HomeMy WebLinkAbout2016-03-02 PacketCITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 2, 2016
6:00 p.m.
ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS /INTRODUCTIONS /PRESENTATIONS
a. Proclamation of Women's History Month, 33rd Annual Women's History Gala Celebration.
b. Presentation of Recognition to Three Recipients of the Miss Mendocino County Scholarship
Program.
c. Dispatch Service Contract with CalFire.
d. Receive and Discuss Presentation from the Staff of the Mendocino Council of Governments on
"City Road Conditions and Funding for Corrective Maintenance ".
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and /or Planning Commission
recommendations.
a. Authorization to Execute a Restated and Amended License Agreement between the City of
Ukiah and New Singular Wireless Pcs, LLC for the Civic Center Cellular Tower and Supporting
Structures.
b. Adoption of Resolution for User Fees at Ukiah Regional Airport.
c. Award a Three -Year Agreement for Electric Utility Line Tree Trimming at Various Locations in
the City of Ukiah to Utility Tree Service, Inc. (EUD).
8. AUDIENCE COMMENTS ON NON - AGENDA ITEMS
Page 1 of 3
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested
in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda,
you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person
and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience
comments in which the subject is not listed on the agenda.
9. COUNCIL REPORTS
10. CITY MANAGER /CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
a. Review Response to Request for Proposals for the Development of the City Owned Parcel at
Norton and Main Street Properties, and Provide Direction to Staff.
b. Adopt an Amended Resolution Authorizing the Exception to the 180 -Day Wait Period and
Authorizing the City's Retired Police Captain to Work on a Temporary Basis as an Extra Help
Captain Pursuant to Government Code Sections 7522.56 and 21224.
c. Approval of Amendment #1 to City of Ukiah Agreement 1415 -166 with Rau and Associates and
Corresponding Budget Amendment for Additional Scope of Work in Phase Two Engineering for
the Site of the New Ukiah Courthouse, Not to Exceed $11,959, and Authorize the City Manager
to Execute Agreement.
13. NEW BUSINESS
a. Discussion and Possible Approval of Request by Ukiah Main Street Program to Install Dedication
Monument in Downtown Ukiah.
b. Award Bid for the Installation of Replacement Well 4 and New Water Well 9, Specification No.
16 -01 to NorCal Pump and Well Drilling in the Amount of $702,558.
c. Approve Plans and Specifications for the Site Development for Well 4 and 9 and Authorize Staff
to Issue Bids for Specification Number 16 -02.
d. Review and Consider Providing Comments on the Mendocino Local Agency Formation
Commission 2016 -2017 Budget.
e. Approval of Purchase of 2016 Toyota Prius in the Amount of $26,073.17 for the Wastewater
Treatment Plant and Amendment of the Fiscal Year 2015 -2016 Capital Budget to Reflect the
Change in Vehicle Type.
The City Council will Consider and Possibly Approve a Letter to the County of Mendocino to
Negotiate an Agreement with the City on the Terms and Conditions for Including the City in an
Ambulance EOA (Exclusive Operating Area).
g. Discussion and Approval of Budget Amendment to Transfer Funds from Disposal Site Enterprise
Funds to the Closure Maintenance Fund in Accordance with CalRecycle Financial Assurance
Requirements for the Landfill Closure Project and Possible Adoption of a Resolution.
h. Consideration and Discussion of Interest in Developing a Genetically Modified Organism (GMO)
Ban and Corresponding Ad Hoc Committee if Desired.
Page 2 of 3
14. CLOSED SESSION — Closed Session may be held at any time during the meeting.
a. Conference with Legal Counsel — Existing Litigation
(Cal. Gov't Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK- CVPT -15 -66036
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
(Cal. Gov't Code Section 54956.9(d)(1))
Name of case: County of Mendocino v. Solid Waste System, Inc. et al., Mendocino County
Superior
Court, Case No. SCUK- CVG -11 -59459
d. Conference with Labor Negotiator
(Government Code Section 54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
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 2611 day of February, 2016.
Ashley Cocco, Deputy City Clerk
Page 3 of 3
PROCI.AIVIATION
MARCH: WOMEN'S HISTORYMONTH
33rd ANNUAL WOMEN'S HISTORY GALA CELEBRATION
WHEREAS, in March 1983 the first Women's History Gala Celebration in Mendocino
County was held in the Anderson Valley High School. Thereafter, each year it has been held in
the City of Ukiah, the seat of Mendocino County, with the March 6, 2016, celebration marking
its 33rd anniversary; and
WHEREAS, the Mendocino Women's Political Caucus (MWPC) presents the Women's
History Gala Celebration with AAUW -Ukiah and the Ukiah Saturday Afternoon Club; and
WHEREAS, the aforementioned women s organizations continue to work to increase
and acknowledge the roles of women at all levels of community and public service, and to
become knowledgeable about issues that affect their equality and to foster networks that extend
and expand the creative, social, and political strength of women; and
WHEREAS, promoting and celebrating the equality and achievements of all women
continue to be at the core of this 2016 celebration of Women's History, the tradition of the
annual Women's History Gala Celebration is to recognize and honor particular women who
exemplify each year's designated theme for contributions in their communities through their
fields of work; and
WHEREAS, on Sunday, March 6, 2016, the public is invited to attend the 33rd Annual
Women's History Gala Celebration at 12:30p.m. at the Saturday Afternoon Clubhouse. Women
to be honored who embody this year's theme: "Working to Form a More Perfect Union,
Honoring Women in Public Service and Government" are: Els Cooperrider, Priscilla Hunter,
and Carre Brown. The program will be dedicated to Judy Pruden and Arleen Shippey.
Highlights of the gala will be a special award to featured speaker, Betty T. Yee, California State
Controller; poetry by Ukiah Poet Laureate Emeritus, Linda Noel; musical entertainment by the
Inland Valley Women's Chorus; and MC will be City Councilwoman Maureen Mulheren.
THEREFORE, I, Maureen Mulheren, on behalf of Mayor Stephen G. Scalmanini and my
fellow Ukiah City Council members: Jim Brown, Kevin Doble, and Doug Crane do hereby join
other communities in the nation in proclaiming the month of March to be Women's History
Month and to recognize and celebrate the 33rd Anniversary of the Women's History Gala
Celebration on March 6, 2016.
Signed and sealed, this 2nd day of March, in the year Two Thousand and Sixteen.
El
El
El
El
El
Mayor Stephen G. Scalmanini
Aft ITEM NO.: 3b
pr MEETING DATE: March 2, 2016
(ci1tj cif 'loth
AGENDA SUMMARY REPORT
SUBJECT: PRESENTATION OF RECOGNITION TO THREE RECIPIENTS OF THE MISS MENDOCINO
COUNTY SCHOLARSHIP PROGRAM
Summary: Recognition to three members of the Community Services team that exceled in the Miss
Mendocino County Scholarship Program.
Background & Discussion: Michelle Goodman, Hannah Forbes, and Kaitlyn Vandewarker all participated
in the 2016 Miss Mendocino County Scholarship Program and were very successful. Each of the three
have worked in the Community Services Department as lifeguards and the department is proud to
recognize their achievement.
We wish them the best of luck in their endeavors and hope they continue to provide a positive impact within
this community, while experiencing a successful and prosperous future.
FISCAL IMPACT:
Budgeted
New Appropriation
N/A
Budget
Previous
Amount in
Source of Funds
Account Number
Amendment
Contract or
Purchase Order
15 -16 FY
(Title & No.)
Required
No.
N/A
N/A
N/A
Yes ❑ No ®
N/A
RECOMMENDED ACTION(S): Presentation of Certificate of Recognition to the three recipients of the Miss
Mendocino Scholarship Program.
ALTERNATIVES: N/A
Citizens advised:
N/A
Requested by:
N/A
Prepared by:
Maya Simerson, CS Supervisor and Stephanie Young, Recreation Supervisor.
Coordinated with:
Sage Sangiacomo, City Manager.
Presenter:
Stephanie Young, Recreation Supervisor.
Attachment:
N/A
COUNCIL ACTION DATE:
❑ Approved ❑ Continued to
RECORDs APPROVED: ❑ Agreement: ❑ Resolution:
Note: Please write Agreement No. in upper right corner of agreement when drafted..
Approved:
Sj a Sa gi mo, City Manager
❑ Other
❑ Ordinance:
ITEM NO.: 3c
MEETING DATE: March 2, 2016
city of ukiah
AGENDA SUMMARY REPORT
SUBJECT: DISPATCH SERVICE CONTRACT WITH CALFIRE -�
Summary: CalFire provides contract dispatch services for the fire related calls to the City of Ukiah.
CalFire Mendocino Unit Chief, Chris Rowney will inform the Council on the number and type of calls
dispatched within the City of Ukiah for 2015. Actual billing cost of dispatch services will also be explained.
Background: Cal Fire has been providing dispatch services for the City of Ukiah Fire Department since
the spring of 2013.
Discussion: CalFire provides a single point dispatch service for all fire service operations in the Ukiah
Valley as well as in Mendocino County which provides for both safety of the firefighters and for large
multi jurisdictional emergencies.
FISCAL IMPACT:
Budgeted
New Appropriation
John Bartlett, Fire Chief.
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
2. Mendocino Countv Fire Services 2015 Totals
Required
No.
N/A
N/A
N/A
Yes No
N/A
RECOMMENDED ACTION(S): Receive report.
ALTERNATIVES: N/A
Citizens advised:
N/A
Requested by:
John Bartlett, Fire Chief.
Prepared by:
John Bartlett, Fire Chief.
Coordinated with:
N/A
Presenters:
Chris Rowney, CalFire Mendocino Unit Chief and John Bartlett, Fire Chief.
Attachments:
1. City of Ukiah Fire / EMS 2015 Totals
2. Mendocino Countv Fire Services 2015 Totals
COUNCIL ACTION DATE:
❑ Approved ❑ Continued to
RECORDS APPROVED: ❑ Agreement: ❑ Resolution:
Note: Please write Agreement No. in upper right corner ofagreement when drafted..
Approved:
a gi mo, City Manager
❑ Other
❑ Ordinance:
Attachment 1
/* 1,
+fifty of Ukiah
City of Ukiah Fire /EMS
2014 and 2015 Incident Totals
R
[;iiq,q Ukiah
City of Ukiah Fire / EMS
2014 and 2015 Incident Totals
2015
Agency
Veg
Struct.
Other
Medical
Medical
Traffic/
Haz Mat /
Pub / Svc
Mutual
Total
Fire
Fire
Fires
w /Fire
No /Fire
Collisions
FMS
Other
Aid
Response
Response
City of
UFD
Total 1963
Ukiah
15
19
162
1451
665
88
65
130
33
Grand Total
2595
Ukiah
Valley
UVFD Grand
18
12
150
659
N/A
109
20
60
20
Total
1048
Fire Dist.
Ukiah
Valley
UVFA Grand
Fire
33
31
312
2110
N/A
197
85
190
53
Total
3011
Authority
2014
Agency
Veg
Struct.
Other
Medical
Medical
Traffic/
Haz Mat /
Pub / Svc
Mutual
Total
Fire
Fire
Fires
w /Fire
No /Fire
Collisions
FMS
Other
Aid
Response
Response
City of
City Fire
Total 1898
Ukiah
12
27
146
1464
526
74
67
80
28
Grand Total
2396
Ukiah
Valley
UVFD Grand
26
19
100
587
N/A
86
31
50
23
Total
Fire
922
District
Ukiah
Valley
38
46
246
2051
160
98
130
51
UVFA Grand
Fire
Total 2819
Authority
2015 Ukiah Fire Incident Totals
■Veg Fire 15
.5%
■Structure Fire 19
.7%
■Other Fires 162
6.2%
• Medical Fire Response
1451 56%
• Medical No Fire Response 665 25.6%
• Traffic Collisions 88
3.4%
■Haz Mat/ FMS 65
2.5%
■Pub Svc /Other 130
5%
Attachment 2
Mendocino County Fire Services
2015 Incident Totals
Mendocino County Fire Services
2015 Incident Totals,
3
Agency
Veg
Structure
Other
Medical
Traffic/
IFT
Haz Mat/
Pub /
Mutual
Total
Fire
Fire
Fires
Collisions
FMS
Svc Other
Aid
Albion
5 SRA
2
11
137
16
18
16
7
212
Anderson Valley
9 SRA
1
24
130
45
19
7
12
247
Brooktrails
5 SRA
5
18
149
12
20
22
11
242
Comptche
1 SRA
3
13
3
5
2
7
34
Covelo
12 SRA
10
62
400
25
6
7
0
546
24 LRA
Elk
0 SRA
2
0
23
9
7
3
8
52
Fort Bragg
17 SRA
22
130
116
103
86
52
6
538
6 LRA
'
Hopland
8 SRA
2
31
127
57
4
3
14
252
6 LRA
Laytonville
11 SRA
6
23
229
50
9
14
31
376
Lake Pillsbury
0 FRA
0
0
9
2
0
0
0
11
Leggett
2 SRA
1
6
33
12
2
1
28
85
*Little Lake
12 SRA
4
22
45
140
5
4
16
250
2 LRA
'
Mendocino
3 SRA
4
20
180
22
26
20
10
285
Piercy
1 SRA
0
3
12
8
1
1
33
59
Potter Valley
2 SRA
1
14
75
15
3
3
9
122
0 LRA
Redwood
2 SRA
3
18
152
24
23
11
16
251
Coast
2 LRA
Redwood
8 SRA
5
49
363
55
8
36
20
551
Valley
7 LRA
Ridgewood
1 SRA
0
0
23
11
1
5
0
32 '
South Coast
4 SRA
2
14
170
28
11
17
20
266
Ukiah Fire
4 SRA
31
312
2110
197
85
190
53
3011 '
Authority
29 LRA
,
Westport
1 SRA
0
8
23
11
3
5
3
54
Anderson Valley
1
0
0
137
43
1
1
0
9
192
Ambulance
Fort Bragg
2
3
3
1815
155
277
0
32
12
2299
Amb
CSAMB
Medstar /Ukiah
1
19
13
2176
189
904
5
64
AVY 39
3370
Amb
CVL 37
'
LVF 2
Verihealth
1
17
20
2555
375
0
1
1361
44AVY i
4330
20 LVF
i
M5525
1
6
3
325
18
0
0
6
368
M5525 -9
i
* Little Lake Fire only
includes calls
i
handled by the Howard Forest Command Center i
2015 Mendocino County Calls
■ Weg Fire 184 1.9%
■ Structure Fire 101 1%
■ Other Fire 768 7.8%
■ Medical Aids 6876 70%
■
Traffic Accidents 845 8.6%
■ I FT's 1182 12%
HazMat f FMS 342 3.5%
Public Assist/ Other 419 4.2%
2015 Howard Forest ECC Agency Breakdown
1W
■ Albion 212 1.5%
E Anderson Valley 247 1.7%
■ Brook-trails
242 1.7%
■ Comptche
34 .3%
■ Covelo
546 3.9%
■ Elk
52 .41/10
■ Fort Bragg
538 3.8%
■ Flopland
252 1.8%
■ Lake Pillsbury
11 .1%
■ Laytonville
376 2.7%
■ Leggett
85 .6%
■ Little Lake*
250 1.7%
■ Mendocino
285 2%
■ Piercy
59 .4%
■ Pottery Valley
122 .9%
■ Redwood Coast
251 1.8%
■ Redwood Valley
551 3.9%
■ Ridgewood
32 .2%
■ South Coast
266 1.9%
■ Ukiah FA (County) 1081 7.6%
Ukiah FA (City)
193013.5%
■ Westport
54 .4%
■ EMS No Fire Resp 4900 34.31/16
Other
192913.5%
* Little Lake Fire only includes calls handled by the Howard Forest Command Center
ITEM NO.: 3d
MEETING DATE: March 2, 2016
city of, vkiah
-
AGENDA SUMMARY REPORT
SUBJECT: RECEIVE AND DISCUSS PRESENTATION FROM THE STAFF OF THE MENDOCINO
COUNCIL OF GOVERNMENTS ON "CITY ROAD CONDITIONS AND FUNDING FOR
CORRECTIVE MAINTENANCE"
Summary: Council will receive and discuss a presentation on road conditions in the City of Ukiah along
with some funding strategies for corrective maintenance.
Background: In April 2015, the City Council created an Ad -Hoc to participate in the Mendocino Council of
Governments (MCOG) efforts to determine the feasibility of a sales tax measure for both the City of Ukiah
and the unincorporated areas of the County of Mendocino. In an effort to prepare the City Council for the
discussion of this topic the City Engineer presented a streets and pavement system overview at the
strategic planning session on February 25, 2016.
Discussion: The presentation by MCOG will focus on several aspects of the condition of the City streets
and possible strategies for improving the existing conditions. MCOG will also present the results of the
polling effort that was put forward on behalf of both the City and the County. This presentation is also
scheduled to be presented to the County of Mendocino on March 1, 2016
FISCAL IMPACT:
Budgeted
New Appropriation
Sage Sangiacomo, City Manager.
Bud et
Previous
Amount in
Source of Funds
Account Number
Amendment
Contract or
Purchase Order
15 -16 FY
(Title & No.)
Required
No.
N/A
N/A
N/A
Yes ❑ No ®
N/A
RECOMMENDED ACTION(S): Receive report and provide direction to Staff.
ALTERNATIVES: N/A
Citizens advised:
N/A
Requested by:
Sage Sangiacomo, City Manager.
Prepared by:
Tim Eriksen, Director of Public Works /City Engineer.
Coordinated with:
N/A
Presenter:
Tim Eriksen, Director of Public Works /City Engineer and MCOG Staff.
Attachments:
N/A
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to
RECORDs APPROVED' ❑ Agreement: ❑ Resolution:
Note: Please write Agreement No. in upper right corner of agreement when drafted.
Approved:
S e Sang'" como, City Manager
❑ Other
❑ Ordinance:
ITEM NO.: 7a
MEETING DATE: _ March 2, 2016
city of, uk ah
AGENDA SUMMARY REPORT
SUBJECT: AUTHORIZATION TO EXECUTE A RESTATED AND AMENDED LICENSE AGREEMENT
BETWEEN THE CITY OF UKIAH AND NEW SINGULAR WIRELESS PCS, LLC FOR THE
CIVIC CENTER CELLULAR TOWER AND SUPPORTING STRUCTURES
Summary: The City currently collocates vital public safety and City communication equipment on the
existing Cellular Tower at the Ukiah Civic Center. This collocation is with AT &T (formally named New
Singular Wireless LLC) who has a license agreement with the City of Ukiah for the Cellular Tower and
the fenced site at the base that contains the equipment shelter for the tower. Since early 2015, AT &T
has been working on expanding the licensed area to install a new mono -pine cellular tower adjacent to
the currently licensed area. In March of 2015, AT &T was issued a use permit for the new tower after a
public hearing with the Ukiah Planning Commission. The City has subsequently issued building permits
for the new tower contruction. In order to proceed with placement and construction of the new tower a
Restated and Ammended License Agreement with an increase in monthly fees to the City from AT &T
will need to be executed. Once the new tower is in place and operable, AT &T will surrender the original
tower to the City for its exclusive use.
