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Home My WebLink About2014-11-19 PacketPage 1 of 3 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 19, 2014 6:00 p.m. REVISED 11/19/14 4:30 P.M. (Agenda Item 13c added) 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation: Electric Utility Department Project Overview. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of November 5, 2014, a 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 October, 2014. b. Award of Bid for Purchase of Two Police Patrol Vehicles in the Amount of $81,156.28 from Ukiah Ford. c. Adopt Disposable Food Ware (Polystyrene Foam) Ordinance. d. Adoption of Resolution Designating Finance Director as Alternate Director to the Redwood Empire Municipal Insurance Fund’s (REMIF) Board of Directors. e. Notification to City Council of the Acquisition of Professional Services (Contract No. 1415- 133) for a SCADA System Upgrade at the Waste Water Treatment Plant (WWTP) to Risun Technologies for a Total Not to Exceed $19,900.00. Page 2 of 3 f. Adopt Plans and Specifications for Spec No. 14-15 Perkins Street Underground District #2 to Install Underground Substructure for the Removal of Overhead Utilities on East Perkins Street Between State Street and Pomeroy Street and Approve Budget Amendment in the Amount of $95,000 for Street Lighting. (EUD). g. Authorization to Execute the NCPA Meter Maintenance Program Agreement Between Northern California Power Agency (NCPA) and Contracting Members (EUD). 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. Consideration and Possible Adoption of a Resolution Ordering Repair of Dilapidated Palace Hotel Structure, Retention of Cota Cole, LLP, and Setting Forth the Conditions for the Initiation of Proceedings Under Health and Safety Code Section 17980.7 to Establish a Receivership for the Palace Hotel Property. 12. UNFINISHED BUSINESS a. Approve Contract Modification with Leonard Charles and Associates for the Talmage Road/U.S. 101 Interchange Realignment Environmental Impact Report, and Associated Budget Amendment. b. Receive Presentation on the Results of the Food Waste Pilot Program and Provide Direction on the Future Handling of Food Waste. 13. NEW BUSINESS a. Amend Professional Services Contract to The Reed Group, Inc. to Include Performing a Sewer Rate Study. b. Consideration and Approval of a Landmark Tree Program and Revisions to the City of Ukiah’s Tree Management Guidelines. c. Re-Budget of Deputy Director of Public Works Water and Sewer Division and Alignment of Both Public Works Deputy Director Positions with the Assistant Electric Director Position. 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Conference with Legal Counsel – Pending Litigation Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case) b. Conference with Legal Counsel – Existing Litigation Page 3 of 3 (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 180-070-19 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and RCMC, LLC Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 003-572-17-00 and 003-572-18-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Donna Mae Cooper Under Negotiation: Price & Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-1400 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Valley Medical Center 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 14th day of November, 2014. Kristine Lawler, City Clerk Agenda Item 5a Page 1 of 4 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 5, 2014 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on November 5, 2014, having been legally noticed on October 31, 2014. Mayor Baldwin called the meeting to order at 6:03 p.m. Roll was taken with the following Councilmembers Present: Steve Scalmanini, Douglas F. Crane, Benj Thomas, Vice Mayor Mary Anne Landis, and Mayor Phil Baldwin. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of October 15, 2014, Regular Meeting. Motion/Second: Crane/Landis to approve the minutes of October 15, 2014, a Regular Meeting as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION URGENCY ITEM: Presenter: Mel Grandi, Electric Utility Department Director. Motion/Second: Landis/Crane to accept urgency item due to timelines and place as Agenda Item 13b. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 7. CONSENT CALENDAR a. Approval of an Amendment to the Cooperative Agreement (COU No. 101712-A1) with CALFIRE for Fire Dispatching Services and Authorize the City Manager to Sign Agreement without an Increase to the Contract – Finance Department. b. Award Professional Services Agreement (COU No. 1415-143) to The Labor Compliance Managers for Labor Compliance Services for Grace Hudson Project, Funded by Prop 84 Grant – Community Services. Motion/Second: Landis/Thomas to approve Consent Calendar Items 7a - 7b as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. City Council Minutes for November 5, 2014, Continued: Page 2 of 4 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 9. COUNCIL REPORTS Presenters: Councilmembers Scalmanini and Crane. 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Jane Chambers City Manager; Sage Sangiacomo, Assistant City Manager; and Charlie Stump, Planning and Community Development Director. 11. PUBLIC HEARINGS a. Introduce Ordinance by Title Only Adding Chapter 10 to Division 5 of the Ukiah City Code Entitled “Disposable Food Ware” – Planning and Community Development. Presenters: Charlie Stump, Planning and Community Development Director and Mike Sweeney, Mendocino County Solid Waste Authority General Manager. PUBLIC HEARING OPENED AT 6:30 P.M. Public Comment: Marlene Schupe, Trudy Morgan, John Johns, and Carole Rosenberg. PUBLIC HEARING CLOSED AT 6:50 P.M. Motion/Second: Landis/Thomas to introduce the ordinance by title only. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk, Kristine Lawler, read the ordinance title. Motion/Second: Landis/Thomas to introduce the ordinance adding Chapter 10 to Division 5 of the Ukiah City Code entitled "Disposable Food Ware." Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. b. Continuance of the Orrs Creek Homes Planned Development Amendment and Precise Development Plan Project to December 3, 2014 – Planning and Community Development. Presenter: Charlie Stump, Planning and Community Development Director. PUBLIC HEARING OPENED AT 6:59 P.M. No public comment received. PUBLIC HEARING CLOSED AT 7:00 P.M. Motion/Second: Crane/Landis to continue this public hearing to the December 3, 2014, City Council Meeting. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. c. Conduct a Public Hearing to Receive Public Comment and Adopt a Resolution Approving the Revised City of Ukiah Community Development Block Grant (CDBG) 2014 Single-Unit Housing Rehabilitation Guidelines. Presenters: Sage Sangiacomo, Assistant City Manager and Shannon Riley, Project and Grant Administrator. PUBLIC HEARING OPENED AT 7:05 P.M. No public comment received. City Council Minutes for November 5, 2014, Continued: Page 3 of 4 PUBLIC HEARING CLOSED AT 7:06 P.M. Motion/Second: Landis/Crane to adopt the resolution (2014-42) approving the revised City of Ukiah 2014 Single-Unit Housing Rehabilitation Guidelines for the Community Development Block Grant (CDBG) Program. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS b. Report from the Ad/Hoc Committee on Homeless Issues and Emergency Shelter and Consideration of a Proposal to Fund a Winter Homeless Shelter and Corresponding Budget Amendment – Community Services Department. Presenters: Councilmember Thomas and Sage Sangiacomo, Assistant City Manager. Public Comment: Jackie Williams, Ford Street Project Director; Aeolian Vincent-dePaule; Libby Guthrie, Homeless Services Ad Hoc Chair; Carole Rosenberg; and John Johns. Motion/Second: Crane/Landis to approve a one-time contribution in the amount of $26,200 to fund a winter homeless shelter and corresponding budget amendment, and authorization for the City Manager to execute any necessary documents. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. RECESS: 7:52 - 7:59 P.M. a. Discussion and Possible Adoption of Resolution of Application to the Mendocino Local Agency Formation Commission to Detach from the Ukiah Valley Sanitation District the Portion of the District Located in the City Limits – Administration. Presenter: David Rapport, City Attorney. Motion/Second: Crane/Landis to adopt the resolution (2014-43) of application, and direct staff to submit to the LAFCO Executive Officer the required documents to initiate detachment proceedings before LAFCO; request from the County Assessor the necessary property tax information to begin negotiations with Mendocino County for a property tax exchange agreement; and take other steps necessary and appropriate to process the application. Require staff to report to the City Council the progress in processing the application and to promptly seek City Council approval as required. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. Discussion and Consideration of an Award of Contract to Rau and Associates for Phase One Engineering of the Public Infrastructure Improvements for the Perkins Street Depot Property and Proposed Courthouse Site in the Amount of $26,420 and Approval of Corresponding Budget Amendment – Administration. Presenters: Sage Sangiacomo, Assistant City Manager and Shannon Riley, Project and Grant Administrator. City Council Minutes for November 5, 2014, Continued: Page 4 of 4 Motion/Second: Landis/Crane to approve the amended contract (COU No. 1415-134-A1) with Rau and Associates for Phase One Engineering for the property at 309 East Perkins Street in amount of $26,420, as proposed during the November 5, 2014 meeting, and the corresponding budget amendment. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. b. Approval of Additional Scope of Work and Contract Amendment with LACO and Associates for Phase II Environmental Assessment at 1350 Hastings Road – Electric Utility Department. Presenter: Mel Grandi, Electric Utility Department Director. Motion/Second: Crane/Landis to approve additional scope of work and contract amendment (COU No. 1415-131-A1) with LACO and Associates for Phase II Environmental Assessment at 1350 Hastings Road. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:46 P.M. 14. CLOSED SESSION a. Conference with Legal Counsel – Pending Litigation Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case) 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 Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1) and 54956.96(b)) Name of case: NCPA et al. v. United States, U.S. Court of Federal Claims no. 14-817C d. Conference with Real Property Negotiators (§54956.8) Property: APN 180-070-19 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and RCMC, LLC Under Negotiation: Price & Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 003-572-17-00 and 003-572-18-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Donna Mae Cooper Under Negotiation: Price & Terms f. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-1400 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Valley Medical Center Under Negotiation: Price & Terms No Action was taken on Closed Session Items. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:53 p.m. ________________________________ Kristine Lawler, City Clerk W.O. GRID SCALE DWG. No. SHEETof - 10 112 PERKINS STREET UNDERGROUND CONVERSION PROJECT TITLE:APPROVED BY: AS BUILT 1401 NONE No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:26pm DATE PERKINS STREET UNDERGROUND CONVERSION PROJECT AMS08-01-14 AMS ” " ® ” TEL 2'&+056#..#6+10&'6#+. NEXT TO POLE "P4" & TRANSFORMER P1198 1"=4' TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL PERKINS ST TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL W.O. GRID SCALE DWG. No. SHEETof - 10 212 TITLE:APPROVED BY: AS BUILT 1401 1" = 20' SCALE 1 " = 2 0 ' DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:27pm NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES PERKINS STREET UNDERGROUND CONVERSION PROJECTAMS08-01-14 AMS MA T C H L I N E A - A S H E E T 3 O F 6 : W.O. GRID SCALE DWG. No. SHEETof - 10 312 TITLE:APPROVED BY: AS BUILT 1401 1" = 20' No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:30pm DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES MA T C H L I N E B - B S H E E T 4 O F 6 MA T C H L I N E A - A S H E E T 2 O F 6 PERKINS STREET UNDERGROUND CONVERSION PROJECTAMS08-01-14 AMS SCALE 1 " = 2 0 ' W.O. GRID SCALE DWG. No. SHEETof - 10 412 TITLE:APPROVED BY: AS BUILT 1401 1" = 20' No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:30pm DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES MA T C H L I N E C - C S H E E T 5 O F 6 MA T C H L I N E B - B S H E E T 3 O F 6 PERKINS STREET UNDERGROUND CONVERSION PROJECTAMS08-01-14 AMS SCALE 1 " = 2 0 ' W.O. GRID SCALE DWG. No. SHEETof - 10 512 TITLE:APPROVED BY: AS BUILT 1401 1" = 20' No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED AMS8-01-14 ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:31pm AMS DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES MA T C H L I N E C - C S H E E T 4 O F 6 PERKINS STREET UNDERGROUND CONVERSION PROJECT MA T C H L I N E D - D S H E E T 6 O F 6 SCALE 1 " = 2 0 ' W.O. GRID SCALE DWG. No. SHEETof - 10 612 TITLE:APPROVED BY: AS BUILT 1401 1" = 20' No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:32pm DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES MA T C H L I N E D - D S H E E T 5 O F 6 AMS8-01-14 AMS PERKINS STREET UNDERGROUND CONVERSION PROJECT SCALE 1 " = 2 0 ' W.O. GRID SCALE DWG. No. SHEETof - - 712 TITLE:APPROVED BY: AS BUILT 1401 AS SHOWN DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:33pm NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES PERKINS STREET CONDUIT LAYOUTAMS08-01-14 AMS TV-2 S-3TV-3 VAULT 35 S-1 (E) TV-1 10MAINN02 TV-4 S-2 COM-1 TV-5 SB-N1 PED 225 CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V EL E C EL E C EL E C EL E C EL E C EL E C EL E C EL E C EL E C EL E C MH-23 TV-6 SB-58 TV-7 TV-8 10MASON09 SB-N2 VAULT 34 PPB-4 TV-9 SB-N2A VAULT 30 PED 86 SWITCH 85 10LESLI02 PPB-7 TV-21 TV-25 TV-24TV-22 TV-23 10ORCHS01 PPB-15 10PERKE26 10PERKE27 PED 29 EL E C EL E C EL E C EL E C EL E C EL E C PED SWITCH EL E C EL E C EL E C EL E C EL E C CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CA T V CA T V CA T V CA