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HomeMy WebLinkAbout2013-01-16 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 16, 2013 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. MCOG Blueprint Project (AKA Vision Mendocino 2030) 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Minutes of 12/17/12 b. Regular Minutes of 12/19/12 c. Special Minutes of 01/08/13 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report of Disbursements for the Month of December 2012 b. Adoption of Resolution Approving City of Ukiah Qualified Contractors List for 2013 c. Approval of Notice of Completion for Overhaul of Two Turbine Shut-Off Valves Project, Specification No. 12-07 and Approval of Final Retention Payment to Site Constructors, Inc. (EUD) d. Approve Amending Accountemps Contract for Temporary Staffing Services Provided to the Finance Department e. Authorize City Manager to Negotiate and Execute Use Agreement for Baseball Activities at Anton Stadium f. Authorize City Manager to Sign Faa Grant Application for $75,000 Airport Layout Plan Update 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 a. Discussion of Tentative 1/29 Strategic Plan Meeting 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 12. UNFINISHED BUSINESS a. Review and Update the City of Ukiah Investment Policy 13. NEW BUSINESS a. Approval of Resolution Establishing Service Authority for Abandoned Vehicle Abatement and Authorization to Enter Into a Joint Powers Agreement with Mendocino County and Other Participating Agencies Pursuant to the Provisions of 9250.7 and 22710 of the California Vehicle Code b. Extension of City Manager Contract and Compensation Cost Reductions c. Discussion and Possible Action Regarding Council Board, Committee, and Commission Appointments d. Consideration of Letter of Support for Congressman Mike Thompson’s Appointment to Gun Violence Prevention Task Force 14. 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 Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head Units e. Conference with Real Property Negotiators (§54956.8) Property: APN 001-130-20 & 001-171-01 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Robert L. and Mary E Snyder Trust; Joe and Diane Mayfield Under Negotiation: Price & Terms f. Conference with Legal Counsel– Existing Litigation Gov't Code 54956.9(a) Name of case: County of Mendocino vs. Solid Waste Systems Inc., Case #1159459 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations o r interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not le ss than 72 hours prior to the meeting set forth on this agenda. Dated this 10th day of January, 2013. Kristine Lawler, City Clerk To help protect your privacy, PowerPoint has blocked automatic download of this picture. January 2013 PROJECT OVERVIEW Vision Mendocino 2030 will be a long-range, community-driven vision to sustainably manage growth in Mendocino County through the year 2030. This vision will integrate land use policy and transportation policy – where you live, work, and play and how you get around Mendocino County. It is different from the County General Plan and other City General Plans. It will include and integrate planning for both incorporated and unincorporated areas in Mendocino County. It will help identify funding priorities for planning efforts. Vision Mendocino 2030 is part of the Statewide regional blueprint planning program and is funded by the California Department of Transportation (Caltrans). The goal of Vision Mendocino 2030 is to create a vision for Mendocino County for the next twenty years that: Accommodates change and anticipated growth in the County in a sustainable manner Supports improved mobility, and increases transportation options Provides for an adequate supply of housing for all income levels Reduces impacts to critical wildlife habitat, fertile agricultural land, and air quality Encourages efficient use of resources, including water, energy, and materials Supports a healthy economy Results in healthy, safe, and vibrant neighborhoods PROJECT OVERVIEW Phase 1: Existing Conditions Gathered existing conditions data and create GIS maps and models PROJECT PROCESS Phase II: Vision and Values Formed Steering Committee Held community workshops to identify goals, values, and priorities Developed a Final Report PROJECT PROCESS Phase III: Scenario Planning Draft Alternative Growth Scenarios Community Workshops to Identify Preferred Growth Scenario Refinement of Preferred Growth Scenario Final Blueprint Plan Phase IV: Implementation of the Preferred Scenario Develop Policies and Tools to Implement the Plan PROJECT PROCESS TOP PRIORITIES Provide more or better jobs Enhance the local food system and promote sustainability Improve alternative transportation (transit, pedestrian, bike, and equestrian) Improve housing supply, choices, and affordability Improve water quality and encourage water conservation Five top priorities were used to develop Alternative Growth Scenarios GROWTH SCENARIOS Five alternative growth scenarios based on community input: Business As Usual Localized Growth Concept Infill Growth Concept Sustainable, Local-Resource-Based Economy Growth Water Infrastructure Capacity A growth modeling tool to forecast where growth may occur in the future Land Use Based Modeling according to characteristics that can be modified & weighted according to the goals of each scenario Attract, Discourage, Mask or Exclude All scenarios assume the same amount of population growth (about ½ % growth per year) 88,001 in 2010 98,212 in 2030 All scenarios (except Business as Usual) assume the zoning changes proposed for the Mill Site in Fort Bragg UPLAN REGIONAL GROWTH MODELING No changes to existing land uses Represent growth under Cities’ and County’s General Plans Represent existing policies and trends Highlights: Challenges to meet infrastructure demands, including transportation and utilities BUSINESS AS USUAL In this scenario, development would prioritize the availability and need for food and economic resources within a community so that communities can rely less on outside areas. Growth would focus on a sustainable mix of uses to ensure communities have necessary local goods and services, jobs, and local agriculture. Highlights: Locates more jobs and high and medium density housing within existing cities and communities Encourages development near food sources (e.g. farmlands) but protects prime farmland, farmland