Background and Discussion: In 2001, the City entered into an agreement with Edge Wireless to
contruct a cellular tower, fencing of the ground space and the equipment shelter to the rear of the Civic
Center near the the fire and police wings of the building. This agreement has brought revenue to the City
by way of a license agreement where the Cellular Company pays the City on a monthly basis for the use
of the ground and allows the City to collocate vital public safety and City communication equipment on
the tower and in the related structures. Edge wireless was eventually acquired by AT &T. Upgrades and
improvements have been made over the years and management of this site by the City has been
increasingly difficult as technology improvements over time have required constant work to be done by
the Cellular Companies. The management and monitoring of work being done by the Cellular companies
have been difficult and time consuming and at times have interfered with the Public Safety
Communications equipment collocated on the tower and in the base shelter. Strict access protocol has
been put in place and the License Agreement with AT &T has been updated and modified several times,
most recently in 2013 which included the expansion to the license agreement for underground fiber
brought to the tower site from Dora Street across the Civic Center Property.
Continued to Page 2.
RECOMMENDED ACTION(S): Authorize the City Manager to execute the Restated and Amended License
Agreement with New Singular Wireless PCS, LLC for the cellular tower operations on the Civic Center
property.
ALTERNATIVES: Provide Staff with alternate direction.
Citizens advised: N/A
Requested by: Trent Taylor, Support Services Captain.
Prepared by: Trent Taylor, Support Services Captain.
Coordinated with: David Rapport, City Attorney; Sage Sangiacomo, City Manager; and Chris Dewey, Police
Chief.
Presenter: Chris Dewey, Police Chief.
Attachment: 1, Draft Restated and Amended License Agreement with New Singular Wireless PCS, LLC
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDS APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Note: Please write Agreement No. in upper right corner of agreement when drafted.
Approved: ..
S be 15nifiacorno, City Manager
The existing cellular tower structures capacity appears to be "maxed out" at this time which negates the
ability of the Cellular Companies or the City to place additional equipment on the tower should expansion be
desireable or necessary in the future.
The Police Department supported this new tower project during the planning phase and the subsequent
issuance of a Use Permit by the Planning Commision as it will allow AT &T and City communication
equipment on the existing tower to no longer be collocated with the cellular company and will allow room on
the existing tower for the City expansion of equipment on the tower for many years into the future if
necessary. Additionally, security concerns for the City equipment will be less as the cellular companies will
no longer be working around our critical communication equipment on the existing tower. The City would
also benefit by having the ability to place additional IT network equipment on the existing tower since City is
granted exclusive use and ownership of the existing tower. Additionally, by restating and amending the
License Agreement additional revenue will be received by the City and we will proceed into the future with
our own communications tower that would be otherwise be predictably cost prohibitive for the City construct.
For the past four months the City Attorney and Police Department Staff have been negotiating the terms of
the Restated and Amended License agreement with AT &T which resulted in the final draft version attached
as exhibit "A ". The City Attorney has approved the legal structure of the agreement and AT &T has agreed to
the monthly cost of the additional licensed ground space to be occupied by the new tower and future annual
cost escalators for the existing and expanded licensed permises in addition to a one time administrative fee
of $5000 for cost recovery for the City time spent preparing and negotiating the agreement. The initial term
of the agreement is 5 years with an additional option for renewal of 4 additional 5 year terms for a total of 25
years. For the expanded area the City will receive an additional $423.20 per month above the current
monthly fee of $1,888.40 the City is now receiving under the existing agreement. The annual escalator of all
fees received for the life of the agreement is 5% per year. Staff feels that the ongoing license costs to AT &T
and the length of term of the agreement are in line with current market trends based on our research of the
market.
Fiscal Impact:
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
N/A
N/A
N/A
Yes ❑ No ®
N/A
Attachment 1
RESTATED AND AMENDED LICENSE AGREEMENT
BETWEEN
CITY OF UKIAH
AND
NEW CINGULAR WIRELESS PCS, LLC
THIS RESTATED AND AMENDED LICENSE AGREEMENT ( "Agreement "),
dated as of the latter of the signature dates below ( "Effective Date "), is entered in Ukiah,
California, by and between the City of Ukiah ( "City "), and New Cingular Wireless PCS, LLC, a
Delaware limited liability company ( "Licensee "). City and Licensee may be referred to herein
individually as a "Party," and collectively as the "Parties."
RECITALS:
A. City owns that certain plot, parcel or tract of land, as described on Exhibit 1,
together with all rights and privileges arising in connection therewith, located at 300 Seminary
Avenue, in the City of Ukiah, County of Mendocino, State of California (collectively, the
"Property "). Licensee desires to use a portion of the Property in connection with its federally
licensed communications business. City desires to grant to Licensee the right to use a portion of
the Property in accordance with this Agreement.
B. City and Licensee's predecessor -in- interest, Edge Wireless, LLC, an Oregon
limited liability company ( "Edge "), entered into that certain License Agreement dated July 17,
2001, as amended by the First Amendment to License Agreement dated June 13, 2005
(collectively, the "Original Agreement "), whereby City licensed to Edge (i) a portion of the
Property comprising approximately two hundred ninety -two (292) square feet ( "Premises A ") as
more particularly described and/or depicted in Exhibit 2, and (ii) and a separate area comprising
approximately six hundred twenty (620) square feet upon which an equipment shelter
( "Equipment Shelter Area ") has been installed, and which area forms a portion of Premises B
(as defined in Section 1 below).
C. Licensee succeeded to all of the right, title and interest of Edge in and to the
Original Agreement.
D. City and Licensee further amended the Original Agreement pursuant to that
certain Second Amendment to License Agreement dated as of May 21, 2013 ( "Second
Amendment ").
E. The Original Agreement as amended by the Second Amendment are hereinafter
collectively referred to as the "Existing Agreement ".
F. The Parties now wish to amend and restate in their entirety all of the terms,
covenants and conditions of the Existing Agreement.
Attachment 1
AGREEMENT:
NOW, THEREFORE, in consideration of the above - recitals and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, City and Licensee
now amend and restate the Existing Agreement in its entirety, and agree as follows:
1. License, Construction of New Tower, Surrender of Premises A & Transfer of Existing
Tower.
(a) License. Subject to the terms and conditions set forth in this Agreement, City
grants to Licensee the following:
(i) a non - exclusive license coupled with an interest to Premises A;
(ii) a non - exclusive license coupled with an interest to those portions of the
Property as follows:
(A) the Equipment Shelter Area;
(B) an area comprising approximately Two Thousand One Hundred
Sixteen (2,116) square feet for Licensee's installation of a new communications tower ( "New
Tower Area ");
(C) an additional five feet (5') on either side of a centerline for a distance
of approximately three hundred thirty-four feet (334') [comprising approximately Three
Thousand Three Hundred Thirty -Five (3,335) square feet] (the "Underground Conduit Area "),
all as more completely described or depicted on attached Exhibit 3. (The Equipment Shelter
Area, the New Tower Area and the Underground Conduit Area are collectively referred to herein
as "Premises B "); and
(iii) a non - exclusive license over the Property for access to the Premises (as
defined below) from the nearest public right -of -way, subject to the terms and conditions set forth
in this Agreement. Premises A and Premise B are hereinafter sometimes collectively referred to
as the "Premises ".
(b) Testing of Premises B. Prior to commencing the use of Premises B and during the
Term, Licensee and its agents, engineers, surveyors and other representatives will have the right,
but not the obligation, to enter upon Premises B to inspect, examine, conduct soil borings,
drainage testing, material sampling, and other geological or engineering tests or studies of
Premises B (collectively the "Tests ") subject to limitations set forth herein, and otherwise to do
those things on Premises B that, in the opinion of Licensee, are necessary to determine the
physical condition of Premises B, the environmental history of Premises B, City's title to
Premises B, and the feasibility or suitability of Premises B for Licensee's permitted uses, all at
Licensee's expense. In conducting any Tests or other activity pursuant to this Section 1(b),
Licensee shall not interfere with the regular business of the City conducted in or around Premises
B. Licensee shall consult with City on the Tests or other activities it plans to undertake and
schedule and conduct those activities only as approved by City. Licensee shall notify the City in
writing whether the Premises is suitable for the permitted uses within 120 days following the
Effective Date. If Licensee determines that the Premises are not suitable for the permitted uses, it
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shall restore the Premises to the condition it was in before Licensee performed Tests or other
activity to make the determination and this Agreement shall terminate when Licensee has
restored the Premises to its previous condition to the approval of City which shall not be
unreasonably withheld or delayed.
(c) Construction of New Tower. Following the Effective Date and Licensee's
determination that Premises B is suitable for the permitted uses, Licensee shall construct a new
monopine or other antenna structure ( "New Tower ") in the New Tower Area of Premises B for the
transmission and reception of communications signals in accordance with the plans and
specifications attached hereto as Exhibit 4. City and Licensee agree that any portion of the
Licensee's Facilities (as defined in Section 2 below) that may be conceptually described on
Exhibit 4 will not be deemed to limit Licensee's permitted uses set forth herein. If Exhibit 4
includes drawings of the initial installation of the Licensee's Facilities in Premises B, City's
execution of this Agreement will signify City's approval of Exhibit 4. Licensee shall not
commence the construction of the New Tower ("New Tower Work ") until it has been issued any
permits required for the New Tower Work, including, but not limited to, a building permit to
Licensee following Licensee's application for same. All New Tower Work shall be performed in
accordance with the terms and conditions set forth in Section 8 below. Portions of the New Tower
Area in reasonable proximity of the New Tower may be used by the City in a reasonable manner
by the City for the parking of vehicles, access to City buildings on the Property, landscaping and
any other municipal uses, provided that such uses shall not materially and adversely interfere with
Licensee's use of the New Tourer, the Underground Conduit Area or the access rights of Licensee
and its sublicensees to any other portion of Premises B.
(d) Removal of Antennas and Equipment from Existing Tower. Within thirty (30)
days following the last to occur of (i) the completion of the New Tower Work, (ii) the
commencement of on -air operations of Licensee's Facilities installed upon the New Tower in
Premises B, and (iii) the commencement of on -air operations of Licensee's existing sublicensee,
California Rural Service Area #1, Inc., a California corporation ( "U.S. Cellular "),
communications facility ( "U.S. Cellular Facilities ") in Premises B, Licensee shall commence
and diligently prosecute to completion the removal of all portions of the License Facilities and
the U.S. Cellular Facilities located on its existing lattice tower ( "Existing Tower ") located in
Premises A. Licensee shall promptly cause the repair of any damage to the Existing Tower
caused by the removal of the Licensee's Facilities or the U.S. Cellular Facilities at its sole cost.
(e) Surrender of Premises A & Transfer of Existing Tower. Upon completion of the
removal of all portions of the Licensee's Facilities located on the Existing Tower and all portions
of the U.S. Cellular Facilities located on the Existing Tower pursuant to Section 1(d) above, as
reasonably determined by City in consultation with Licensee, Licensee shall promptly surrender
possession of Premises A to City in its "as is, where is" condition, and City shall accept such
surrender, and thereafter, Licensee shall have no further rights to, or obligation or liability arising
from or in connection with Premises A. Such surrender of possession of Premises A by Licensee
shall not effect in any manner the licensing of Premises B by City to Licensee pursuant to this
Agreement, or any of the other terms and conditions of this Agreement. Additionally, upon
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Licensee's surrender of possession of Premises A, ownership of the Existing Tower shall
automatically transfer from Licensee to City in its "as is, where -is" condition, and without
warranty express or implied, and without the necessity of a further writing exchanged between
City and Licensee. Thereafter, Licensee shall have no further rights to, or obligation or liability
arising from or in connection with the Existing Tower. Notwithstanding anything to the contrary
set forth in this Section 1(e), in the event that this Agreement is terminated prior to the transfer of
ownership of the Existing Tower as a result of a casualty event which has resulted in substantial
damage to, or total destruction of the Existing Tower, then City shall have no right to elect to
take ownership of the Existing Tower.
2. Use of Premises.
(a) Use of Premises. Subject to the terms and conditions of Section 1 above, Licensee
may use the Premises solely for the purpose of (i) operating the Existing Tower, antennas,
equipment shelter, and related equipment (collectively, "Licensee's Facilities ") in their current
location, and (ii) installing and operating the New Tower and Licensee's Facilities in their
locations as generally depicted in Exhibit 4, for the transmission and receipt of radio - telephone
and other electrical signals for PCSlcellular telephone service under the FCC authorization issued
to Licensee in a manner that does not interfere with City's use of the Existing Tower for its
communications facilities that are operated by City in compliance with Laws (as defined below).
Subject to the terms and conditions of this Agreement, Licensee shall have a right of access to the
Premises that includes the placement of utility facilities underground to service the Premises in
accordance with an encroachment permit issued by the City to Licensee at no additional cost, other
than generally applicable fees or charges associated with such permits or other entitlements
required by law, including City ordinances and resolutions. Licensee shall not locate any other
antennas on the Existing Tower or related equipment on Premises A used by any other person or
entity or for any other purpose without the consent and agreement of the City. Licensee shall
comply with all applicable federal, state, and local laws, orders, rules and regulations (collectively,
"Laws "), applicable to Licensee's use of the Licensee's Facilities on the Property. City agrees to
comply with all Laws.
(b) The City shall have the right to approve the design and construction of any new
facilities on the Premises, including the construction or relocation of the Existing Tower. Subject
to the terms and conditions set forth in Section 1 above, which among matters, set forth the terms
and conditions under which Licensee transfers all its right, title and interest in the Existing Tower
to the City, Licensee shall remain the owner of the Existing Tower, the New Tower, its equipment
shelter, and its equipment installed on the Existing Tower and on the New Tower or inside the
Equipment Shelter. The City is granted a license by Licensee to use one rack inside Licensee's
equipment shelter in the Equipment Shelter Area. The foregoing right is personal to the City and
may not be transferred to or shared with any other party. Upon termination of this Agreement by
Licensee (other than as a result of a material breach by City) or if Licensee provides notice that it
will not exercise any of its options to renew this License, the New Tower and the equipment shelter
in the Equipment Shelter Area shall become the property of the City in "as is, where is" condition,
provided, however, that the Licensee Facilities shall remain the property of Licensee. If the City
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terminates this License (other than as a result of a default by Licensee), the New Tower and the
equipment shelter shall remain the property of Licensee.
3. Term of License Agreement.
(a) The initial term of this Agreement shall commence upon the Effective Date and
shall expire five (5) years thereafter (the "Initial Term ").
(b) Option to Renew. Licensee shall have the option to renew this Agreement for up
to four (4) additional terms of five (5) years each (each additional five (5) year term is
hereinafter referred to as an "Extension Term "), upon a continuation of all the same provisions
hereof. Each option to extend this Agreement shall be automatically exercised by Licensee or its
successors, unless written notice is sent by certified mail, addressed to the City at the address
shown in Section 21 below, three (3) months prior to the expiration of the Initial Term or the
applicable Extension Term, as the case may be. The Initial Term, and any Extension Terms
exercised, shall hereinafter collectively be referred to as the "Term ".
4. Termination. Licensee shall have the right to terminate this Agreement or any extension
thereof at any time upon giving the City sixty (60) days' written notice. If this Agreement is
terminated, all antennas and equipment belonging to and installed by Licensee shall remain the
property of the Licensee. The New Tower and the Existing Tower, equipment shelter and City
owned antennas and equipment shall remain the property of the City provided, however, that if this
Agreement is terminated by Licensee due to an uncured default by City, then at Licensee's option,
Licensee may elect to remove the New Tower and seek reimbursement from City for all costs of
removal including transport of the New Tower or leave the New Tower in place in "as is, where is"
condition, in which case City shall reimburse Licensee for Licensee's unamortized cost of the New
Tower. Upon the termination of this Agreement, Licensee shall have one hundred twenty (120)
days to remove its antennas and equipment from the New Tower and shelter. In removing its
antennas and equipment from the Premises, Licensee shall not cause a public or private nuisance
or otherwise materially and adversely interfere with City's use of the Existing Tower or City's
antennas and related facilities. Licensee shall indemnify and hold City harmless from any cost,
damage, or liability arising from any material and adverse interference to City's use of the
Existing Tower or City's antennas and related facilities caused by Licensee or its officers, agents,
employees or contractors during such removal, except to the extent attributable to the negligent
or willful act or omission of City, its employees, agents or independent contractors. Following
City's compliance with applicable written notice and time periods pertaining to City belief that
License's antennas and equipment have been abandoned, any equipment remaining on Premises
B after the later of one hundred twenty (120) days following the expiration or earlier termination
of this Agreement and the date following the time period that Licensee must respond to the
City's written notice of belief of abandoned property, thereafter, become the property of the City,
which it may use or dispose of as it sees fit. Licensee shall pay any costs to dispose of the antennas
or equipment, if the City elects to dispose of it. Any such costs shall be reduced by the amount, if
any, received by the City for the sale of same.
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
5. License Fee & Administrative Fee.
(a) Initial License Fee. Commencing on the first (1St) day of the month following the
Effective Date ( "License Fee Commencement Date "), Licensee shall pay a license fee
( "License Fee ") in the amount of Two Thousand Three Hundred Eleven and 601100 Dollars
($2,311.60) per month, which shall be due on the first day of each calendar month following the
Effective Date during the Term. The License Fee shall be payable to the City of Ukiah and must
be received by the City Finance Department located at 300 Seminary Ave., Ukiah, CA 95482, by
4 p.m. PST on the first day of each month. License Fees not received by the tenth (10th) day
following that date and time shall be considered delinquent. Delinquent License Fees shall be
subject to a late fee of One Hundred Dollars ($100) and interest on the unpaid balance, including
unpaid late fees, until paid in full, at the rate of Ten Percent (10 %) per annum or the maximum
rate of interest allowed by law, whichever is less. Notwithstanding the foregoing, City hereby
grants to Licensee a one -time grace period of forty -five (45) days following the License Fee
Commencement Date to forward the initial payment of the License Fee to City.
