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HomeMy WebLinkAbout2014-04-16 PacketPage 1 of 3 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 16, 2014 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation - Worker’s Memorial Day 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of April 2, 2014, Regular Meeting. 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 March, 2014. b. Approval of Notice of Completion for the 115 kV Transmission Line Pole Replacement and Realignment Project, Specification No. 13-08, and Approval of Final Payment of the 5% Retention to Cupertino Electric, Inc. (EUD). c. Authorize the City Manager to Negotiate and Enter into a Three Year Contract with Borismetrics Inc. to Assist Ukiah Electric Utility with Regulatory Compliance and Market Analysis Support (EUD). d. Adoption of Resolution Removing 160 Lineal Feet of On-Street Parking for the Hours from 10 pm to 6 am at the East End of Talmage Frontage Road. e. Authorize the City Manager to Renew and Sign a Contract with Dell Computers, Inc. for a Three-Year Microsoft Enterprise Agreement in the Amount of $64,320.93 Per Year Plus Page 2 of 3 Yearly True-Up of Installed Licensed Products, and Report the True-Up for the Previous Contract Period in the Amount of $30,276.04. f. Authorize the City Manager to Negotiate and Execute an Amendment to the Management Agreement for the Alex Rorabaugh Center with the Ukiah Valley Cultural and Recreation Center Extending the Initial Term by One Year. g. Approve a Resolution of the City Council of the City of Ukiah Consenting to Assignment of Loan Documents from Ukiah Community Center to Ford Street Project and Corresponding Assignment and Assumption Agreement as it Relates to the Grant Agreement with the California Department of Housing and Community Development. h. Authorize City Manager to Negotiate and Execute Lease Agreement at the Ukiah Airport with City of Ukiah Employees Credit Union. i. Approve Letter Outlining City Purpose Served for Transfer of Surplus Ambulances for use in Career Technical Education Programs of Mendocino County Office of Education. j. Authorize the City Manager to Negotiate and Execute Agreements with the Rural Communities Housing Development Corporation and Community Development Commission of Mendocino County for the Implementation of the State Community Development Block Grant for Multi-Family Housing Rehabilitation Project, Standard Agreement Number 13-CDBG-8940. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) a. Receive Report from the City Council Ad-Hoc Committee, Hear from the Public and Consider Adoption of the Resolution Ordering Repair of Dilapidated Palace Hotel Structure and Consider Additional Staff Recommendations to Retain Cota Cole, LLP and Initiate Proceedings Under Health and Safety Code Section 17980.7 to Establish a Receivership for the Palace Hotel Property. 12. UNFINISHED BUSINESS a. Consider Action to Affirm Existing Ukiah Sign Ordinance Prohibiting Flashing, Rotation, Animated, Blinking and Moving Signs. b. Discussion and Consideration of Redwood Trees on City Property (South School Street) and a Lease Agreement with the Ukiah Daily Journal. 13. NEW BUSINESS Page 3 of 3 a. Authorize the City Manager to Negotiate and Enter into a Three-Year Multi Task Contract with Utility Design Services LLC. to Assist Ukiah Electric Utility with Distribution System Design and Project Management Support Services (EUD). b. Award Professional Services Contract to the Reed Group, Inc., for Performing a Water Rate Study. c. Adoption of Resolution in Support of AB 2493 Allowing Use of 2011 Redevelopment Bond Proceeds. 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Conference With Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov’t Code 54956.9(b) (1 case) b. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-121-20-00, 002-121-21-00, 002-121-22-00 and 002-121-23-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: Robert Gitlin Under Negotiation: Price & Terms c. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-101-19, 20 & 21 Negotiator: Jane Chambers, City Manager Negotiating Parties: Rural Communities Housing Development Corporation (RCHDC) and City of Ukiah Under Negotiation: Price & Terms d. Conference with Real Property Negotiators_(§54956.8) Property: APN: 180-070-19-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and RCMC LLC. Under Negotiation: Price & Terms 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 11th day of April, 2014. Kristine Lawler, City Clerk Agenda Item 5b Page 1 of 5 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 2, 2014 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on April 2, 2014, having been legally noticed on March 28, 2014. Vice Mayor Landis called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Steve Scalmanini (arriving at 6:08), Douglas F. Crane, Benj Thomas, and Vice Mayor Mary Anne Landis. Mayor Phil Baldwin was absent by prearrangement. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Adoption of Proclamation for Mayor’s Day of Recognition for National Service. Presenters: Vice Mayor Landis and Councilmember Thomas. Public Comment: MaryLou Leonard, HealthCorps Supervisor and Kristin Mullen-Muhr, AmeriCorps Member. COUNCILMEMBER SCALMANINI ARRIVED AT 6:08 P.M. b. Introduction of New Employees – Kelly McNerney, Community Services Receptionist/Clerk and Tabitha Olson, 32-Hour Community Services Assistant. Presenter: Stephanie Young, Recreation Supervisor. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of March 19, 2014, Special Meeting. b. Minutes of March 19, 2014, Regular Meeting. Motion/Second: Crane/Thomas to approve the minutes of March 19, 2014, a Special Meeting and March 19, 2014, a Regular Meeting, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION City Council Minutes for April 2, 2014, Continued: Page 2 of 5 7. CONSENT CALENDAR a. Approve Acquisition of Professional Services (COU No.1314-195) from Alpha Analytical Laboratories, Inc. for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill – Public Works Department. b. Adoption of Ordinance Amending Chapter 9, Division 5 of the Ukiah City Code to Include Restaurants in the Ban on Carry-Out Plastic Bags – Administration. ORDINANCE NO. 1147 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 9, DIVISION 5 OF THE UKIAH CITY TO SUBJECT TAKE OUT RESTAURANTS AND TAKE-OUT DEPARTMENTS IN STORES TO THE REQUIREMENTS OF THE CHAPTER c. Approval of Visit Ukiah (TOT Program) Contract (COU No.1314-196) with Sunset Magazine in Amount of $31,640 Spanning Two Fiscal Years, to be Paid out of Measure X Transient Occupancy Tax (Hotel Bed Tax) – Community Services Department. d. Adoption of Resolution (2014-12) Approving 2014-2016 Memorandum of Understanding and Updated Job Descriptions for Employee Bargaining Unit – IBEW /Electric Unit Memorandum of Understanding FY 2014-16 – Human Resources Department. e. Authorize the Director of Public Works / City Engineer to Execute Change Orders in the Amount not to Exceed $10,800 for Oak Manor Trail, Specification No. 14-02 – Public Works Department – Pulled by Councilmember Crane and placed as Agenda Item 13e. Motion/Second: Crane/Thomas to approve Consent Calendar Items 7a-d, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Public Comment: Mike Peterson (a.k.a. Davie Crockett) and Don Crawford. 9. COUNCIL REPORTS Presenters: Councilmembers Crane and Thomas, and Vice Mayor Landis. 10. CITY MANAGER/CITY CLERK REPORTS Presenter: Jane Chambers, City Manager and Tim Eriksen, Public Works Director. Council Consensus to move the May 21, 2014, Council meeting to May 28, 2014, to allow all Councilmembers to be present. 11. PUBLIC HEARINGS (6:15 PM) 12. UNFINISHED BUSINESS a. Presentation of Report of Services from the Economic Development Financing Corporation, Consideration of a Fiscal Year 2013-15 Performance Agreement in the Amount $10,000 per Year and Authorization for the City Manager to Negotiate and Execute the Agreement – Community Services Department. City Council Minutes for April 2, 2014, Continued: Page 3 of 5 Presenters: Shannon Riley, Program/Project Analyst; Sage Sangiacomo, Assistant City Manager; and John Kuhry, Economic Development Financing Corporation (EDFC) Executive Director. Public Comment: John McCowen, Mendocino County Second District Supervisor; Richard Cooper, EDFC Board Chair; and Thomas Fletcher. Motion/Second: Crane/Thomas to authorize the City Manager to negotiate and execute a Fiscal Year 2013-2015 Performance Agreement (COU No.1314-197) with EDFC in the amount of $10,000 for fiscal year 2013-2014 and $12,000 for fiscal year 2014-2015. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. RECESS AT 7:24 – 7:30 P.M. b. Consider Approval of Two-Year Interim Agreement with Ukiah Valley Fire District, and Authorizing City Manager to Sign Agreement – Administration. Presenters: Jane Chambers, City Manager and Chief John Bartlett, Fire Chief. Motion/Second: Crane/Thomas to approve two year interim agreement (COU No.1314-198) with Ukiah Valley Fire District, and authorizing City Manager to sign agreement. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. Requested statement by Councilmember Crane pertaining to this item is attached. 13. NEW BUSINESS a. Discussion and Possible Adoption of Resolution Directing the Implementation of the Storm Water Low Impact Development Technical Design Manual – Public Works Department. Presenter: Tim Eriksen, Public Works Director. Public Comment: Linda Sanders. Council Consensus to continue this item to the last meeting in May. b. Authorize City Manager to Negotiate and Execute Lease Agreement with North Coast Opportunities for the Development and Operation of the Vinewood Park Community Garden – Community Services Department. Presenter: Sage Sangiacomo, Assistant City Manager. Motion/Second: Thomas/Scalmanini to authorize the City Manager to negotiate and execute a lease agreement (COU No.1314-199) for the development and operation of the Vinewood Park Community Garden Project with North Coast Opportunities. Motion carried by the following roll call votes: AYES: Scalmanini, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: Crane. c. Award of Contract to GHD in the Amount of $359,610 for the Design of New Water Well #9 and the Rehabilitation of Water Well #4 and Authorize the City Manager to Execute and Amendment for 10% of the Contract Amount if Necessary – Public Works Department. City Council Minutes for April 2, 2014, Continued: Page 4 of 5 Presenter: Tim Eriksen, Public Works Director. Motion/Second: Crane/Thomas to award a contract (COU No.1314-200) to GHD for the design of new water well #9 and the rehabilitation of water well #4 and authorize the City Manager to execute an amendment for 10% of the contract amount if needed. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. d. Approval of Request from Mendocino County Office of Education for Transfer of Surplus Ambulances for Use in Career Technical Education Programs – Administration. Presenter: Jane Chambers, City Manager. Public Comment: Pat Garrett, Mendocino County Office of Education. Motion/Second: Crane/Thomas to approve request from MCOE for transfer of surplus ambulances for use in career technical education programs and direction to staff. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. e. Authorize the Director of Public Works / City Engineer to Execute Change Orders in the Amount not to Exceed $10,800 for Oak Manor Trail, Specification No. 14-02 – Public Works Department (From Consent Calendar Item 7e) Presenter: Tim Eriksen, Public Works Director. Motion/Second: Thomas/Scalmanini to authorize the Director of Public Works / City Engineer to execute change orders (COU No. 1314-174-A1) in the amount not to exceed $17,859 – change amount per for Oak Manor Trail, Specification No. 14-02. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, and Landis. NOES: None. ABSENT: Baldwin. ABSTAIN: None. COUNCIL ADJOURNED TO CLOSED SESSION AT 8:40 P.M. 14. CLOSED SESSION a. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Electric Unit b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVC-13-63024 c. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-121-20-00, 002-121-21-00, 002-121-22-00 and 002-121-23-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: Robert Gitlin Under Negotiation: Price & Terms City Council Minutes for April 2, 2014, Continued: Page 5 of 5 d. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-101-19, 20 & 21 Negotiator: Jane Chambers, City Manager Negotiating Parties: Rural Communities Housing Development Corporation (RCHDC) and City of Ukiah Under Negotiation: Price & Terms No action was taken on Closed Session Items. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:55 p.m. ________________________________ Kristine Lawler, City Clerk Councilmember Doug Crane’s Comments Regarding Agenda Item 12b: …and in a more serious vein, something I’ve spoken to in I think every ad hoc meeting that we’ve had, I remain concerned that the District’s funding model is not indexed. And that at some point that will disadvantage them substantially. Part of my reason for bringing that up repeatedly is - I believe it is - very important that the greater community not perceive the City as bearing the responsibility to make up for that shrinkage that will occur in the ability of the District to fund its operations. During the course of this contract, I think it’s very important that the District, and possibly the City, work to figure out how to resolve that coming crisis that they will have without the ability to index their income. That said, I think this is important and we should proceed and I move that we approve this agreement. Continued on Page 2 Recommended Action(s): Discussion and consideration of redwood trees on City property (South School Street) and a lease agreement with the Ukiah Daily Journal. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Phil Baldwin, Vice Mayor, City of Ukiah Prepared by: Sage Sangiacomo, Assistant City Manager and Tim Eriksen, Director of Public Works Coordinated with: Jane Chambers, City Manager and David Rapport, City Attorney Attachments: Draft Lease Agreement with the UDJ Approved: ___________________________ Jane Chambers, City Manager ITEM NO.: MEETING DATE: 12b April 16, 2014 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND CONSIDERATION OF REDWOOD TREES ON CITY PROPERTY (SOUTH SCHOOL STREET) AND A LEASE AGREEMENT WITH THE UKIAH DAILY JOURNAL. Summary: Over a series of meetings, the City Council has considered the status of three redwood trees on City property adjacent to the Ukiah Daily Journal (UDJ) building on South School Street that have been deemed to be in poor/fair health and a hazard in their current condition. Since late last year, the item has been discussed and continued in an effort to allow time for t he Journal staff to address/research details concerning their request to preserve two of the trees. The third tree was removed since the last meeting in March. Given the hazards to property and safety identified by two arborists (Philips and McKenna), the City initially requested that the Journal perform the nine mitigations recommended in the McKenna Report; provide liability insurance; and sign an indemnification agreement. After subsequent discussion, the Council agreed to consider the Journal’s request to perform the McKenna Report recommendations and provide liability insurance. As a means to provide insurance, the City Attorney drafted a lease agreement for the area encompassing the two remaining redwoods (Attachment #1). At the April 16th meeting, the Journal will be reporting back to the Council on an implementation plan for the McKenna Report recommendations including a timeline. The Journal will also need to demonstrate the ability to provide the City of Ukiah with a certificate of liability insurance ($2 million per occurrence) naming the City of Ukiah as additional insured. Background: In late July as a result of increased limb failure, the Public Works Department requested an arborist’s evaluation of three redwood trees on the City’s South School Street property adjacent to the Ukiah Daily Journal Building. The trees are located between the street curb and sidewalk on the southwest corner of School St. and Mill St. The health of these large trees is of particular concern due to the volume of pedestrian traffic and close proximity to office buildings in the area. As such, the declining health of the trees and limb failure potentially represents an increase risk to safety and property. Per the City’s adopted Tree Management Guidelines, an arborist was commissioned in an effort to identify potential options for treatment. 