of statewide importance, and unique farmland from development LOCALIZED GROWTH CONCEPT In this scenario, development would occur primarily in existing community and town centers. Highlights: Encourages local transportation improvements Attracts development near bike and bus routes Promotes more affordable housing Helps to preserve active agricultural land Requires water infrastructure investment INFILL GROWTH CONCEPT Focus on jobs in the restoration economy, including jobs related to sustainable harvesting of timber and fisheries, value-added products, sustainable energy production, and eco-tourism. Growth is focused on communities with significant access to natural resources. This scenario is simulating a return to an economy that previously existed in Mendocino County. Highlights: Focuses development along corridors where natural- resource-based jobs have increasingly developed Encourages development near natural resources (e.g. fisheries and agricultural and timber lands) but protects resource lands from development SUSTAINABLE, LOCAL-RESOURCE-BASED ECONOMY GROWTH Prioritize development in areas that have the availability and capacity of water infrastructure for development. Highlights: Many Cities and Communities in the county have little or no water capacity Focusing on water availability, does not take into consideration other infrastructure costs (i.e. roads, sewer, communications) Discourages development in moratorium areas (Several water districts have a moratorium on new connections). WATER INFRASTRUCTURE CAPACITY Impacts to Resource Lands The number of acres of resource lands converted to residential use. Resource lands include: Timber Production Zones, Timber Zoning, Agriculture Zoning, Prime Farmland, Farmland of Statewide Importance, and Unique Farmland City and Community Development The number of new households developed in an existing city or community PERFORMANCE MEASURES Performance Measures were created based upon the top priorities identified by the community during the visioning process were identified by the community Impacts to Water Districts The number of new households developed in a water district with no or low water capacity. Proximity to Local Food Source The number of new households developed near a local food source (within 2 miles). Multi-Modal Transportation The number of new households developed within ¼ mile of bike routes, or bus routes, or a pedestrian destination (school or commercial land use). PERFORMANCE MEASURES Survey is available on Project Website http://www.visionmendocino2030.org/ Participants are walked through performance measures and asked to: 1.Rank the performance measures 2.Rank the growth scenarios PREFERRED SCENARIO EXERCISE City Council/Board of Supervisor Presentations – Early 2013 Identification of Preferred Scenario Steering Committee Meeting MCOG Board Presentation Workshop Series #4 NEXT STEPS FOR MORE INFORMATION Contact: Nephele Barrett, Senior Planner MCOG 367 N. State Street, Suite 206 Ukiah, CA 95482 (707) 463-1859 barrettn@dow-associates.com January 2013 5a CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 17, 2012 5:30 p.m. 1. ROLL CALL Ukiah City Council met at a Special Meeting on December 17, 2012, which was legally noticed on December 13, 2012. Mayor Landis called the meeting to order at 5:36 p.m. Roll was taken with the following Councilmembers present: Benj Thomas, Mari Rodin, Phil Baldwin, Vice Mayor Douglas F. Crane, and Mayor Mary Anne Landis. Staff Present: City Manager, Jane Chambers; City Attorney, David Rapport; and City Clerk, Kristine Lawler. 2. PUBLIC COMMENT None given. 3. CLOSED SESSION a. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head Units No reportable action. 4. ADJOURNMENT There being no further business, the meeting adjourned at 6:40 p.m. ________________________________ Kristine Lawler, City Clerk 5b Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 19, 2012 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on December 19, 2012, the notice for which being legally noticed on December 13, 2012. Mayor Landis called the meeting to order at 6:04 p.m. Roll was taken with the following Councilmembers Present: Benj Thomas, Mari Rodin, Phil Baldwin, Vice Mayor Douglas F. Crane, Mayor Mary Anne Landis. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; Sage Sangiacomo, Assistant City Manager; Tim Eriksen, Public Works Director and City Engineer; Linda Brown, Executive Assistant; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Oaths of Office/Outgoing Mayor Presentation and Dais Seating Changes Mayor -elect Crane and Councilmember Rodin took the Oath of Office. Mayor Crane presented outgoing Mayor Landis with a plaque to acknowledge her service. Mayor Crane assumed the gavel and presided over the meeting. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of December 5, 2012. M/S Baldwin/Thomas to approve Minutes of December 5, 2012, as submitted. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS - Continued b. Presentation on the State Street Corridor Improvement Project Status – Specifically Regarding Funding and Schedule. Tim Eriksen, Public Works Director, gave a short PowerPoint presentation and answered questions from the Council. Public Comment: Cynthia Ariosta, Saucy Owner; Zack Schat, Schat’s Bakery Owner; and Eladia Laines. CITY COUNCIL MINUTES - DECEMBER 19, 2012, Continued 5b Page 2 of 5 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for Month of November 2012. b. Report to Council Contracts for Temporary Staffing Services for Finance Department. Pulled for discussion by Councilmember Baldwin and moved to Item No. 13b. c. Approve Assignment to Ukiah Waste Solutions, Inc. of Contract with Total Waste Systems, Inc., for Biosolids Removal from Waste Water Treatment Plant. d. Authorization for the City Manager to Negotiate and Execute Lease Agreement with Jendi Coursey (Indigo Studios) for a Portion of the Ukiah Railroad Depot Located At 309 East Perkins Street. Cancelled. e. Authorize the City Manager to Negotiate and Execute a Facilities Use Agreement with Deep Valley Christian School for Recreation Activities and Corresponding Budget Amendment and Transfer. f. Approval of Selection Process of Engineering Consultant Mead & Hunt for Airport Grant Projects. g. Award Purchase Of 2013 Ford F-150 ½ Ton Pick-Up Truck for the Electric Utility Department for the Total Amount of $20,201.75. (EUD). h. Award Purchase of 2013 Ford F-350, 1 Ton Truck with 8-Foot Utility Service Body and 1000 lb Hydraulic Lift Gate for the Total Amount of $30,968.87 to Downtown Ford Sales for the Department of Public Works Street Maintenance Division. i. Award Purchase of 2013 Ford F-450-Xl 2wd, Standard Cab Truck with Custom Service Body and 3000 lb Crane for the Total Amount of $71,533.38 to Downtown Ford Sales for the Department of Public Works Water/Sewer Maintenance Division. M/S Rodin/Landis to approve Consent Calendar Items 7a, c, and e - i, as submitted. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS J. R. Rose expressed concern regarding the waiting list for senior housing. He mentioned the federal mandate for affordable housing for seniors, and encouraged the Council to consider additional affordable housing for seniors. 9. COUNCIL REPORTS Councilmember Thomas brought attention to decisions that are made where money is not spent due to lack of funds, creating consequences down the road that have a greater cost. He suggests that to bring awareness to these types of decisions, they could be tracked. Councilmember Baldwin mentioned that he and Councilmember Rodin met with the tax sharing ad hoc members from the County Board of Supervisors. He reported that the City and County staff will work together to bring back recommendations by the end of January of how an agreement can be reached among the ad hoc members regarding a formula for sales tax sharing. Rodin added CITY COUNCIL MINUTES - DECEMBER 19, 2012, Continued 5b Page 3 of 5 that although the Board of Supervisors disbanded their sub-committee due to Supervisor Smith’s departure, she believes that they will re-establish a new ad hoc committee to wind up the negotiations. Councilmember Landis asked that a resolution be brought forward to support Congressman Mike Thompson’s appointment to a task force to prevent gun violence. 10. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers asked Katie Marsalon with Community Services to report on possible uses for Anton Stadium, which includes the Minor League Summer Baseball Team to host college level and semi-professional players at the facility. She stated that this could bring in additional revenue. Considerations are being taken to make sure that this possible activity would complement the existing users of the facility. Chambers mentioned that this item may be coming before the Council at a future date. Chambers also reminded the Council and public that the January 2, 2013, regular City Council meeting has been cancelled, with the next scheduled meeting taking place on January 16, 2013. 11. PUBLIC HEARINGS (6:15 P.M.) 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. Proper Notice was established and the PUBLIC HEARING WAS OPENED. Mayor Crane introduced the item. Eladia Laines, property owner, gave the following update: The quiet title action was filed; seismic analysis will begin after debris is removed; they will be working with the Frederick Remington Museum from New York; a benefit was held; they now have an intern at the Palace Hotel; and the roof leaks have been reduced, but additional repairs will need to be made. Recommended action(s): 1) Receive verbal report from the property owner; 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. THE PUBLIC HEARING WAS CLOSED. M/S Rodin/Thomas to continue this item to a future date to be determined. Motion carried by the following roll call votes: AYES: Landis, Thomas, Rodin, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS a. Authorize the City Manager to Negotiate and Execute a Professional Services Agreement with Weston Solutions, Inc. to Prepare a Remedial Action Plan for the Former Leslie Street Gas Plant Property in the Amount of $39,910 Plus Any Cost Related to Regulatory Oversight Imposed Directly by the North Coast Regional Water Quality Control Board and Corresponding Budget Amendment. Sage Sangiacomo, Assistant City Manager and Guy Mills, Project and Grant Administrator presented the item. Recommended action(s): Authorize the City Manager to negotiate and execute a professional services agreement with Weston Solutions, Inc. to prepare a Remedial Action Plan for the former Leslie Street Gas Plant Property in the amount of $39,910 plus any cost related to the regulatory oversight imposed directly by the North Coast Regional Water Quality Control Board CITY COUNCIL MINUTES - DECEMBER 19, 2012, Continued 5b Page 4 of 5 and Corresponding Budget Amendment. Public Comment: Linda Sanders, Friends of Gibson Creek. M/S Landis/Rodin to accept the recommended action. Motion carried by the following roll call votes: AYES: Landis, Thomas, Rodin, Baldwin, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. b. Status Report and Discussion Regarding the Bike Corral and Outdoor Dining Facilities Project at the Intersection of School and Standley Streets and Possible Creation of Outdoor Dining Program for Downtown Ukiah. Sage Sangiacomo, Assistant City Manager and Shannon Riley, Program Analyst presented the item. Recommended action(s): approval from the City Council to proceed with drafting an Outdoor Dining Program for Downtown Ukiah and authorize staff to extend Patrona’s current encroachment permit through the development period of the guidelines. Upon approval of the guidelines, Patrona would need to conform to the new program. Public Comment: Craig Strattman, Patrona Owner; Zack Schat, Schat’s Bakery Owner; and Cynthia Ariosta, Saucy Owner. M/S Rodin/Landis to approve Staff’s request to proceed with drafting an Outdoor Dining Program for Downtown Ukiah and authorize staff to extend Patrona’s current encroachment permit through the development period of the guidelines. Upon approval of the guidelines, Patrona would need to conform to the new program. Motion was amended to the following: Amended M/S Rodin/Landis to approve Staff’s request to proceed with drafting an Outdoor Dining Program for Downtown Ukiah and authorize staff to extend Patrona’s current encroachment permit through the development period of the guidelines with a maximum of a year extension. Upon approval of the guidelines, Patrona would need to conform to the new program. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. Councilmember Thomas Nomination of New Planning Commissioner and Council Vote to Appoint. Councilmember Thomas presented the item. Recommended action(s): 1) Councilmember Thomas nominate a replacement to serve the remaining term of Commissioner Brenner; and 2) Council vote on Councilmember Thomas’ nomination. M/S Thomas/Rodin to appoint Laura Christensen to replace and serve the remaining term of Commissioner Brenner. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. b. Report to Council Contracts for Temporary Staffing Services for Finance Department. (From item 7b on the Consent Calendar) Public Comment: Linda Sanders. CITY COUNCIL MINUTES - DECEMBER 19, 2012, Continued 5b Page 5 of 5 M/S Landis/Thomas to accept the report. Motion carried by the following roll call votes: AYES: Thomas, Rodin, Baldwin, Crane, and Landis. NOES: None. ABSENT: None. ABSTAIN: None. 14. 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 001-130-20 & 001-171-01 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Robert L. and Mary E Snyder Trust; Joe and Diane Mayfield Under Negotiation: Price & Terms e. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head Units f. PUBLIC EMPLOYMENT – Government Code Section 54957(b)(1) Title: City Manager No reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 p.m. ________________________________ Kristine Lawler, City Clerk 5c CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 8, 2013 6:00 p.m. 1. ROLL CALL Ukiah City Council met for a Special Meeting on January 8, 2013, which was legally noticed on January 3, 2013. Mayor Crane called the meeting to order at 6:04 p.m. Roll was taken with the following Councilmembers Present: Mari Rodin, Benj Thomas, Vice Mayor Phil Baldwin, and Mayor Douglas F. Crane. Councilmember Mary Anne Landis was absent by prearrangement. Staff Present: Jane Chambers, City Manager; and Kristine Lawler, City Clerk. Also Present: Rick Haeg, Labor Consultant. 2. PUBLIC COMMENT None given. 3. CLOSED SESSION a. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head Units No reportable action. 4. ADJOURNMENT There being no further business, the meeting adjourned at 7:40 p.m. ________________________________ Kristine Lawler, City Clerk Recommended Action(s): Authorize City Manager to negotiate and execute use agreement for baseball activities at Anton Stadium. Alternative Council Option(s): Remand to staff with direction Citizens advised: Ukiah Babe Ruth Requested by: Prepared by: Katie Marsolan and Stephanie Young, Community Services Department Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Assistant City Manager Attachments: Approved: ___________________________ Jane Chambers, City Manager ITEM NO.: MEETING DATE: 7e January 16, 2013 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO NEGOTIATE AND EXECUTE USE AGREEMENT FOR BASEBALL ACTIVITIES AT ANTON STADIUM. Summary: The Community Services Department operates the scheduling and maintenance at Anton Stadium for activities such as community programs, sports leagues, clinics, camps and tournaments. Staff has received interest from a summer baseball program. The potential use may be scheduled for May through August of 2013 or 2014 depending on the readiness of the facility and the complimentary scheduling with Ukiah based programs. Discussion: Staff has conducted preliminary meetings to explore the capacity for a summer league baseball program at Anton Stadium. The use would be college level adult athletes who play in a traveling summer league with evening/weekend games in Ukiah. This is a potential rental agreement that is revenue generating. The use would increase food and beverage services at Anton which would also be revenue generating. Specifically, there would be a concession contract for food, drinks and beer sales similar to the existing concessionaire contract at the Ukiah Sports Complex. Staff intends to continue the research and analysis for the potential use. Prior to moving forward in greater detail, staff would like Council to provide direction by authorizing the City Manager to negotiate and execute a use agreement. If approved, staff will take a number of steps to further the potential agreement. Staff will work with Ukiah based programs on scheduling at Anton. Staff will identify terms for rental fees and program use. Staff will work with the City Attorney on terms for use of the facility and terms for concession services that will detail insurance, risk management, and facility procedures. Fiscal Impact: Budgeted FY 10/11 New Appropriation X Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Recommended Action(s): Authorize City Manager to sign FAA grant application for $75,000 airport layout plan update Alternative Council Option(s): Provide direction to staff. Citizens advised: Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager; Attachments: 1) ACIP: 2014 and 2015 Project; 2) UKI ACIP Data Sheet; 3) Grant Application Approved: _______________________________________________ Jane Chambers, City Manager SUMMARY : Staff met formally with the FAA on January 9, 2013, and discussed grant applications for updating our current Airport Layout Plan and design for a Runway Rehabilitation Project. At that meeting the FAA suggested Staff apply for an Airport Layout Plan update for the 2013 grant year. An Airport Layout Plan (ALP) is a scaled drawing of existing and proposed land and facilities necessary for the operation and development of the Airport. Updating the ALP will allow the City to apply for a Runway Rehabilitation Design grant in the future. Staff’s current project schedule is to have the ALP approved and signed by the FAA no later than December 2013. This will enable the City to apply for a grant to design a Runway Rehabilitation Project for 2014 and then a Runway Rehabilitation construction grant in 2015. Due to the timing of the FAA grant funds for the ALP update, staff may request at a later meeting that the Airport fully fund for the ALP update to be reimbursed by FAA grant funds which would arrive in August or October 2013. Accordingly, if the ALP update is not approved by the FAA in December 2013, the current plan for the design of the Runway Rehabilitation Project and construction of the Runway Rehabilitation grant project would be completed in 2015 and 2016. At this time staff is requesting Council to Authorize City Manager to sign FAA grant application for $75,000 airport layout plan update. Caltrans grant match funds in the amount of $3,750 and Airport operating funds in the amount of $4,583 will be included. Fiscal Impact: Budgeted FY 10/11 New Appropriation x Not Applicable Budget Amendment