorandum of comments received and responses thereto will be prepared. Copies of the responses to comments memorandum will be sent to the City and Caltrans with the Final PS&E submittal. Tas]i it�i,2 — Plans an4, Sipecial Pr•visk ns Final Project Plans and Special Provisions will be prepared. Task 10.3 — -pinion of Probable C Inst n Cost The Estimate will be updated using revised quantities developed from the Final Plans and Special Provisions and unit costs derived from historical contract cost data.The Estimate will be prepared according to Caltrans Basic Engineering Estimating System (BEES). 'Task 10.4- Quality Control Review An independent review of the Final PS&E will be conducted by Qualified TechnicalReviewers not otherwise associatewith the project. Review comments will be evaluated and applicable comments will be incorporated into the Final PS&E documents. TasUu 10.5 — Su,mit Final PS&E emits Final PS&E documents will be prepared for bidding and submitted to the City Deliverables: • Final PS&E(1 hard copy of original drawings signed and sealed on mylar, phSpecial Provisions signed and sealed, and 7 hard copies of blueline plans, special provisions and estimate, 1 copy on CD) Additional Services The following additional services are not included in the scope of services to be provided by GHD under this Agreement, but may be added to the scope of services to be provided by GHD, subject to mutual agreement regarding the scope, schedule and compensation to be paid for such additional services. 1. Attendance at meetings in excess of those enumerated herein as included in Basic Services. 2. Providing copies of deliverables in excess of the number of copies enumerated herein as included in Basic Services. 3. Services relating to changes in the horizontal or vertical geometrics of the northbound on-and off- ramps. 4. Services relating to changes in the horizontal alignment or typical cross section of Talmage Road east of and including the U.S. 101 overpass structure. S. Services relating to provisions for current or future ramp metering or California Highway Patrol pull out facilities. It is assumed that such provisions will not be required 6. Preparation of right-of-way documents. 7. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). 8. Formal submittal of survey data to Caltrans. It is assumed that such formal submittal will not be required. S. Preparation of a CEQA environmental compliance document. 10. Special environmental studies beyond those specifically identified herein as included in Basic Services. 11. Generation of new traffic models or modification of existing traffic models beyond those specifically identified herein as included in Basic Services. 12. Services related to the development of plans for the creation of an on-or off-site wetland replacement or mitigation plan/program or the processing of such plans for review and approval by the Army Corps of Engineers.The scope of such services is too speculative to determine at this time. 13. Resource agency permit applications and coordination. 14. Exploratory excavations to locate existing underground utilities(potholing). Should such excavations be required, excavation and backfill will be by others,with GHD providing surveying and observation services only. 15. Design of new utilities, upgrades or utility relocations,with the exception of storm drainage facilities,traffic signals, and signal interconnects. 16. Right-of-way services or documents relating to new, upgraded, or relocated utility facilities. 17. Plans, specifications and estimates for ornamental or mitigation landscaping. It is assumed that only standard Caltrans erosion control plantings will be required for the Project, and that any required mitigation landscaping will be determined at a later date if necessary. 18. Preparation of traffic signal staging plans. It is assumed that these will not be required. 19. Assistance to the City related to the acquisition of or increases in funding. 20. Bid phase services, including preparing notice to bid, attending pre-bid meeting, addenda, response to questions, and confirmed construction documents. 21. Construction-phase engineering services, including construction management, resident engineering, inspection, and preparation of Record Drawings. Exclusions The following services are excluded from the scope of services to be provided by GHD under this Agreement. 