2 The following points are documented in the letter from the arborist commissioned by the City): • All three trees are showing signs of soil water deficit and are consequently in poor health. • If the trees survive, they will continue to shed limbs. This is typical of this kind of tree in "open-grown" locations. • It is also likely that some degree of top failure will occur on the tree with the multiple tops. This is due to the common lack of strong stem attachment associated with this kind of growth. • Pruning to lessen these branch and stem failures would require cutting back the entire crown of each tree. This kind of treatment would be temporary and likely have a negative impact on overall tree health. • From a design standpoint, these trees are too big for their location. If they were in more robust health, they would likely disturb the pavement and sidewalks (there may be some of this occurring already). There is no treatment to prevent this without severe root injury to the trees. City Arborist’s recommendation: Given the declining health of the trees and the unsuitability of their size in this location, the best remedy I can offer is to remove the trees and replace with a species more appropriate for this site. In doing so, I recommend that all of the ivy be excavated and decent soil added back. The arborist report was subsequently forwarded to the City’s Tree Committee and to the Ukiah Daily Journal’s Publisher for review and comment. While the Tree Committee doesn’t endorse the removal of the trees, the Committee did not object to any of the technical points documented in the arborist’s report. For further reference related to this item, the City’s Tree Management Guidelines provide the following criteria. Section 6 details guidelines for tree care and maintenance. Sections 6.9 and 7.0 of the Guidelines specifically address hazardous tree management and tree removal. Section 9.8 provides the definition of a Qualified Arboricultural Professional as a tree care professional with a minimum of two years of experience in the evaluation and care of trees in combination with a professional license or certification that measures minimum competency in relevant subjects, including protection of public health, safety and welfare. Acceptable titles include Certified Arborist, Registered Consulting Arborist, Registered Professional Forester, and Landscape Architect. Some questions were previously raised regarding ownership of the trees. The Public Works Department reviewed right of way and property documents and determined that the trees are on the City’s South School Street property that was established by Ordinance Number 27 in 1888. The survey maps demonstrated that the property on School Street is 35ft. on each side of the centerline. In further review, staff also ordered a preliminary title report of the UDJ’s property which was found to be consistent with the City’s initial determination. At the November 20th, December 4th, December 18th, February 5th, February 19th, and March 19th meetings, the City Council discussed the status of three redwood trees on School Street adjacent to the Ukiah Daily Journal (UDJ) building on South School Street. In a letter dated November 19, 2013, Mr. McConnell (UDJ Publisher) requested additional time to evaluate the trees citing that the UDJ believed “the trees to be in good health.” In consideration of the request from the UDJ, the City Council continued the item each meeting to allow time for additional information to be gathered and considered. At the December 4th meeting, Council requested staff explore an indemnification agreement covering the interim period until the UDJ completes its investigation of the trees. The City Attorney drafted an agreement which was returned signed by the UDJ. The UDJ also provided the City with a certificate of insurance. However, staff was unable to tell from the submittal if the policy would cover damage caused by the trees. Additional clarification regarding the policy has not yet been determined. The interim indemnification has since expired. 