Required ITEM NO: MEETING DATE: 7f January 16, 2013 UKIAH CITY COUNCIL AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO SIGN FAA GRANT APPLICATION FOR $75,000 AIRPORT LAYOUT PLAN UPDATE Uk i a h M u n i c i p a l A i r p o r t AC I P : 2 0 1 4 a n d 2 0 1 5 P r o j e c t Fi g u r e 1 0 300'600'FeetC:\Users\869bje\appdata\local\temp\AcPublish_11828\UKI.CatEx2012.dwg Jan 10, 2013 - 1:10pmPrepared By: www.m e a d h u n t . c o m Runway 15-33 R e h a b i l i t a t i o n Realign Taxiway D Relocate or Rem o v e T a x i w a y B Remove Taxiway D P a v e m e n t Future Taxiway B 1 Txy BTxy Z Txy D New Homerun E l e c t r i c a l C i r c u i t Fiscal Year Shown On ALP Project Type* Federal Share Local Share Total Yes P $75,000 $8,333 $83,333 $75,000 $8,333 $83,333 None. Jane Chambers, City Manager Greg Owen, Airport Manager DateSignature Contact Phone (Print or Type): 707-467-2855 Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been duly authorized by the Sponsor. Name and Title of Authorized Representative (Print or Type)Contact Name and Title (Print or Type) Open AIP Funded Projects Expected Close-out Date Land Title Status & Date of Exhibit "A" Status Date Airport is owned in fee simple. An Exhibit A Property Map nwill be prepared as a part of this project. NEPA Environmental Status (Date of FONSI or submit CATEX Form for Approval) No environmental documentation required for ALPs. 1) Submission of draft ALP set and Narrative Report to sponsor in October 2013 and revised draft to FAA in December 2013. Following any required revisions, submit final version in March 2014. Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or design, planning or environmental process) helicopter parking and potential for east side parallel taxiway. * D - Development; P - Planning; E - Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS Detail Project Description (Square/Lineal Footage or Length/Width) 1) Update ALP to current standards. Create an Exhibit A Property Map. Prepare an Airspace Plan using data from the previously completed AGIS survey. Evaluate runway width, nonstandard exit taxiways, east side transient apron, 2013 Totals Project Description 1) ALP Update with Narrative Report UKI ACIP DATA SHEET Airport Name CITY OF UKIAH AIRPORT 2013 Fiscal Year Shown On ALP Project Type* Federal Share Local Share Total Yes D $162,000 $18,000 $180,000 Yes D $283,500 $31,500 $315,000 $445,500 $49,500 $495,000 Jane Chambers, City Manager Greg Owen, Airport Manager DateSignature Contact Phone (Print or Type): 707-467-2855 None. Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been duly authorized by the Sponsor. Name and Title of Authorized Representative (Print or Type)Contact Name and Title (Print or Type) Open AIP Funded Projects Expected Close-out Date Land Title Status & Date of Exhibit "A" Status Date Airport is owned in fee simple. An Exhibit A Property Map will be prepared in 2013. This design phase would run from March 2014 through December 2014. Detail Project Description (Square/Lineal Footage or Length/Width) rehabilitate the surface. This project will include geotechnical testing and terrestrial surveying to provide detailed crosssections of the pavement. 2) Reimbursable agreements are anticipated to be needed with the FAA to arrange replacement of the VASI with 1) Runway is currently 4,415 feet long and 150 feet wide. This project will provide the engineering design to Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or design, planning or environmental process) NEPA Environmental Status (Date of FONSI or submit CATEX Form for Approval) A Cat Ex Submittal will be submitted in 2013 following the update of the ALP. The ALP update will be used to define the design for the runway and associated exit taxiways. 2014 Totals * D - Development; P - Planning; E - Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS a PAPI and then flight check the PAPI. 1) Runway Rehabilitation (Design) 2) FAA Reimbursable Agreements for PAPI and PAPI Flight Check UKI ACIP DATA SHEET Airport Name CITY OF UKIAH AIRPORT 2014 Project Description Fiscal Year Shown On ALP Project Type* Federal Share Local Share Total Yes D $1,800,000 $200,000 $2,000,000 $1,800,000 $200,000 $2,000,000 Jane Chambers, City Manager Greg Owen, Airport Manager Date Name and Title of Authorized Representative (Print or Type)Contact Name and Title (Print or Type) Signature Contact Phone (Print or Type): 707-467-2855 Certification: To the best of my knowledge and belief, all information shown in the ACIP Data Sheet is true and correct and had been duly authorized by the Sponsor. Open AIP Funded Projects Expected Close-out Date None. Airport is owned in fee title. An Exhibit A Property Map will be prepared in 2013. A Cat Ex Submittal for this project will be submitted in 2013. Land Title Status & Date of Exhibit "A" Status Date NEPA Environmental Status (Date of FONSI or submit CATEX Form for Approval) Detail Project Description (Square/Lineal Footage or Length/Width) The design for the runway rehabilitation will be defined during the development of plans and specifications in 2014. Available information suggests that the existing pavement will be pulverized and then overlayed with 4 inches of AC. Project Schedule (Anticipated date for bids or negotiated prices, consultant selection for planning or environmental projects, length of construction or design, planning or environmental process) Construction would run from September 2015 through March 2016. 