(b) [Intentionally omitted]
(c) Annual License Fee Increase. On every one (1) year anniversary of the License
Fee Commencement Date, the monthly License Fee shall be increased by Five Percent (5 %) over
the monthly License Fee paid during the previous year.
(d) One -Time Administrative Fee. Within forty -five (45) days following the
Effective Date, Licensee shall pay to City a one -time administrative fee of Five Thousand and
No /100 Dollars ($5,000.00) in connection with City's review and execution of this Agreement.
(e) Possession of Premises. Licensee shall not be entitled to take possession of
Premises B (other than the Equipment Shelter Area) and commence work to construct the New
Tower unless Licensee has paid all fees then due.
6. Utilities. Licensee shall solely and independently be responsible for all costs of
providing utilities including the separate metering, billing, and payment of utility services
consumed by Licensee's operations to (i) Premises B and (ii) Premises A, provided, however,
that Licensee's responsibility for utilities serving Premises A shall end immediately when the
Existing Tower on Premises A is transferred from Licensee to the City.
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7. Property.
(a) Licensee shall pay the personal property taxes levied against the Licensee's
Facilities and the real estate taxes levied against the land underlying Premises A until the date
that Licensee surrenders possession of Premises A to the City pursuant to Section 1(e) above, if
any, and the real estate taxes levied against the land underlying Premises B, if any. If the
classification of the land for tax purposes changes as a result of Licensee's commercial use, then
Licensee shall be responsible for increases attributable to such commercial use.
(b) The Premises is exempt from real and personal property taxes as City owned
property. Licensee shall be solely responsible for any personal property or possessory interest
taxes resulting from its use of the license of the Premises during this Agreement.
8. Maintenance and Repairs and Related Access.
(a) Subject to the procedures and the payment of costs as further set forth in this
Section 8, Licensee shall maintain Licensee's Facilities (the New Tower, Licensee's Facilities
serving the New Tower, Licensee's equipment installed on the New Tower, Licensee's
equipment shelter and Licensee's equipment in the equipment shelter) in good repair and
working order, shall prevent the Licensee's Facilities from deteriorating and shall promptly make
repairs to the Licensee's Facilities, when necessary to maintain them in good repair and working
order, and may at its own expense alter or modify the Licensee's Facilities to suit its needs
consistent with the intended use of the Premises and provided, such modifications do not
interfere with the City's communication facilities located on the Existing Tower, nor with the
City's use of Premises A and surrounding property. Licensee shall not be responsible for
maintenance of the City's communication facilities located on Premises A, except any such
repairs made necessary by Licensee's activities on the Premises.
(b) Not less than seventy -two (72) hours before commencing any work on the
Premises or on any other City property, whether Licensee uses its own employees or independent
contractors or is authorizing a sublicensee to commence any work on the Premises, Licensee
shall:
(i) Provide City with written notice of the name and contact information for
the Licensee's employee authorized to request access to the Premises on behalf of Licensee. All
requests for access to the Premises must come from an employee of Licensee, and the City
reserves the right in City's discretion to deny access to the Premises from a vendor or contractor
of Licensee until and unless a written request for access is provided from an employee of
Licensee. The City and the City's Police Department shall provide Licensee with the name and
email address of the designated official to grant requests for access at the beginning of each year
or any time there is a change in the designated official.
(ii) File with the City's Police Department a detailed description of the
location where the work will be performed, the specifications for the work, the name, contact
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information and scope of work to be performed by each subcontractor, number of people
requiring access to the Premises with their names, phone numbers and company information, and
a schedule for commencing and completing the work.
(iii) Receive approval from the City's Police Department for the work and the
schedule;
(iv) Apply for and obtain any building or other applicable permits required by
the Ukiah City Code, including building permits, site development or use permits and
encroachment pen-nits;
(v) Deposit with the City money to cover the City's costs in reviewing and
approving the work plan and in supervising and inspecting the work or the work areas. The
amount of the deposit shall be determined by the City's Police Department based on the City's
estimate of the time required of City employees multiplied by an hourly rate for the employees'
time to include cost of salaries, benefits and associated overhead, and any other expenses
incurred by City in performing these services. Within thirty (30) days after Licensee's receipt of
written notice and invoice from City of the actual cost of such service, accompanied by
reasonable substantiation of any such cost and expense, any portion of the deposit that exceeds
the actual cost shall be refunded to Licensee. Within that same thirty (30) day period, Licensee
shall pay City any portion of the actual cost that exceeds the amount of the deposit.
(vi) Those accessing the Premises to perform work must check in at the pre-
arranged time at the front counter of the City's Police Department and have with them the
necessary codes and keys to access the Premises. They must have in their possession and
produce upon demand verifiable identification and proof of employment with the company that
has been granted pre-arranged access.
(vii) In the event emergency access is needed for equipment failure or
malfunction those needing access must come to the City's Police Department Night Entrance and
gain approval for access from the on -duty Police Watch Commander and be prepared to
demonstrate identity as stated in Section 8(b)(vi) above.
(viii) Access for regular equipment maintenance or inspection may be granted to
specific persons by presenting an annual schedule in advance at the beginning of each calendar
year to the Ukiah Police Department for consideration and approval.
(ix) All access, any time, regardless of the reason, by each person and
company accessing the Premises must be legibly logged in with each person's name, company
name, valid contact information and the date, time and reason for access in the Licensee's log
book stored in the tower shelter. The log book shall remain in the tower shelter and not be
removed without prior approval of the City's Police Department.
(x) In addition to any other remedies available to the City to enforce the
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requirements of this Agreement, failure to comply with any of the above listed access
requirements may be cause for the City's Police Department to deny future access to Licensee's
vendor which violates these procedures or to remove from the Premises or arrest those persons
who the City's Police Department have probable cause to believe to be trespassing on the City's
Property.
9. Non - Interference.
(a) Licensee agrees to install equipment of types and frequencies which will not
cause interference to the communications equipment of the City. In the event Licensee's
equipment causes such interference, Licensee shall cooperate with City in determining the source
and will immediately take all steps necessary to correct and eliminate the interference. If said
interference cannot be eliminated within forty -eight (48) hours after receipt of notice from City
to Licensee of the existence of such interference and City has determined Licensee's equipment
to be the source of said interference, Licensee shall discontinue use of the equipment creating
said interference. Licensee shall shut down the interfering equipment except for intermittent
operation for the purpose of testing after performing any maintenance, repair, modification,
replacement or other action for the purpose of correcting such interference. If such interference
is not corrected within thirty (30) days after receipt of the aforesaid notice, Licensee shall
remove the interfering equipment from the Premises. In the event that the cause of such
interference cannot be pinpointed to a particular piece of equipment or system, Licensee shall
disconnect the electric power and shut down all of its equipment until such time as the
interference problem is corrected. If such interference is not corrected within thirty (30) days
after receipt of the aforesaid notice, Licensee shall remove its equipment from the Premises
within an additional ten (10) day period. The Agreement shall then terminate without further
obligations then owing or past -due and except as may otherwise be specifically enumerated
herein. City shall not be liable to Licensee for any interruption of service of Licensee or for
interference with the operation of Licensee's equipment.
(b) Notwithstanding the foregoing, in the event that said interference interferes with
City's own equipment and in City's sole judgment, said interference jeopardizes the safe
operation of City's operations, Licensee will be responsible for eliminating the interference
within twenty -four (24) hours, upon becoming aware of such interference. City reserves the right
to disconnect power to the interfering equipment if Licensee is unable to eliminate said
interference within twenty -four (24) hours of said notification.
(c) Licensee has satisfied itself and hereby represents and warrants to City that no
such interference shall result to the currently existing systems of City. Licensee agrees to
indemnify, hold harmless and defend City against any claim or damage, including reasonable
attorney's fees, arising out of such interference These obligations shall extend to any additional
or different communications equipment installed by City on the Existing Tower after the
Effective Date, provided that City shall give at least sixty (60) days' advance written notice to
Licensee of City's plans for adding any such equipment, and a reasonable opportunity thereafter
for Licensee to meet and confer with City before adding such equipment, If Licensee reasonably
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identifies that such new equipment could create interference with Licensee's Facilities, then City
and Licensee shall use reasonable efforts to develop solutions which would resolve or minimize
such interference, provided, however, that the parties acknowledge that if City and Licensee are
unable to develop solutions after reasonable efforts to do so, that City's need to add equipment
related to police and/or emergency response capability on the Existing Tower shall be paramount
whether or not the City's equipment causes interference with Licensee's Facilities.
(d) Licensee shall be responsible for performing all engineering studies to ensure that
the placement of its equipment at the Premises will not cause interference with any existing
equipment or equipment the parties contemplate the City to install on the Existing Tower or
which uses or relies upon those facilities.
(e) If any future equipment installed by Licensee or its sub - licensees interferes with
the City's communications, the City's needs shall prevail over any conflicting needs of Licensee
or its sub - licensees and they shall be required to modify or remove their interfering equipment.
(f) Licensee shall not use the Premises in any other way which interferes with the use
of Premises A by City, the provision of services to City's customers, or the use of the Premises
by other tenants or licensees of City. Similarly, except as otherwise specifically provided in this
Section 9, City shall not use, nor shall City permit its tenants, licensees, employees, invitees or
agents to use any portion of City's real property in any way which unreasonably interferes with
the operations of Licensee. Such interference shall be deemed a material breach by the
interfering party who shall, upon written notice from the other party, be responsible for
terminating such interference. In the event any such interference does not cease promptly, the
parties acknowledge that continuing interference may cause irreparable injury and, therefore, the
injured party's exclusive remedy shall be the right to bring an action to enjoin such interference
and/or to terminate this Agreement.
10. Mutual Indemnification.
(a) Licensee shall indemnify, defend and hold City harmless from and against any
claim, law suit, judgment, loss, damage, cost or injury caused by, or on behalf of, or through the
fault of Licensee, or its contractors, subcontractors, or sub - licensees, or in any way directly
resulting from the presence of Licensee, or its contractors, subcontractors or sub - licensees upon
City's lands, including the Premises, or any associated easements. As used in this Section 10(a),
"City" includes its officers and employees.
(b) City shall indemnify and hold Licensee harmless from and against any loss,
damage, cost or injury caused by, or on behalf of, or through the fault of the City. Nothing in
this Section 10 shall require a party to indemnify the other party against such other party's own
willful or negligent misconduct.
11. Insurance. Licensee shall, at all times during the Term of this Agreement at its cost and
expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and
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maintain the required insurance may result in the termination of this Agreement at City's option.
If Licensee fails to procure and maintain the insurance described below, Licensee shall be in
material breach of this Agreement. In case of breach, City, at its election, shall have the right to
terminate the Agreement or to procure and maintain, at Licensee's expense, substitute insurance
with right of offset against any money due Licensee.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office ( "ISO) Commercial General Liability Coverage
Form No. CG 00 01.
(ii) ISO Form No. CA 0001 covering Automobile Liability, Code 1 "any auto"
or Code 8, 9 if no owned autos and endorsement CA 0025.
(iii) Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
(b) Limits of Insurance. Licensee shall maintain limits of:
(i) General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance
or other form with a general aggregate limit is used, the general aggregate limit shall apply
separately to the work performed under this Agreement, or the aggregate limit shall be twice the
prescribed per occurrence limit.
(ii) Automobile Liability: $2,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and Employers Liability limits of
$1,000,000 per accident.
(c) Self-Insured Retentions. Self- insured retentions must be declared to the City.
(d) Other Insurance Provisions. The required policies are to contain, or be endorsed to
contain, the following provisions:
(i) General Liability and Automobile Liability Coverages
(A) The City, it officers, officials, employees and volunteers are to be
covered as additional insured as respects; liability arising out of activities performed by or on
behalf of the Licensee, products and completed operations of the Licensee, premises owned,
occupied or used by the Licensee, or automobiles owned, hired or borrowed by the Licensee.
The coverage shall contain no special limitations on the scope -of- protection afforded to the City,
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its officers, officials, employees or volunteers except shall not apply to sole negligence of
additional insureds.
(B) The Licensee's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers. Any insurance or self -
insurance maintained by the City, its officers, officials, employees or volunteers shall be excess
of the Licensee's insurance and shall not contribute with it.
(C) Any failure to comply with reporting provisions of the policies
shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
(D) The Licensee's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(E) Worker's Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from Licensee's activities
pursuant to this Agreement.
(ii) All Coverages. Licensee shall provide at least thirty (30) days' advanced
written notice to City of any cancellation or non - renewal of any required coverage that is not
replaced.
(e) Acceptability of Insurers. Insurance is to be placed with eligible California
insurers with an A.M. Best's rating of no less than A -VII for financial strength.
(f) Verification of Coverage. Licensee shall furnish the City with certificates of
Insurance and with original endorsements effecting coverage required by this Agreement. The
Certificates and Endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on
ACCORD forms. All Certificates and Endorsements are to be received and approved by the City
before the License Fee Commencement Date.
(g) Subcontractors. If Licensee uses contractors or subcontractors in its maintenance,
repair, replacement, upgrading or other work on the Premises, it shall require reasonable and
prudent coverage and limits from any of its subcontractors doing work hereunder.
(h) Property Loss. Licensor shall not be liable for any loss or damage to Licensee's
property to the extent of the indemnification herein.
Notwithstanding the foregoing, Licensee shall have the right to self - insure the coverage required
above. In the event Licensee elects to self - insure its obligation to include Licensor as an
12
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
additional insured, the following provisions shall apply:
Additional insured status:
(i) shall be limited to bodily injury, property damage or personal and advertising
injury caused, in whole or in part, by Licensee, its employees, agents or independent
contractors;
(ii) shall not extend to claims for punitive or exemplary damages arising out of the
acts or omissions of Licensor, its employees, agents or independent contractors or where
such coverage is prohibited by law or to claims arising out of the gross negligence of
Licensor, its employees, agents or independent contractors; and
(iii) shall not exceed Licensee's indemnification obligation under this Agreement,
if any.
Licensor shall promptly and no later than thirty (30) days after notice thereof provide Licensee
with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage
pursuant to this Section and provide Licensee with copies of any demands, notices, summonses,
or legal papers received in connection with such claim, demand, lawsuit, or the like; Licensor
shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of
Licensee; and Licensor shall fully cooperate with Licensee in the defense of the claim, demand,
lawsuit, or the like. Licensee shall notify Licensor about the disposition of all claims by
Licensee's insurance carrier and shall provide Licensor with any information reasonably
requested by Licensor concerning the Licensee's insurance carrier's response to the claim.
12. Opportunity to Cure Non - Monetary Defaults. Except as otherwise provided in Section 9,
Non - Interference, above, if City or Licensee fails to comply with any non - monetary provision of
this Agreement which the other party claims to be a default hereof, the party making such claim
shall serve written notice of such default upon the defaulting party, whereupon a grace period of
thirty (30) days shall commence to run during which the defaulting party shall undertake and
diligently pursue a cure of the default. Such grace period shall automatically be extended for an
additional thirty (30) days, provided the defaulting party makes a good faith showing that efforts
toward a cure are continuing.
13. Transferability of Licensee's Interest.
(a) Licensee's interest under this Agreement may only be assigned in connection with
the transfer of Licensee's FCC authorization to operate a communications facility at the Property
and with the City's prior written consent, which consent shall not be unreasonably withheld.
(b) Notwithstanding the foregoing, Licensee shall have the right to assign, sell or
transfer ( "Transfer ") its interest under this Agreement upon not less than thirty (30) days prior
notice to City (but without the necessity of approval or consent of City), only to (i) any Affiliate
13
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
of Licensee, or (ii) in connection with the sale of substantially all of Licensee's assets in the FCC
market area where the Premises are located, provided that any such Transfer shall not relieve
Licensee from legal responsibility and liability for the performance of and full compliance with
the terms of this Agreement. For the purposes of this Agreement, "Affiliate" shall mean any
person or entity that controls, is controlled by, or is under common control with Licensee and
possesses a net worth of at least Ten Million Dollars ($10,000,000). "Control" of a person or
entity means the power to direct the management or policies of that person or entity, whether
through the ownership of voting securities, membership or partnership interests. Additionally,
Licensee shall have the right to sublicense the use of Licensee's Facilities only to any Affiliate
of Licensee upon not less than thirty (30) days prior notice to City (but without the necessity of
approval or consent of City).
14. Sublicensing. With respect to any sublicensing of the New Tower, equipment shelter and
ground space to any party other than an Affiliate of Licensee, upon giving City fourteen (14)
days' prior written notice, and with the City's consent, which consent shall not be unreasonably
withheld, Licensee may sublicense the use of the New Tower, equipment shelter, and /or ground
space upon Premises B to other co- locators. In furtherance of such sublicenses, if the co- locator
may require additional ground space from the City, then the City may make such additional
ground space available on a "space available" basis pursuant to terms and conditions which are
consistent with the terms and conditions of this Agreement. Additionally, except for any
sublicense to any Affiliate of Licensee, Licensor shall be entitled to receive a fee from Licensee
equal to fifty percent (50 %) of the license fees, late fees and interest actually received from any
such sub - licensee. Payment to City by Licensee of the City's fifty percent (50 %) share of such
sublicense fees shall be due ten (10) days after Licensee's actual receipt of the payment of the
sublicense fee from the applicable sub - licensee. Prior to the commencement date under any
sublicense agreement for which the consent of City is required hereunder, Licensee shall provide
City with a copy of the sublicense agreement and with notice of the date when fees are due and
of the late fees and interest, if any, which are due for delinquent payments. U.S. Cellular is a
current sub - licensee of Licensee, and Licensee shall pay to City Fifty Percent (50° o) of the total
monthly sublicense fee that U.S. Cellular pays to Licensee following Licensee's receipt of such
payment. As of the Effective Date, the total monthly sublicense fee that U.S. Cellular pays to
Licensee is One Thousand Three Hundred Twenty and No/100 Dollars ($1,320.00) per month, of
which, Licensee shall pay Six Hundred Sixty and No /100 Dollars ($660.00) per month to City
following Licensee's receipt of the total monthly sublicense fee from U.S. Cellular.
15. Execution of Other Instruments. City agrees to execute, acknowledge, and deliver to
Licensee other instruments respecting the Premises, as Licensee or Licensee's lender may
reasonably request from time to time, provided that any such instruments are in furtherance of,
and do not substantially expand, Licensee's rights and privileges herein established. Such
instruments may include a memorandum of License Agreement which may be recorded in the
county land records. City also agrees to reasonably cooperate with Licensee's efforts to obtain
all private and public consents related to Licensee's use of the Premises, as long as City is not
expected to bear the financial burden of any such efforts.