1. All work involved in preparing and obtaining cooperative agreements and approval of cooperative agreements. 2. Any services associated with the identification, handling, containment, abatement,disposal, or in any other respect related to asbestos or hazardous materials, except the specific services stated in this scope of services to under Task Group 4. Services to be Provided by City The City of Ukiah will: 1. Provide access rights to all portions of the Project site, as necessary for base mapping, design of the project, and all associated investigations, including but not limited to hazardous materials surveys associated with the Project. 2. Furnish to GHD for use on this project copies of all available previous studies, reports, ordinances, surveys, drawings, existing maps, and utility information applicable to the Project. 3. GHD shall be entitled to rely upon the accuracy of data and information provided by the City or others without independent review or evaluation. 4. Review and provide comments on submittals provided by GHD. 5. Except as specifically stated otherwise herein, act as Applicant and pay all fees: a. For all required permits, and b. Associated with surveying and mapping activities. 6. Provide for use by GHD current Preliminary Title Reports for all affected properties. 7. Pay all fees, except as specifically stated herein to be included in Basic Services. 8. Provide all required right-of-way appraisal and acquisition services. 9. Prepare and issue all required Notices to Relocate existing utility facilities. Said services are not included within the Scope of Services to be provided by GHD under this Agreement. Assumptions This Scope of Services relies upon certain mutual assumptions, based upon the information available at the time of execution of the Agreement. Should these assumptions subsequently be found changed or otherwise invalid, the terms of this Agreement, including the scope, schedule, and terms of compensation, shall be modified accordingly by mutual Agreement.The following mutual assumptions are essential elements of this Agreement: • Deliverables will be subject to review by the City of Ukiah and Caltrans, and except as otherwise stated herein,will be prepared in accordance with the applicable requirements of each in effect at the time of execution of this Agreement. • Due to the magnitude and nature of the Project, the number of agencies with approval authority over the Project,and the length of time necessarily required to accomplish the Project in accordance with the Caltrans project development process and other regulatory requirements applicable to the Project, it is anticipated that significant changes to the Project or its approval process may occur during the life of the Project, necessitating corresponding changes in the services required to accomplish the Project. Changes to the Project may result from changes in policy by governing or reviewing agencies, in response to public comments, and other causes which cannot reasonably be foreseen at this time. Changes to the approval process or requirements may result from new or revised legislation by a number of governing bodies, or new or revised regulations promulgated by a number or regulatory agencies. It is recognized that should significant changes to the Project or its approval process occur which could not have been foreseen at the time of execution of this Agreement,the scope, schedule, and/or compensation for services to be provided under this Agreement shall be modified accordingly. • Utility facilities and utility easements will be accurately located and marked in the field by the respective utility owners prior to commencement of geotechnical explorations. • It is assumed that the soils encountered in the borings for the retaining wall on Talmage Road will not have significant depths of strata subject to liquefaction. If weak soils are encountered(i.e., standard blow count lower than 7 blows per foot)for any significant depth, additional work may be necessary to determine the effect of seismic forces on the wall and/or fill, as it may cause lurching,seismic consolidation, or liquefaction with resultant differential settlement. • The retaining wall design on