2015 Totals * D - Development; P - Planning; E - Environmental PROVIDE THE FOLLOWING DETAILED INFORMATION FOR PROJECTS ANTICIPATED WITHIN 1-2 YEARS 1) Runway Rehabilitation (Construction) UKI ACIP DATA SHEET Airport Name CITY OF UKIAH AIRPORT 2015 Project Description S:\Administration\Agendas & ASRs\Jan 16 Regular Agenda\Ukiah.ACIP Data Sheet 2013-2015.v1.xlsx CITY OF UKIAH AIRPORT FAA/CALTRANS ACIP (2013-2015) SUMMARY PREPARED JANUARY, 2013 FISCAL YEAR PROJECT TOTAL COST FEDERAL SHARE STATE SHARE LOCAL SHARE 2013 ALP Update with Narrative Report 83,333$ 75,000$ 3,750$ 4,583$ Subtotal (FY 2013)83,333$ 75,000$ 3,750$ 4,583$ 2014 Runway Rehabilitation (Design)180,000$ 162,000$ 8,100$ 9,900$ 2014 FAA Reimbursable Agreements for PAPI/PAPI Flight Check 315,000$ 283,500$ 14,175$ 17,325$ Subtotal (FY 2014)495,000$ 445,500$ 22,275$ 27,225$ 2015 Runway Rehabilitation (Construction)2,000,000$ 1,800,000$ 90,000$ 110,000$ Subtotal (FY 2015)2,000,000$ 1,800,000$ 90,000$ 110,000$ (Certified current 7/25/08) APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED January 18, 2013 Applicant Identifier 1. TYPE OF SUBMISSION: Application Construction Non-Construction Preapplication Construction Non-Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5. APPLICANT INFORMATION Legal Name: City of Ukiah Organizational Unit: Department: Organizational DUNS: Division: Airport Address: Name and telephone number of person to be contacted on matters involving this application (give area code) Street: 300 Seminary Avenue Prefix: Mr. First Name: Greg City: Ukiah Middle Name: County: Mendocino Last Name: Owen State: CA Zip Code: 95482 Suffix: Country : USA Email: gowen@cityofukiah.com 6. EMPLOYER IDENTIFICATION NUMBER EIN): Phone number (give area code): FAX number (give area code): 6 (707) 467-2855 (707) 467-2853 8. TYPE OF APPLICATION: New Continuation Revision 7. TYPE OF APPLICANT: (See back of form for Application Types) B Other (specify) If Revision, enter appropriate letter(s) in box(es): (See back of form for description of letters) 9. NAME OF FEDERAL AGENCY Federal Aviation Administration Other (specify) 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER ALP Update with Narrative Report 2 0 1 0 6 TITLE: 12. AREAS AFFECTED BY PROJECT (cities, counties, states, etc.): City of Ukiah, Mendocino County, California 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date April 2013 Ending Date March 2014 a. Applicant 1st District b. Project 1st District 15. ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal $ 75,000 .00 a. Yes. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON b. Applicant $ .00 c. State $ 3,750 .00 DATE: d. Local $ 4,583 .00 b. No. PROGRAM IS NOT COVERED BY E. O. 12372 e. Other $ .00 OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program income $ .00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 83,333 .00 Yes If “Yes” attach an explanation No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Ms. First Name Jane Middle Name Last Name Chambers Suffix b. Title City Manager c. Telephone number (give area code) (707) 463-6213 d. Signature of Authorized Representative e. Date Signed Previous Editions Not Usable Authorized for Local Reproduction Standard Form 424 (Rev.9-2003) Prescribed by OMB Circular A-102 U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1 Does this assistance request require State, local, regional, or other priority rating? Yes No Name of Governing Body City of Ukiah Priority Item 2. Does this assistance request require State, local advisory, educational or health clearances? Yes No Name of Agency or Board (Attach Documentation) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? Yes No (Attach Comments) Item 4 Does this assistance request require State, local, regional or other planning approval? Yes No Name of Approving Agency City of Ukiah Date Item 5. Is the proposed project covered by an approved comprehensive plan? City of Ukiah Airport Layout Plan Yes No Check One: State Local Regional Location of plan City of Ukiah and FAA files Item 6. Will the assistance requested serve a Federal installation? Yes No Name of Federal Installation Federal Population benefiting from Project Item 7 Will the assistance requested be on Federal land or installation? Yes No Name of Federal Installation Location of Federal Land Percent of Project Item 8 Will the assistance requested have an impact or effect on the environment? Yes No See instructions for additional information to be provided. See Categorical Exclusion Item 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? Yes No Number of: Individuals Families Businesses Farms Item 10. Is there other related Federal assistance on this project previous, pending, or anticipated? Yes No See instructions for additional information to be provided. FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II – SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. – The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The City has adopted the compatibility policies prepared by the Mendocino County Airport Land Use Commission. The height of objects near the airport are regulated by height limitations defined in Division 3, Chapter 9 of the City’s zoning codes. 2. Defaults. – The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: None 3. Possible Disabilities. – There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: None 4. Consistency with Local Plans. – The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. The Airport and its operational requirements are incorporated into the general plans of the City of Ukiah and County of Mendocino. 5. Consideration of Local Interest. – It has given fair consideration to the interest of communities in or near where the project may be located. The City has given fair consideration to the interest of communities in or near where the project may be located. 6. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. The project has been reviewed and discussed during public meetings before the Airport Commission and City Council. 7. Public Hearings. – In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. N/A 8. Air and Water Quality Standards. – In projects involving airport location, a major runway extension, or runway location it will provide to the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. N/A FAA Form 5100-100 (4-76) Page 3a U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART II – SECTION C (CONTINUED) 9. Exclusive Rights - There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: None 10. Land. – (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit “A”: The Airport is owned in fee simple by the City. There are no exceptions, encumbrances or adverse interests that apply. The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit “A”: N/A (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit “A”: N/A *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (4-76) Page 3b U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PART III– BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No.. . . . . . . . . . . . . . .. . . . 20-106 2. Functional or Other Breakout.