3 At the December 18th meeting, the UDJ presented a schedule detailing the additional time needed to complete an evaluation of the trees and potential remedies. An evaluation by a certified arborist commissioned by the UDJ was completed per the schedule and is included as Attachment #3 for review and consideration. In the November 19th letter, Mr. McConnell indicated that the UDJ would be willing to bear the responsibility associated with maintenance, mitigation measures and liability contingent on the outcome of their research. Subsequently at the March 19th meeting, the UDJ indicated that they would not provide indemnification, but would consider liability insurance coverage and affirmed that they would perform and pay for the implementation of all nine mitigations measures identified in the McKenna Report. Fiscal Impact: Budgeted FY 13/14 New Appropriation x Not Applicable Budget Amendment Required 1 Attachment #1 LEASE AGREEMENT This Lease is made on _________, 2014 (the “Effective Date”), by and between the City of Ukiah ("Lessor" or “City”) and MediaNews Group, Inc., a corporation authorized to conduct business in the State of California, doing business as the Ukiah Daily Journal ("Lessee" or “UDJ”). Collectively, Lessor and Lessee are referred to as “the Parties.” RECITALS: 1. The City owns a right of way seventy (70) feet wide, 35 feet on either side of a centerline in School Street in the City of Ukiah (“School Street Right of Way”). A portion of that right of way is contiguous to a parcel of land located at 590 South School Street, also known as Mendocino County Assessor Parcel Number 002-271-16, which is owned by Lessee (“UDJ Property”). 2. Within the School Street Right of Way and contiguous to the UDJ Property is a sidewalk. A planter strip is contiguous to the sidewalk on the west and to the School Street curb on the east. 3. Within the planter strip were three redwood trees (“the Redwoods”). City staff had notice that branches in the trees were breaking at a rate that was posing a risk of injury to persons and property. The City hired a registered California arborist to recommend treatment to reduce the risk. The arborist concluded that the Redwoods are too big for their location and are in declining health. Given this, he recommended removal of the trees and replacement with a species more appropriate for the site. 4. The UDJ objected to the removal of the Redwoods and urged the City to preserve them. The UDJ hired Dan McKenna, a registered California arborist, who prepared a report (“the Report”), which is attached hereto as Exhibit A. 5. The Report recommended removal of one tree which has been removed. He made nine recommendations (“the Recommendations”) to treat the remaining two trees for a period of one year. He further recommended that if the trees do not respond to the new cultural practices after one growing season, then the trees should be removed. If the trees’ color and vigor have improved and shoot growth has doubled from the current 6 inches growth to 12 inches, then the trees should remain and the listed cultural practices should continue indefinitely. He also recommended some minor crown reduction in the form of end weight branch pruning, if the trees improve after one growing season. 6. The UDJ has agreed to implement its arborist’s recommendations and the City Council has agreed to refrain from cutting down the trees, if the UDJ assumes the responsibility for and cost of implementing the Recommendations and provides comprehensive general or commercial liability insurance that covers damage caused by 2 the Redwoods and names the City and its officers and employees as additional insureds of that insurance policy. 7. The City has the authority to lease property owned or held or controlled by it pursuant to Government Code Section 37380 and other authority. AGREEMENT: 1. LEASE. The Parties agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of the School Street Right of Way contiguous to the UDJ Property and more particularly described in the attached Exhibit B (“the Leased Premises”). The Leased Premises includes the sidewalk, the planting strip and the two remaining Redwoods (“Remaining Redwoods”), and is subject to a retained right of access and use in favor of the City and the general public. 2. TERM. The term of this Lease is for a period of one (1) year, commencing on May 1, 2014, and terminating at midnight on April 30, 2015, unless extended by mutual agreement of the Parties. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) in full consideration thereof for the use of said property, said rent may be paid by Lessee to Lessor in advance for the full term. 4. USE AND IMPROVEMENTS. 4.1. Lessee hereby agrees to use the Leased Premises exclusively for the preservation of the Remaining Redwoods and landscaping within the planting strip or modifications to the sidewalk, all in accordance with the Recommendations. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the Leased Premises shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work and subject to inspection during and upon completion of the work. Any failure of Lessee to fully perform the Recommendations shall be deemed a material breach of this Lease. Lessee’s failure to cure any such breach within ten (10) days after Lessor gives Lessee written notice of the breach shall constitute grounds for termination of the Lease by Lessor. 3 4.4. Lessee agrees to keep the Remaining Redwoods and all improvements constructed by Lessee in good repair and order and to bear the full cost for maintenance of all such improvements. 4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for any work performed on the Leased Premises. 4.6 Lessee shall not obstruct or interfere with the use of the sidewalk by members of the general public or with the City’s access and use of the Leased Premises for municipal purposes. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the negligent or willfully wrongful act or omission of Lessee and its officers, agents, employees, contractors and volunteers in performing its obligations under this Lease (including, but not limited to, implementation of the Recommendations) and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, damage, or other obligation, including the fees of attorneys, consultants, experts, expert witnesses or investigators, on account of or arising out of any claim, injury or damage proximately caused or alleged to have been proximately caused by any such act or omission. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit C, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. 7.1. This Lease or any renewal thereof, may be cancelled for any reason by either party on sixty (60) days written notice to the other party. 7.2. Lessor can cancel this Lease immediately for any breach of this lease by Lessee, including, but not limited to, failure to provide insurance, without any prior notice to Lessee. 8. ATTORNEY'S FEES. The prevailing party shall recover from the loosing party its reasonable costs and attorney's fees in any legal action to enforce any of the terms of this Lease. 4 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: TO CITY: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and superceded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 14. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the Effective Date. CITY OF UKIAH 5 By:___________________________ ATTEST: Jane Chamber, City Manager _________________________ City Clerk MEDIANEWS GROUP, INC., dba UKIAH DAILY JOURNAL By:___________________________ It's:___________________________ Tree-Report Arboricultural Consultations c/o Dan McKenna P.O. Box 814 Forest Knolls, CA 94933 415 488-1621 415 602-1621 (cell) dan@tree-report.com December 27, 2013 Donald Burgess Jr. 179 Park Place Ukiah, CA 95482 Dear Mr. Burgess: The purpose of this report is to provide you with my recommendations for three Sequoia sempervirens (Coast Redwood) trees growing in front of 590 S. School St. in Ukiah, CA. I met you on December 23, 2013 in order to conduct a ground visual inspection, record my findings, and photo document the current condition of the trees. No root excavations, invasive decay inspection, or aerial inspections of the trees’ crown were conducted at that time. The following site plan depicts the approximate location of the trees and hardscapes within the subject area of this report. Although this species is found in the immediate area surrounding the town of Ukiah, and many fine examples of the species can be found lining the streets, public and private landscapes, the species is not native to this immediate locale. Coast Redwoods grow in mild humid temperatures with mild wet winters and summers with frequent heavy marine fogs. A large Redwood tree can transpire up to 500 gallons of water per day. In their native range, annual precipitation averages between 25 and 122 inches including summer precipitation from fog. The amount of summer fog in an area seems to limit the species’ range.1 1 Kocher, Susan. 1996. “Why Does Redwood Grow Here?”. A Guide for California Forest Landowners. California Cooperative Extension. http://www.cnr.berkeley.edu/departments/espm/extension/INDEX.HTM Burgess Report Page 2 of 7 12/27/2013 Organic content of the soil should be high with an associated low pH (known as acid soil). Interior leaves turn orange and drop off in late summer. Leaf and woody debris at the base of trees is significant (as a result of dropping dead wood and foliage) and adds to the soil’s organic matter enhancing the moisture retention qualities of the soil. When grown in man-made landscapes adequate space must be provided in order to minimize damage to surrounding hardscapes. Redwoods develop a significant root crown that will sprout identical clones under ideal conditions (stumps will develop into new trees). Pest susceptibility is limited. Bark beetles and several fungus pathogens are known to moderately affect the trees growing under stressed conditions (such as drought affected trees).2 The image above depicts the trees as seen from across the street. The vital measurements are found in the table below. Tree # dbh (dia. of trunk 4.5’ above grade in inches Height in feet Spread of Crown in feet 1 40.5 85 30 2 38.5 80 25 3 30 45 35 The following table lists my individual observations for each tree. Tree # Condition Vigor Notes 1 Color is not prime tending towards yellow/brown, drought stressed exhibiting epicormic shoot growth along the trunk3 Fair to poor (< 6” of annual shoot growth 5” branch failure over driveway, inspect for other cracked branches 2 Color is not prime tending towards yellow/brown, drought stressed exhibiting branch die back, deformed trunk structure @ 30’ above grade Fair to poor (< 6” of annual shoot growth Free broken branch hanging over sidewalk which is a pedestrian hazard, seems less drought stressed than other two trees 3 Broken top, vigorous growth at failure point, Color is not prime tending towards yellow/brown deformed/damaged branches, branch die back, possible fungus canker infection in trunk Fair to poor (< 6” of annual shoot growth Cambium damage and deformed growth to many of the remaining branches at failure point creating pedestrian hazard 2 Urban Forest Ecosystems Institute. Website: http://www.ufei.org/ 3 