T V CA T V CA T V CA T V CA T V CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV SB-N5 P320 S-6 AT&T AT&T ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC AT & T AT & T AT & T CA T V CA T V CA T V EL E C 571 E. Perkins 557 E. Perkins TV-20 SB-N4A S-5 CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV CATV AT&T AT&T AT&T ELEC AT & T AT & T AT & T AT & T CA T V CA T V CA T V CA T V EL E C EL E C 543 E. Perkins529 E. Perkins AT&T AT&T AT&T AT&T AT&T AT&T AT&T 10-2A ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC ELEC VAULT 29 TV-19 SB-N4 S-4 AT & T AT & T CA T V CA T V CA T V CA T V CA T V EL E C 515 E. Perkins505 E. Perkins AT&T EL E C EL E C EL E C EL E C EL E C EL E C EL E C EL E C TV-17 PPB-13 AT&T AT&T AT&T AT&T AT&T CATV CATV CATV CATV CATV CATV ELEC ELEC TV-15 SB-N3 AT&T AT&T AT&T AT&T 407 E. Perkins AT & T CA T V 10-1A S-3APPB-9 SB-N1 P1 TV-18 CATV CATV CATV CATV PED 414 SWITCH 414 ELEC ELEC ELEC EL E C E PERKINS ST LE S L I E S T WA R R E N D R E PERKINS ST E PERKINS S T E PERKINS ST S O R C H A R D A V E PO M E R O Y S T U. S . H I G H W A Y 1 0 1 SB-N1A CATV CATV CATV AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T CATVCATVCATVCATVCATV CATV CATV CATV CATV CATV CATV AT&T AT&T AT&T AT&T AT&T 101 E. Perkins EL E C CA T V CA T V AT & T ELEC ELEC ELEC ELEC ELECELEC E PERKINS ST EL E C EL E C EL E C EL E C EL E C EL E C EL E C EL E C EL E C ELEC ELEC HO S P I T A L D R AT & T MA S O N S T CA T V CA T V CA T V CA T V AT & T AT & T AT & T EL E C EL E C EL E C EL E C EL E C EL E C MH-31 ELEC ELEC ELEC AT&T 245 E. Perkins CA T V E PERKINS ST E PERKINS ST CA T V CA T V CA T V CA T V TV-16 AT & T 10MAINS03 ELEC ELEC VAULT 28 EL E C EL E C P1198 EL E C S-8 S-7 ELEC Y 14' 3' 4.5' 22.5' 8' min PADMOUNT SWITCH 1-6" CONDUIT FROM PADMOUNT SWITCH (FUTURE) EXISTING 1-4" CONDUIT FROM P1902 ORCHARD PLAZA SHOPPING MALL, EXTEND TO PED, AS SHOWN. EXISTING 1-6" CONDUIT FROM VAULT 27 EXTEND TO PADMOUNT SWITCH, AS SHOWN EXISTING 1 - 6" CONDUIT WITH 3-1/0 Al. 12kV CABLE FROM PPB AT 114 S ORCHARD AVE EXTEND TO PED AS SHOWN EXISTING 1-6" CONDUIT FROM VAULT 29 & 1-3" CONDUIT FROM PED 117 (MCDONALDS) EXTEND TO PED AND PADMOUNT SWITCH AS SHOWN PED 1-4" CONDUIT FROM PADMOUNT SWITCH 1-3" CONDUIT FROM PED 117 (MCDONALDS) 1-6" CONDUIT FROM PPB 114 S ORCHARD AVE NOTE: TRENCH DEPTH AND WIDTH AS REQUIRED. 64'0%* %10&7+6&'6#+. VAULT 28, NEW PED & PADMOUNT SWITCH 1"=4' 12.5' 3.5' Property Line Landscape Curb BOW PAVE NARROW STRIPS BETWEEN TRENCHES BOTH SIDES 1-6" CONDUIT FROM VAULT 29 EXTEND TO PADMOUNT SWITCH, AS SHOWN VAULT 29 VAULT 27 VAULT 28 EXISTING 1-6" CONDUIT FROM VAULT 28 EXTEND TO PADMOUNT SWITCH, AS SHOWN BUMPER POST (6) (TYP) UEUD SPEC 326 1502 68" 6"6" 6" 6" 6" 6" 4" 3" 68" 52.5"54.5" INSIDE NORTH WALL INSIDE SOUTH WALL VAULT 28 VAULT 28 54.5" 12" 11" 2' 3.5"1' 11" 2' 3.5"1' 11"2' 3.5" 2' 3.5" 2#&/170659+6%* CONDUIT DETAIL NTS CONDUIT LANDING AREA 8#7.6 2'& 2/5 #/261 8#7.6 #/261 2'& #/261 2 #/261 2 5+0).'.+0'%#$.'&+#)4#/ NTS W.O. GRID SCALE DWG. No. SHEETof - 10 812 TITLE:APPROVED BY: AS BUILT 1401 1" = 20' No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:35pm DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES AMS08-01-14 AMS 117 S ORCHARD AVE VAULT 28 CONDUIT & PM SWITCH DETAILS 6"G 12"W 8"SS 15"SS 3.5'3' 17' 1 - 4" CONDUIT FROM PED "P414" TO PPB 13 C/O WARREN DR AND E PERKINS ST EXISTING 4" CONDUIT WITH 3 - 4/0 AL 64'0%* %10&7+6&'6#+. VAULT 29, PED 414 & PADMOUNT SWITCH 414 1"=4' F.H. 2 - 6" CONDUIT FROM VAULT 29 TO PMS "S414" & 1 - 4" CONDUIT FROM TRANSFORMER AT 529 E PERKINS ST TO PED "P414" 1 - 4" CONDUIT FROM PMS "S414"TO PED "P414" LANDSCAPE AREA - REMOVE AND REPLACE SHRUBBERY AS NEEDED1 - 4" CONDUIT FROM PPB AND 1 - 4" CONDUIT XFMR PED "P414' PADMOUNT SWITCH "S414" 1 - 6" CONDUIT FROM VAULT 29 EXISTING 4" CONDUIT, INTERCEPT AND EXTEND TO PADMOUNT SWITCH "S414", AS SHOWN 1 - 3" CONDUIT TO TRANSFORMER AT 529 E PERKINS ST 1 - 4" CONDUIT FROM TRANSFORMER AT 529 E PERKINS ST TO PED "P414" SERVICE CONDUIT TO 505 E PERKINS ST SECONDARY SERVICE JUNCTION BOX - INTERCEPT EXISTING SERVICE CONDUIT TO 505 E PERKINS ST ELEC FOC SIDEWALK SIDEWALK FOC NEW CATV BOX NEW ATT SERVICE BOX SB-N4 12"11" 2' 3.5" 1' 11" 2' 3.5" 1' 11" 2' 3.5"2' 3.5" 2#&/170659+6%*5 CONDUIT DETAIL NTS CONDUIT LANDING AREA 8#7.6 2'&22/55 #/261 22$ #/28#7.6 612/55 #/261 22$ #/2(41/:(/4 612'&2 5+0).'.+0'%#$.'&+#)4#/ NTS INSIDE WEST WALL INSIDE EAST WALL VAULT 29 VAULT 29 NOT CORRECT DIMENSIONS 68" 6"6" 6" 6" 6" 6" 4" 3" 68" 52.5"54.5"54.5" W.O. GRID SCALE DWG. No. SHEETof - 10 911 TITLE:APPROVED BY: AS BUILT 1401 1" = 20' No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:35pm DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES AMS08-01-14 AMS 414 E PERKINS ST VAULT 29 CONDUIT & PM SWITCH DETAILS 8#7.6 CONDUIT DETIAL NTS Y 1' 30' CL 9' CL3' 4" FINISHED DIM . #/261 8#7.6 #/261 8#7.6 #/261 ,$ #/261 ,$ #/261 ,$ 8#7.6 2'& 5+0).'.+0'%#$.'&+#)4#/ NTS 59+6%* 59+6%* 2'& CONDUIT DETAIL NTS 1' 11" CONDUIT LANDING AREA 2' 3.5" 2' 3.5" 1' 11" 2' 3.5" 1' 2' 3.5" 11" W.O. GRID SCALE DWG. No. SHEETof - 10 1012 317 E. PERKINS STREET VAULT 30 CONDUIT & PM SWITCH DETAILS TITLE:APPROVED BY: AS BUILT 1401 NA SCALE 1" = 100' No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED AMS08-01-14 ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:36pm AMS DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES 10' T E L T E L T E L T E L 6" W MA I N S T %#6868Ä+056#..#6+10&'6#+. NEXT TO POLE 10MAINN03 & S1-(E) 1"=4' 10' 6" W MA I N S T TEL TEL TEL TEL TEL TEL %#6868Ä+056#..#6+10&'6#+. NEXT TO COM-1 & POLE 10MAINS01 1"=4' 10' 6" W MA I N S T %#6868Ä+056#..#6+10&'6#+. NEXT TO POLE 10MAINS03 1"=4' E-TV TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL TEL 3' PERKINS ST 6"SS E-TV E-TV #6 65$Ä0+056#..#6+10&'6#+. NEXT TO POLE "P3" & CATV TV-5 1"=4' #6 65$Ä0#+056#..#6+10&'6#+. NEXT TO POLE 09PERKE01 & TV-2 1"=4' D1 PERKINS ST E-TV 7' D1 4"G W.O. GRID SCALE DWG. No. SHEETof - - 1112 TITLE:APPROVED BY: AS BUILT 1401 AS SHOWN No.DSG. BYREVISIONS APPDCKDBY DATE DRAWNCHECKED AMS08-01-14 ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:36pm AMS DATE NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES PERKINS STREET CATV & AT&T VAULT DETALS W.O. GRID SCALE DWG. No. SHEETof - - 1212 TITLE:APPROVED BY: AS BUILT 1401 AS SHOWN SCALE 1 " = 4 0 ' DATE DRAWNCHECKED ELECTRIC UTILITY DEPARTMENT Drawing name: C:\Users\Al\Documents\AutoCAD Files\City of Ukiah\Perkins St UG Conversion\Perkins OH_UG Conversion Project 1.dwg Plotted on: Nov 13, 2014 - 2:37pm PERKINS STREET STREETLIGHT LAYOUTAMS08-01-14 AMS MA T C H L I N E A - A MA T C H L I N E B - B MA T C H L I N E A - A MA T C H L I N E B - B SCALE 1 " = 4 0 ' SCALE 1 " = 4 0 ' N S T A T E S T MA S O N S T N M A I N S T HO S P I T A L D R E PERKINS ST E PERKINS ST LE S L I E S T WA R R E N D R E PERKINS ST S O R C H A R D A V E PO M E R O Y S T U. S . H I G H W A Y 1 0 1 1 Meter Maintenance Program Agreement METER MAINTENANCE PROGRAM AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND CONTRACTING MEMBERS This Meter Maintenance Program Agreement (“Agreement”) is made by and between the Northern California Power Agency (“NCPA”), a joint public powers agency with offices located at 651 Commerce Drive, Roseville, California and City of Alameda, City of Biggs, City of Gridley, City of Healdsburg, City of Lodi, City of Lompoc, City of Palo Alto, Plumas Sierra Rural Electric Cooperative, City of Oakland (acting through its Board of Port Commissioners) and City of Ukiah, who each are NCPA Members (each being a “Contracting Member” and jointly referred to as “Contracting Members”). NCPA and the Contracting Members are together sometimes referred to herein individually as a “Party” and collectively as the “Parties”. This Agreement is made as of ______________, 20__ (the “Effective Date”) in Roseville, California. Section 1. RECITALS This Agreement is entered into based on the following facts, among others: 1.1 NCPA is a public agency created by a joint powers agreement established under California law for the purpose of assisting its members in the efficient use of their common powers. 1.2 Contracting Members are engaged in, among other things, transmitting and distributing electric power within their respective corporate limits. Contracting Members are also members of NCPA. Contracting Members desire that NCPA provide Contracting Members with the Services (“Services”) described in this Agreement. 1.3 Article III, Section 3 of the “Amended and Restated Northern California Power Agency Joint Powers Agreement” (as amended and effective January 1, 2008) (hereinafter “JPA”) entitled “Powers and Functions” provides that none of the debts, liabilities or oblig ations of NCPA shall be the debts, liabilities or obligations of any of the members of NCPA unless assumed in a particular case by resolution of the governing body of the member to be charged.” Notwithstan ding the foregoing, Article V, Section 1 of the JPA entitled “General Provisions” provides that “[t]he governing Commission of NCPA is authorized to procure public liability and other insurance as it deems advisable to protect NCPA and each of the parties hereto, charging the cost thereof to the operating costs of NCPA.” 1.4 Contracting Members desire to secure Services under this Agreement in a manner that balances their interests and the interests of other NCPA Members with the ongoing financial viability and professional responsibilities of NCPA. Accordingly, Contracting Members desire to secure Services under this Agreement by accepting a limited insurance based recourse against NCPA, with the option of procuring additional insurance at Contracting Members’ sole expense, thereby insuring that NCPA will substantially limit its risk for the provision of such Services which, in turn, allocates risks back to the Contracting Members in the event NCPA is not adequately insured. 2 Meter Maintenance Program Agreement 1.5 Contracting Members operate as Metered Subsystems located within the CAISO Balancing Authority Area, and are parties to the Third Amended and Restated NCPA MSS Aggregator Agreement, as it may be amended from time to time; therefore Contracting Members have obligations to comply with certain provisions of the CAISO tariff applicable to metering equipment, including but not limited to, maintenance, outages, testing, and certification. 1.6 NCPA will provide Services to Contracting Members under this Agreement by acquiring services from Trimark Associates, Inc. (“Contractor”) pursuan t to the General Services Agreement Between the Northern California Power Agency and Trimark Associates, Inc. dated as of _____________, 20__ (“Service Agreement”). 1.7 Contracting Members desire to secure NCPA’s Services under this Agreement to manage the maintenance, repair, testing, certification, installation, replacement, and removal of the metering equipment listed in Exhibit C of the Service Agreement, which is owned or operated by Contracting Members. NOW THEREFORE, in consideration of the mutual covenants and promises set forth, NCPA and Contracting Members agree as follows: Section 2. DEFINITIONS Whenever used in this Agreement with initial capitalization, these terms shall have the following meanings as applicable, whether in the singular or plural: 2.1 “All Resources Bill” shall mean the single, combined monthly bill from NCPA to a NCPA member, with respect to all NCPA programs and projects. 2.2 “Annual Budget” shall mean the budget for the ensuing Fiscal Year adopted by the Commission, as may be amended from time to time. 2.3 “Balancing Authority” shall mean the responsible entity that integrates resource plans ahead of time, maintains load-interchange-generation balance within a Balancing Authority Area, and supports interconnection frequency in real time. 2.4 “Balancing Authority Area” shall mean the geographic territory over which a Balancing Authority exercises jurisdiction. 2.5 “CAISO” shall mean California Independent System Operator, a non-profit benefit corporation acting as a Balancing Authority and responsible for the provision of fair and open transmission access, and maintaining reliable and efficient operation of the grid, within portions of the State of California, or its successor Balancing Authority. 2.6 “Commission” shall mean the NCPA Commission. 2.7 “Contractor” shall mean Trimark Associates, Inc., the counterparty to NCPA on the Service Agreement. 3 Meter Maintenance Program Agreement 2.8 “Fiscal Year” shall mean the NCPA fiscal year, a twelve month period beginning July 1 and ending on the next following June 30. 2.9 “Good Utility Practice” shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result of the lowest reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region and consistently adhered to by the electric utility industry. 2.10 “Metered Subsystem” or “MSS” shall mean a geographically contiguous electrical system, recognized by CAISO as a MSS, which operates as a publicly owned utility, state agency or federal power marketing authority within the Balancing Authority Area in which all electrical flows into or out of the MSS are measured by CAISO certified revenue quality meters at each interface point with the CAISO controlled grid, and all generating units or resources, including proxy demand resources internal to the MSS, measured by CAISO certified revenue quality meters, and which is operated in accordance with a CAISO approved MSS agreement. 2.11 “NCPA Member” or “Member” shall mean a signatory to the JPA or those agencies which have executed an Associate Member Agreement with NCPA. 2.12 “Scheduling Coordinator” shall mean an entity certified by the CAISO to transact in the CAISO market. 2.13 “Service Agreement” shall mean the General Services Agreement Between Northern California Power Agency and Trimark Associates, Inc., dated _____________, 20__, for the provision of metering equipment maintenance. 2.14 “Uncontrollable Force” shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm, flood, earthquake, explosion, any curtailment, order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities or any other cause beyond the reasonable control of the Party claiming Uncontrollable Force which could not be avoided through the exercise of Good Utility Practice. Section 3. SERVICES TO BE PROVIDED; AUTHORIZED REPRESENTATIVES; STANDARD OF PERFORMANCE 3.1 Services. This Agreement is entered into by the Parties in order for NCPA to provide services to Contracting Members as described in the Scope of Services, Exhibit A attached hereto and incorporated herein. (“Services”). 