14
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
16. Quiet Enjoyment. City covenants that Licensee shall have quiet and peaceable
possession of the Premises throughout the Term as the same may be extended, and that City will
not intentionally disturb Licensee's enjoyment thereof as long as Licensee is not in default under
this Agreement.
17. Subordination. Licensee agrees to subordinate this Agreement to any mortgage or trust
deed which may hereafter be placed on the Premises, provided such mortgagee or trustee
thereunder shall ensure to Licensee the right to possession of the Premises and other rights
granted to Licensee herein so long as Licensee is not in default beyond any applicable grace or
cure period, such assurance to be in form reasonably satisfactory to Licensee. If requested by
Licensee, City agrees to use City's best efforts to assist Licensee in obtaining from any holder of
a security interest in the land underlying the Premises a non - disturbance agreement or attornment
agreement in form reasonably satisfactory to Licensee.
18. Binding Effect. All of the covenants, conditions, and provisions of this License
Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective permitted successors and assigns.
19. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and supersedes any prior understandings or oral or written agreements between the parties
respecting the within subject matter including, but not limited to all of the terms, covenants and
conditions of the Existing Agreement.
20. Modifications. This Agreement may not be modified, except in writing signed by the
party against whom such modification is sought to be enforced.
15
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
21. Notices. All notices, requests, demands and communications hereunder will be given by
first class certified or registered mail, return receipt requested, or by a nationally recognized
overnight courier, postage prepaid, to be effective when properly sent and received, refused or
returned undelivered. Notices will be addressed to the parties as follows:
If to City: City of Ukiah
Attention: City Manager
300 Seminary Road
Ukiah, CA 95482
With copy to: Ukiah City Attorney
David J. Rapport, Esq.
Rapport & !Marston
405 W. Perkins Street
Ukiah, CA. 95482
If to Licensee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site No.: CNU0915
Search Ring Name: Ukiah DT Police
Cell Site Name: Ukiah DT Police (CA)
Fixed Asset No: 10129956
575 Morosgo Drive NE
Atlanta, GA 30324
With a copy to AT &T Legal Department:
New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept. — Network Operations
Re: Cell Site No.: CNU0915
Search Ring Name: Ukiah DT Police
Cell Site Name: Ukiah DT Police (CA)
Fixed Asset No: 10129956
208 S. Akard Street
Dallas, TX 75202 -4206
The copy sent to the AT&T Legal Department or to the City Attorney is an
administrative step which alone does not constitute legal notice. Either party hereto may change
the place for the giving of notice to it by thirty (30) days prior written notice to the other as
provided herein.
16
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
22. Emergency 911 Service. In the future, without the payment of additional rent and at a
location mutually acceptable to City and Licensee, City agrees that Licensee may add, modify
and /or replace equipment in order to be in compliance with any current or future federal, state or
local mandated application, including but not limited to emergency 911 communication services.
23. Memorandum of License. Either party will, at any time upon receipt of fifteen (15) days
prior written notice from the other, execute, acknowledge and deliver to the other a recordable
Memorandum of License substantially in the form of Exhibit 5. Either party may record this
memorandum at any time, in its absolute discretion.
24. [Intentionally omitted.]
25. Force Majeure. Neither City nor Licensee shall be liable for any default or delay in the
performance of its obligations under this Agreement if and to the extent such default or delay is
caused, directly or indirectly, by fire, flood, lightning, earthquake, elements of nature or acts of
God, riots, labor disputes, delays in transportation, unavoidable casualty, inclement weather
conditions, acts of public utilities, public bodies or inspectors, any delay or impediment caused
by the other Party or a party under the direct control or supervision of such other Party, the acts
or omissions of the other Party or any party under the direct control or supervision of such other
Party, or any other cause beyond the reasonable control of such Party; provided, however, that
the non - performing Party is without material fault in causing such default or delay (collectively,
a "Event of Force Majeure "). In the event of an Event of Force Majeure, the non - performing
Party shall be excused from further performance or observance of the obligation(s) so affected
for as long as such circumstances prevail and such Party continues to use its commercially
reasonable efforts to resume performance.
26. Incorporation of Recitals. Recitals A through F are an integral part of this Agreement,
and these Recitals are incorporated in this Agreement by reference.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
17
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
IN WITNESS WHEREOF, the parties hereto bind themselves to this Agreement as of the
Effective Date.
"City" "Licensee"
City of Ukiah New Cingular Wireless, PCS, LLC,
a Delaware limited liability company
By:_
Name:
Its:__
Date:
By: AT &T Mobility Corporation
Its: Manager
By:
Name:
Its:
2016 Date: ,r , 2016
JACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES]
18
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
CITY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )
[fill
before me,
Attachment 1
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his/her their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
19
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
LICENSEE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On
before me,
Attachment 1
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he. .,'she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
20
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
EXHIBIT 1
DESCRIPTION OF PROPERTY
Page 1 of 1
The "Property" is legally described as follows:
The land referred to herein is situated in the State of California, County of Mendocino, City of
Ukiah and described as follows:
Parcel One. (APN 2- 255 -02)
Commencing at the Southeast comer of Clay and Dora Streets in said Ukiah City and running thence
Easterly along the south line of Clay Street one hundred and fifty (150) feet; thence at right angles
Southerly two hundred and fifty (250) feet, thence at right angles Westerly and parallel with Clay Street
one hundred and fifty (150) feet to Dora Street and thence Northerly and along the East line of Dora
Street tow hundred and fifty (250) feet to the point of beginning_
Parcel Two (APN 2- 255 -03)
Beginning at the intersection of the Southerly line of Clay Street and the Easterly line of Dora Street,
thence Easterly along the Southerly line of Clay Street 761.60 feet to the Westerly line of Oak Street,
thence Southerly along said Westerly line of Oak Street 456.5 feet to the Northerly line of the North half of
Jones Addition, the map of which was filed June 11, 1909 in Map Case 1, Drawer 3, Page 36, Mendocino
County Records; thence Westerly along said Northerly line 728 feet to the Easterly line of Dora Street;
thence Northerly along said Easterly line 445 feet to the point of beginning.
Excepting therefrom the following
Commencing at the Southeast comer of Clay and Dora Streets in said Ukiah City and running thence
Easterly along the South line of Clay Street one hundred and fifty (150) feet; thence at right angles
Southerly two hundred and fifty (250) feet, thence at right angles Westerly and parallel with Clay Street
one hundred and fifty (150) feet to Dora Street and thence Northerly and along the East line of Dora
Street two hundred and frfty (250) feet to the point of beginning.
APN: 002 - 255 -02 & 03
21
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
EXHIBIT 2
DEPICTION OF PREMISES A
Page 1 of 2
[Depiction of Premises A Appears on Following One (1) Page]
22
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
EXHIBIT 3
DEPICTION OF PREMISES B
Page 1 of 3
[Depiction of Premises B Appears on Following Two (2) Pages]
23
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
EXHIBIT 4
DESCRIPTION OF LICENSEE'S FACILITIES & NEW TOWER
Page 1 of 13
[Plan Set Dated November 14, 2014, Prepared by Peek Site -Com, Inc.,
Consisting of Twelve (12) Pages, Appears on Following Pages]
24
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
EXHIBIT 5
MEMORANDUM OF LICENSE
[Memorandum of License Appears on Following Pages]
25
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
MEMORANDUM OF LICENSE
Recording Requested by
& When Recorded Return to:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
575 Morosgo Drive NE
Suite 13F, West Tower
Atlanta, GA 30324
APN: 002 - 255 -02 &
002 - 255 -03
Cell Site No.: CNU0915
Search Ring Name: Ukiah DT Police
Cell Site Name: Ukiah DT Police (CA)
Fixed Asset No.: 10129956
State: California
County: Mendocino
MEMORANDUM
OF
LICENSE
Attachment 1
(Space Above This Line For Recorder's Use Only)
This Memorandum of License is entered into on this day of , 2016, by and
between the City of Ukiah, having a mailing address of Attn: City Manager, 300 Seminary Road, Ukiah,
CA 95482 (hereinafter referred to as "City "), and New Cingular Wireless PCS, LLC, a Delaware limited
liability company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta,
GA 30324 (hereinafter referred to as "Licensee ").
1. City and Licensee entered into a certain Restated and Amended License Agreement
( "Agreement") as of the day of , 2016, for the purpose of installing,
operating and maintaining a communications facility and other improvements. All of the
foregoing is set forth in the Agreement.
2. The initial lease term will be five (5) years commencing on the Effective Date of the
Agreement, with four (4) successive five (5) year options to renew.
3. The portion of the land being licensed to Licensee and associated easements are described in
Exhibit A annexed hereto.
26
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
4. This Memorandum of License is not intended to amend or modify, and shall not be deemed
or construed as amending or modifying, any of the terms, conditions or provisions of the
Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between
the provisions of this Memorandum of License and the provisions of the Agreement, the
provisions of the Agreement shall control. The Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, successors, and assigns, subject to the
provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of License as of the day
and year first above written.
"City" "Licensee"
City of Ukiah New Cingular Wireless, PCS, LLC,
a Delaware limited liability company
By: AT &T Mobility Corporation
Its: Manager
By: By:
Name: Name:
Its:
Date:
52016
Its:
Date:
, 2016
[ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES]
27
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
CITY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On before me, ,
(insert name and title of the officer)
personally appeared
9
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is! "are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his/her'their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERYURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature _
(Seal)
28
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
LICENSEE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of
On
before me,
Attachment 1
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same in
his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
29
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15.16
Attachment 1
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of 2
The "Property" is legally described as follows:
The land referred to herein is situated in the State of California, County of Mendocino, City of
Ukiah and described as follows:
Parcel One: (APN 2- 255 -02)
Commencing at the Southeast comer of Clay and Dora Streets in said Ukiah City and running thence
Easterly along the south line of Clay Street one hundred and fifty (150) feet; thence at right angles
Southerly two hundred and fifty (250) feet, thence at right angles Westerly and parallel with Clay Street
one hundred and fifty (150) feet to Dora Street and thence Northerly and along the East line of Dora
Street tow hundred and fifty (250) feet to the point of beginning.
Parcel Two: (APN 2- 255 -03)
Beginning at the intersection of the Southerly line of Clay Street and the Easterly line of Dora Street,
thence Easterly along the Southerly line of Clay Street 761.60 feet to the Westerly line of Oak Street,.
thence Southerly along said Westerly line of Oak Street 456.5 feet to the Northerly line of the North half of
Jones Addition, the map of which was filed June 11, 1909 in Map Case 1, Drawer 3, Page 36, Mendocino
County Records; thence Westerly along said Northerly line 728 feet to the Easterly line of Dora Street;
thence Northerly along said Easterly line 445 feet to the point of beginning.
Excepting therefrom the following:
Commencing at the Southeast comer of Clay and Dora Streets in said Ukiah City and running thence
Easterly along the South line of Clay Street one hundred and fifty (150) feet; thence at right angles
Southerly two hundred and fifty (250) feet, thence at right angles Westerly and parallel with Clay Street
one hundred and fifty (150) feet to Dora Street and thence Northerly and along the East line of Dora
Street two hundred and fifty (250) feet to the point of beginning.
APN: 002 - 255 -02 & 03
The "Premises" is described and/or depicted as follows:
[One -Page Depiction of the Premises Suitable for Recording in Mendocino County
Appears on Following Page]
30
AT &T Site CNU0915 (Ukiah DT Police) Restated and Amended License Agreement 02.15. 16
ITEM NO.: 7b
MEETING DATE: March 2, 2015
t of vkiah
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION FOR USER FEES AT UKIAH REGIONAL AIRPORT
Summary: For several years, hangar rental rates at the airport have not seen an increase. The Airport
Commission and Staff have worked to develop rental rates that bring the current user fees at the airport
back to fair market value. The airport operates as an enterprise fund and has been able to support its
operating cost with the generation of revenue from the users of the airport.
Background: For several years, hangar rental rates at the airport did not see an increase. In 2009, the
Airport Commission along with Staff developed a fee schedule to bring the hangar rate up to a fair market
value. Council approved the new rates and requested that every five years these rates are reviewed and
updated.
Discussion: Staff and the Airport Commission reviewed and updated the current rates. These new rates
will increase yearly by using the Bay Area CPI + 1.5% starting in 2017 and will increase over the next five
years before returning to Council. Staff and the Airport Commission wanted to see a reduction in the Twin
Port-a -Port rental rate due to the lack of rental interest. Pasco hangars are the most sought after hangar
with a current 10 year waiting list and the commission recommends increases for this space type. A
complete list of current and recommended rates are included on page 2 of this report.
The airport operates as an enterprise fund and has been able to support its operating cost with the
generation of revenue from the users of the airport. No General Fund monies are used in the operation of
the airport.
Council is requested to review and approve the attached resolution adjusting rental rates and user fees at
the Ukiah Regional Airport. The new rates are projected to increase revenue by $7,044 per year on
hangar rentals.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
N/A
N/A
N/A
Yes El No Z
N/A
Continued on Paae 2
RECOMMENDED ACTION(S): Adopt Resolution user fees at the Ukiah Regional Airport.
ALTERNATIVES: 1. Determine fees are to be modified, identify changes, and adoption revised resolution;
2. Determine fees are to remain the same and do not adopt resolution; 3. Remand back to staff and the
Airport Commission.
Citizens advised: Airport Commission.
Requested by: Greg Owen, Airport Manager.
Prepared by: Greg Owen, Airport Manager.
Coordinated with: Sage Sangiacomo, City Manager.
Presenter: Greg Owen, Airport Manager.
Attachment: 1. User Fee Resolution
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other _
RECORDS APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Note: Please write Agreement No. in upper right corner of agreement when drafted.
t
Approved:
Spfe SaWg-,05irno, City Manager
Page 2 of 2
The Airport Commission voted 4 -0 in favor of this recommendation.
Activity
New Rate
Current Rate
Open Hangar rental - per month
$95.00
$87
Port-a -Port rental (765 sq ft) - per month
$152.00
$144
Pasco Hangar (small) rental - per month
$220.00
$192
Pasco Hangar (Large) rental - per month
$240.00
$212
"Twin Port-a -Port Hangar rental - per month
$182.00
$239
Office Space rental - per month
$1.35
$1.25
Tie Down - per night
$8
$8
Tie Down - per month
$55
$51
Vehicle Parking - per month
$42
$39
Rental Car Parking - per month
$20
$17
Operations Fees
$200
$191
Landing Fees
Lower weight limit to 8,000 Ibs up to 12, 500 Ibs
$20
$17
Thereafter per 1,000 Ibs
$2.45
$2.38
Fuel Truck Parking rental - per month
$55
$51
Attachment 1
RESOLUTION NO. 2016-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MODIFYING THE RENTAL
RATES AND USER FEES AT THE CITY OF UKIAH REGIONAL AIRPORT
WHEREAS, the City Council of the City of Ukiah desires to modify the rental rates for various
building and user fees at the Ukiah Regional Airport; and
WHEREAS, the City of Ukiah Airport Commission and City Staff have recommended rental
rates for various buildings and fees for various operations; and
WHEREAS, according to analysis and study the following are reasonable rental rates and fees
for the types of buildings and operations at the airport; and
WHEREAS, the increased rates and fees are necessary to meet current and projected costs
associated with the operation of the Airport.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Ukiah hereby adopts the
following rates and fees for the Ukiah Regional Airport to become effective April 1, 2016:
ACTIVITY RATE
Open Hangar rental - per month
$95.00
Port-a -Port rental (765 sq ft) - per month
$152.00
Pasco Hangar (small) rental - per month
$220.00
Pasco Hangar (Large) rental - per month
$240.00
Twin Hangar rental - per month
$182.00
Office Space rental - per month
$1.35
Tie Down - per night
$8
Tie Down - per month
$55
Vehicle Parking - per month
$42
Rental Car Parking - per month
$20
Operations Fees
$200
Landing Fees
Lower weight limit to 8,000 lbs. up to 12,500 lbs. $20
Thereafter per 1,000 lbs. $2.45
Fuel Truck Parking rental - per month $55
BE IT FURTHER RESOLVED effective April 1, 2017, through April 1, 2022, an annual Bay Area
CPI with an additional 1.5% increase. Rental agreements negotiated at these rates may be
executed by the Airport Manager on behalf of the City of Ukiah.
Attachment 1
PASSED AND ADOPTED as Amended by the City Council of the City of Ukiah at a regular
meeting duly held on March 2, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Kristine Lawler, City Clerk
Stephen G. Scalmanini, Mayor
ITEM NO.: 7c
MEETING DATE: March 2, 2016
City of 2lk41k
AGENDA SUMMARY REPORT
SUBJECT: AWARD A THREE -YEAR AGREEMENT FOR ELECTRIC UTILITY LINE TREE TRIMMING
AT VARIOUS LOCATIONS IN THE CITY OF UKIAH TO UTILITY TREE SERVICE, INC.
(EUD)
Summary: Staff is recommending Council to award a 3 -year contract to Utility Tree Service, Inc. for
Electric Utility Line tree trimming near the City's overhead 12,000 Volt lines. Historically this preventive
maintenance has reduced 85% to 95% of the storm related outages.
Background: A Request for Bid was released on January 14, 2016, for Electric Utility Line Tree Trimming
at Various Locations for the City of Ukiah. This work is required to trim trees within close proximity of high
voltage lines for the City's Electric Utility Department. Eighty -five to ninety percent (85 % -90 %) of all city
wide outages are in some way related to trees. The RFP can be reviewed at
www.cityofukiah.com /purchasing under the "Construction Bid Results" tab.
Twenty -two tree trimming contractors, including those on the City's Qualified Contractors List, were notified
and the request was posted to the City's website. Fifteen of the Northern California Builders Exchanges
were also notified of the bid request.
Bids were opened on February 2, 2016, with two bidders responding. A copy of the Bid Tabulation for
Council's review is attached to this document.
Discussion: Submitted for the City Council's consideration and action, it is Staff's recommendation that the
three -year agreement to provide services to trim trees at various locations in the City of Ukiah be awarded
to Utility Tree Services, Inc. The dollar amount for each year depends on the level of tree trimming
requested, and is controlled by each fiscal year's approved budget amount for this work. The budget
amount for the first year (2015/2016) is $110,000.00. Utility Tree Services bid an hourly rate per man hour
of $46.85, which includes all labor and equipment. Contractor will use a three man crew when performing
this work. Crews larger than three men will require the City's Project Manager's approval for special work
activities. Funds for this work are budgeted for the 15/16 fiscal year and are currently available.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
$110,000.00
Electric Utility,
Contractual Services
80026110.52100
Yes ❑ No ®
N/A
Recommended Action(s): Award a three -year agreement for Electric Utility Line Tree Trimming at
various locations in the City of Ukiah to Utility Tree Services, Inc. (EUD)
Alternative Council Option(s): Reject all bids and provide direction to Staff. _
Citizens advised N/A e
Requested by: Tim Santo, Electric Supervisor (Interim).