http://www.bartlett.com/resources/Epicormic-Shoots_UK.pdf Burgess Report Page 3 of 7 12/27/2013 As noted in my specific observations, all of these trees are most definitely drought stressed. This is a result of the trees’ growing location, which is limited due to surrounding hardscapes, the ivy growing in the planting strip and the local climate which is marginal at best for non- irrigated Coast Redwoods. It seems specific remedies have been attempted to account for the needs of these trees in past in the form of widening the planting strip and altering the location of the pedestrian sidewalk. This has allowed the trees to grow without significant damage to the adjacent roadway or sidewalk. However, the available soil moisture for these trees is most definitely not adequate. The species is not a typical street tree because of its tendency to shed and self-prune. This latter tendency is typical for many coniferous species, when lower/older branches with limited access to sun are shaded by higher newer branches and eventually fall off. They then decompose on the forest floor and add organic material to the soil profile. Obviously, this is not something that can be duplicated on a city street because of concerns for public safety. For this reason and because of the significant size and girth of the species many California cities do not consider Coast Redwoods as an ideal street tree. However, that is not to say the species cannot be safely maintained in close proximity to high use areas, such as a city parks or squares. Given these considerations, a rigorous and somewhat intensive set of maintenance practices must be employed to safely maintain this species in a high use area. The term safely maintain is relative given the size of the tree, the species characteristics, and the high use of the surrounding area will always pose a hazard. These hazards can be mitigated to a certain extent, but never completely eliminated, because an intensive inspection program cannot account for unexpected severe weather that may damage a tree the very next day after a tree inspection. Also, hidden structural defects not visible by ground inspections may also result in tree failures. Managing the known hazards can be a Burgess Report Page 4 of 7 12/27/2013 goal for tree owners and officials charged with maintaining public safety, if they accept the fact that any large tree poses a hazard to the public and surrounding property. The current condition of these trees in my opinion poses a significant hazard. The question is whether or not changing the cultural maintenance practices will reduce this hazard. The current condition of the trees (drought stress) has and will continue to result in the trees shedding significant branches. Given their location this is not acceptable. In order to create a reasonable plan to maintain the Coast Redwood planting I would recommend the removal of Tree #3 and an intensive maintenance program for the other two trees for the next growing season. At the end of which time, a further evaluation should be made as to whether the trees have improved in their general condition and their related hazard potential reduced. I believe Tree #3 should be removed for the following reasons: 1. Significant drought damage that contributed to broken top 2. Upper canopy branches damaged when the top broke off 3. Branch die back and damaged scaffold branches that will require excessive pruning resulting in a deformed canopy 4. The presence of a trunk canker from fungus infestation (possibly Botryospheria dothedia, Seridium species or Cytospora canker) related to drought stress, no treatment available except to improve cultural conditions Burgess Report Page 5 of 7 12/27/2013 These images depict the above points. If all of the existing defects and hazards were removed through extensive pruning the remaining tree canopy would be extremely misshapen, structurally unsound and continue to pose a hazard. Therefore, a reasonable course of action would be to remove the tree to a stump and let the existing clonal sprouts grow into a new tree. This option will require that the new sprouts be pruned so as to not block the nearby stop sign and impact vehicular and pedestrian safety. My recommendations during the first year for the remaining trees are as follows: 1. Monitor the deformed trunk area for tree #2, as depicted in the image on the next page. This deformity from unknown causes, perhaps a broken top, should be observed through aerial inspections for any sign of longitudinal crack ing or decay. My ground visual inspection did not reveal any structural defects beyond the deformed trunk structure, but internal defects could predispose the area to failure. 2. Remove the ivy ground cover and its root system and do not let it re-sprout. This task should be performed carefully so the redwood surface roots are not damaged. 3. Increase the size of the planting area, by reducing the sidewalk width to 48” (ADA minimum), and the walkway running perpendicular from the curb into the building to no more than 6’ in width Burgess Report Page 6 of 7 12/27/2013 4. Explore the use of permeable pavers for the remaining sidewalk/walkway areas, which will allow for rainfall to penetrate the root zones. 