3.2 Authorized Representatives. The Authorized Representatives of the Parties for contract administration purposes under this Agreement are listed in Section 12.8. 4 Meter Maintenance Program Agreement No Authorized Representative is authorized to amend any provision of this Agreement except in accordance with Section 12.16. 3.3 Standard of Performance. NCPA will perform and or oversee, as applicable, the Services using that level of skill and attention reasonably required to complete the Services in a competent and timely manner. 3.4 Assignment of Personnel. NCPA shall assign only competent personnel to perform Services pursuant to this Agreement. 3.5 Time. NCPA shall devote such time to the performance of Services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 3.3 above, and to satisfy NCPA’s obligations hereunder. 3.6 Service Agreement. Contracting Members acknowledge that NCPA will provide all Services through the Service Agreement, rather than using NCPA employees, and that NCPA’s direct Services are limited to the administration of the Service Agreement on behalf of the Contracting Members. 3.7 Operational Contact. Each Party shall identify a representative to act as its Operational Contact. Each Operational Contact will be the first point of contact for the Parties regarding coordination of Services provided under this Agreement and the Service Agreement. Each Operational Contact is listed in Exhibit B of this Agreement. Section 4. TERM AND TERMINATION 4.1 Authorization to Perform Services. NCPA is not authorized to perform any initial Services or incur any costs whatsoever under the terms of this Agreement until its receipt of a written resolution and/or other appropriate/applicable authorization from each Contracting Member’s governing body confirming Contracting Member’s authority to enter into this Agreement and confirming that the Contracting Member has allocated funds for and approved contract payments to NCPA under this Agreement. 4.2 Term. The term of this Agreement is intended to be consistent with that of the Service Agreement. The term of this Agreement shall begin on the Effective Date and shall end upon the termination date of the Service Agreement, as such Service Agreement termination date may be extended or shortened pursuant to that Agreement. Section 5. INDEMNITY AND INSURANCE 5.1 Limitation of NCPA’s Liability. 5.1.1 Except as provided in this Section 5.1, NCPA shall not at any time be liable for any injury or damage occurring to a Contracting Member or any other person or property from any cause whatsoever arising out of this Agreement, including the actions or inaction of Contractor. 5 Meter Maintenance Program Agreement 5.1.2 The provisions of Section 5.1.1 shall not apply where the injury or damage occurring to a Contracting Member is caused by the negligence of NCPA or of any employee, agent or contractor of NCPA, other than Contractor, and provided that any liability under this subsection is limited to the extent of the actual coverage and coverage limits of the NCPA insurance policies described in this Section 5. 5.1.3 Notwithstanding Section 5.1.2 above, the Contracting Members agrees to reimburse NCPA, in a timely manner, for all deductibles and/or self-insured retentions payable for any claim, liability or damage arising out of this Agreement. 5.2 Indemnification of NCPA. Except as specified in Section 5.1.2 above, Contracting Members shall, at their sole cost and expense, indemnify and hold harmless NCPA and all associated, affiliated, allied, member and subsidiary entities of NCPA, now existing or hereinafter created, and their respective officers, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as “Indemnitees”), from and against any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be imposed upon, incurred by or be asserted against the Indemnitees arising out of this Agreement. 5.3 Defense of Indemnitees. In the event any action or proceeding shall be brought against the Indemnitees by reason of any matter for which the Indemnitees are indemnified hereunder, Contracting Members shall, upon reasonable prior written notice from any of the Indemnitees, at Contracting Members’ sole cost and expense, resist and defend the same with legal counsel mutually selected by Indemnitee and the Contracting Members, unless mutual selection of counsel is expressly prohibited by an applicable insurance policy; provided however, that neither Indemnitee nor Contracting Members shall admit liability in any such matter or on behalf of the other without express written consent, which consent shall not be unreasonably withheld or delayed, nor enter into any compromise or settlement of any claim for which Indemnitees are indemnified hereunder without prior express written consent. The Contracting Members’ duty to defend shall begin upon receipt of a written notice identifying with specificity the allegations that give rise to this duty to defend. 5.4 Notice. The Parties shall give each other prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section 5. 5.5 Insurance. During the term of the Agreement and prior to beginning any work under this Agreement, NCPA shall maintain, or cause to be maintained, in full force and effect, and at its sole cost and expense, the types and limits of liability insurance as are annually approved by the Commission. The types and limits of liability insurance that are applicable to this Agreement are evidenced in policy summaries, which are attached hereto as Exhibit C and incorporated herein. NCPA warrants and represents that the types of liability insurance and coverage limits shown in Exhibit C are in full force and effect and shall remain so during the term of this Agreement unless NCPA gives prior written notification (of not less than 30 days) of modification, cancellation or rescission of such coverage. 6 Meter Maintenance Program Agreement 5.6 Contracting Member’s Acknowledgment of Option to Secure Additional Insurance. Each Contracting Member acknowledges that there are limitations on NCPA’s liability to Contracting Member under this Section 5 and that each Contracting Member may need to purchase additional insurance of its own to cover the additional risks and the potential additional liabilities it is assuming under this Agreement. Each Contracting Member agrees that it will cause, with respect to any additional insurance it obtains or which is otherwise available to Contracting Member, its insurer(s) to issue an endorsement providing a waiver of subrogation rights as to Indemnitees. 5.7 Survival of Obligations. The defense and indemnity obligations of Section 5 shall survive the termination of this Agreement. 5.8 Contractor Insurance and Liability. The Service Agreement obligates the Contractor to maintain certain insurance. Nothing in this Section 5 shall limit the right of a Contracting Member to recover damages from the Contractor, whether or not covered by such insurance; provided, however, the Contracting Member shall defend, indemnify and hold NCPA harmless against any subrogation or other claims by Contractor against NCPA pursuant to Sections 5.2 and 5.3. Section 6. COMPENSATION AND CHARGES 6.1 Compensation and Charges. Each Contracting Member hereby agrees to reimburse NCPA for all costs NCPA incurs for providing Services to Contracting Member. Charges for the Services provided hereunder shall be the sum of (a), (b) and (c) below: (a) Annual Service Fees. Charges for Services provided hereunder include a fixed annual fee listed in Exhibit B of the Service Agreement. Each Contracting Member’s allocated share of the annual fee for Services provided hereunder is equal to the sum of the annual cost per site listed in Exhibit C of the Service Agreement, as adjusted for each annual period, for the Equipment owned by the Contracting Member. (b) Hourly Service Fees. Certain Services provided hereunder are performed on a time and materials basis, and charges for such Services are based on the hourly rate schedule listed in Exhibit B of the Service Agreement. Service fees for activities that are performed on a time and materials basis will be charged to each Contracting Member based on actual Services provided. (c) Management Costs. NCPA management costs set forth in NCPA’s then current Annual Budget (including amounts necessary to reimburse NCPA for the time expended by its employees and agents in administering this Agreement, including all attorneys fees), and other reimbursable expenses incurred in performing the Services. The Annual Budget will be updated and approved by the Commission, as it deems necessary, but not less than each year in connection with NCPA’s Annual Budget process. Such approved updates will reflect NCPA’s then current estimated annual cost for performing such continued Services. 7 Meter Maintenance Program Agreement Contracting Member shall pay NCPA for Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified herein shall be the only payments from Contracting Member to NCPA for Services rendered pursuant to this Agreement. NCPA shall submit all invoices to Contracting Member in the manner specified herein. The Parties acknowledge and agree that compensation paid by Contracting Members to NCPA under this Agreement is based upon NCPA’s estimated costs of providing the Services required hereunder, including salaries and benefits of employees and the costs of Contractor under the Service Agreement, and that the compensation to be paid shall be adjusted by NCPA so as to fully recover its costs of the Services. 6.2 The Parties agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which NCPA and its employees, agents, and subcontractors may be eligible. Contracting Members therefore have no responsibility for such contributions beyond compensation required under this Agreement. Section 7. BILLING AND PAYMENT 7.1 Invoices. NCPA shall submit invoices to each Contracting Member in the form of the All Resources Bill, based on the cost for Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall be accompanied with adequate and proper supporting information and documentation for the Services performed, if and as applicable. 7.2 Monthly Payment. Contracting Members shall make payments, based on invoices received, for Services performed, and for authorized reimbursable costs incurred as specified herein. Payments shall be remitted directly to: Northern California Power Agency 651 Commerce Drive Roseville, California 95678 Attn: Accounts Receivable Except for an “Uncontrollable Force” as described in Section 9 hereof, any amount due and payable but not paid by a Contracting Member by no later than the invoice due date set forth on the invoice shall bear interest at the per annum prime rate (or reference rate) of the Bank of America NT & SA, then in effect, plus two percent per annum computed on a daily basis until paid. NCPA will mail all invoices within 24 hours of the invoice date thereon. The postmark date on the envelope containing payment by check shall be used to determine timeliness of payment, except that payments received later than seven (7) days after the due date shall be declared late without regard to postmark date. An invoice coming due on a Friday, holiday, or weekend shall be due on the next following nationally recognized working day. 7.3 Billing Dispute. If all or any portion of a bill is disputed by a Contracting Member, the entire amount of the bill shall be paid when due, and NCPA’s Authorized Representative shall 8 Meter Maintenance Program Agreement be concurrently provided written notice of the disputed amount and the basis for the dispute. NCPA shall reimburse any amount determined to have been incorrectly billed, within ten (10) days after such determination. 7.4 Total Payment. Each Contracting Member shall pay for the Services to be rendered by NCPA pursuant to this Agreement. Contracting Member shall not pay any additional sum for any expense or cost whatsoever incurred by NCPA in rendering Services pursuant to this Agreement other than the payments provided for herein unless the Agreement has been modified by a properly executed amendment in accordance with Section 12.16 this Agreement. 7.5 Reimbursable Expenses. Reimbursable expenses not contained in the Agreement or the Exhibits of the Agreement are not chargeable to Contracting Members. 7.6 Payment of Taxes. NCPA is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 7.7 Payment upon Termination. Upon termination, Contracting Members shall compensate NCPA for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of termination. NCPA shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Section 8. STATUS OF NCPA 8.1 Independent Contractor. At all times during the term of this Agreement, NCPA shall be an independent contractor and shall not be an employee of Contracting Members. Contracting Members shall have the right to control NCPA only insofar as the results of NCPA's Services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 3.4; however, otherwise Contracting Members shall not have the right to control the means by which NCPA accomplishes Services rendered pursuant to this Agreement. Notwithstanding any other agency, state, local or federal policy, rule, regulation, law, or ordinance to the contrary, NCPA and any of its employees, agents, and subcontractors providing Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by Contracting Members, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of Contracting Members and entitlement to any contribution to be paid by Contracting Members for employer contributions and/or employee contributions for PERS benefits. Section 9. UNCONTROLLABLE FORCES 9.1 Obligations of the Parties, other than those to pay money when due, shall be excused for so long as and to the extent that failure to perform such obligations is due to an Uncontrollable Force; provided, however, that if either Party is unable to perform due to an Uncontrollable Force, such Party shall exercise due diligence to remove such inability with reasonable dispatch. Nothing contained in this Agreement shall be construed as requiring a Party to settle any strike, lockout, or labor dispute in which it may be involved, or to accept any permit, certificate, contract, or any other service agreement or authorization necessary for the performance 9 Meter Maintenance Program Agreement of this Agreement which contains terms and conditions which a Party determines in its good faith judgment are unduly burdensome or otherwise unacceptable. 