Prepared by: Mary Williamson, Buyer.
Coordinated with: Mel Grandi, Electric Utility Director and Mary Horger, Purchasing Supervisor.
Presenter: Tim Santo, Electric Supervisor (Interim).
Attachment: 1. Bid Tabulation
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to
RECORDS APPROVED: ❑ Agreement: ❑ Resolution:
Note: Please write Agreement No. in upper right corner of agreement when drafted
Approved.
Sa a Sgn'g Frmo, City Manager
❑ Other
❑ Ordinance:
Attachment 1
Electric Utility Line Tree Trimming at Various Locations for the City of Ukiah
Owner: City of Ukiah
Bid Opening: 02/02/2016
Utility Tree Service, Inc.
Family Tree Service, Inc.
2137 Doker Dr.
Modesto, CA 95351 US
PO Box 1325
Laytonville, CA 95454
US
Tree Trimming
Item #
Item Code
Item Description
QTY
UOM
Unit Price
Item Total
Unit Price
Item Total
1
TREE TRIMMING, INCLUDING ALL
LABOR AND EQUIPMENT, FOR AN
HOURLY RATE PER CREW MEMBER
(MINIMUM THREE (3)PERSON CREW) .
1
HR
$46.85
$46.85
$77.25
$77.25
Bid List Total
$46.851
$77.25
Total Bid Amount
$46.851
1 $77.25
Listed Subs
City of 4[I i lh
ITEM NO.: 12a
MEETING DATE: March 2, 2016
AGENDA SUMMARY REPORT
SUBJECT: REVIEW RESPONSE TO REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF
THE CITY OWNED PARCEL AT NORTON AND MAIN STREET PROPERTIES, AND
PROVIDE DIRECTION TO STAFF
Summary: The City of Ukiah owns two parcels near the corner of North Main and Norton Streets. At
Council's direction Staff released a Request for Proposals (RFP) (Attachment 1) to gauge interest from
private developers on the potential for residential / mixed use development on the site. One qualified
proposal was received. Staff is seeking direction on options to proceed.
Background: The two parcels totaling 1.17 acres were originally purchased by the Ukiah Redevelopment
Agency (Agency) using affordable housing set -aside funds. In February of 2012, the Redevelopment
Agency was dissolved, the property was then transferred to the City of Ukiah, as the Housing Entity,
pursuant to Health and Safety Code Section 34176(a).
The parcel at 345 N. Main Street is vacant and zoned Commercial (Cl), the parcel at 215 Norton Street
contains an existing single - family home and is zoned (R3). The Norton property with the single - family home
is leased on a month -to -month basis ($1,000 monthly). A 60 -day notice to the current lessee would be
required prior to development of the site. The site is well situated for walkable infill development, located
near medical facilities, public transit, services, shopping, and dining. The 345 North Main Street parcel is a
former mobile home park and as such, has 16.64 Equivalent Sewer Service Units (ESSU's) credits. Each
credit is worth approximately $10,911 for a total of $179,377. This combined with an additional water credit
of $1,100 brings the total credit for future projects to $180,477.
There have been inquiries from a variety of developers regarding these parcels. On July 17, 2015, the
Council authorized Staff to market and solicit proposals from interested developers for this site. At that
meeting staff recommended four options listed below. The Council provided direction to pursue Options #2
and #3, with the understanding that any proceeds from the lease or sale of the properties would continue
to benefit affordable housing - related projects and programs.
Continued on Paae 2
RECOMMENDED ACTION(S): Direct Staff to pursue Option #1 outlined on page two.
ALTERNATIVES:
Provide alterative direction to Staff.
Citizens advised:
RFP applicants.
Requested by:
Kevin Thompson, Principal Planner.
Prepared by:
Kevin Thompson, Principal Planner.
Coordinated with:
Charley Stump, Planning and Community Development Director and Shannon Riley, Senior
Management Analyst.
Presenters:
Kevin Thompson, Principal Planner and Shannon Riley, Senior Management Analyst.
Attachments:
1. Request for Proposals (RFP)
2. Response to RFP
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDS APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
A(Pic: Please it rite Agreement Va in upper right corner of agreement when drafted.
Approved'
S ge San -como, City Manager
Page 2 of 3
At the July 15, 2015, the City Council's four options were presented to the Council as follows:
1. The parcels could be sold to an affordable housing developer, thereby satisfying the requirement
to benefit affordable housing. In the case of the PEP Senior Housing Project, the City has agreed
to sell five parcels for $1, which was a critical part of the financing for the project.
2. The parcels could be sold to a developer for market rate, multi - family housing and /or a mixed -use
project. In this case, the proceeds of the sale would be set aside and dedicated to affordable
housing - related projects and programs.
3. The parcels could be leased to a developer for a market -rate, multi- family housing and /or mixed -
use project. As with the sale of the property, the ongoing proceeds would be set aside and
dedicated to affordable housing - related projects and programs.
4. The parcels could be held as market conditions continue to improve to maximize profits.
Based on a number of factors, including the need for market -rate housing, and the impending development
of 42- affordable senior units, Council directed staff to pursue a market -rate project for the site.
Discussion: In December of 2015, Staff created and widely distributed an RFP for a market rate
development based on Council's direction stated in Options #2 and #3 above. We received three
proposals, two of which were to construct affordable housing projects. The third was a market -rate multi-
family proposal from Guillon Inc. (Attachment 2). Based on Council's direction, we believe the market -rate
proposal best meets the Council's objectives for the site. The Guillon proposal consists of 26- market rate
rental, 1 and 2 bedroom units, with a target rent of $1,000- $1,200. Based on the developer's interactions
with Mendocino College, they believe student housing is badly needed. The developer has indicated the
project will be marketed primarily to college students and secondarily to other groups like hospital and
restaurant workers.
Options for the Council to consider:
1. Direct Staff to enter an exclusive negotiating agreement with Guillon Construction to pursue the
entitlement and construction of the market -rate project as proposed in Attachment #2.
2. Determine that not enough responses were received and re -lease the RFP.
3. Reject all the proposals and provide alternate direction.
4. Revise and re- release the RFP amending the focus to attract affordable housing developers.
Recommendation: Based on the Council's recent Housing Element discussion, it is clear more market
rate housing is desired. The discussion revealed a 1.5% vacancy rate, and that the City had already met
its obligation for low and very - income units for this Housing Element cycle. This further underscores the
need for market -rate units. Because the property was originally purchased using Redevelopment housing
set -aside funds, any proceeds from the sale or lease of property must be returned to the City's affordable
housing fund.
The Guillon project proposes the construction of 26- market rate multi - family units on an infill parcel. Given
this, staff recommends the Council pursue Option #1 listed above. If directed, staff will begin the process
of negotiating an exclusive agreement with Guillon Construction and if agreement is reached, staff would
return to Council for final approval.
Page 3 of 3
FISCAL IMPACT:
Budgeted
Amount in
15 -16 FY
New Appropriation
Source of Funds
(Title & No.)
Account Number
Budget
Amendment
Required
Previous
Contract or
Purchase Order
No.
N/A
I N/A
N/A
Yes No
N/A
City of Ukiah
SUMMARY
Attachment 1
R F P for development
October 29, 2015
The City of Ukiah is seeking proposals from interested parties for the development of two
contiguous parcels totaling 1.17 acres. The parcels are located in a mixed -use neighborhood just
north of Downtown Ukiah and are in close proximity to many amenities, including: employment
centers, medical facilities, shopping, restaurants and public transit. Both parcels have no known
environmental constraints, are flat, and have excellent access and infrastructure. The City is
interested in development proposals that represent the highest and best use of the infill site while
maintaining the character of the surrounding neighborhood.
ABOUT UKIAH
Ukiah is located along the busy Highway 101 corridor, just two hours north of the Golden Gate
Bridge. It is a perfect hub between the Bay Area and the Oregon border, and is also situated near
the east /west intersection of Highway 20, providing access to the Central Valley and Coast.
Our population, 16,075 can be deceiving. As the Mendocino County seat and the
business /education /shopping center for much of Mendocino, Lake, and even Sonoma Counties,
our weekday population swells to nearly 35,000. The retail trade area within a 30 minute radius of
the City is roughly 105,000.
City of Ukiah, RFP 345 Main & 2 15 Norton Page 1
Ukiah was voted "Best in California" and "61h Best Small Town in the U.S." by Norman Crampton's
The 100 Best Small Towns in America" and one of the "8 Great Places You've Never Heard Of" by
Mother Earth News.
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City of Ukiah, RFP 345 Main & 215 Norton Page 2
DEVELOPMENT
The City of Ukiah is seeking proposals for the possible development of two contiguous City- owned
parcels totaling 1.17 acres. The City's goal is to facilitate a development that is compatible with
the surrounding residential and commercial neighborhood, inclusion of market rate housing,
energy efficiency, and financial feasibly. Medium to high density (14 -28 units per acre) with a
mixed use component is preferred. The Main Street frontage can also include a retail / office
component.
Location: 345 Main Street- A former mobile home park, currently vacant. The site has sewer
connection credits in the amount of $180,477 which can be applied to a new
development. Curb, gutter and sidewalk are in place, but would need to be
upgraded to meet current ADA standards.
215 Norton- contains a single family residence that is leased month -to- month. The
City anticipates the demolition of the single - family home as a part of this
development.
City Assistance
The City is interested in supporting a potential development project in the following ways:
• Entering a long term lease
• Lease with a purchase option
• Sale of property
• Expedited development review process
• Density bonuses
• The City will consider other arrangements as well.
Previous Project onS ite
In 2009, a site development permit for a- mixed use project was approved for the site. The project
is now expired, and did not include both of the City- owned parcels. The project included: a
subdivision map that created 12 townhome and 2 mixed use parcels. See attached elevations; the
City has additional information on the previously- approved project upon request.
City of Ukiah, RFP 345 Main & 2 15 Norton Page 3
Raft
y s Y
a+ M
DEVELOPER SELECTION
The City Council is the decision -maker regarding the development selection. The Council reserves
the right to reject any and all proposals. Written proposals will be reviewed and evaluated based
on the evaluation criteria outlined in the following section. The City may request additional
information, conduct interviews, contact references, investigate previous projects, and take any
other information into account in its evaluation of Developer responses.
The goal of this review process is to select a Developer and enter into an Exclusive Negotiating
Agreement (ENA). Under the ENA, the selected Developer will be required to prepare more
refined conceptual plans as part of the development project and obtain City Council's final
approval.
City of Ukiah, RFP 345 Main & 2 15 Norton Page 4
Draft Timeline for RFP
RFP Issuance
November 2, 2015
Proposal Review Period
45 Days
Responses Due to City Clerk
December 18, 2015
Developer Selection
Early 2016
Exclusive Negotiating Agreement with City
Early 2016
ENA Period
180 Days
Proposal E valuation
In the selection process, emphasis will be placed on: the quality of the design concept, financial
capacity and community benefit of the proposal. Submittals will be evaluated based upon the
following five criteria:
• Organization background and experience
• Financial ability to implement the project
• Project proposal and schedule
• Benefit to the community
SUBMITTAL
Each responding Developer must submit one (1) signed original proposal and one (1) electronic
copy of the set of information requested below:
1) Organization's Background and Experience
a) Describe the development team and provide relevant qualifications and project specific
experience of the Developer(s). Identify the person with the authority to represent and
make legally binding commitments on behalf of the developer. Identify the contractual
relationship among multiple developers, if applicable.
b) Identify the key team members (e.g., architects, engineers, commercial tenants, real estate
and marketing representatives, consultants and contractors).
c) Describe the developer's relevant project experience including resumes of key staff
members. Provide examples that demonstrate successful projects related to this proposal.
2) Project Proposal and Schedule
a) Provide a narrative of the development concept.
b) Provide a schedule for the proposed project that addresses all phases of the project
including: entitlements, design and construction.
City of Ukiah, RFP 345 Main & 215 Norton Page 5
c) Provide a preliminary site plan and any conceptual drawings.
d) Provide a statement of financial capacity to secure funding.
SUMMARY: Development Process
This summary outlines the development process and documentation required for full
development and contractual agreements with the City. For the purposes of this proposal, only
the "RFP Stage" requirements are being requested at this time.
RFP Stage. This Request for Proposals represents the initial step in the development of the Site.
Responses to this RFP should demonstrate the Developer's 1) understanding of City's goals; and 2)
specific expertise and financial capability to undertake the proposed development.
FUTURE REQUIRMENTS
ENA Stage. Once the City selects a Developer, it and the Developer will then execute an Exclusive
Negotiating Agreement (ENA)
DDA Stage. Once the ENA has been negotiated and approved by the Council, a Disposition and
Development Agreement (DDA) will be negotiated between the parties and presented to the
Council for approval. All legal rights and obligations between the selected Developer, if any, and
the City will come into existence only when a DDA is fully executed by the parties and then
approved by the Council. The legal rights and obligation of each party shall be only those rights
and obligations which are set forth in the DDA and any other documents specifically referred to in
that DDA and executed by the parties.
Additional Disclosures
A DDA will not constitute a Development Agreement within the meaning of Government Code
Section 65864 et seq.
While the City has made a good faith effort to accurately state facts contained in this RFP,
Developers responding to this RFP should conduct their own due diligence investigation in
preparing a proposal and should not rely exclusively on the information contained herein. Contact:
Kevin Thompson, Principal Planner,
City of Ukiah
300 Seminary Avenue
Ukiah, Ca. 95482
Ph: (707) 462 -6207 Email: kthompson @citvofukiah.com
City of Ukiah, RFP 345 Main & 2 15 Norton Page 6
Attachment 1
North Elevation
South Elevation
City of Ukiah, RFP 345 Main & 215 Norton
Page 7
Main Street / West Elevation
East Elevation
City of Ukiah, RFP 345 Main & 215 Norton Page 8
Attachment 2
�atA IH� ca�aa�m�'
345 N. Main & 215 Norton Street Proposal
1.17 acre land site located at 345 N. Main St. and 215 Norton St. Ukiah CA. The site shall herein be
referred to as "Main Street Village"
Developer:
Guillon Inc. et al
2550 Lakewest Drive Suite 50
Chico, CA 95928
530.893.1277
Doug @guilloninc.com
RECEIVED
DEC 19 2015
CITY OF UKIAH
BUILDING/ PLANNING DEPA1ZT1 MW
Main Street Village
Developer Background
Project Description /&Schedule
City Assistance
Community Benefits
Financial Feasibility
Property Management
Table of Contents
Section
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2 Main Street Village
Section 1
Developer Background
The development team is led by Guillon Inc. (herein referred to as "The Developer "), who brings to the
table more than 35 years of development, brokerage, and property management experience. More
importantly, Guillon Inc. has built and fostered relationships with key local people of influence. Doug
Guillon will be the individual with the authority to make legally binding commitments.
Construction
Architect
Engineer
On -Site Supervisor
Landscape Architect
Lender
Anticipated Development Team
Guillon Inc. Construction
Russell Galloway Associates, Inc.
George Rau, Rau & Associates
Chuck Pittman
JCL Custom Landscaping
Savings Bank Of Mendocino County
This same development team is currently moving forward with the ground up development of a fully
entitled twenty six (26) unit apartment project of similar nature at the corner site of W. Gobbi and S.
Oak Street. This project will be funded by Savings Bank of Mendocino County.
Additionally, Guillon Inc. has teamed up with local investors Zach Schat and Tim Keffeler on the property
in question. Both individuals bring to the table 20+ years of intimate local market knowledge and vast
rental property experience. Zach and Tim will play an instrumental role in establishing unit mixes,
income projections, and project amenities that will cater to the specific needs of the residents in this
neighborhood. The ownership entity to be determined.
Preliminary conversations with Savings Bank of Mendocino County have taken place. SSMC has
indicated they would be comfortable and willing to finance this project for Guillon Inc. et al.
=
Section 2
Project Description & Schedule
The Developer proposes to construct a highest and best use apartment project that consists of twenty
eight (28) market rate units. The improvements will be constructed of wood framing with a maximum
building height of 28' above finished grade and will total 21,860 rentable square feet. The apartment
unit mix will consist of the following:
Planned unit mix:
Number of
Bldgs
Max Height
One
Bedrooms
Two
Bedrooms
Total
TBD
28'
10 (620 SF)
18 (870 SF)
28
6,200 SF
15,660 SF
21,860 5F
The site will utilize low impact development standards and will conform to all requirements such as
parking and landscaping. With many unique amenities including all electric appliances, central heat and
A /C, large unit floor plans, and in unit washers and dryers, this project will present to residents a
modern, centrally located, peaceful living community.
With a Walk Score of 83 out of 100 ( "Very Walkable ") according to Walkscore.com, the Main Street
Village presents residents with the convenience of walkable access to neighborhood amenities such as
Downtown restaurants and shopping, the movie theater, Safeway, the Hospital, and the Pear Tree
Shopping Center to name a few.
Project Schedule:
Phase
Design Review
Entitlements
Site Work
Construction
Completion & Delivery
to the Market
Commence
January 2016
February 2016
April 2016
May 2016
October 2016
4 Main Street Village
End
February 2016
April 2016
May 2016
Section 3
City Assistance
The Developer and its' partners propose to enter a land lease with a purchase option with the City of
Ukiah. After careful evaluation, The Developer and its' partners propose the following:
Land Value $7.50 /sgft plus $180,477 in existing sewer connection credits = total land value
$11.04 /sgft. ($562,654)
6% annual return on the land value to the City of Ukiah = $33,759
Rolling Purchase Option: The Developer would like to negotiate a rolling purchase option with
the City for the land. Terms of this to be determined during the 180 day Exclusive Negotiating
Agreement period.
5 Moir Street Village
Section 4
Community Benefits
The Developer and its' partners strongly believes there will be a profound community benefit from
delivering housing units to this neighborhood. The Developer believes it will attract the following tenant
profile, but not limited to:
• Mendocino College Students. Boasting a student population of around 5,000, we believe this will
be a very attractive place to live for students (approx. 3 miles to campus). The walkability of the
site and public transportation right outside the front doorsteps provides ease of access to all
local amenities.