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . SECTION B - CALCULATION OF FEDERAL GRANT Use only for revisions Cost Classification Latest Approved Amount Adjustment+ or (-) Total Amount Required 1. Administration Expense $ $ $ 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 83,333 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 83,333 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 83,333 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 83,333 20. Federal Share requested of Line 19 75,000 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20 & 21) 75,000 23. Grantee share 4,583 24. Other shares (Caltrans) 3,750 25. Total project (Lines 22, 23, & 24) $ $ $ 83,333 FAA FORM 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 SECTION C - EXCLUSIONS 26. Classification Ineligible for Participation (1) Excluded from Contingency Provision (2) a. $ $ b.. c. d. e. f. g. Totals SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 4,583 a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash` g .Other (Explain) h .TOTAL – Grantee share 4,583 28. Other Shares a. State 3,750 b. Other c. Total Other Shares 3,750 29. TOTAL $ 8,333 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (ATTACH –SEE INSTRUCTIONS) FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAGE 5 PART IV PROGRAM NARRATIVE U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO. 2120-0569 PROJECT: 1) ALP Update with Narrative Report AIRPORT: City of Ukiah Airport (UKI) 1. Objective: 1) Provide planning-level analysis and design guidance on runway width, provision of standard exit taxiways, an east side transient apron, helicopter parking, and an east side parallel taxiway. Update the ALP set to reflect design conclusions. Prepare an Exhibit A Property Map and Airspace Plan to complete the ALP set. 2. Benefits Anticipated: 1) Improve safety through elimination of nonstandard exit taxiways. Reduce long-term maintenance costs by narrowing the runway. Improve the quality of aviation services through the provision of transient aircraft parking with improved access to nearby hotels, restaurants, and retail centers. 3. Approach: 1) Utilize a standard planning process combining technical analysis and user input to determine appropriate airfield design changes. The ALP update will need to be consistent with FAA guidance on ALPs and the recently updated Airport Design advisory circular. 4. Geographic Location: City of Ukiah, California 6: Sponsor's Representative: (incl. address & tel. no.) Greg Owen 1403 South State Street Ukiah, CA 95482 (707) 467-2855 FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAGE 6 Appendix 1 ASSURANCES Airport Sponsors ___________________________________________________________________________________ A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act - 40 U.S.C. 276(a), et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act – 5 U.S.C. 1501, et seq.2 Airport Assurances (3/2005) 1 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seq.1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 l. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.1 r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.1 t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et seq.1 v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seq.2 x. Drug-Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders Executive Order 11246 - Equal Employment Opportunity1 Executive Order 11990 - Protection of Wetlands Executive Order 11998 – Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction1 Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.1 e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.1 f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).1 g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).1 Airport Assurances (3/2005) 2 h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally-assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. l. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.1 2 m. 49 CFR Part 26 – Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.1 o. 49 CFR Part 29 – Government wide debarment and suspension (nonprocurement) and government wide requirements for drug-free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.1 Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 - Audits of States, Local Governments, and Non-Profit Organizations 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances (3/2005) 3 to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that Airport Assurances (3/2005) 4 property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances (3/2005) 5 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved Airport Assurances (3/2005) 6 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably Airport Assurances (3/2005) 7 operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for- (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Airport Assurances (3/2005) 8 c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, Airport Assurances (3/2005) 9 aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided, however, that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use Airport Assurances (3/2005) 10 agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that – a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; and (3) the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment, revision, or modification thereof, shall Airport Assurances (3/2005) 11 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) be paid to the Secretary for deposit in the Trust Fund, or (2) be reinvested in an approved noise compatibility project as prescribed by the Secretary, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system, or (2) be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances (3/2005) 12 c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a) (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated _____ and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances (3/2005) 13 non discrimination in the award and administration of DOT-assisted contracts. The recipient’s DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner’s expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Assurances (3/2005) 14 STANDARD DOT TITLE VI ASSURANCES CITY OF UKIAH (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b)) will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or a n interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED CITY OF UKIAH (Sponsor) Jane Chambers (Authorized Official) (Signature of Authorized Official) CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: City of Ukiah Airport LOCATION: Ukiah, California AIP PROJECT NO.: STATEMENTS APPLICABLE TO THIS PROJECT