9.2 Each Party shall notify the other promptly, by telephone to the other Party’s Operational Contact identified in Exhibit B, attached hereto and incorporated herein and Authorized Representative identified in Section 3.2, upon becoming aware of any Uncontrollable Force which may adversely affect the performance under this Agreement. A Party shall additionally provide written notice in accordance with Section 12.8 to the other Party within 24 hours after providing notice by telephone. Each Party shall notify the other promptly, when an Uncontrollable Force has been remedied or no longer exists. Section 10. LEGAL REQUIREMENTS 10.1 Governing Law. The laws of the State of California shall govern this Agreement, without regard for the choice of law doctrine. 10.2 Compliance with Applicable Laws. NCPA and Contractor shall comply with all laws applicable to the performance of the Services hereunder. 10.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, NCPA and Contractor shall comply with all applicable rules and regulations to which Contracting Members are bound by the terms of such fiscal assistance program, provided that the affected Contracting Members shall have provided notice of such rules and regulations to NCPA prior to the approval of this Agreement. 10.4 Licenses and Permits. NCPA represents and warrants to Contracting Members that NCPA and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. NCPA represents and warrants to Contracting Members that NCPA and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. 10.5 Nondiscrimination and Equal Opportunity. NCPA shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by NCPA under this Agreement. NCPA shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of NCPA thereby. Section 11. KEEPING AND STATUS OF RECORDS 11.1 Records Created as Part of NCPA’s Performance. All reports, data, maps, models, 10 Meter Maintenance Program Agreement charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that NCPA prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the affected Contracting Members. NCPA hereby agrees to deliver those documents to Contracting Members upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the Contracting Members and are not necessarily suitable for any future or other use. The Parties agree that, until final approval by Contracting Members, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both affected Parties, except as may otherwise be required by applicable law. 11.2 NCPA’s Books and Records. NCPA shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for Services or expenditures and disbursements charged to a Contracting Member under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to NCPA pursuant to this Agreement. 11.3 Inspection and Audit of Records. Any records or documents that Section 11.1 of this Agreement requires NCPA to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the Contracting Members. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Contracting Members or as part of any audit of the Contracting Members, for a period of three (3) years after final payment under the Agreement. 11.4 Confidential Information and Disclosure. During the term of this Agreement, either Party (“Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other Party (“Receiving Party”). All such Information made available in a tangible medium of expression (such as, without limitation, on paper or by means of magnetic tapes, magnetic disks or other computer media) shall be marked in a prominent location to indicate that it is the confidential, proprietary and trade secret information of Disclosing Party at the time of disclosure to Receiving Party. Receiving Party shall hold Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Receiving Party shall not attempt to reverse engineer or in any manner create any product or information which is similar in appearance to or based on the Information provided by Disclosing Party. Receiving Party shall not disclose Disclosing Party’s Information to any person other than Receiving Party’s employees, agents, contractors and subcontractors who have a need to know in connection with this Agreement. Receiving Party’s confidentiality obligations hereunder shall not apply to any portion of Disclosing Party’s Information which: (a) Has become a matter of public knowledge other than through an act or omission of Receiving Party; (b) Has been made known to Receiving Party by a third party in accordance with such 11 Meter Maintenance Program Agreement third party’s legal rights without any restriction on disclosure; (c) Was in the possession of Receiving Party prior to the disclosure of such Information by Disclosing Party and was not acquired directly or indirectly from the other party or any person or entity in a relationship of trust and confidence with the other party with respect to such Information; (d) Receiving Party is required by law to disclose; or (e) Has been independently developed by Receiving Party from information not defined as "Information" in this Agreement, as evidenced by Receiving Party's written records. Receiving Party shall return or destroy Disclosing Party’s Information (including all copies thereof) to Disclosing Party promptly upon the earliest of any termination of this Agreement or the Disclosing Party’s written request. Notwithstanding the foregoing, Receiving Party may retain one copy of such Information solely for archival purposes, subject to the confidentiality provisions of this Agreement. The parties understand that each party is a public entity and is subject to the laws that may compel either to disclose information about the other’s business. Section 12. MISCELLANEOUS PROVISIONS 12.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 12.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Placer or in the United States District Court for the Eastern District of California. 12.3 Severability. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable by federal or state statute or regulation, but the remaining portions of the Agreement can be enforced without failure of material consideration to any Party, then the remaining provisions shall continue in full force and effect. To that end, this Agreement is declared to be severable. Provided, however, that in the event any provision is declared to be invalid, void or unenforceable, either Party may terminate this Agreement upon ten (10) days written notice given within five (5) days of receipt of notice of final entry of judgment. 12.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 12.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 12.6 Use of Recycled Products. NCPA shall endeavor to prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 12 Meter Maintenance Program Agreement 12.7 Conflict of Interest. NCPA shall not employ any Contracting Member official or employee in the work performed pursuant to this Agreement. No officer or employee of Contracting Members shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. 12.8 Notices. Unless this Agreement requires otherwise, any notice, demand or request provided for in this Agreement, or served, given or made shall become effective when delivered in person, or sent by registered or certified first class mail, to the persons specified below: Northern California Power Agency Donna Stevener Assistant General Manager; Administrative Services Northern California Power Agency 651 Commerce Drive Roseville, CA 95678 With a copy to: Michael F. Dean General Counsel Northern California Power Agency Meyers Nave 555 Capitol Mall, Suite 1200 Sacramento, CA 95814 Alameda Municipal Power Glenn Steiger General Manager Alameda Municipal Power 2000 Grand Street PO Box H Alameda, CA 94501 City of Biggs Mark Sorensen Utility Director City of Biggs 465 “C” Street PO Box 307 Biggs, CA 95917 City of Gridley 13 Meter Maintenance Program Agreement Rob Hickey Utility Director City of Gridley 685 Kentucky Street Gridley, CA 95948 City of Healdsburg Terry Crowley Utility Director City of Healdsburg 401 Grove Street Healdsburg, CA 95448 City of Lodi Elizabeth Kirkley Utility Director City of Lodi 1331 Ham Lane Lodi, CA 95242 City of Lompoc Larry Bean Utility Director City of Lompoc 100 Civic Center Plaza PO Box 8001 Lompoc, CA 93436 City of Palo Alto Valerie Fong Utility Director City of Palo Alto 250 Hamilton Avenue PO Box 10250 Palo Alto, CA 94301 Plumas Sierra Rural Electric Cooperative Bob Marshall Utility Director Plumas Sierra Rural Electric Cooperative 732233 Highway 70 Portola, CA 96122 14 Meter Maintenance Program Agreement Port of Oakland Jill Bornor-Brown Utility Director Port of Oakland 530 Water Street PO Box 2064 Oakland, CA 94604 City of Ukiah Mel Grandi Utility Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Whenever it is required, permitted, or desired in this Agreement that written notice or demand be given by any Party to any other Party, such notice or demand may be either personally served or sent by United States Mail, or facsimile. Notice shall be deemed to have been given when personally served, when deposited in the United States Mail, certified or registered with postage prepaid and properly addressed, or when transmitted by facsimile provided however, notices delivered by facsimile shall only be effective if delivered during regular business hours on a day that is considered a regular business day for NCPA by the involved Parties. 12.9 Integration; Incorporation. This Agreement, including all the Exhibits attached hereto, represents the entire and integrated agreement between Contracting Members and NCPA relating to the subject matter of this Agreement, and supersedes all prior negotiations, representations, or agreements, either written or oral. 12.10 Dispute Resolution. If any dispute arises between the Parties that cannot be settled after engaging in good faith negotiations, the Parties agree to resolve the dispute in accordance with the following: 12.10.1 Each Party shall designate a senior management or executive level representative to negotiate any dispute; 12.10.2 The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority. 12.10.3 If the issue remains unresolved after ONE HUNDRED AND TWENTY (120) days of good faith negotiations, despite having used their best efforts to do so, either Party may pursue whatever other remedies may be available to it. 12.10.4 This informal resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code § 900, et seq. 15 Meter Maintenance Program Agreement 12.11 Other Agreements. This Agreement is not intended to modify or change any other agreement between any of the Parties, individually or collectively. 12.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 12.13 Obligations Several. The duties, obligations and liabilities of the Parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall ever been construed to create an association, trust, partnership or joint venture or to impose a trust or partnership duty, obligation or liability on or with regard to either Party. Each Party shall be individually and severally liable for its own obligations under this Agreement. 12.14 Effect of Section Headings. Section headings and subheadings appearing in this Agreement are inserted for convenience only and shall not be construed as interpretation of text. 12.15 Authority of Signatories. The signatories hereby represent that they have been appropriately authorized to execute this Agreement on behalf of the Party for whom they sign. 12.16 Amendments. 12.16.1 Deemed Approved Amendments. It is understood and agreed by the Parties that any NCPA Commission approved update to the then current NCPA Annual Budget rates and charges related to Services to be performed under this Agreement is deemed an approved amendment to this Agreement. 12.16.2 Addition or Removal of Equipment. The Parties may, only by a writing signed by the Authorized Representative of NCPA, the Authorized Representative of affected Contracting Member and Contractor, add or remove metering equipment listed in Exhibit C of the Service Agreement that is owned or operated by a Contracting Member, and such changes to Exhibit C of the Service Agreement shall not constitute an amendment to this Agreement. 12.16.3 Authorized Representatives, Addresses for Notice and Operational Contacts. Any Party may, by providing written notice to the other Parties, modify either the identity or address for its Authorized Representative as identified in Section 3.2, may amend its address for notice as provided in Section 12.8, or modify the identity or contact information for its Operational Contact as identified in Exhibit B. 12.16.4 Amendments in General. Except as otherwise provided in this Section 12.16, the Parties may amend this Agreement only by a writing signed by all the Parties following each Party’s receipt of written resolution/authorization from their governing bodies, which resolutions/authorizations shall be condition precedents to any amendments of this Agreement and shall be attached as Exhibits to this Agreement. 