• Hospital workers. Due to the close proximity, The Developer is confident that the Hospital's
current and new out -of -town employees will find the Main Street Village a pleasant place to call
home.
• Teachers. It is also our intent to rent units to teachers. With a handful of schools in the
immediate area such as Yokayo Elementary School, Pomolita Middle School, and Ukiah High
School, we think the leaders of Ukiah's youth will want to reside at the Main Street Village as
well.
With the addition of twenty eight housing units, among other active residential projects in the area, we
believe this will help attract out of town businesses as well as help local businesses recruit and retain
existing employees. Lastly the community will benefit from an expanded tax base with the addition of
housing units.
Section 5
Project Financial Feasibility
Aparlmenl Derelopmenl Prnjanna
Main Street 1 Maze
J41 At Slain St, L Aiah land Lease Asstanplinn
Gluity Rc4ulmd S287.3411
Cash nn Cluny 13 97%
I- ROJECTIONS
Rcnt
ASSUAIMOSS
Number or Units
28
S
Quantity Casts Per Fsxn Per Unit Tmal
Inillal Assumptforn
23-93
113,7611
land Ow S
land Arta
S
Number of Acres
1 17
33.759
UnIf Amumplions
mum $ 70,264
land Aal Csw
S -
- $ - per acre
1.11
anew
211W S 17 176
S 481:.920
Type
Size
M Unin
T xal SqA
Ain Rent ReutiSgFt Ann Toni
Per fixes
S
791
50,965
Square fees
. S
$
1x1
620
10
6200
$1.000 $ 1 61 S
S 2.557,140
I'sdil
S
620.174
2x2
n70
In
M60
51,200 S 138 $ 2591200
Low Anumptimn
Cowiwcstnn La
lane to Crnt %
Amount
Poinis Gxrgructitm Interest
Total
89%
$ 2510.800
$ 11,350 $
47,670 $
5020
Tatat
28
1 21960 1
$31,600 S 379,2W
0.005
Take Our loan
Sort Costa
LTV
Ammnt
Amtnization
interest Rate Annual Payment
Paints
cost Interest
lutal
71%
$ 2.270.000
25
5.00% $
4119.242)1
Lsran
S 2,270,000
$ 11 350
S 4 ".670
$ 59.020
Aahitect
S 30,000
Land Lease Assumption
En;iocer
S 10.W0
Land Value/SgFt
S I L414
Land lease Pm S
33,759
A11sc
S 10,000
R !"Return%
6%
Total
S 109 :Lc.
Gluity Rc4ulmd S287.3411
Cash nn Cluny 13 97%
I- ROJECTIONS
Rcnt
S
Number or Units
28
S
Quantity Casts Per Fsxn Per Unit Tmal
Units per Acre
23-93
113,7611
land Ow S
$ -
S
Number of Acres
1 17
33.759
Direfa Conurunom $
mum $ 70,264
$ 1.167,4110
SgFt Cost land $
- $ - per acre
125
Site prep Costs S
211W S 17 176
S 481:.920
TotilRSF
21.960
39,852
SuRCut% S
499 S 3894
S 1193120
Averate SyFt per Unit
791
6,25%
Impact Feel S
. S
$
Aseraee Rent per St Ft S
15o
3.195.314
Total Cush S
116 99 S 91.334
S 2.557,140
Gluity Rc4ulmd S287.3411
Cash nn Cluny 13 97%
Main Street Village
,4 W-.
Trual
Rcnt
S
379.2f1ft
Vacancy 5%
S
19,960
Expenses 311'.',
S
113,7611
SCIp
S
11626
land Lease
S
33.759
Not
S
199,(195
DCR
125
Delp Sen ice S 2.270001)
S
1159,2411
Cash Fiow Aftrt US
$
39,852
Cap Rate
78%
Alari.ct Cap Rate
6,25%
GRM
674
6larlet Value
S
3.195.314
Curls
S
:.557.340
I'sdil
S
620.174
Main Street Village
,4 W-.
Section 6
Property Management
Guillon Slinkard Property Management has over 17 years of successful property management
experience in Northern California and offers the following competitive advantages:
Facility Management Day -to -Day Operations Reporting
• Regular physical • Responsiveness to tenant + Timely, accurate, and
inspections needs meaningful financial
reporting
• Aggressive preventative
maintenance approach
• Low cost maintenance
procurement
* Proactive vendor
management
• on -time rent collection
+ Expense management
• Preventative maintenance
• Preparation of CAM
reconciliation, cash flow
projections, and year -end
financial reporting
• Capital Improvement
recommendations and
planning
Guillon Slinkard Property Management plans on retaining the off -site professional property
management duties. Furthermore, the ownership plans on hiring an on -site, live in manager to handle
day - today duties including, but not limited to, small maintenance items, rent collection, unit showings,
vacancy advertising, enforcing property rules and regulations, and posting notices.
We appreciate the opportunity to propose this project. We look forward to your response.
Doug Guillon
Guillon Inc.
9 Main Street foliage
From: Kevin Thompson [ mailto: khompson @cityofukiah.onmicrosoft.com]
Sent: Thursday, January 21, 2016 1:52 PM
To: Doug Guillon
Subject: RFP
Doug,
Thank you for submitting a response to our RFP for the Main Street property here in Ukiah. We are
interested in your proposal - can you please provide us with some additional information?
Financial:
1. Can you give us an estimated rent? ? Section 5 of the proposal states that we anticipate
$1,000 /month rent for the one bedrooms and $1,200 /month rent for the 2 bedroom 2 bath
units
2. Can you provide more detail on the Rolling Option Purchase? We are open to negotiation but
would want the continuous option to purchase the land from the City at any point with a first
right of refusal. Land purchase price to be determined at the time of purchase
3. In regard to the "Community Benefits" listed in your proposal, could you indicate how you would
market the units to college students, hospital workers and teachers? Currently relationships are in place
with Head coaches from The Mendocino College Baseball, Softball, Soccer and Basketball teams. We
have had a sit down meeting with the President of the College, Arturo Reyes, and the need for student
housing is one of his biggest hurdles. Especially in the colleges ability to attract international students
and student athletes. Once space is available we feel we will have no problem in getting the word out.
As for the medical field, Tim Keffeler spoke with the CEO of the Hospital, Gwen Matthews, a few days
ago and she said she would be more than willing to put any info on their "bulletin board" which is an in
house electronic communication for hospital staff. Tim could also put something up in the pharmacy and
be able to spread it by word of mouth. Tim believes teachers in this community would be another great
avenue. His wife teaches in town, and between her and Zach we are well connected with Principles and
Vice Principals in the district along with friends who sit on the Mendocino County Office of Education
Board.
Site Development:
4. How would you describe the aritechural style of the proposed buildings? Can you provide
pictures or renderings of examples of the proposed architecture? We anticipate a garden style
two story apartment that would match surrounding apartments but slightly better quality.
5. Please provide a preliminary site plan. We have not hired an architect to do this yet
6. Given your experience with the Oak Street project, what would you do differently with this site?
We will do a different design that is economically /financially feasible.
7. Please provide a detailed list of similar projects you have completed. Please include any issues
that were encountered and how you overcame those issues. Over the past 30 years, Doug and
Steve have completed numerous multi - family and Senior Housing projects.
Thanks,
Kevin Thompson
Principal Planner
City of Ukiah
Ph: (707) 463 -6207
Fax: (707) 463 -6204
300 Seminary Aveune
Ukiah Ca. 95482 -5400
http: / /www.cityofukiah.com
ITEM NO.: 12b
MEETING DATE: March 2, 2016
city of ukiah
AGENDA SUMMARY REPORT
SUBJECT: ADOPT AN AMENDED RESOLUTION AUTHORIZING THE EXCEPTION TO THE 180 -DAY
WAIT PERIOD AND AUTHORIZING THE CITY'S RETIRED POLICE CAPTAIN TO WORK
ON A TEMPORARY BASIS AS AN EXTRA HELP CAPTAIN PURSUANT TO
GOVERNMENT CODE SECTIONS 7522.56 AND 21224
Summary: In January of 2016, the City Council adopted Resolution No. 2016 -06 (Attachment 1)
authorizing the City's retired Police Captain to work on a temporary basis because of staffing shortages. In
correspondence with PERS after that action, PERS has asked the City of Ukiah to clarify our actions with
an amended resolution.
Background: Government Code section 7522.56 provides that a retired person shall not be eligible to be
employed pursuant to this section for a period of 180 days following the date of retirement unless he meets
one of four conditions, which in this case would include (1) The employer certifies the nature of the
employment and that the appointment is necessary to fill a critically needed position before 180 days have
passed and the appointment has been approved by the governing body of the employer in a public meeting.
The appointment may not be placed on a consent calendar.
Government Code Section 21221 allows the governing body of a public agency to appoint a retiree to work
a vacant position during the recruitment to permanently fill the vacancy or during an emergency to prevent
stoppage of public business. Pursuant to Government Code section 7522.56 the City must provide
CalPERS a certification resolution when hiring a retiree before 180 days has passed since the incumbents
retirement date.
Discussion: Because of job vacancies, the department desires to retain Trent Taylor's services on a part-
time, temporary basis. Trent Taylor will be performing administrative and code enforcement activities which
will allow sworn personnel to be utilized for regular police actions.
Continued on Page 2
RECOMMENDED ACTION(S): Adopt amended resolution authorizing the exception to the 180 -day wait
period and employ Trent Taylor as an extra help retired annuitant Captain for the Ukiah Police
Department.
ALTERNATIVES:
Provide Staff with alternative action.
Citizens advised:
N/A F
Requested by:
Chris Dewey, Police Chief.
Prepared by:
Chris Dewey, Police Chief.
Coordinated with
Melody Harris, Human Resources Director and Sage Sangiacomo, City Manager.
Presenters-
Chris Dewey, Police Chief.
Attachments:
1. Resolution No. 2016 -06
2. Amended Resolution
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to
RECORDs APPROVED. ❑ Agreement: ❑ Resolution:
Note: Please a -rite Agreement No. to upper right corner ojagreement when drafted.
s.-
Approved:
ge S��aq6iacomo, City Manager
❑ Other
❑ Ordinance:
Page 2 of 2
In reviewing our previous resolution (Attachment 1), CalPERS has requested that the following clarifications
be made:
Title of Resolution: Resolution for Exception to the 180 -Day Wait Period — Gov, Code Sections
7522.56 and 21224.
2. That Trent Taylor be hired as a "Temporary Extra Help Retired Annuitant" — because Police
Sergeant Vacancies do not currently exist; and the department did eliminate a Police Captain with
this retirement.
3. Pay must be from the Police Captain pay range - $45.22 per hour; instead of the previous hourly
rate of a Police Sergeant $42.69.
Recommendations: Staff recommends council adopt an amended resolution (Attachment 2) authorizing
the exception to the 180 -day wait period and authorizing Trent Taylor to work on a temporary basis as an
extra help retired annuitant pursuant to Government Code Sections 7522.56 and 21224.
Fiscal Impact: The funding for this request is contained in the General Fund, Police Department budget,
Salaries account, and is a non - benefited position.
FISCAL IMPACT:
Budgeted
Amount in
15 -16 FY
New Appropriation
Source of Funds
(Title & No.)
Account Number
Budget
Amendment
Required
Previous
Contract or
Purchase Order
No.
N/A
N/A
N/A
Yes No Z
N/A
ATTACHMENT_ _I____
RESOLUTION No. 2016- 06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE
CITY'S RETIRED POLICE CAPTAIN TO WORK ON A TEMPORARY BASIS DURING THE
RECRUITMENT AND ORIENTATION OF A REPLACMENT PEACE OFFICER POSITION.
WHEREAS, section 7522.56 requires that post- retirement employment commence no earlier
than 180 days after the retirement date, which is December 26th 2015; and
WHEREAS, Government Code section 7522.56(f) provides that a retired person shall not be
eligible to be employed pursuant to this section for a period of 180 days following the date of
retirement unless he meets one of four conditions, which in this case would include (1) The
employer certifies the nature of the employment and that the appointment is necessary to fill a
critically needed position before 180 days have passed and the appointment has been approved
by the governing body of the employer in a public meeting. The appointment may not be placed
on a consent calendar; and
WHEREAS, in compliance with Government Code section 7522.56 the City must provide
CaIPERS this certification resolution when hiring a retiree before 180 days has passed since the
incumbents retirement date; and
WHEREAS, the current incumbent, Trent Taylor has retired on December 26th 2015; and
WHEREAS, due to the critical nature of the duties and responsibilities associated with the
position of Police Officers and the requirement to ensure that such are continued to be applied
until a new, full -time replacement officer can be recruited, it is necessary and most efficient for
the current incumbent, Trent Taylor to continue his peace officer duties on a temporary basis
until recruitment and /or orientation is completed; and
WHEREAS, section 7522.56 provides that this exception of the 180 day wait period shall not
apply if the retiree accepts any retirement - related incentive; and
WHEREAS, the City of Ukiah and Trent Taylor certify that Trent Taylor has not and will not
receive a Golden Handshake or any other retirement - related incentive; and
WHEREAS, the City hereby appoints Trent Taylor as an interim appointment retired annuitant to
the vacant position of Police Sergeant for the City of Ukiah under Government Code section
21221(h) effective January 31 st 2016; and
WHEREAS, an appointment under Government Code section 2122(h) requires an active,
publicly posted recruitment for a permanent replacement; and
WHEREAS, the current status of this recruitment is open and in process, and the City has
maintained open continuous recruitment, however the City has not yet found a prospective
replacement; and
WHEREAS, this section 2122(h) appointment will end no later than July 31st 2016; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and
appointment have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
Page 1 of 2
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the
maximum monthly base salary paid to other employees performing comparable duties, divided
by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $7,399.01 and the hourly
equivalent is $42.69, and the minimum monthly base salary for this position is $5,797.31 and
the hourly equivalent is $33.45; and
WHEREAS, the hourly rate paid to Trent Taylor will be $42.69; and
WHEREAS, Trent Taylor, will not receive any benefit incentive, compensation in lieu of benefit
or other form of compensation in addition to his hourly pay rate; and
WHEREAS, sufficient funding is included in the FY 2014 -15 budget and contained within the
General Fund, Police Department budgeted salary accounts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby:
1. Certify the nature of the appointment of Trent Taylor as described herein and that this
appointment is necessary to fill the critically needed position of Peace Officer for the City
of Ukiah by January 31St 2016, because of the critical duties and responsibilities
associated with this position.
PASSED AND ADOPTED by the City Council of the City of Ukiah at a regular meeting duly held
on January 20th 2016, by the following vote:
AYES: Councilmembers Mulheren, Doble, Brown, and Mayor Scalmanini
NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Stephb'n G. Scalmanini, Mayor
ATTEST:
istine Lawler, City Clerk
C
Page 2 of 2
ATTACHMENT
AMENDED RESOLUTION No. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FOR EXCEPTION TO THE
180 -DAY WAIT PERIOD AND AUTHORIZING THE CITY'S RETIRED POLICE CAPTAIN TO
WORK ON A TEMPORARY BASIS AS AN EXTRA HELP POLICE CAPTAIN. GC SECTIONS
7522.56 & 21224
WHEREAS, section 7522.56 requires that post- retirement employment commence no earlier than
180 days after the retirement date, which is December 26th 2015; and
WHEREAS, Government Code section 7522.56(f) provides that a retired person shall not be
eligible to be employed pursuant to this section for a period of 180 days following the date of
retirement unless he meets one of four conditions, which in this case would include (1) The
employer certifies the nature of the employment and that the appointment is necessary to fill a
critically needed position before 180 days have passed and the appointment has been approved
by the governing body of the employer in a public meeting. The appointment may not be placed
on a consent calendar; and
WHEREAS, in compliance with Government Code section 7522.56 the City must provide
CalPERS this certification resolution when hiring a retiree before 180 days has passed since the
incumbents retirement date; and
WHEREAS, the current incumbent, Trent Taylor has retired on December 26th 2015; and
WHEREAS, the Ukiah City Council hereby appoints Trent Taylor as an extra help retired annuitant
to perform some of the duties of Police Captain for the City of Ukiah under Government Code
Section 21224, effective January 31, 2016; and
WHEREAS, section 7522.56 provides that this exception of the 180 day wait period shall not
apply if the retiree accepts any retirement - related incentive; and
WHEREAS, the City of Ukiah and Trent Taylor certify that Trent Taylor has not and will not receive
a Golden Handshake or any other retirement - related incentive; and
WHEREAS, no matters, issues, terms, or conditions related to this employment and appointment
have been or will be placed on a consent calendar; and
WHEREAS, the employment shall be limited to 960 hours per fiscal year; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the
maximum monthly base salary paid to other employees performing comparable duties, divided
by 173.333 to equal the hourly rate; and
WHEREAS, the maximum monthly base salary for this position is $9,528.27 and the hourly
equivalent is $54.97, and the minimum monthly base salary for this position is $7,838.93 and the
hourly equivalent is $45.22; and
WHEREAS, the hourly rate paid to Trent Taylor will be $45.22; and
WHEREAS, Trent Taylor, will not receive any benefit incentive, compensation in lieu of benefit or
other form of compensation in addition to his hourly pay rate; and
Page 1 of 2
WHEREAS, sufficient funding is included in the FY 2014 -15 budget and contained within the
General Fund, Police Department budgeted salary accounts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby:
Certify the nature of the appointment of Trent Taylor as described herein and that this appointment
is necessary to fill the critically needed position of Extra Help Retired Annuitant for the City of
Ukiah by January 315' 2016, because of the critical projects requiring his expertise and skills to
complete, after reorganization of the Police Department from two Captain positions to one Captain
position, which work is in excess of what one single Police Captain can do.
PASSED AND ADOPTED as Amended by the City Council of the City of Ukiah at a regular
meeting duly held on March 2, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Kristine Lawler, City Clerk
Page 2 of 2
Stephen G. Scalmanini, Mayor
ITEM NO.: 12c
MEETING DATE: March 2, 2016
City of vkiak
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF AMENDMENT #1 TO CITY OF UKIAH AGREEMENT 1415 -166 WITH RAU
AND ASSOCIATES AND CORRESPONDING BUDGET AMENDMENT FOR ADDITIONAL
SCOPE OF WORK IN PHASE TWO ENGINEERING FOR THE SITE OF THE NEW UKIAH
COURTHOUSE, NOT TO EXCEED $11,959, AND AUTHORIZE THE CITY MANAGER TO
EXECUTE AGREEMENT
Summary: Council will consider an amendment to the Phase Two engineering contract with Rau and
Associates in conjunction with the site improvements at the location of the new Ukiah Courthouse. The
engineering expenses will be reimbursed by North Coast Rail Authority (NCRA) after the property is sold
to the State.