Talmage Road will require Caltrans design approval. • The retaining wall on Talmage Road will be constructed of standard Caltrans-style cast-in-place concrete and will not require aesthetic fascia. Preliminari Final Project Plans will consist of approximately 59 plan sheets, substantially as follows: Sheet Drawing Sheet Name No. No. 1 T-1Title Sheet __ 2 CSCM-1 Construction Survey Control Map 3 -1 Typical Cross Sections 1 4 X-2 Typical Cross Sections 2 5 X-3 Typical Cross Sections 3 6 X-4 Typical Cross Sections 4 7 L-1 Layout 1 8 1,2 Layout 2 9 L-3 Layout 3 10 1,4 Layout 4 11 PS-1 Profile and Superelevation Diagram 1 12 PS-2 Profile and Superelevation Diagram 2 13 PS-3 Profile and Superelevation Diagram 3 14 PS-4 Profile and Superelevation Diagram 4 15 C-1 Construction Details 1 16 C-2 Construction Details 2 17 C-3 ConstructionDetails 3 18 C-4 Construction Details 4 19 C-5 Construction Details 5 20 C-6 Construction Details 21 C-7 Construction'Details Sheet 'Drawing ...�...w.Sheet Name .w.a�aa.�w.w.w.w.w.w...w.w.ww.,��.w.w.w.w.w.w.�.w.w.�aw.�.w.w�w.w.w.w.wµ�..w.w.w......�..._.m_Pm.P.�m_.�...���m_Pmm..�..m_Pm_.��mm,__P.,__"___�.�..�.�..........-e........w...w. No. No. .. .. �.... .. .......... . . .. .........-... ...... ........ -._..�...�._a.-........_..........................-. .�........._.....................�...��w�wdwdwdwddddddwdtia..........�d...�d�ti�.dd.�..dw.....-.._. 22 C-8 Construction Details 8 23 WPC-1 Temporary Water Pollution Control Plan 1 24 WPC-2 Temporary Water Pollution Control Plan 2 25 WPC-3 Temporary Water Pollution Control Plan 3 26 WPC-4 Temporary Water Pollution Control Plan 4 27 WPCD-1 Temporary Water Pollution Control Details 1 28 WPCD-2 Temporary Water Pollution Control Details 2 29 G-1 Contour Grading and Drainage Plan'I 30 G-2 Contour Grading and Drainage Plan 2 31 G-3 Contour Grading and Drainage Plan 3 32 G-4 Contour Grading and Drainage Plan 4 33 U-1 Utility Plan 1 34 U-2 Utility Plan 2 35 CS-1 Construction Area Signs 36 TH-1 Traffic Handling Plan 1 37 TH-2 Traffic Handling Plan 2 38 TH-3 Traffic Handling Plan 3 39 PD-1 Pavement Delineation Plan 1 40 PD-2 Pavement Delineation Plan 2 41 PD-3 Pavement Delineation Plan 3 42 PD-4 Pavement Delineation Plan 4 43 PD-5 Pavement Delineation Plan 5 44 PD-6 Pavement Delineation Plan 6 Sheet Drawing Sheet Name No. No. 45 S-1 Sign Plan 1 46 S-2 Sign Plan 2 47 5-3 Sign Plan 3 48 S-4 Sign Plan 4 49 S-5 Sign Details and Quantities 50 S-6 Sign Quantities 51 Q-1 Summary of Quantities 52 E-1 Lighting, Sign Illumination, Signals 1 53 E-2 Lighting and Sign Illumination 1 54 E-3 Lighting and Sign Illumination 2 55 E-4 Signals and Lighting 1 56 E-5 Signals and Lighting 2 57 E-6 Signals and Lighting (Conductor, Equipment and Pole Schedules) 1 58 E-7 Signals and Lighting (Conductor, Equipment and Pole Schedules)2 59„� E-13 Electrical Details(Service Equipment and Typical Wiring Diagram Type III-A Series) at * E & 8 8 ..1 P liii i liiiiiii 4 13- 17i. 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NCOA on on I ..2- 2 " , § CO 8 N0 V IP C0 01 & .0 2" 2 . 5 en 2 3' 8 . ..., A A (C : 6 1 >. W X k- X •.• O < W X g g 0 W W Q i'a W q a 2 2 - , ‹ , ‹ , E el 1 i 0 et (1'eh . , o 2 o 0 2 o 0 a 2 k- i R B tee' ge 3 g u, o g E 2g . ,- (1)05 . m g..tm m 6 1".8 ilni "I aWful 4 R -,,...,_, 8 , , 6acga c Ilsgg. 1... 1,1 ut). u• ° .8 2 . tEaM ' ulagt- b 5 2 ' E . e 060-op1u30, 6-0101 t M 2 v20 3 mmF e i grI;Ng'; i .,,- R°9° G. P 0 1111 V% 1 I . ,. ITEM NO.: 13a June 6, 2012 MEETING DATE: . .. ........_. City of Ukiak. AGENDA SUMMARY REPORT SUBJECT: AIRPORT TENANT IMPROVEMENT PROGRAM GUIDELINES Background: The Airport leases many different types of buildings and structures that are used to store many different types of aircraft. Most of the buildings and structures are several decades old. Discussion: Many tenants would like to make improvements to their leased space that will extend the life of the structures and make them more suitable for tenants' needs. The use of these guidelines will make it simpler for tenants to start these improvements. The guidelines allow for the tenants to receive partial rental credits for improvements that have been approved and agreed upon before any work begins. Due to Airport budget constraints, staff will consider current building and pavement maintenance expenditures