16 Meter Maintenance Program Agreement The Parties have executed this Agreement as of the Effective Date. Northern California Power Agency City of Alameda ________________________________ _____________________________________ JAMES H. POPE, General Manager Attest: Attest: ________________________________ _____________________________________ Assistant Secretary of the Commission Approved as to Form: Approved as to Form: ________________________________ _____________________________________ General Counsel City of Biggs City of Gridley ________________________________ _____________________________________ Attest: Attest: ________________________________ _____________________________________ Approved as to Form: Approved as to Form: ________________________________ _____________________________________ 17 Meter Maintenance Program Agreement City of Healdsburg City of Lodi ________________________________ _____________________________________ Attest: Attest: ________________________________ _____________________________________ Approved as to Form: Approved as to Form: ________________________________ _____________________________________ City of Lompoc City of Palo Alto ________________________________ _____________________________________ Attest: Attest: ________________________________ _____________________________________ Approved as to Form: Approved as to Form: ________________________________ _____________________________________ 18 Meter Maintenance Program Agreement Plumas Sierra Rural Electric Cooperative City of Oakland (Acting through its Board of Commissioners) ________________________________ _____________________________________ Attest: Attest: ________________________________ _____________________________________ Approved as to Form: Approved as to Form: ________________________________ _____________________________________ City of Ukiah ________________________________ Jane Chambers, City Manager Attest: ________________________________ Kristine Lawler, City Clerk Approved as to Form: ________________________________ David Rapport, City Attorney 19 Meter Maintenance Program Agreement EXHIBIT A SCOPE OF SERVICES In accordance with the terms of this Agreement NCPA will manage, on behalf of Contracting Members, the acquisition of Services (or “Work” as referred to in the Service Agreement) from Contractor as provided below. Pursuant to the Service Agreement, Contractor will provide the Services listed in Exhibit A herein, in coordination with NCPA. It is intended that this Scope of Services be consistent with, and not more broad than, the Scope of Work set forth in the Service Agreement. The Scope of Work provided in accordance with this Agreement and the Service Agreement are described below, and have been made for the purpose of monitoring, maintaining and repairing Supervisory Control and Data Acquisition systems (“SCADA”), metering equipment (including CAISO revenue quality metering equipment), and any communications or interface devices provided by Contractor (all of which are referred to herein as “Equipment”) located at or installed on the premises of the Contracting Members’ sites (“Project Sites”) listed in Exhibit C of the Service Agreement. Pursuant to this Agreement and the Service Agreement, Contractor agrees to perform the following Services: 1. Support for failures of Equipment: a. Provide remote network or dial-in support service to troubleshoot and make repairs of the Equipment located at each Project Site for any reported failures within: (i) four (4) hours from the time support is requested during business hours, or (ii) within 24 hours from the time support is requested during any hours that are not business hours; b. Provide support service at each Project Site (if necessary) within one (1) business day following a reported failure related to the Equipment; and c. Provide one (1) annual emergency visit for each Project Site (if necessary) to repair or replace failed Equipment, including travel and other expenses as incurred by Contractor. For the purpose of this Exhibit A, “business hours” are defined as 8:00 a.m. through 5:00 p.m . (PT), Monday through Friday, not including Federal Reserve Bank holidays. 2. Equipment monitoring and maintenance: a. Conduct one (1) annual maintenance inspection and assessment of the Equipment at each Project Site; such includes: i. Clean the computer equipment, perform backups and updates; ii. Replace the meter battery (on a two (2) year cycle) and conduct a meter registration test (annually); iii. Inspect Equipment for any corrosion, deterioration or other pending circumstances that may lead to or make failure eminent; and 20 Meter Maintenance Program Agreement iv. Maintain current configuration files and documentation on the Equipment, including databases and configuration detail for SCADA 3. Miscellaneous Work performed on a time and materials basis: a. Upon request made by Agency to Contractor, Contractor may perform Work consistent with the general scope of work performed in accordance with the Service Agreement; the general descriptions of tasks and hourly fees for such Work are further described in Table B of Exhibit B of the Service Agreement. 21 Meter Maintenance Program Agreement EXHIBIT B CONTRACTING MEMBERS’ AND NCPA OPERATIONAL CONTACTS The following is a list of each Party’s Operational Contacts: Northern California Power Agency Steve Rawson Computer Technology Analyst-SCADA 651 Commerce Drive Roseville, CA 95678 Office Phone: 916-781-4285 Fax: 916-781-4226 Email: steve.rawson@ncpa.com Alameda Municipal Power Robert Mackey Electric Equipment Superintendent Office Phone: 510-748-3958 Email: MACKEY@alamedamp.com City of Biggs Gary Davidson Electric Superintendent Office Phone: 530-846-5954 Fax: 530-846-8310 Email: gdavidson@gridley.ca.us City of Gridley Rob Hickey City Administrator Office Phone: 530-846-5695 Fax: 530-846-3229 Email: rhickey@gridley.ca.us City of Healdsburg Primary Contact Todd Woolman Electric Superintendent Office Phone: 707-431-3341 22 Meter Maintenance Program Agreement Cell Phone: 707-480-6485 Email: twoolman@ci.healdsburg.ca.us Secondary Contact Terry Crowley Electric Utility Director Office Phone: 707-431-3340 Cell Phone: 707-490-8808 Email: tcrowley@ci.healdsburg.ca.us After-Hours Contact Healdsburg Police Department 707-431-3377 City of Lodi Charles Berry Electric Utility Superintendent Office Phone: 209-333-6764 Email: cberry@lodi.gov City of Lompoc Marty Hostler, P.E. Electric Utility Division Manger Office Phone: 805-875-8296 Cell Phone: 805-315-7055 Fax: 805-875-8296 Email: m_hostler@ci.lompoc.ca.us City of Palo Alto Rick Baptist Electrical Systems Supervisor, Substations / SCADA Office Phone: 650-496-6902 Cell Phone: 650-444-5055 Email: Richard.Baptist@CityofPaloAlto.org Plumas Sierra Rural Electric Cooperative Primary Contact Greg Lohn Office Phone: 530-832-6026 Cell Phone: 530-251-7449 Email: glohn@psrec.coop Secondary Contact 23 Meter Maintenance Program Agreement Jason Harston Office Phone: 530-832-6035 Cell Phone: 530-249-4605 Email: jharston@psrec.coop Port of Oakland Valerie Zabb-Parmley Office Phone: 510-563-3941 Cell Phone: 510-715-9905 Email: vzabbparmley@portoakland.com City of Ukiah Mel Grandi, P.E. Electric Utility Director Office Phone: 707-463-6295 Cell Phone: 209-747-0546 Fax: 707-463-6204 Email: mgrandi@cityofukiah.com 24 Meter Maintenance Program Agreement EXHIBIT C NCPA SUMMARIES OF LIABILITY INSURANCE See the attached Summaries of the following insurance coverage: 1. Workers’ Compensation & Employer’s Liability 2. Automobile Liability & Physical Damage 3. Excess Liability 4. Professional Liability 2328439.3 14/11/2014 1 Food Waste Report for the City of Ukiah November 19, 2014 Ukiah Waste Solutions Waste Stream Use Exploration Ad Hoc Committee BACKGROUND Food Waste Program 14/11/2014 2 Food Waste Pilot Program Goals 1.Analyze costs and benefits of food waste diversion 2.Present menu of options for an ongoing food waste program to Council for decision-making purposes 3.Continue increasing City’s overall solid waste diversion rate – as per AB341 goal and collection contract Waste Collection Agreement Sec. 5.4 “…Company shall commence a pilot Food Waste Collection program for Commercial and Institutional Properties as soon as possible but by no later than June 1, 2013. No later than six months after commencement of such pilot program, Company and City will develop the specific terms, including applicable Rates and methods of collection, for an ongoing Food Waste Collection program for all Residential, Commercial and Institutional Properties, subject to Company’s obtaining all necessary permits. In developing such a program Company shall provide City with a list of any proven options, including, but not limited to, open air composting, in vessel composting and anaerobic digestion, information about potential impact on rates, and environmental benefits of each alternative. City may request additional information before approving a program.” 14/11/2014 3 46% 59% 63% 69% 72% 64% 68% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2007 2008 2009 2010 2011 2012 2013 City of Ukiah Diversion Rate Equivalent (DRE) Total Waste Stream Ukiah’s Recent Waste Diversion Trends Pilot Program Overview Phase 1: Commercial & Institutional Food Waste –April 2013-present (18 months) –Offer to all 80 commercial FW generators in City –Free to participants Phase 2: Residential Food Waste –June 2014-present (5 months) –Offer to all 4,404 households in City –Free to participants 14/11/2014 4 PHASE 1: COMMERCIAL & INSTITUTIONAL Food Waste Pilot Invitation and brochure mailed to 80 food service businesses, including restaurants, grocery stores, facilities that provide food service (schools, hospital, jail, assisted living facilities, etc). The pilot phase is FREE to participants. 14/11/2014 5 Outreach •Mailed invitations to 80 commercial customers – all customers that generate food waste. •Called or visited all 80 to invite or query why they chose not to participate. •Conducted preliminary waste assessments, facility inspections and interviews with each participant. •Provided staff training for participants and their employees to minimize contamination. For the purposes of the pilot, food waste consists of items shown below 14/11/2014 6 PHASE 2: RESIDENTIAL Food Waste Pilot 14/11/2014 7 Outreach •Prepared colorful invitation to participate in pilot (English/Spanish) •City mailed invitation to all City utility customers (including renters) •City issued press release •Aired on BiCoastal radio stations •Prepared information packet – color food waste recycling guide, brochure, FAQs The pilot was offered for FREE to all single-family residential households in Ukiah. Residential Survey Goals of survey • Determine participation rate, which would –Inform us how many carts and supplies to order –Inform us if a FW program would be well-subscribed –Help estimate cost of a residential program •Get an idea whether residents would be willing to pay for program Each person who called about the pilot was surveyed •Household size •Compost food waste at home •Would you pay for food waste collection service •Will you participate - indicates level of commitment 14/11/2014 8 Efforts to Reduce Contamination Contamination is one of the biggest problems in food waste collection programs. To reduce it’s occurrence, we: •Provided participants with starter packet: color brochure, FW recycling guide and FAQ sheet •Monitored every cart for first two weeks of pilot. •When contamination found, knocked on door/left note. •At Week 3, mailed/emailed notice about specific contaminants we found (coated paper plates, plastic utensils, pet waste, liquids). •Commercial participants were called when contaminants found. EDUCATION, EDUCATION AND MORE EDUCATION! 14/11/2014 9 RESULTS Food Waste Pilot Participation - Commercial Phase 1: Commercial & Institutional Commercial food waste generators in Ukiah 80 # enrolled in free pilot 5* Initial participation rate 6.25% * 2 participants as of 11/13/14 14/11/2014 10 Participation - Commercial Based on interviews with food service businesses and institutions, these are the reasons they did not participate: •Grocery stores donating to food bank; expired organics are backhauled for composting •Already composting their food waste •Food scraps given to local hog & vegetable farmers •Purchasing less to reduce waste and expense, resulting in low volume of food waste •No financial incentive to participate •One more thing to do in a busy kitchen •Staff turnover requires frequent training for new employees •Kitchen space or container space restrictions •Using the garbage disposal is more convenient (education needed) •Concerns about attracting rats (education needed) Most favored Least favored 14/11/2014 11 Findings - Commercial •Much commercial food waste is already being reduced or diverted through source reduction, feeding people, feeding animals and composting (previous slide, USEPA food recovery hierarchy). •Diverting food waste from trash did not result in enough volume reduction to downsize trash containers, which could have incentivized participation. •3 of the 5 participants would be willing to pay for the service. •2 of the 5 participants would not continue the service if there were a cost. •CalRecycle’s estimate for commercial food waste statewide is likely higher than what is actually generated in Ukiah - no large generators of food waste in Ukiah (ie; food processors) and many others are already diverting or reducing food waste. Participation - Residential Phase 2: Residential Single-family households in Ukiah 4,404 Households enrolled in free pilot 143* Initial participation rate 3.2% Weekly set-out rate 76% Participation rate based on set-outs 2.5% Willingness to pay for FW service 69% Participation rate if have to pay for service 2.2% *129 participants as of 11/13/14 14/11/2014 12 Reasons for Opting Out of Pilot 12 households opted out of the pilot after signing up. Their reasons included: •Moved (8) •Didn’t generate enough food waste (4) •Didn’t set out cart (2) 0 100 200 300 400 500 600 700 800 900 1000 Ma r -13 Ap r -13 Ma y -13 Ju n -13 Ju l -13 Au g -13 Se p -13 Oc t -13 No v -13 De c -13 Ja n -14 Fe b -14 Ma r -14 Ap r -14 Ma y -14 Ju n -14 Ju l -14 Au g -14 Se p -14 Oc t -14 Food Waste & Garbage Collected Monthly During Pilot (tons) - Residential & Commercial Garbage Food Waste 14/11/2014 13 Monthly Waste Collected in Ukiah Monthly Average During Pilot – Residential & Commercial 807.5 256.8 129.4 3.70 100 200 300 400 500 600 700 800 900 garbage recycling green waste food waste TO N S 4-month average, July -Oct 2014 Estimated Diversion Residential Commercial # of participants at start of pilot 143 5 Average FW collected/week 0.35 tons 1 ton Annualized FW collected/year 19.5 tons 52 tons Total garbage collected/year (2013) 8,103 tons 8,103 tons Projected FW diversion/year (% of total waste stream) 0.24% 0.64% Projected food waste diversion based on collection weights during the pilot 14/11/2014 14 Survey Results: Trash Cart Size 96-gal 64-gal 32-gal 20-gal 10-gal Enrolled Households 0%3%38%38%20% All Households 1%8%53%24%13% 0% 10% 20% 30% 40% 50% 60% Residential Cart Size Distribution Households enrolled in the food waste pilot have disproportionately smaller trash carts when compared to all Ukiah households. Yes 29%No 71% Survey Results: Do you compost food waste at home? Yes – 42 No - 101 A few backyard composters stated they would stop composting at home with the new food waste service. After being surveyed, one person decided she would compost at home instead of enrolling in pilot. 