5. Install an automatic drip irrigation system that will deliver at least 500 gallons 3 times per week to the planting area. The amount of irrigation should be monitored in order to determine the field capacity for the soil, if the soil can accept this level of supplemental irrigation then continue this amount, otherwise adjust according to the field holding capacity of the soil. The goal is to provide consistent available moisture without creating bog-like, low oxygen soil conditions. The 500 gallons should be applied in such a way that it is uniformly applied throughout the planting area. Consistent and careful monitoring is essential in order to create favorable moisture content in the soil. Too much and too little irrigation are equally harmful. 6. Install 6” of redwood shredded bark in the planting area 7. Do not fertilize the area 8. Deadwood the canopy including removing declining branch tips in order to reduce branch failures 9. Inspect the canopy for any damaged or structurally unsound viable branches and remove as needed. Burgess Report Page 7 of 7 12/27/2013 If the trees do not respond to the new cultural practices after one growing season then the trees should be considered for removal because they will continue to shed branches. If the trees color and vigor have changed after one growing season evaluate the new cultural practices. Ideally, shoot growth should double from the current 6 inch growth to 12 inches. If that occurs, continue the above recommendations and consider some minor crown reduction in the form of end weight branch pruning. This should not compromise the photosynthesis ability of the trees. No more than 10% of any branch’s viable overall length should be pruned at the start of the second growing season. The listed cultural practices should continue indefinitely. Annual deadwood removal, 10% branch end weight reduction and aerial inspections should continue as well. I would not recommend planting any understory landscaping until the trees are completely recovered and thriving. If you should have any questions related to this report please do not hesitate to contact me at your convenience. Sincerely, Dan McKenna, Registered Consulting Arborist #445 ASCA Certified Arborist WC356 ISA Exhibit B to the UDJ Lease Leased Premises Document will be prepared by Public Works upon UDJ’s demonstration of Insurance compliance. Agenda Item 12b – Attachment C ATTACHMENT C INSURANCE REQUIREMENTS FOR LESSEES Lessee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the lease by Lessee of the Leased Premises. Verification of Coverage Lessee shall furnish the Lessor with certificates of insurance evidencing coverage required herein, including copies of applicable endorsements. All certificates and policy endorsements are to be received and approved by the Lessor prior to the effective date of the Agreement. Lessor reserves the right to require Lessee to provide Lessor with the portion of the policy effecting coverage and the policy exclusionsThe Lessor reserves the right to require that Lessee provide complete, certified copies of any policy of insurance offered in compliance with these specifications.In the event of a claim and a refusal of the insurance company to accept the tender of the defense or if the company asserts a reservation of rights, the Lessee at the request of the Lessor shall furnish Lessee with a copy of the entire policy of insurance referenced in the certificate of insurance. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). Minimum Limits of Insurance Lessee shall maintain for itself and its officers, representatives, agents, employees, guests, patrons, contractors, subcontractors, licensees, invitees, volunteers and suppliers limits no less thanof: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Deductibles and Self-Insured Retention Any deductibles or self-insured retention must be declared to and approved by the Lessor. At the option of the Lessor. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The Lessor and its officers, officials, employees, agents and volunteers (“Additional Insureds”) are to be covered as additional insured as respects: Agenda Item 12b – Attachment C liability arising out of activities performed by or on behalf of the Lessee; products and completed operations of the Lessee; or premises owned, occupied or used by the Lessee. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. Agenda Item 12b – Attachment C 2. For any claims related to Lessee’s activities pursuant to the Agreement, the Lessee’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds shall be excess of the Lessee’s insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds. 4. The Lessee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5. The Lessee agrees to provide at least thirty (30) days notice to Lessor of any material changes, renewal or cancellation of Each insurance policiesy required by this Lease.clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been received by the Lessor. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.. The Lessor Risk Manager may waive or alter this requirement, or accept self-insurance in lieu of any required policy of insurance if, in the opinion of the Risk Manager, the interests of the Lessor and the general public are adequately protected. Comment [SC1]: Outdated language. Notice provisions are not accomplished by policy endorsement. We as the insured agree to provide appropriate notice of any material change in coverages.