for the year to determine the amount of rental credit available. The guidelines have been developed by the Airport Manager in consultation with the Airport Commission and have been forwarded for Council action after being recommended by the Commission. These guidelines were developed to provide a process for the many tenants asking permission to make modification and/or improvements to City owned hangars. Budgeted FY p 011/12 New Appropriation X Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and#) Account Number Addtl. Appropriation Requested Recommended Action(s): Approve Tenant Improvement Guidelines Alternative ................................... M.M..__.........................._.. aMM..,.,_ . .... .............._.. ._. ...... .._ ,ee.._. Alternative Council Options) Provide Staff with other direction. ...m .......w. ...._._ �.. .a.. ........m............... ........_... a.....a.. .aa....,m _._._.__.m a.a_.a.e........ Citizens advised: Airport Commission Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager Attachments: Tenant I ;;4 evement Guidelines _..Approved: ... ......._ _e..e eeeew.... _�....... . . A proved:" la,-: Chambers, City Manager UKIAH REGIONAL ATTACHMENT 1 AIRPORT UKIAH REGIONAL AIRPORT TENANT IMPROVEMENT GUIDELINE Purpose of this Guideline This Tenant Improvement guideline is to aid in the approval, permitting, and construction processes for Ukiah Regional Airport Tenant Improvement Projects. This guideline contains review and approval requirements for Tenant construction at the Airport. The purpose is to establish a common process for the benefit of all Tenants as well as protect the Airport's Infrastructure. "Tenant Improvement"Defined As defined by the City of Ukiah Airport and as used in this guideline, the terms "Tenant Improvement" and "Tenant Improvement Project" mean: any construction, remodeling, addition, new building, build-out of shell space, deletion or addition of communication lines and/or conduit (e.g. telephone lines, fiber, wireless applications, and data circuits, any utilities including but not limited to water, gas, electrical, HVAC,) signage, parking, landscaping, etc., performed by or for any tenant occupying space within the Airport boundaries. Tenant Improvement for Rental Credit The tenant may request rental credits for any improvements for type 1, type 2, and type 3 improvements. These rental credits must be agreed upon before improvements begin. Dollar for dollar rental credits will typically not be approved. Any improvements must be left in place when lessee or lessor terminates lease for any reason. Rental credits due at the time of termination of lease will not be returned or prorated. Not all requests for rental credits will be approved due to airport budget constraints. Any rental credit request over$5,000 must be recommend by Airport Commission and approved by Council. Rental credits will be applied to month rent. UKIAH REGIONAL AIRPORT Project Guidelines The following is a summary of the Tenant Review Process: Type 1: Type 1 projects are those that require a submittal for permitting by Planning and Building Department (PBD) and Airport. Type 1 projects include, but are not limited to, new buildings, extensive remodel of existing buildings, additions to existing buildings, build-out of shell space, extensive site work, and others. The necessity of obtaining permits from other departments will be determined on a case-by-case basis and may not require a full Type 1 process, or may utilize a Type 2 process. Please contact the Airport Manager for additional information. Type 1 projects require a concept submittal to Airport for review and approval, a construction document submittal to Airport for review and approval, and a contract document submittal for permitting to PBD and Fire, and/or Airport. Type 1 projects may also require airspace review/approval by FAA. Type 2: Type 2 projects are very simple in nature and do not require a submittal for permitting by PBD and Fire. These projects may only require Airport Manager approval and/or coordination. They include, but are not limited to adding rain gutters to hangar, sealing around the bottom of hangar, sealing or painting hangar floors. The concept submittal and contract document submittal may be incorporated into one submittal and can