14/11/2014 15 2007 2008 2009 2010 2011 2012 2013 Target 5.2 5.2 5.2 5.2 5.2 5.2 5.2 Actual 5.6 4.3 3.9 3.2 2.9 3.7 3.3 0 1 2 3 4 5 6 lb s / p e r s o n / d a y City of Ukiah Per Capita Disposal Rate Source: California Department of Resources Recycling and Recovery (CalRecycle) Ukiah Disposal Trends FOOD WASTE PROGRAM OPTIONS 14/11/2014 16 Task: Provide Menu of Options Waste Collection Agreement: •Develop the specific terms, including applicable Rates and methods of collection, for an ongoing Food Waste Collection program for all Residential, Commercial and Institutional Properties. •Company shall provide City with a list of any proven options, including, but not limited to, open air composting, in vessel composting and anaerobic digestion, information about potential impact on rates, and environmental benefits of each alternative. Menu of Options Option Collection Method Processing Method A Source-separated In-vessel composting B Commingled w/ green waste Outdoor “open air” composting C Drop-off only (no collection) In-vessel composting D Commingled w/ green waste Indoor composting (permit required) E Source-separated Anaerobic digestion (future) Options in bold are possible at the present time. 14/11/2014 17 Outdoor “Open Air” Composting Indoor Composting Processing Methods In-Vessel Composting Anaerobic Digestion Processing Methods 14/11/2014 18 Estimated Rate Impact OPTION Rate Increase Comments A: Source-separated, in-vessel composting (4-cart system) 7.14% Available now B: Commingled, OUTDOOR composting (FW in green cart) 9.19% Available now C: Free drop-off at transfer station (no curbside collection) 0 Available now D: Commingled, INDOOR composting (FW in green cart) 0.76% Permit needed E: Anaerobic digestion unknown Future? Rate increase required to implement a residential food waste collection program based on 143 participating households Conclusions •Ukiah residents and businesses are doing an excellent job reducing their food waste and composting. •Both the City’s diversion and disposal rates are very good, having improved considerably in recent years. •Interest in participating in a food waste collection program is less robust than anticipated. •Diversion of food waste resulting from commercial and residential pilots was not significant, despite outreach efforts. •Program costs for curbside food waste collection outweigh the diversion benefits. The projected rate increases for the two currently available methods of curbside food waste collection are disproportionately high when considering the number of program users and the impact on the City’s overall waste diversion. 14/11/2014 19 Recommendations •Provide free drop-off of food waste at transfer station at no additional cost to ratepayers. •No curbside collection program at the present time. •Continue to explore cost-effective alternatives for increasing the City’s diversion rate. Maintain goal of increasing waste diversion. •Include food waste in a renewable energy study. Food waste, cooking oil, green waste, and other materials could be considered as potential feedstocks for energy generation. •Evaluate the impacts of recently adopted AB 1826 (Chesbro) on future commercial organics collection in Ukiah. Alternative Methods for Increasing Diversion 1.Explore new markets for hard-to-recycle materials – ie; asphalt shingles. 2.Improve performance in existing recycling programs – education/outreach 3.Waste reduction campaign – education/outreach 4.Expand floor-sorting activities at Ukiah Transfer Station – labor and space needed to sort more recyclables from waste stream. Focus on waste streams that can be most cost-effectively captured. 1 Landmark Tree Program Guidelines and Policies November 19, 2014 1.0 PURPOSE STATEMENT The purpose of this document is to provide policy guidelines for the preservation, maintenance and enhancement of our urban forest with particular attention to noteworthy trees or “landmark trees” as defined in Section 2.0. The Landmark Tree Program (LTP) includes specific trees within the city limits on public property, but also extends to private property for owners who wish to participate on a voluntary basis. Th is program complements the Downtown Zoning Code (DZC) Designated Landmark Trees, but does not supersede the rules and regulations identified for those specific trees (UCC Section 9229.3 Table 19) detailed in the DZC. 2.0 DEFINITION The definition for landmark trees from the Downtown Zoning Code (10.030 B Article 18 Section 10 ), shall be used: Landmark trees are specific trees selected as worthy of landmark status based on one or more of the following characteristics: 1) an outstanding specimen of a species desirable to the community 2) one of the largest or oldest trees in the City of Ukiah 3) historical/commemorative interest 4) distinctive form and/or aesthetic appeal and/or 5) environmental value, including importance as habitat for wildlife. 3.0 BENEFITS OF THE PROGRAM Benefits to the City of Ukiah A LTP would help the City obtain the coveted certification, "Tree City USA" from the Arbor Day Foundation and improve grant funding opportunities. The identification and acknowledgement of landmark trees will also help the City, businesses and private owners garner support and recognition for the care and maintenance of trees which benefits the community at large. Benefits to Property Owners Owners will receive acknowledgement and appreciation for their effort. The City of Ukiah will provide a certificate to the participating property owner. Well-maintained trees add to property values. Trees provide shade and can reduce cooling and heating bills. Benefits to the Community The LTP will help maintain and expand the City’s urban forest by increasing awareness of trees and their benefits. Neighborhoods with good tree canopies improve people’s wellbeing and reduce crime; business districts with tree-lined streets have increased activity. Attachment #2 2 4.0 POLICY GOALS The LTP focuses on the economic, environmental, historic and aesthetic value specific trees have in the City’s urban forest. This includes trees in public areas and trees on private property where the owner voluntarily participates in the program. The policy goals of the LTP are consistent with the following:  City of Ukiah General Plan Open Space Conservation Element (1993): OC-22: Conserve and replenish valley oaks in the Valley; OC-23: Native plant landscaping shall be encouraged; OC-25: Maintain and enhance the City’s canopy of shade trees.  City of Ukiah Tree Protection and Enhancement Policy, November 1993  City of Ukiah Tree Planting and Maintenance Recommendation, November 1993  Community Forest Management Plan, 1994  City of Ukiah Landscaping and Streetscape Design Guidelines, 1996  Ukiah Municipal Code, Chapter 5, Sidewalks/Street Trees. Article 2. Street Tree Policy Purpose and Intent)  Tree Management Guidelines, December 1, 2010  City of Ukiah Downtown Zoning Code, 2012 5.0 ADMINISTRATION DEPARTMENTS AND RESPONSIBILITIES 5.1 Community Services Department 5.2 Public Works Department 5.3 Electric Utility Department 5.4 Planning and Community Development Department 5.5 Ukiah Municipal Airport The department directors shall be responsible for the implementation of the LTP and all staff and contractors shall be trained in and shall abide by these guidelines and policies outlined in this document. City Council shall approve any significant amendments or changes to the LTP proposed by staff and/or community partners before they are adopted. 5.1 The City Manager or designee is the primary administrator of the program. However, directors of the departments are responsible for the preservation, care and maintenance of trees in the public and private sphere as follows: 5.1.1 Community Services Department is responsible for all trees in public parks. 5.1.2 Public Works Department is responsible for all trees in the public right of way, creeks and drainages including wetlands. 5.1.3 Electric Utility Department is responsible for the trimming of trees to maintain clearance from primary electric lines and facilities. 5.1.4 Planning and Community Development Department is responsible for the oversight of all trees and landscaping plans filed by the applicant. 5.1.5 The Airport Manager is responsible for all trees on Airport property. 3 5.2 Partnerships: Volunteers and/or community groups (i.e. Mendocino ReLeaf and Tree Advisory Group) shall be important partners to achieve the objectives of urban forestry. 6.0 PROCEDURES For a specific tree, grouping of trees or grove for enrollment in the LTP requires the completion of a nomination form signed by the nominee/property owner. Nomination forms are reviewed by the Tree Advisory Group and then forwarded with written recommendation to the City Manager or designee for review and then to the City Clerk for the City Council consent calendar. 6.1 City staff and the public are encouraged to nominate specific trees for inclusion in the LTP by completing a nomination form. Electronic nomination forms are available on the City’s website or can be obtained from the City Clerk. The nomination form requires a submitted photo of the tree. Information shall include the following: name of parcel owner; address; email address, if applicable; specimen; location map or illustration; reason(s) why tree(s) should be preserved. All nominations shall be submitted to the Tree Advisory Group for a recommendation. The recommendation is then forwarded to the City Council for consideration and/or adoption. 6.2 A listed landmark tree will be recorded by the City of Ukiah, identified on a map with location and description (i.e. Google Earth) and added to the City’s website. 6.3 Partners from Mendocino ReLeaf and/or Tree Advisory Group will provide an annual docent led walking tour and/or provide a self-guided brochure for interested parties. 6.4 Staff will provide notification of the LTP activity by mailing an announcement of the annual walking tour. Notification will occur at least a month prior to the tour (i.e. City of Ukiah Recreation Guide, monthly utility bill) 6.5 An annual press release to local media about the purpose of the program, number of participants, location of the tree (with participant’s permission), species and a website link for recruiting future participants. 7.0 PROTECTION All participants including the City, a business or homeowner enrolled in the program agree to maintain and care for their tree responsibly and will receive a letter of acceptance. Suggestions for healthy tree care are outlined in the Tree Management Guidelines and may be obtained electronically. Person or persons shall be prohibited from damaging a landmark tree through excessive watering or pruning or root compaction/destruction. Extra care shall be employed to protect landmark trees during construction (see the Tree Management Guidelines, Section 3.0). All requests for tree removal or withdrawing from the LTP shall be in writing and submitted to the City Council and thereby forwarded to the Tree Advisory Group which will then forward a written recommendation to the City Council. A ten (10) day noticing period of the item appearing on the City Council’s agenda is required. The placement of the notice will be posted at the nearest public boundary line located closest to the tree(s). 4 Circumstances not requiring City Council approval for tree removal are as follows: 1) due to emergency situations and/or 2) traffic visibility obstructions and/or 3) public utility damage and/or 4) damage to the building foundation. 9.0 SUMMARY The City of Ukiah intends that the guidelines and procedures of the Landmark Tree Program shall remain in effect, however, they are subject to change based upon arboricultural standards, community input and staff recommendations. Suggestions for changes to this document must be submitted in writing to the City Manager or designee. Changes will then be discussed with community partners and staff with recommendations and forwarded to the City Council for approval. 10.0 ADDITIONAL RESOURCES Additional City and other tree-related documents that incorporate tree guidelines are available electronically through the Intranet/Internet. These documents are:  Municipal Code Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)  Community Forest Management Plan  Tree Protection and Enhancement Policy  Tree Planting and Maintenance Recommendations  Master Tree List, 2012  Tree Management Guidelines, 2010  Integrated Pest Management Plan, Community Service Department  Creek Maintenance Policies & Procedures, 2009  Downtown Zoning Code Landmark Tree Program and Preservation Tree List, 2012  General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004  Landscaping and Streetscape Design Guidelines  Commercial Development Design Guidelines  International Society of Arboricultural Best Management Practices (ISA BMP): Managing Trees During Construction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility Pruning of Trees; Tree and Shrub Fertilization; Tree Planting; Tree Inventories; Integrated Vegetation Management  American National Standards Institute (ANSI): Construction Management Standards  Mendocino County ReLeaf Tree Care Guide  Hillside Ordinance 9135 5 Landmark Tree Program (LTP) Landmark Tree Program Listings Public Property  Valley Oak, Quercus lobata, [#1], Observatory Park  Redwoods, Sequoia semper virens, [#9], City Hall and Clay St (historic Campfire Girls beautification project in 1930s)  Valley Oak, Quercus lobata, [#1], City Hall, 300 Seminary Ave  Valley Oak, Quercus lobata, [#1], Hudson Carpenter Park, N Main St  White Oak, Quercus, [#1], Todd Grove Park, northwest end between stage and picnic tables  American Persimmon grove, Diospyros virginiana, Carpenter Hudson park, S Main St Private Property  Black Oak, Quercus kelloggii , [#1], 1033 W Standley St  Bay Laurel, Umbellularia californica, [#1], 304 Hortense St Other Trees with Special Designations Landmark Trees within DZC Boundary Downtown Zoning Code Tree Landmark Tree List, Adopted by the City Council on August 1, 2012. These trees are subject to the rules and regulations detailed in the Downtown Zoning Code and not the guidelines and policies detailed in this document.  