a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near Ukiah Regional Airport. b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area, wildlife and fowl refuge, or a historical site under Federal, State, or Local jurisdiction. c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s) utilizing Ukiah Regional Airport, and they have been informed regarding the scope and nature of this project. d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: JANE CHAMBERS DATE: TITLE: CITY MANAGER SPONSORING AGENCY: CITY OF UKIAH NOTE: Where opposition is stated to an airport development project, whether expressly or by proposed revision, the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal, state, or local governmental agency, or the person or persons opposing the project; n/a b. The nature and basis of opposition; n/a c. Sponsor's plan to accommodate or otherwise satisfy the opposition; n/a d. Whether an opportunity for a hearing was afforded, and if a hearing was held, an analysis of the facts developed at the hearing as they relate to the social, economic, and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. n/a e. If the opponents proposed any alternatives, what these alternatives were and the reason for nonacceptance; n/a f. Sponsor's plans, if any, to minimize any adverse effects of the project; n/a g. Benefits to be gained by the proposed development; and n/a h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. n/a CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date Jane Chambers Title City Manager U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION PROJECT PLANS AND SPECIFICATIONS CITY OF UKIAH UKIAH AIRPORT AIP No. (Sponsor) (Airport) (Project Number) Runway Rehabilitation (Preliminary Engineering) (Work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program, AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, and AC 150/5100-16, Airport Improvement Program Grant Assurance One--General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports as well as procurement/installation of equipment and facilities is referenced in standard airport sponsor Grant Assurance 34 contained in the grant agreement. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. The plans and specifications were will be prepared in accordance with applicable Federal standards and requirements, so no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not will not be proprietary or written so as to restrict competition. At least two manufacturers can meet the specification. 3. The development included to be included in the plans is depicted on the airport layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been will be omitted from the plans and specifications. 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are will be included in the project specifications. 6. If a value engineering clause is incorporated into the contract, concurrence was will be obtained from the FAA. 7. The plans and specifications incorporate will incorporate applicable requirements and recommendations set forth in the Federally approved environmental finding. 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been will be discussed with the FAA as well as incorporated into the specifications, and a safety/phasing plan has FAA’s concurrence, if required. 9. The project was will be physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. Page 1 of 2 I certify, for the project identified herein, responses to the forgoing items are accurate as marked and have prepared documentation attached hereto for any item marked “no” that is correct and complete. CITY OF UKIAH (Name of Sponsor) (Signature of Sponsor’s Designated Official Representative) Jane Chambers (Typed Name of Sponsor’s Designated Official Representative) City Manager (Typed Title of Sponsor’s Designated Official Representative) (Date) U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM SPONSOR CERTIFICATION DRUG-FREE WORKPLACE City of Ukiah Ukiah Airport (Sponsor) (Airport) (Project Number) Runway Rehabilitation (Preliminary Engineering) (Work Description) Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the sponsor that it will comply with the statutory and administrative requirements in carrying out a project under the Airport Improvement Program (AIP). General requirements on the drug-free workplace within Federal grant programs are described in Title 49, Code of Federal Regulations, Part 29. Sponsors are required to certify they will be, or will continue to provide, a drug-free workplace in accordance with the regulation. The AIP project grant agreement contains specific assurances on the Drug-Free Workplace Act of 1988. Except for the certified items below marked not applicable (N/A), the list includes major requirements for this aspect of project implementation, although it is not comprehensive, nor does it relieve the sponsor from fully complying with all applicable statutory and administrative standards. Yes No N/A 1. A statement has been will be published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug-free awareness program has been will be established to inform employees about: a. The dangers of drug abuse in the workplace; b. The sponsor's policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Each employee to be engaged in the performance of the work has been will be given a copy of the statement required within item 1 above. 4. Employees have been will be notified in the statement required by item 1 above that, as a condition employment under the grant, the employee will: a. Abide by the terms of the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. Yes No N/A 6. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug-free workplace through implementation of items 1 through 6 above. I have prepared documentation attached hereto with site(s) for performance of work (street address, city, county, state, zip code). There are no such workplaces that are not identified in the attachment. I have prepared additional documentation for any above items marked “no” and attached it hereto. I certify that, for the project identified herein, responses to the forgoing items are accurate as marked and attachments are correct and complete. City of Ukiah (Name of Sponsor) (Signature of Sponsor’s Designated Official Representative) Jane Chambers (Typed Name of Sponsor’s Designated Official Representative) City Manager (Typed Title of Sponsor’s Designated Official Representative) (Date)