normally be delineated with a line diagram or a simple sketch. Type 2 projects are usually approved more quickly than Type 1 projects because there are fewer steps to the approval process. Type 3: Type 3 projects may become type 2 projects after initial approval by Airport Commission. These projects would include painting exterior of hangar and other cosmetic change to the appearance of hangar. Type 3 project would also include request for rental credits over$1000. UKIAH REGIONAL AIRPORT UKIAH REGIONAL AIRPORT IMPROVEMENT PROJECT REQUEST Project Title: Project Description: Who will be performing the work: Project Type: Circle one: Type 1, Type 2, Type 3 and Unknown Project Schedule: Rental Credit Request: Project Cost Rental Credit Requested Tenant Signature: Date: Staff use only Project: Approved / Denied Amendments/Conditions of Approval Airport Commission Review Rental Credit Approved / Denied Amount ITEM NO.: 13b MEETING DATE: June 6, 2012 City of Ukiah AGENDA SUMMARY REPORT _..sees ._ . see ..... . ............... _�.........m . _� �����.. .. ..u. . �.�.�.... _____... ........m.. �r.���...............................................�.a.�_______.__..� SUBJECT: A Resolution Of The City Council Of The City Of Ukiah, California, Calling For The Holding Of A General Municipal Election November 6, 2012, For The Election Of City Council Candidates, City Treasurer, And Any Ballot Measures; To Consolidate Said Election With The Statewide General Election Held On The Same Date Pursuant To Elections Code §10403; And Requesting The Board Of Supervisors Of The County Of Mendocino To Request The County Clerk To Conduct The Municipal Election Of The City Of Ukiah On Tuesday, November 6, 2012 Pursuant to Elections Code 10002............................._.._.. Background: The City of Ukiah historically has consolidated its elections with Mendocino County. Attached for Council's adoption is a proposed Resolution calling an election on November 6, 2012, consolidating the election with the Statewide General Election, and contracting with the County of Mendocino for election services. The election is necessary to fill the vacancies created by the expiration of two Council terms (Rodin and Crane); expiration of City Treasurer term (Carter) if ballot Measure D fails at the June 5, 2012 election; as well as any ballot measures. The estimated cost for providing these election services is $20,000 and will be budgeted accordingly in the Fiscal Year 2012-2013 Elections budget. Discussion: Fiscal Impact: x Budgeted FY 12/13 New Appropriation Not Applicable �.. .... Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $20,000 Contractual Services 100-1105-250-000 Recommended Action (s): Adoptthe Resolution calling for the holding of a General Election November 6, 2012; to consolidate said Election with the Statewide General Election pursuant to Election Code § 10403; and requesting the Board of Supervisors of the County of Mendocino to Request the County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday, November 6, 2012. Alternative Council Option(s): Choosewith the County not toconsoldate the electionn tof Mendocino and direct the City Clerk to conduct the election. ......w... ,see _ ____ _ _.e..._.e ..._a... ......e....____ ....�.... .._.._..�.................. .... ........_ Citizens advised: N/A Requested by: N/A Prepared by: JoAnne Currie, City Clerk Coordinated with: Jane Chambers, City Manager and Mendocino County Clerk's Office Attachments: Resolution Approved: s4.� Ja - Chambers, City Manager RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION NOVEMBER 6, 2012, FOR THE ELECTION OF CITY COUNCIL CANDIDATES,CITY TREASURER,AND ANY BALLOT MEASURES; TO CONSOLIDATE SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION HELD ON THE SAME DATE PURSUANT TO ELECTIONS CODE §10403; AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MENDOCINO TO REQUEST THE COUNTY CLERK TO CONDUCT THE MUNICIPAL ELECTION OF THE CITY OF UKIAH ON TUESDAY, NOVEMBER 6, 2012 PURSUANT TO ELECTIONS CODE §10002. WHEREAS, 1. The City Council of the City of Ukiah called a Municipal Election to be held on Tuesday, November 6, 2012; and 2. Elections Code § 10403 authorizes the City Council of the City of Ukiah ("City")to request the Mendocino County Board of Supervisors to consolidate a municipal election with the statewide election scheduled for November 6, 2012; and 3. Elections Code§ 10002 authorizes the Clerk of the County of Mendocino to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the County Clerk to render the services, subject to requirements set forth in that section; and 4. The City of Ukiah election shall consist of the following election candidates, two (2) City Council positions, City Treasurer if Measure D fails in the June 5, 2012 election, any ballot measures, and all other required election matters. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above cited provisions, the Board of Supervisors of the County of Mendocino is hereby requested to permit the County Clerk to perform and render all services and proceedings incidental to and connected with the conduct of the November 6,2012 Municipal Election of the City of Ukiah with the cooperation and assistance of the City Clerk of the City of Ukiah, such services to include, but not limited to the following: a. Establish precinct boundaries to coincide with Statewide Election; b. Designate polling places and appoint election officers; c. Notify election officers of their appointment and instruct inspectors concerning their duties; d. Appoint and pay election officers; e. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up voting booths; f. Publish lists of precincts, election officers, polling places and hours polls will be open; g. Verify signatures appearing on candidates' nomination papers; h. Provide sample ballots to each voter; i. Receive absent voter applications,accept absent voter ballot returns, retain custody of absent voter ballot, and count absent voter ballots; and j. Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council. Page 1 of 2 BE IT FURTHER RESOLVED, the City Clerk shall be responsible for: a. All functions of the City Clerk relative to arguments concerning City measures as set forth in Elections Code § 9200, et seq., including filing and accepting notices required b. Publication of Notice of Election. c. Publication of Candidates as required by law. d. Distribution and receipt of nomination papers. e. Receipt of Candidates Statement and printing deposit. f. Receive campaign statements and disclosure statements as required by law. BE IT FURTHER RESOLVED, In consideration of the services rendered by the County Clerk and described herein,the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment, and paymentfor services due shall be made after billing is submitted by the County of Mendocino. THE FOREGOING RESOLUTION WAS ADOPTED at a regular meeting of the Ukiah City Council held on the 6th day June 2012, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: Mary Anne Landis, Mayor ATTEST: Linda Brown, City Clerk Page 2 of 2 * ' ITEM NO.: 14a -� City of Ukiah MEETING DATE: ._.. .une 6°2. .„u2.,,,.,w.............0 _,.Hw SUCCESSOR AGENCY TO THE UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: ..._...Consider And Discuss The State OfC....._.ifornia...,w. Finance'spartment....Of... ...(. .,,.., Of California Department Of (DOF)Approval Of Recognized Obligation Payment Schedule For The Periods January—June 2012 And July—December 2012 And Provide Direction To Staff. Receive Report From Staff Regarding Litigation Filed And Proposed By Other Successor Agencies And Interested Parties. Discussion: Under AB X1 26, the DOF was provided the opportunity to disallow obligations approved by the Successor Agency and the Oversight Board on the Recognized Obligation Payment Schedule (ROPS). As has been previously reported, the DOF has asked for additional information and supporting documents for items listed on the ROPS. Successor Agency staff has provided supporting documentation for each item requested, by providing contracts, citing legislation as the basis for why these items were included on the ROPS. DOF staff sent an email to the City, as Successor Agency identifying the items recommended for approval for funding from property tax for the period July— December 2012. This recommendation was submitted for management review within DOF and official approval letters were issued on Friday, May 25th. DOF restated their continued right to review and question all items on future ROPS. The Successor Agency has respond back to DOF that it also