Background: The State Judicial Council of California (JCC) is working towards the purchase of 4.1 acres
just south of the Historical Depot Building along the eastern portion of the property for the courthouse and
associated parking. However, the total size of this parcel is 11 acres with frontage along Perkins Street,
but bounded by Gibson Creek, private property and the rail tracks. The site lacks the necessary public
infrastructure and circulation improvements for the development of the courthouse and build -out of the
remaining property.
The NCRA parcel borders the downtown and sits along the east side of Ukiah's primary gateway corridor.
Therefore, master planning documents call for redevelopment of this site, as well as the extension of
Hospital Drive and East Clay Street (through the NCRA parcel) to provide circulation. The extension of
East Clay Street to Waugh Lane is an important circulation improvement called for in the General Plan.
Site development is also being considered in conjunction with the utility undergrounding project, the Perkins
Street Gateway Study, and the construction of the rail trail. When a traffic signal was installed at East
Perkins Street and Hospital Drive, it included the capability to become a four -way intersection, with the
roadway extending into the NCRA parcel.
The JCC is primarily concerned with the function of the site as it relates to the courthouse structure.
However, City staff is also concerned with the functionality of the surrounding streets, the development of
public infrastructure that will permit the build -out of the full 11 acres, the smooth integration of this project
with the existing downtown, and the beautification of this important corridor. Therefore, the City of Ukiah
has been an active partner in the planning of this infrastructure. Because NCRA is unable to pay for the
costs of engineering prior to receiving the proceeds from the sale of their property to the State, the City has
entered into a memorandum of understanding with NCRA that allows the City to pay for the Phase One
RECOMMENDED ACTION(S): Approve Amendment #1 to City of Ukiah Agreement 1415 -166 with Rau and
Associates for Phase Two Engineering at the new courthouse site in the amount of $11,959 and
corresponding budget amendment and authorize the City Manager to execute. o
Citizens advised: NIA
Requested by: Guillon Inc.
Prepared by: Shannon Riley, Senior Management Analyst.
Coordinated with: Sage Sangiacomo, City Manager.
Presenter: Shannon Riley, Senior Management Analyst.
Attachment: 1. Amendment No. 1 to City of Ukiah Agreement 1415 -166
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDS APPROVED' ❑ Agreement: ❑ Resolution: ❑ Ordinance:
.1 re: Please write Agreement No. in upper right corner ojagreement when drafted
Approved: �....�,-
SyK a SanaAcomo, City Manager
ir
Page 2 of 2
and Phase Two engineering for the site and be reimbursed after the sale. Those engineering contracts
with Rau and Associates were authorized by Council on November 5, 2014, and March 4, 2015. Phase
One is complete; Phase Two is nearly complete.
Discussion: An Environmental Impact Report (EIR) has been prepared and approved by the State for the
new Ukiah Courthouse. The report noted that, in order to obtain the required permits from the Army Corps
of Engineers and the Regional Water Quality Control Board, a wetland delineation study would be
required. Additionally, mitigation drawings and a monitoring plan may be required, as well as an update of
the five- year -old floristic botanical survey.
This work was not originally included in the scope of Phases One and Two engineering. However, time is
critical in order to be able to complete the applications to the resource agencies and because of critical
blooming windows for some plant species. Therefore, the developers are requesting an amendment to the
Phase Two contract with Rau and Associates to allow for this work to be performed in a timely manner.
The not -to- exceed fee for this scope of work is $11,959, which will amend the agreed not -to- exceed fee of
$38,500 to a total not -to- exceed fee of $50,459. Additional details about the scope of work and the
consultant are provided in Attachment #1.
In order to meet important deadlines and prevent lengthy delays in the construction schedule, Staff is
recommending that the Council approve Amendment #1 to Agreement 1415 -166 (Phase Two) to perform
tasks related to preparing applications for various permits and design development for the development of
infrastructure at the new courthouse site. The corresponding budget amendment will adjust the funding
amount in Account 251.24201.52100.
FISCAL IMPACT:
Budgeted
Amount in
15 -16 FY
New Appropriation
Source of Funds
(Title & No.)
Account Number
Bud et
Amendment
Required
Previous
Contract or
Purchase Order
No.
$55,000
251 Project Reserves
251.24210.52100
Yes ® No ❑
N/A
GEORGE C. RAU, P.E.
o- -,nvn,
AND ASSOCIATES INC.
CIVIL ENGINEERS • LAND SURVEYORS
February 25, 2016
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Job No. R11003.4
Attn: Shannon Riley, Senior Management Analyst
Attachment 1
RE: AMENDMENT #1 TO AGREEMENT 1415 -166 - TO PERFORM TASKS RELATED TO
PREPARING APPLICATIONS FOR VARIOUS PERMITS AND DESIGN DEVELOPMENT (PHASE 2
ENGINEERING) FOR THE DEVELOPMENT OF INFRASTRUCTURE AT THE RAILROAD CENTER
PROPERTY AT 309 EAST PERKINS STREET
Dear Ms. Riley:
This is to request an amendment to our agreement to provide some environmental studies to
support the applications to the resource agencies for the Gibson Creek Crossing of Courthouse
Boulevard and to provide background studies for the CEQA documents to be prepared for the
infrastructure improvement project. The request is due to continuing evaluation of information
necessary to support the applications for a structure on Courthouse Drive across Gibson Creek
and to supplement studies performed for the Ukiah Courthouse EIR on behalf of the State of
California's Judicial Council.
Time is critical in order to be able to complete the applications to the Resource Agencies and
because of critical blooming windows for some plant species which will be coming up soon.
Wetlands Delineation; Wetlands Mitigation and Monitoring Plan
A careful reading of Appendix D to the Preliminary EIR for the Ukiah Courthouse (Railroad
Depot Site) prepared in 2011 revealed that, although no wetlands were mapped on the
Wetlands Mapper database "several shallow depressions which pond water seasonally" were
observed which retained storm water for some undetermined length of time. No wetlands
delineation was made as part of the supporting studies in the Ukiah Courthouse EIR to
determine if wetlands exist either in the shallow depressions or in the Gibson Creek Channel. A
wetlands delineation by a qualified professional is required in order to answer questions in the
applications to the US Army Corps of Engineers(ACE), the Regional Water Quality Control
Board(RWQCB) and the Department of Fish and Wildlife(DFW). Consultations with US Fish
and Wildlife and with NOAH- Fisheries by the ACE may also be part of the permit process and
the knowledge of presence or absence of wetlands is a requirement.
If wetlands are identified and delineated and they are in the area planned for construction of
infrastructure, there must be compensatory mitigation for their loss during construction.
100 NORTH PINE STREET • UKIAH, CALIFORNIA 95482 • 707 - 462 -6536 • FAX 707- 463 -2729
www.rauandassoc.com
Shannon Riley, February 25, 2016 Page 2
There is also Gibson Creek, the low flow channel of which is clearly within the "Waters of the
United States ". There are also some trees which will be unavoidably lost during construction of
the structure crossing Gibson Creek. It is helpful to have a qualified professional with botanical
expertise to assist in designing mitigation to compensate for areas and vegetation which will be
lost through unavoidable impacts.
The following tasks indicate how we propose to address these issues:
Task E.1 —Wetlands Delineation
Jane Valerius has the credentials to perform wetland delineations and assess the impacts of
loss of any wetlands as well as to make evaluations and recommendations concerning botanical
resources. She will compile her findings into a wetlands delineation report. RAU will assist her
with mapping the areas marked on the site and preparing exhibit maps for her report.
Ms. Valerius will also attend a meeting onsite with the ACE to review the location of the
wetlands and waters of the United States.
Deliverables for this task include the delineation report and accompanying maps.
The cost of this task is estimated to be $5,834, including $2,955 for the work of Jane Valerius
and $2,879 for field mapping the delineated areas and providing the necessary exhibit maps for
the report by RAU.
Task E.2 — Mitigation Drawings; Mitigation and Monitoring Plan
RAU will develop one sheet of construction drawings for the onsite compensatory mitigation
work which is feasible and practical to achieve. Later, this plan can be incorporated into the
construction plans, which will be developed in the Phase 3 engineering for this project. Jane
Valerius will assist with developing construction drawings for any mitigation onsite. She will also
develop a mitigation and monitoring plan with the elements required by ACE and usually by
RWQCB.
Deliverables for this task include the plans for the onsite mitigation deemed feasible to achieve.
There may have to be additional mitigation areas identified offsite, but this will not be known
until the impacts are identified and quantified.
The mitigation and monitoring plan will be a separate document to accompany the resource
agency applications as needed.
The cost of this task is estimated to be $5,375, including $2,750 for the work of Jane Valerius
and $2,625 for preparation of the construction drawing by RAU.
A detailed scope of work by Jane Valerius Environmental Consulting, with assumptions,
limitations, and a description of additional work which may be required, is attached to this
request for Amendment #1.
Shannon Riley, February 25, 2016
Page 3
The total estimated fee for the additional work related to potential wetlands and developing a
mitigation and monitoring plan is $11,209.
Update of Floristic Botanical Survey
Task E.3 — Limited Review of Plant Resources
In reviewing the Ukiah Courthouse EIR, with the intent of using it as a base document for CEQA
evaluation of the infrastructure project, it was noted that there was a thorough evaluation by a
qualified professional, who concluded that there were no species of concern in the project area.
However, this study was done in May to July of 2011. The typical standard for acceptance of
such a report is five years, which would terminate in May of 2016. Therefore it was deemed
prudent to support findings in the CEQA document for the infrastructure to have a qualified
professional review the site to confirm that the absence of species of concern is still true. This
issue was verbally discussed with Jane Valerius, who stated she would be able to review the
site for suitable habitat once during her visit to do the wetlands delineations. She could add a
second visit in another of the blooming windows to again confirm the absence of species of
concern. She will then write a brief letter report updating the previous findings.
The cost of this work is estimated to be $750.
Proposed Maximum Not -to- Exceed Fee
We propose to complete the tasks included in the amended scope of engineering services
described for an additional Not -To- Exceed Fee of $11,959, which will amend the agreed Not -
To- Exceed Fee of $38,500 to a total Not -To- Exceed Fee of $50,459. The schedule of fees and
the basis for estimating the engineering costs for this amendment is unchanged from the
original agreement.
Proposed Schedule
We anticipate that wetlands delineation and wetlands report will be completed in approximately
four weeks from authorization to proceed. We anticipate completing the remaining deliverables
within approximately two weeks after the wetlands report is done.
Assumptions and Exclusions:
This proposal is based upon the following assumptions:
• There will be adequate area onsite, in areas adjacent to the creek and not intended for
development, to use for compensatory mitigation of any unavoidable loss of wetlands or
vegetation.
• No plant species of special concern will be identified in the process of updating the
botanical report prepared for the Ukiah Courthouse EIR.
Shannon Riley, February 25, 2016
Thank you for this opportunity to be of service.
Very truly yours,
A6�" G'Cz'
George C. Rau, President
Rau and Associates, Inc.
Registered Civil Engineer 21908
Expires 09 -30 -2017
Attachments:
Proposal fromJane Valerius Environmental Consulting
Page 4
JANE VALERIVS
ENVIRONMENTAL CONSULTING
2893A Scotts Right of Way, Sebastopol, CA 95472
Office: (707) 824 -1463 ♦ Mobile: (707) 529 -2394
Email: jvalerius(a,earthlink.net
wwwavenvironmental.com
January 7, 2016
Mr. George C. Rau
Rau and Associates, Inc.
100 N. Pine Street
Ukiah, CA 95482
RE: Delineation of Waters of the U.S. and State, including Wetlands, 309 East Perkins, Ukiah
Dear Mr. Rau:
The following is a proposed scope and cost to conduct a delineation of waters of the U.S. and state,
including wetlands, for the project located at 309 East Perkins in Ukiah, Mendocino County, California.
The scope is based on information provided in your emails of January 5, 2016 and our phone
conversation. As we discussed, the delineation would include any areas that might be needed for both the
project and potential mitigation. This would be the study area boundary, which would include the project
limits. I have also included a task to assist in identifying potential mitigation areas and to develop a
wetland mitigation and monitoring plan as part of the permit process for the project.
SCOPE OF WORK
Task 1: Delineation of Waters of the U.S., Including Wetlands. Jane Valerius will conduct a
delineation of potential wetlands and waters of the United States in accordance with the U. S. Army
Corps of Engineer's (Corps) 1987 manual and the Arid West Supplement for the proposed project. A
delineation report will be prepared that describes the findings of the delineation and can be submitted to
the Corps for their jurisdictional determination. The report will include a delineation map, data sheets, and
supplemental information to support the delineation analysis. A site visit with the Corps is included in the
scope as they usually conduct a site visit to confirm the delineation. The delineation will include all the
information required by the Corps to make a formal jurisdictional determination. As part of the report the
following information is required: 1) a locality map; 2) USGS quad sheet or copy with the project
boundary outlined; and 3) the delineation map on an aerial or topographic base.
I will flag the wetland areas and I understand that Rau & Associates will survey the wetland areas and
produce the necessary delineation map. The following cost estimate includes a site visit with the Corps to
verify the delineation plus revisions after the Corps site visit in the event there are any changes. I am
estimating 8 hours for field and travel, 10 hours for the report and 5 hours for a follow -up site visit with
the Corps to verify the delineation, including any changes if required. My billing rate is $125/hour and
mileage is billed at $0.54 /mile. I will only bill for the time I actually use.
TASK 1 LABOR AND EXPENSES: $2,955.00
Task 2: Wetland Mitigation and Monitoring Plan. I will assist Rau & Associates with identifying
potential mitigation sites for the proposed project. I will also develop a wetland mitigation and
monitoring plan in accordance with the U.S. Army Corps of Engineers guidelines. Elements of the plan
would include:
1. A description of the resource type(s) and amount(s) that will be provided, the method of
compensation (restoration, establishment, preservation etc.), and how the anticipated
functions of the mitigation project will address watershed needs.
2. A description of the factors considered during the site selection process. This should include
consideration of watershed needs, onsite alternatives where applicable, and practicability of
accomplishing ecologically self - sustaining aquatic resource restoration, establishment,
enhancement, and/or preservation at the mitigation project site.
3. A description of the legal arrangements and instrument including site ownership, that will be
used to ensure the long -term protection of the mitigation project site.
4. A description of the ecological characteristics of the proposed mitigation project site.
5. Detailed written specifications and work descriptions for the mitigation project, including: the
geographic boundaries of the project; construction methods, timing, and sequence; source(s)
of water; methods for establishing the desired plant community; plans to control invasive
plant species; proposed grading plan; soil management; and erosion control measures.
6. A description and schedule of maintenance requirements to ensure the continued viability of
the resource once initial construction is completed.
7. Ecologically -based standards that will be used to determine whether the mitigation project is
achieving its objectives.
8.A description of parameters monitored to determine whether the mitigation project is on track
to meet performance standards and if adaptive management is needed along with a schedule
for monitoring and reporting monitoring results to the Corps.
9. A description of how the mitigation project will be managed after performance standards have
been achieved to ensure the long -term sustainability of the resource, including long -term
financing mechanisms and the party responsible for long -term management.
10. A management strategy to address unforeseen changes in site conditions or other components
of the mitigation project, including the party or parties responsible for implementing adaptive
management measures.
11. A description of financial assurances that will be provided and how they are sufficient to
ensure a high level of confidence that the mitigation project will be successfully completed,
in accordance with its performance standards.
I estimate about 8 hours of my time to assist in identifying suitable sites for mitigation which could
include an additional site visit, meetings, and project coordination, plus 12 hours to develop the
report and 2 hours for any changes or revisions for a total of 22 hours at $125/hour. I will only bill
for the time used.
TASK 1 LABOR AND EXPENSES: $2,750.00
ASSUMPTIONS:
Jane Valerius Environmental Consulting requires access to all project reports, aerial photographs,
and maps relating to the site's environmental resources in order to provide the described scope of
services in an efficient manner. It is assumed that Client will provide all necessary site plans, base
maps, and grading plans.
Client or other project team members shall provide services not included in this scope of work,
including: detailed description of the proposed activity, including secondary project features such
as access roads, etc., preparation of CAD or other digital drawings, CEQA or NEPA documents,
planning, engineering, geotechnical, hazardous waste, cultural resources and hydrologic services.
309 East Perkins, Ukiah 2 Jane Valerius
January 7, 2016 Environmental Consulting
The Client or others shall provide necessary hydrologic studies, including studies of drainage,
water table profiles and water quality, necessary for wetlands mitigation planning.
This scope of work is provided as complete. Related services not included in this scope may
include, but are not limited to, focused wildlife or plant surveys other than those described above,
analysis of impacts, extensive or protracted agency negotiations, beyond what is described,
development of conceptual or detailed mitigation plans, attendance at any meetings other than
those described, additional team coordination, completion or review of any CEQA or NEPA
documentation, response to comments, additional client or agency coordination, presentations, or
attendance at public hearings.
No guarantees, expressed or implied, are made by Jane Valerius Environmental Consulting
regarding final approval or acceptance by agencies of survey results, project plans, or mitigation
measures.
COMPENSATION AND TERMS
Jane Valerius Environmental Consulting can perform the services described in the above tasks in this
proposal on a time -and- materials basis. All expenses, such as mileage, postage, fax, etc. will be billed at
direct cost to the client. The proposed fee is for the herein - described services only. Any additional
services requested by Client, such as attendance at additional meetings, will be considered "extra
services" and will be billed at rates currently in effect at the time services are performed. Extra services
will not be performed without verbal and/or written authorization from Client.
This proposal is valid for 60 days. I will not conduct any field work until all contract documents,
including insurance wording, limits and other requirements, have been provided to us, with sufficient time
to obtain the necessary insurance certificate, and fully execute contracts. Billing will be submitted upon
completion of the scope work identified in this contract; if work extends over successive monthly periods,
statements will be submitted monthly. Invoices are due and payable upon delivery and are considered to
be past due after 30 days from the date of the invoice.
I am prepared to proceed with the services describe upon receipt of a signed copy of this proposal/
agreement or upon receipt of a scanned copy of a signed signature page or you may provide a contract of
your choosing. I look forward to working with you on this project.
ACCEPTANCE AND AUTHORIZATION
Accepted on this 7th day of January 2016 at Sebastopol, Sonoma County, California.