Valley Oak, Quercus lobata, [#6], 225 E Perkins St  Coast Redwood, Sequoia sempervirens, [#4], 410 E Perkins St  Coast Redwood, Sequoia sempervirens, [#11], E Perkins St at Pear Tree Ctr  Lebanon Cedar, Cedrus libani, [#2], E Perkins St at Pear Tree Ctr  Valley Oak, Quercus lobata, [#2], 324 N Main St  Valley Oak, Quercus lobata, [#1], 320 Main St  Coast Redwood, Sequoia sempervirens, [#1], 220 Mason St  Coast Redwood, Sequoia sempervirens, [#1], 100 block of Norton St,  Canyon Live Oak, Quercus chrysolepis, [#1], 400 block N School St, east side in parking lot  Coast Redwood, Sequoia sempervirens, [#1], 400 block N School St, eastside in parking lot  Valley Oak, Quercus lobata, [#2], 400 block N School St parking lot, eastside in parking lot  Interior Live Oak, Quercus wislizanli, [#2], 400 block N School, east side in parking lot  Coast Redwood, Sequoia sempervirens, [#6], @ 216 W Henry St, (Foundation for Medical Society)  Cork Oak, Quercus suber, [#1], 107 S Oak St, (Saturday Afternoon Club)  Coast Redwood, Sequoia sempervirens, [#2], 107 S Oak St (Saturday Afternoon Club)  Coast Redwood, Sequoia sempervirens, [#1], 108 S Oak St  Coast Redwood, Sequoia sempervirens, [#2], 265 Clay St  Riparian trees within the Gibson Creek corridor; [#], Perkins St to Leslie St (includes: Willows, salix varieties; Cottonwoods; Black Walnut; Interior Live Oak, Quercus wislizanli, Black Oak; Valley Oak, Quercus lobata)  Dawn Redwood, Metasequoia glyptosroboides, [#2], Corner of Standley and School St, in front of courthouse  Oak, Quercus, [#1], N State St, in front of courthouse  Tulip Magnolia, Magnolia soulangiana, [#2], N State St, southeast corner in front of courthouse  Southern Magnolia, Magnolia grandiflora, [#2], N State St, in front of courthouse La n d m a r k Tree Program (707) 463-6231 www.cityofukiah.com  Ce r t i f i c a t e o f R e c o g n i t i o n p r e s e n t e d t o o w n e r  La n d m a r k T r e e d e s i g n a t i o n f o r t h e l i f e o f t h e tr e e  We l l m a i n t a i n e d t r e e s a d d t o p r o p e r t y v a l u e  Tr e e s p r o v i d e s h a d e a n d c a n r e d u c e c o o l i n g an d h e a t i n g b i l l s Bene ﬁ ts Ch eck L i st  No m i n a t i o n f o r m  Si t e m a p o f t r e e l o c a t i o n  Pi c t u r e o f t h e t r e e ( s )  Br o c h u r e s , n e w s p a p e r c l i p p i n g s , o r o t h e r su p p o r t i v e d o c u m e n t a t i o n  Hi s t o r i c a l d a t a o r o t h e r s i g n i f i c a n t i n f o r m a t i o n re l a t e d t o t h e t r e e  Pr o p e r t y o w n e r c o n s e n t Su b mit C ompl et e d N omination Ci t y o f U k i a h Co m m u n i t y S e r v i c e s D e p a r t m e n t 41 1 W e s t C l a y S t r e e t Uk i a h , C a l i f o r n i a 9 5 4 8 2 At t e n t i o n : L a n d m a r k T r e e P r o g r a m (7 0 7 ) 4 6 3 - 6 2 3 1 Prop e rty O w ner C onse nt Pr o p e r t y O w n e r N a m e Ad d r e s s Ci t y , S t a t e Z i p Ho m e P h o n e Em a i l I he r e b y au t h o r i z e th e Ci t y of Uk i a h an d / o r th e i r ag e n t s th e ri g h t to en t e r on t o my pr o p e r t y to vi e w a tr e e be i n g su b m i Ʃed fo r no m i n a Ɵon . I he r e b y gi v e my co n s e n t to al l o w th e pu b l i c th e op p o r t u n i t y to vi e w th e no m i n a t e d tr e e on my pr o p e r t y fr o m th e pu b l i c st r e e t ri g h t ‐of ‐wa y if La n d m a r k Tr e e st a t u s is ob tain e d . Pr o p e r t y O w n e r S i g n a t u r e Da t e Attachment 3 La n d m a r k T ree P rog ram Th e L a n d m a r k T r e e P r o g r a m w a s c r e a t e d b y t h e T r e e Ad v i s o r y G r o u p o f t h e C i t y o f U k i a h t o i d e n t i f y re m a r k a b l e t r e e s w i t h i n U k i a h . Th e p r o g r a m a c c e p t s t r e e s t h a t a r e o u t s t a n d i n g s p e c i m e n s ; ar e t h e l a r g e s t o r o l d e s t i n t h e c i t y ; h a v e h i s t o r i c in t e r e s t ; h a v e d i s t i n c t i v e f o r m o r a e s t he t i c a p p e a l ; h a v e e n v i r o n m e n t a l v a l u e . Th e L a n d m a r k T r e e P r o g r a m i n c l u d e s s p e c i f i c t r e e s w i t h i n t h e c i t y l i m i t s o n p u b l i c p r o p e r t y b u t a l s o e x t e n d s t o pr i v a t e p r o p e r t y f o r o w n e r s w h o w i s h to p a r t i c i p a t e o n a v o l u n t a r y b a s i s . Nomination F orm CO M M O N N A M E O F T R E E TR E E C A T E G O R Y S p e c i m e n S i z e / A g e H i s t o r i c I n t e r e s t A e s t h e t i c A p p e a l E n v i r o n m e n t a l V a l u e Pi c k a l l t h a t a p p l y . I f ot h e r , p l e a s e e x p l a i n . TR E E L O C A T I O N Pl e a s e i n c l u d e m a p o f p r o p e r t y a n d p h o t o No m i n a t o r Da t e S u b m i t t e d Ad d r e s s Ho m e P h o n e Ce l l P h o n e Em a i l Tr e e O w n e r N a m e ( i f d i f f e r e n t t h a n n o m i n a t o r ) Ho m e P h o n e Ce l l P h o n e Em a i l Ad d r e s s Ci ty of U kiah Tree A d v i so ry G rou p Si g ni ﬁcance of Tree/Grove Hi g h l i g h t a n d j u s t i f y t h e s p e c ific reason(s) you think the tr e e i s s i g n i f i c a n t . I n c l u d e a n y d o c u m e n t s l i k e n e w s p a - pe r c l i p p i n g s , b r o c h u r e s o r o t h e r h i s t o r i c a l d o c u m e n t a - ti o n . Attachment #4 CITY OF UKIAH TREE MANAGEMENT GUIDELINES TREE MANAGEMENT POLICIES FOR THE PROTECTION, OPERATION AND MAINTENANCE OF CITY PROPERTY Adopted 12-01-10 & Revised 11-19-14 TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 1.0 PURPOSE STATEMENT The purpose of this document is to provide policy guidelines for the preservation, maintenance and enhancement of the urban forest in parks and other areas maintained by the staff and contractors of the City of Ukiah. These guidelines are based on policy from the City of Ukiah General Plan Growth Management Program adopted by the City Council December 6, 1995 and amended June 16, 2004 and the City of Ukiah Community Forest Management Plan, adopted by the City Council on November 3, 1993. “ Trees are a precious legacy which improve our quality of life and enhance our community image and pride. Trees enrich air and water quality, provide wildlife habitat, increase aesthetic value, reduce soil erosion, and help us to maintain a sense of rural community.” Community Forest Management Plan Vision Statement 2.0 DEPARTMENTS AFFECTED 2.1 Community Services Department 2.2 Public Works Department 2.3 Electric Utility Department 2.4 Planning and Community Development Department 2.5 Ukiah Municipal Airport 3.0 RESPONSIBILITY The department directors shall be responsible for the implementation of these polices and guidelines and all staff shall be trained and shall abide by these guidelines and policies as outlined in this document. City Council shall approve any significant amendments or changes to the Tree Management Guidelines and Policies proposed by staff and community partners before they are adopted. 3.1 The Directors of the departments are responsible for the preservation, care and maintenance of trees as follows: 3.1.1 Community Services Department is responsible for all trees in public parks including the Commemorative Program trees. 3.1.2 Public Works Department is responsible for all trees in the public right of way and creeks. 3.1.3 Electric Utility Department is responsible for trimming of trees to maintain clearance from primary electric lines and facilities 3.1.4 Planning and Community Development Department is responsible for oversight of all landscaping plans filed by the applicant. 2 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 3.2 Partnerships: Volunteers and/or community groups shall be important partners to achieve objectives for urban forestry. 4.0 TRAINING City staff shall receive training on all procedures listed in this document, including on-site classes and/or training provided by Mendocino College and assorted qualified arboricultural professionals on a regular schedule to ensure that proper methods are utilized. All City of Ukiah staff performing tree care duties within the City’s urban forest shall attend a minimum of two training workshops annually. A workshop for dormant care of trees will be held in the Fall/Winter months. A second workshop will occur in the Spring/Summer to train for the growing season. Workshops will include, but not limited to: proper seasonal maintenance; best practices for soil conditioning; proper pruning techniques; and plant identification. Workshops will generally be held in the field and last about two hours and will be run by a qualified arboricultural professional with expertise in best practices for urban forest care. 5.0 POLICY GOALS The Tree Management Guidelines focus on long-term protection of the City’s trees and have been developed for the preservation, planting, care, removal or disposition of trees, replacement planting in parks, along streets and in other public areas. The City of Ukiah intends that these guidelines and policies shall remain in effect, however, they will be subject to change based upon arboricultural standards, community input and staff recommendations. Suggestions for changes to the Guidelines must be submitted in writing to a department director. They will then be discussed with community partners and staff and then submitted to the City Council for approval. 6.0 GUIDELINES FOR TREE CARE AND MAINTENANCE Staff and contracted professionals shall utilize International Society of Arboriculture’s Best Management Practices (ISA BMP) and/or American National Standards Institute (ANSI). A Glossary of terms is included in Section 9.0. Specific criteria as detailed in the ISA BMP shall be established and applied to for the removal and/or pruning of trees located in or on City property. The same criteria shall be used to evaluate the overall public benefit of the proposed work. In all cases, safety concerns shall receive priority. In addition, priority will be given to limiting removal, increasing forest canopy, and preserving appropriate vegetation on park property. 6.1 Tree Preservation: The health and physical state of trees shall be maintained and protected whenever possible. Instances not specifically covered elsewhere in this policy include: 3 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.1.1 Conservation of Landmark Trees: These are individual trees that are considered unique because of size, species, historical significance, and shall be given extra protections and consideration for retention. Refer to the Glossary of Terms. 6.1.2 Conservation of Commemorative Program Trees: These are individual trees or groves purchased by someone from the City of Ukiah to memorialize an individual or group. Refer to the Glossary of Terms. 6.1.3 Existing Trees: Staff shall change use patterns in root zones whenever practical. For example: Vehicles parked or materials stored in the root zone shall be subject to an education and/or enforcement campaign to reverse the damage to the tree roots; pathways causing excessive compaction around tree roots shall be relocated if other options are deemed insufficient. Fencing, boulders, logs and landscaping are reasonable deterrents to reduce further damage and shall be used whenever practical. Refer to ISA BMP Integrated Vegetation Management. 6.1.4 Special consideration shall be given for unique situations. Every effort shall be made to protect trees growing near underground streams. 6.1.5 Storm water flooding and sedimentation of drainage areas shall be properly considered before tree removal. 6.1.6 The relationship of vegetation to slope stability will be a primary consideration in all proposed vegetation management on slopes. 6.1.7 Diseased or Infested Plants That Pose Risk to Trees: Action shall be taken to effectively decrease risk to other trees from pests and diseases. This may include removal and destruction of affected materials, pesticide treatments and/or alternative cultural practices. Other qualified experts shall be consulted as needed. Refer to ISA BMP Integrated Pest Management; City of Ukiah Integrated Pest Management Plan. 6.1.8 Damage, Vandalism and Illegal Cutting: Action shall be taken whenever possible to investigate and prosecute vandalism and illegal cutting of city-owned trees. Compensation for damages shall be sought based on the appraised value in accordance with The Guide for Plant Appraisal as authored by the Council of Tree and Landscape Appraisers. 6.2 Planting: Planning before planting can ensure that the right tree is planted in the right location. Proper tree selection and placement prevents tree damage and costly maintenance like trimming. Consideration of water requirements and climate and surrounding infrastructure such as sidewalks, sewer lines and overhead/underground power lines shall improve the chances for optimum growth potential. Refer to the City of Ukiah’s Master Tree List; City of Ukiah Tree Planting and Maintenance Recommendations; ISA BMP Tree Planting; and ISA BMPTree Support Systems. 6.3 Root Environment and Tree Root Zones: Refer to the Glossary of Terms. Whenever feasible, a pro-active program of cultural practices shall be implemented to maintain the health and vitality of City trees. Refer to ISA BMP Tree and Shrub Fertilization. 6.3.1 Trees in parks, fields and all other areas both developed and undeveloped: 4 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.3.1.1 Soil Compaction: Every effort shall be made to avoid the compaction of soil in root zones and to encourage penetration of rainfall deep into the soil. 6.3.1.2 Mulch: Organic material such as mulch and leaves shall not be removed under the tree canopy. 