reserves its right to add excluded items to a future ROPS and disputes the DOF conclusion that some of the excluded items do not qualify as enforceable obligations. The amounts denied for January-June 2012 include $15,000 identified for costs of maintaining assets until disposition is complete; $699,535 identified as costs related to the continued remediation on the railroad depot property to prepare the property for sale to the State for the new courthouse project; $24,934 for legal services of the City Attorney; $26,444 for legal services of the redevelopment attorney; $23,864 for fiscal analysis and advisory services; and $2,050,000 for infrastructure construction for the Redwood Business Park. The amount approved is $5,136,771 (Attachment#1). The amounts denied for July-December 2012 include $1,070,788 identified as costs related to the continued remediation on the railroad depot property to prepare it for sale to the State for the new courthouse project; $1,100,000 to correct an admitted clerical error in calculating the upcoming bond payment; $117,600 for project management of projects planned to be funded from the bond proceeds Continued on Page 2 Recommended Action(s): Receive report from staff and provide direction for future actions . tionns or updates to Council/Successor Agency, Alternative Council Options Citizens advised: N/A Requested by: City Manager Prepared by: Sage Sangiacomo, Assistant City Manager, Gordon Elton, Finance Director, and Guy Mills, Project and Grant Administrator Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: 1. Approved RPTTF schedules 6//j/ Approved: —_ . �_.. JrS hambers, City Manager Subject: Legal Counsel for the Oversight Board Meeting Date: May 16, 2012 Page 2 of 2 (railroad depot/Courthouse; Costco/Redwood Business Park; Downtown Improvements); $17,400 for management of the NCRA option agreement; $2,644,950 for infrastructure construction to improve traffic, drainage, and utility services for the build-out of the Redwood Business Park. The amount approved is $1,792,766. (Attachment#1) The impact of these recommendations is elimination of funding for completion of the railroad depot remediation and for infrastructure improvements at the Redwood Business Park. The May 25th letter from DOF confirmed the staff recommendations as listed above with no changes. While extensive discussion has taken place around the State about the potential legal action, two lawsuits were actually filled in Sacramento Superior Court on Tuesday, May 22"d. One suit was filed by a private developer challenging a decision by the Department of Finance (DOE)to reject as an Enforceable Obligation on ROPS payments from the Redevelopment Property Tax Trust Fund to a private developer required by a development agreement with the developer. The other suit has been filed by several cities against the DOF and several county auditor controllers challenging various actions taken by the DOF as being unauthorized by or contrary to the provisions of AB X1 26. Both suits seek a temporary restraining order(TRO) and a preliminary injunction to prevent the DOF from taking these actions and to prevent the auditor controllers from disbursing funds to taxing entities on June 1, which the cities contend should be paid to their successor agencies. Hearings on the TROs are scheduled for the week of May 28. The City Attorney should have additional information to report at the City Council meeting. Fiscal Impact: Budgeted FY New Not Applicable X Amendment/Reallocation 11/12 & 12/13 I Appropriation Required Amount Budgeted Source of Funds Addit. Appropriation Requested $250,000 per year Tax Increment (Administrative Allowance) $0 ATTACHMENT / January through June 2012 ROPS RPTTF requested RPTTF Funding $ 4,919,508 Admin Costs from RPTTF Funding 250,000 Pass Thru Payments 2,807,040 7,976,548 Less: RPTTF denied items Page Line 1 2 15,000 1 3 699,535 1 8 - 1 9 24,934 1 10 26,444 1 11 23,864 .1 14 2,050,000 2,839,777 RPTTF amount approved by Finance $ 5,136,771 i July through December.2012 ROPS RPTTF requested RPTTF Funding $ 6,618,504 Admin Costs from RPTTF Funding 125,000 Pass Thru Payments - 6,743,504 Less: RPTTF denied items Page Line 1 3 1,070,788 1 4 1,100,000 1 12 117,600 1 13 17,400 1 14 2,644,950 4,950,738 RPTTF amount approved by Finance $ 1,792,766