6.3.1.3 Crews shall, when feasible and practical, establish and maintain the areas under tree canopies free of turf and invasive plant species. The use of native grasses and plants are encouraged, as are plants associated with the trees above them. Special consideration shall be given to oak trees and the use of drought tolerant plants near them. 6.3.1.4 Parking: Vehicles and equipment should be parked on paved areas, streets and parking lots. 6.3.1.5 Pavement: The use of pavement within park and garden areas shall be limited as much as possible, especially under tree canopies. Whenever pavement is necessary the use of permeable materials is preferred. Remove the affected curb and damaged or cracked pavement due to root uplift when feasible. Level the section with mulch, chips, sand, or gravel rather than replacing the area with impervious materials. 6.3.1.6 Leaf Blowers: The use of leaf blowers is discouraged. Leaf blowers should not be used to blow debris with native soil. 6.3.1.7 Pesticides: The use of pesticides is discouraged. Please refer to the City Integrated Pest Management policy. 6.3.1.8 Stakes: In the unusual situation when stakes are needed they should be driven in outside the root ball. ISA BMP Tree Support Systems shall be followed. 6.4 Construction around Trees: Protection devices shall be installed to protect the tree and root zones when near or within construction zones. The root system extends at least to the edge of the canopy or drip line of the tree with most of the fine feeder roots active in the top few inches of the soil. These roots need air to stay healthy in order to provide the tree with nutrients and water. This root zone shall be protected from compaction, changes in soil grade, digging, or other disturbances. Protective fencing and warning signage will be required around the root zone. All tree protection devices shall be visible, well-anchored, and approved in the field by the Supervisor or designee prior to clearing, grading, or beginning of construction and shall remain in place and maintained until the project is completed. Refer to ISA BMP Managing Trees During Construction and ANSI Construction Management and Standard. 5 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.5 Consultation with a Qualified Arboricultural Professional: When planning and designing a public improvement project the City shall seek the appropriate qualified expert when the project involves or is near a tree or trees. 6.6 Pruning Standards: The latest pruning standards established by the International Society of Arboriculture shall be used in the maintenance of trees and are detailed in the ISA Best Maintenance Practice booklets. Refer to ISA BMP Tree Pruning; ISA BMP Utility Pruning of Trees. Such maintenance will include: 6.6.1 General pruning for clearance to prevent injuries and to facilitate maintenance and vehicle clearance. 6.6.2 Pruning dead, dying, and diseased sections to improve the health and appearance of the tree and to prevent accidents. 6.6.3 Pruning for clearance around lighting and overhead lines. 6.6.4 Pruning back for authorized passage on service roads, walkways and paths. 6.6.5 Pruning requested by a private property owner. Such requests do not obligate the Department to prune trees, shrubs, and/or vegetation. It is the responsibility of the business owner to plan their signage so that visibility is not affected by growing trees. 6.6.6 Pruning in park areas identified as places of illegal or inappropriate activity in order to improve general visibility and increased police surveillance. 6.7 Birds and Nesting: Except in emergencies nesting birds or nests shall not be disturbed or harassed by pruning or removal activities. To avoid nesting season such activities shall occur between September 1st and March 31st. Fish and Game Code 3503: "It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird..." The Migratory Birds Treaty Act of 1918 also applies. 6.8 Unnecessary Wounding: Because “topping” of trees can cause permanent damage by promoting decay, as well as unnatural, dense and weak branching structure, topping shall not be practiced or permitted except under special circumstances. Not only can a tree sustain wounds to the branches or top, it can also sustain wounds to the trunk. Therefore, these policies shall reinforce the protection of the trunk area from wounds associated with a lawn mower or other equipment. 6.9 Hazardous Tree Management: Public health, safety and general welfare will be maintained through the use of generally accepted professional practices of evaluation and treatment to reduce risks to people and property from hazardous trees. Attention to proper selection, planting and maintenance of new trees shall also be pursued to achieve long-term risk reduction. 6.9.1 The City of Ukiah shall assess and manage the risk of tree failure within the limits of available fiscal and human resources. Priority shall be given to locations and situations with high probability of failure and high potential damage or injury that may result. 6 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 6.9.2 Notwithstanding an immediate hazard to safety and/or property, the City shall utilize a written tree risk assessment methodology established by the ISA (ISA Basic Tree Risk Assessment Form or equivalent) to evaluate the likelihood that part or all of a tree will fail and cause damage and/or injury by a qualified arboricultural professional. The components of the assessment shall include tree health, species profile, site factors, history of failures, tree defects/conditions, target assessment, risk categorization, mitigation options and recommend inspection intervals when warranted. 6.9.3 Corrective action for high hazard rated trees shall be reasonable and prudent and may include: • Moving any at-risk structures, equipment, fixtures or recreational sites; • Correction of the defect by pruning, cabling and bracing, or tree removal; • Closure of the area 7.0 Tree Removal: The City shall provide 72 hours of advance notice of the intended tree or trees that shall be removed by posting a sign at the work site when feasible. The sign shall contain the reason for the removal of the tree and the appropriate city department’s telephone number that the public may contact for further information. Tree removal will include: 7.0.1 Trees that pose substantial risk or hazard to the public, adjacent properties or to public facilities. 7.0.2 Dead, dying or diseased trees. 7.0.3 Removal from properties being improved or developed under an approved design, however, prior consideration to retention shall be given whenever possible. Preference is to retain existing healthy trees when designing any development rather than attempting mitigation. 7.0.4 Trees that block trails, drains or otherwise obstruct the use and function of infrastructure elements. 7.0.5 Trees on sites that were over planted by design or are crowded from natural competition. As the landscape grows, the Supervisor with consultation with a qualified expert shall selectively remove trees on a site to maintain spacing for optimal tree growth and function. 7.0.6 Removal requested by a private property owner. However, such requests do not obligate the City of Ukiah to remove or allow removal of any trees, shrubs, and/or vegetation. 7.0.7 Consideration shall be given for providing trunk and limbs for service projects such as constructing benches and picnic tables. The use of wood chips for mulching material around trees and vegetation in the parks is encouraged. 7.0.8 Any person aggrieved or impacted by a decision to remove a tree may appeal the decision during the noticing period. A letter stating the reason(s) for the 7 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY appeal must be submitted to the City Clerk’s Office. An appeal automatically stops any action or non-action on the tree until the responsible Department Director has an opportunity to review and consider the appeal. When feasible, the Director will consult with the City’s Tree Advisory Committee for additional input. The Director’s decision on an appeal is the final administrative determination. The Director’s final determination may be appealed to the City Council. The appeal must be filed with the City Clerk’s Office within 10 days of the Director’s determination and must be accompanied by supporting documentation from a qualified arboricultural professional using the same tree risk assessment methodology established by the ISA as detailed in Section 6.9.2. 7.1 Tree Replacement: At least one tree shall be planted for every tree that is removed from City property. Replacement tree species shall be selected so that overall mature canopy volume will be maintained or increased. It is preferable to plant the replacement tree in close proximity to the original tree’s location. The replacement tree may be located elsewhere, if local conditions contributed to the previous tree’s failure (See Section 6.2). New locations should be found on the same site or in the same neighborhood at a location of similar or greater value. Preference shall be given for planting native trees whenever feasible. 7.2 Replacement Plantings: The City shall undertake the task of replacement plantings to mitigate the effects of vegetation removal and to reestablish the landscape and increase overall mature forest canopy. The City shall determine the species of tree to be planted on City property and the planting location. Every effort shall be made to select a species compatible with the existing tree plantings on the street, the neighborhood identity, the maturity of the trees, space available for growth, the presence of underground and overhead utility lines, utility poles, streetlights, driveway approaches and fire hydrants. 7.3 Phasing: The City of Ukiah when appropriate shall consider a phased approach to vegetation management to reduce potential short-term negative aesthetic and/or wildlife habitat impacts (associated with such actions). 7.4 Wildlife and Habitat: Trees and forested areas are recognized as important habitat for native wildlife and providing vital wildlife corridors. Trees, undeveloped landscapes and creeks will be managed to optimize them for wildlife habitat. Refer to the City of Ukiah Creeks Maintenance Policies and Procedures. 8.0 SUMMARY These guidelines are set in place to enhance the urban forest within the City of Ukiah. As industry standards change in regard to tree care, this document shall remain flexible to incorporate needed changes. 9.0 GLOSSARY OF TERMS For additional definitions, refer to the International Society of Arboriculture Best Management Practices 8 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 9.1 Commemorative Program Tree Program provides an opportunity for the public in celebrating an event or memorializing a loved one by the planting of a young tree or trees while improving the appearance and canopy of City parks. A tree or grove is purchased from the City of Ukiah to honor or memorialize an individual or group. Such tree(s) are identified and recorded by the City of Ukiah with the name of the tree species, dedicated individual or group and the name of the donor. 9.2 Developed landscape is property that has been graded and/or planted, and contains plantings that are distinct from typical native forest. These active and/or passive recreational landscape areas are routinely maintained by park staff for public use. Developed landscapes shall include, but are not limited to: lawns, athletic fields, boulevards, golf courses including pitch and putt, lawn bowling greens, play areas, squares, places, triangles, and swimming beaches. 9.3 Hazardous Tree is a tree that can be predicted to fail and has a high probability of striking people or property causing injury or damage. 9.4 Invasive exotic vegetation consists of species of plants that are not native to our region and exhibit aggressive growth to the exclusion of native or planted landscapes and wildlife. 9.5 Landmark Trees are individual trees that have been designated as unique because of size, historical/commemorative association, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retention. Rules and regulations for landmark trees are defined in the City’s Landmark Tree Program and/or Downtown Zoning Code. 9.6 Topping is the removal of the terminal shoot of a tree to a stub or lateral branch that is not sufficiently large enough to assume a terminal role or cannot be expected to achieve wound closure to inhibit decay. 9.7 Tree Failure is the breaking and falling of a tree or any substantial part of a tree. This does not include falling leaves or fruit. 9.8 Tree Root Zone is the area from the trunk to the drip line or the edge of the unpruned canopy around a mature, uninjured tree or the anticipated root zone of a young tree. 9.9 Qualified Arboricultural Professional is 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. 9.9.1 Undeveloped Landscape is property that contains native or volunteer (self- propagated) plants and is not intended for recreational use except along designated trails. Undeveloped landscapes are (usually) not as intensively maintained as developed landscapes. 9 City of Ukiah Tree Management Guidelines TREE MANAGEMENT GUIDELINES AND POLICIES FOR THE OPERATION AND MAINTENANCE OF CITY PROPERTY 10.0 ADDITIONAL RESOURCES Additional City and other tree-related documents that incorporate tree guidelines are available electronically through the Intranet. The Department Director shall provide the The International Society of Arboriculture Best Management Practice booklets, American National Standards Institute related documents and Mendocino County ReLeaf materials to their employees. These documents are: • Municipal Code Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987) • Community Forest Management Plan • Tree Protection and Enhancement Policy • Tree Planting and Maintenance Recommendations • Master Tree List • Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures • Form Based Zoning Preservation Tree List • General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004 • Landscaping and Streetscape Design Guidelines • Commercial Development Design Guidelines • International Society of Arboriculture Best Management Practices (ISA BMP): Managing Trees During Construction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility Pruning of Trees; Tree and Shrub Fertilization; Tree Planting; Tree Inventories; Integrated Vegetation Management • American National Standards Institute (ANSI): Construction Management Standards • Mendocino County ReLeaf Tree Care Guide • Hillside Ordinance 9135 10 City of Ukiah Tree Management Guidelines