Jane Valerius
Date
Client Date
309 East Perkins, Ukiah 3 Jane Valerius
January 7, 2016 Environmental Consulting
ITEM NO.: 13a
MEETING DATE: March 2, 2016
City of, ukiah
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND POSSIBLE APPROVAL OF REQUEST BY UKIAH MAIN STREET
PROGRAM TO INSTALL DEDICATION MONUMENT IN DOWNTOWN UKIAH
Summary: The Ukiah Main Street Program wishes to install a monument in honor of Judy Pruden in the
planter triangle at the southwest corner of the intersection at West Perkins and School Street. Council
will consider their proposal, which includes a plaque mounted on a large boulder.
Background: In addition to her countless volunteer hours with the City of Ukiah, her work on the Ukiah
Planning Commission and her role as local historian, Judy Pruden was a long -time board member of the
Ukiah Main Street Program. She was also instrumental in developing and implementing the historic
plaque program in the downtown.
In honor of her tremendous contributions to the organization and the community, the Ukiah Main Street
Program wishes to install a monument in the planter triangle at the southwest corner of the intersection at
West Perkins and School Street.
Because this is a public space and the request falls outside of the parameters of the Commemorative
Bench and Tree Program, it must be authorized by the City Council.
Discussion: The proposed monument would be located within the planter triangle at the southwest
corner of the intersection at West Perkins and School Street (in front of the Mendocino Book Compant).
According to Ukiah Main Street Program Director Rick Hansen, 'The proposed plaque would be
10 "X14 "...' (For an example of a similar historic plaque, see Attachment 1.) '...and would be mounted on
a rock/boulder /stone that would be of appropriate scale and size. Though the exact rock has not been
selected, it would likely be a rock that is indigenous to the region, perhaps granite. The stone would not
be a cut or formed monument, but rather a natural looking rock.'
The letter of request from the Ukiah Main Street Program (Attachment 2) indicates that the Program
would assume responsibility for maintenance, if required.
Continued on Page 2
RECOMMENDED ACTION(S): Discussion and possible approval of request for placement of monument for
Judy Pruden in Alex Thomas Plaza; and if approved, direct Ukiah Main Street Program to coordinate
installation with the Parks Department. _
ALTERNATIVES: N/A
Citizens advised:
N/A
Requested by:
Ukiah Main Street Program.
Prepared by:
Shannon Riley, Senior Management Analyst.
Coordinated with:
Jarrod Meyer, Parks Supervisor.
Presenter:
Shannon Riley, Senior Management Analyst.
Attachments:
1. Sample of historic plaque
2. Letter of Request from Ukiah Main Street Program
3. Proposed plaque inscription
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDS APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Note: Please write Agreement No. to zipper right corner ofagreement when drafted
Approved:
ge San como, City Manager
Page 2 of 2
For details about the plaque inscription, please see Attachment 3.
Council is being asked to consider this request. If Council approves, Staff recommends that the Ukiah
Main Street Program be directed to coordinate the installation with the Parks Department in order to
ensure safety and appropriate placement of the monument relative to existing plantings and irrigation
systems.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
16 -16 FY
(Title & No.)
Required
No.
N/A
N/A
N/A
Yes No
N/A
"arch 2, 1917 - Pacific Telephone and Telegraph Company Building
at Church and School Streets; new Home of Ukiah's "Hello Girls"
On June 28, 1897 Ukiah became the 118th telephone exchange in
California, when the Sunset Telephone Company started prodding
service. Minnie Smith Scott was the -First manager and operator.
Female operators were fondly called "Hello Girls ". There were 76
telephones in town by 1899. Pacific Telephone and Telegraph
bought: up the Sunset Telephone Company in 1906 and by 1915
had over 450 phones numbers listed in the Ukiah directory. PT &T
built a new fireproof building in 191' calling it the Ukiah Central
Office Exchange, Using Bell Systems technology PT &T switched
from magnetos to batteries, which provided 255 lines and 615
stations. The first call on the new system was placed by J.I.
LeRoy, pharmacist, on his personally chosen business "jinx"
number, 13. The above photo taken in 1929 shows the newly
remodeled and expanded building; necessary to meet demand. In
1948 PT &T went from S digit numbers to a 7 digit exchange name.
Ukiah's prefix became HOmestead2. By the mid 1g6o's PT &T had
outgrown the building and the HOmest+ead2 prefix. They moved
into a larger facility and their former building went on to house
other businesses and government offices. The structure was
extensively remodeled in 1990 and again in 2013.
Attachment 2
Rick Hansen I Rick Hansen
Executive Director
200 S. School St, Ukiah CA 95482 * (707) 462 -6789 * (707) 462 -2088 fax * mainstapacific.net www.downtownukiah.com
THE MISSION OF THE UKIAH MAIN STREET PROGRAM IS TO
PRESERVE AND ENHANCE WHAT MAKES UKIAH A GREAT PLACE
UKIAH
fF
February 8, 2016
L
Ukiah City Council
,`t,. _
µ;i:
300 Seminary Avenue
[�
Ukiah, CA 95482
MAIN STREET
R R 0 c R R M
Re: Request for placement on the City Council meeting agenda
Per: Authorization for placement of plaque monument in the Alex Thomas Plaza
Board of Directors
To Whom It May Concern:
Tom Liden
Tom Liden Photography
President
In honor of the late Judy Pruden the Ukiah Main Street Program wishes to erect a
JeniferBazzani
commemorative plaque acknowledging Ms. Pruden's contributions to our community.
JLB Insurance
Vice President
The proposed plaque would emulate the historic plaques that grace many of the
Mary Ann Villwock
prominent buildings within the downtown; these resulting from a program that Ms. Pruden
L Offices of M.A. V.
established while serving on the Main Street Program's Design Committee.
Stan Singley
Unlike the other plaques, which were mounted on the exterior walls of the selected
Maple Cafe
Treasurer
historical buildings, this proposed plaque would be mounted on a large rock or boulder
that we are requesting to be placed on the northwest corner of the Alex R. Thomas Plaza.
Jason Brenner
Collaborative Design
The monument would be situated on the ground in a fashion that would insure its safety to
Tanya Gilmore
it and the public.
Realty World
Our Design Committee has worked tirelessly to develop the appropriate plaque inscription;
Jitu Ishwar
Travelodge
one that the committee, and Judy's husband Mike, feels pays the appropriate tribute to
Ms. Pruden.
Jill Lolonis
Triple S Camera
Our organization has been in contact with Eversole Mortuary for the purpose of acquiring
Northern Circle Christian irc le
C
the necessary monument rock for this project. The supplier will not only procure the
Indian Housing Auth.
appropriate stone they will also mount the plaque to the stone and help facilitate the
Andrea Reed
delivery and placement of the monument.
Ukiah Doula
Benj Thomas
Once in place, we feel the monument will be, in most part, maintenance feel other than
Former City
periodic cleaning should the plaque itself tarnish. The only other factor might be vandalism
Council Member
and /or graffiti; for which the Main Street Program could and would monitor and mitigate.
Ex Officio Directors
The council's consideration and ultimate approval would be greatly appreciated.
Maureen Mulheren
City Council Member
Respectfully
Sage Sangiacomo
City Manager
Staff
Rick Hansen I Rick Hansen
Executive Director
200 S. School St, Ukiah CA 95482 * (707) 462 -6789 * (707) 462 -2088 fax * mainstapacific.net www.downtownukiah.com
Attachment 3
PHOTO
JUDY PRUDEN
1946-2015
You can stand on nearly any corner in downtown Ukiah and see the work of Judy
Pruden.
Judy was a woman of vision who was enthusiastically dedicated to maintaining
Ukiah's charm and heritage. Her efforts line the streets with trees, lights, plantings and
signage. She appreciated and promoted Ukiah's history, including the creation of these
commemorative plaques which tell the story of our unique downtown.
Judy left a legacy for all of us to enjoy — a more inviting and beautiful Ukiah.
[Dedicated in 2016 by the Ukiah Main Street Program]
ITEM NO.: 13b
MEETING DATE: March 2, 2016
t tty of uklah
AGENDA SUMMARY REPORT
SUBJECT: AWARD BID FOR THE INSTALLATION OF REPLACEMENT WELL 4 AND NEW WATER
WELL 9, SPECIFICATION NO. 16 -01 TO NORCAL PUMP AND WELL DRILLING IN THE
AMOUNT OF $702,558
Summary: City Council will consider awarding a bid for the installation of replacement well 4 and new
water well 9.
Background: On October 21, 2015, Council approved the plans and specifications and directed staff to
advertise for bids for the installation of replacement well 4 and new water well 9, Specification No. 14 -05.
This project consists of the abandonment of existing well 4, the installation of replacement well 4,
monitoring well #MW4A, drilling and potential installation of new well 9, and installation of monitoring well
#MW9A. The Engineer's Estimate for this work was $1,158,000.
The Purchasing Department released bids on November 5, 2015. The Notice to bidders was published in
the Ukiah Daily Journal on November 10" and 17th, 2015. A copy of the notice to bidder was sent to five
C -57 Well Drilling Classification Contractors listed on the City's Qualified Bidder's list, as well as the
Builders Exchanges. Specifications were also posted on the City's website. A mandatory pre -bid meeting
was held on November 19, 2015, with five potential bidders in attendance.
Bids were received until 2:00 p.m. on Wednesday, December 9, 2015, at which time two bids were
received and opened by the City Clerk. Bids were received from Weeks Drilling & Pump Co. in the
amount of $725,040 and from NorCal Pump & Well Drilling, Inc. in the amount of $1,084,331.
After careful review of the bids received, irregularities were discovered in the bids submitted by both
bidders. When considering whether or not an irregularity can be waived, the question is, if the irregularity
was waived, would it provide the bidder in question an unfair bidding advantage over the other bidders.
On December 16, 2016 Council agreed with Staff's recommendation to reject all bids and also requested
approval to reissue bid documents.
Discussion: On January 20, 2016 bids were released to all C -57 Well Drilling Classification Contractors
as well as the Builders Exchanges. Specifications were also posted to the City's website and published in
the Ukiah Daily Journal on January 24, January 31, and February 7, 2016. A mandatory pre -bid meeting
was held on February 9, 2016, with four potential bidders in attendance.
Continued on Paae 2
RECOMMENDED ACTION(S): Award bid for the installation of Replacement Well 4 and new Well 9,
Specification No. 16 -01 to NorCal Pump and Well Drilling in the amount of $702,558
ALTERNATIVES: Do not award bid and provide alternate direction to staff.
Citizens advised: N/A
Requested by: Tim Eriksen, Public Works Director /City Engineer.
Prepared by: Mary Horger, Purchasing Supervisor; and Jarod Thiele, Public Works Project Analyst.
Coordinated with: Sean White, Water and Sewer Director; and David Rapport, City Attorney.
Presenter: Tim Eriksen, Public Works Director /City Engineer; Sean White, Water and Sewer Director
Attachments: 1) Bid Tabulation
2) NorCal Pump and Well Drilling Bid Submittal: aLss. / /cityofukiah.box.com /Scecl6 -01
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDS APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Note. Please write Agreement No. in tipper right corner of agreement when drafted..
t
Approved:`
S e Sa iacomo, City Manager
Page 2 of 2
Bids were received until 2:00 pm on Wednesday, February 24, 2016, at which time three bids were
received and opened by the Deputy City Clerk. The bid tabulation sheet is included as Attachment #1.
The request for bid documents can be viewed at: https:/ /cityofukiah.box.com /Specl6 -01.
After review of the bids, the lowest responsible bidder is NorCal Pump and Well Drilling. It is staff's
recommendation to award the contract for Spec 16 -01 Installation of Replacement Well 4 and New Well 9
to NorCal Pump & Well Drilling in the amount of $702,558.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
2,900,000
N/A
82224413.80230 PC
15070 and 15074
Yes ❑ No ®
N/A
ATTACHMENT 1
BID TABULATION - Spec 16 -01 Installation of Replacement Well 4 and New Well 9
City of Ukiah
Bid Opening: 02/24/16
NORCAL PUMP & WELL DRILLING
Weeks Drilling & Pump Co
Cascade Drilling, L.P.
1325 BARRY RD
YUBA CITY, CA 95993
6100 HWY 12
Sebastopoll, CA 95472
3000 Duluth Street
West Sacramento, CA 95691
Base Bid
Item#
Item Description
Quantity
Unitof Measure
Unit Price
Item Total
Unit Price
Item Total
Unit Price
Item Total
1
MOBILIZATION /DEMOBILIZATION MONITORING WELL MW 4A
1
LS
$19,500.00
$19,500.00
22,380.00
22,380.00
$14,500.00
$14,500.00
2
GENERAL NPDES PERMIT WELL 4 SITE
1
LS
$0.00
$0.00
$1,500.00
$1,500.00
$3,000.00
3,000.00
3
DRILL MONITORING WELL BORING MW 4A
225
LF
$110.00
$24,750.00
$105.00
23,625.00
195.00
43,875.00
4
MONITORING WELL CONSTRUCTION MW 4A
210
LF
168.00
35,280.00
18000
37,800.00
65.00
13,650.00
5
MONITORING WELL DEVELOPMENT MW 4A
1
LS
12,500.00
$12,500.05
13,500.00
13,500.00
17,500.00
17,500.00
6
MONITORING WELL ZONE TESTING MW 4A
1
LS
14,707.00
$14,707.00
9,250.00
9,250.00
9,500.00
9,500.00
7
MOBILIZATION /DEMOBILIZATION REPLACEMENT WELL
1
LS
18,500.00
18,500.00
19,380.00
19,380.00
12,000.00
12,000.00
8
DRILL REPLACEMENT WELL BORING
220
LF
172.00
37,840.00
$120.00
$26,400.00
$220.00
$48,400.00
9
26 -INCH CONDUCTOR CASING REPLACEMENT WELL
51
LF
450.00
22,950.00
425.00
21,675.00
$392.00
$19,992.00
10
REPLACEMENT WELL 4 WELL CONSTRUCTION
223
LF
$402.00
$89,646.00
505.00
112,615.00
487.00
108,601.00
11
REPLACEMENT WELL 4 DEVELOPMENT
1
LS
28,790.00
$28,790.05
23,380.00
23,380.00
22,500.00
22,500.00
12
AQUIFER PUMP TESTING REPLACEMENT WELL 4
1
LS
17,003.00
$17,003.05
23,380.00
23,380.00
30,500.00
30,500.00
13
ABANDONMENT OF EXISTING WELL 4 AND DEMOLITION
1
LS
34,480.00
$34,480.05
34,500.00
34,500.00
55,000.00
55,000.00
14
MOBILIZATION /DEMOBILIZATION MONITORING WELL MW 9A
1
LS
18,500.00
$18,500.05
43,380.00
43,380.00
14,500.00
14,500.00
15
GENERAL NPDES PERMIT WELL 9 SITE
1
LS
$0.00
$0.00
1,500.00
1,500.00
3,000.00
3,000.00
16
DRILL MONITORING WELL MW 9A BORING
260
LF
$103.00
$26,780.00
1 $120.001
$31,200.00
$195.00
$50,700.00
17
MONITORING WELL 9A CONSTRUCTION
263
LF
154.00
40,502.00
$165.00
$43,395.00
65.00
17,095.00
18
MONITORING WELL 9A DEVELOPMENT
1
LS
$12,500.00
$12,500.00
$14,380.00
14,380.00
17,500.00
17,500.00
19
MONITORING WELL 9A ZONE TESTING
1
LS
14,707.00
14,707.00
9,380.00
9,380.00
9,500.00
9,500.00
20
MOBILIZATION /DEMOBILIZATION NEW WELL 9
1
LS
18,500.00
18,500.00
19,380.00
19,380.00
12,000.00
12,000.00
21
DRILL NEW WELL 9 BORING
260
LF
187.00
48,620.00
105.00
27,300.00
220.00
57,200.00
22
26 -INCH CONDUCTOR CASING NEW WELL 9
51
LF
450.00
22,950.00
425.00
21,675.00
392.00
19,992.00
23
NEW WELL 9 CONSTRUCTION
260
LF
$376.00
$97,760.00
505.00
131,300.00
487.00
126,620.00
24
NEW WELL 9DEVELOPM ENT
1
LS
28,790.00
28,790.00
23,380.00
23,380.00
22,500.00
22,500.00
25
AQUIFER PUMP TESTING NEW WELL 9
1
LS
17,003.00
17,003.00
24,000.00
24,000.00
$30,500.00
30,500.00
Total Bid Amount
$702,558.00
$759,655.00
11
$780,125.00
Listed Subs
John Palow, Construction
1645 Ludwig Avenue
Santa Rosa, CA
Sitework
Kenwood Fence Co.
2380 Bluebell Drive
Santa Rosa, CA
Fencing
Warren E. Games Excavating, Inc.
551 Airport Road
Rio Vista,
Fluid Hauling
West Coast Well Logging Services
PO Box 2797
Rancho Cordova,
Geophysical
Wipf
1300 Hastings Road
Ukiah, CA
Sitework
Welenco
5201 Woodmere Drive
Bakersfield, CA
CCTV Video and photograph of wells
E tty of ukiah
ITEM NO.: 13C
MEETING DATE: March 2, 2016
AGENDA SUMMARY REPORT
SUBJECT: APPROVE PLANS AND SPECIFICATIONS FOR THE SITE DEVELOPMENT FOR WELL 4
AND 9 AND AUTHORIZE STAFF TO ISSUE BIDS FOR SPECIFICATION NUMBER 16 -02
Summary: Staff is requesting Council's approval of plans and specifications for the site development of
Replacement Well 4 and New Well 9 (Specification No. 16 -02).
Background: The rehabilitation of Well 4 and the construction of Well 9 project will potentially be awarded
by Council. In order to have a timely completion of the two well projects, Staff is requesting Council's
approval of plans and specifications for the Site Development of Replacement Well 4 and New Well 9
(Specification No.16 -02) (per section 22039 of the Public Contracts Code). The engineer's estimate for the
project is $2,045,00.
Discussion: The rehabilitation of Well 4 and the construction of Well 9 is designed to be completed in two
phases. Phase one is to drill and develop the wells. Bids for the Well Drilling and Installation portion (Phase
One) of the project are also up for Council action on March 2, 2016. The second phase is to construct the
pumping facilities and appurtenances. This phase of the project will involve construction of the well houses,
installation of the wellhead and pumps, installation of the mechanical and electrical components, and will
also tie the production well into the water distribution system.
The design of the pumping facilities and appurtenances for Wells 4 and 9 have incorporated a number of
changes based on staff experiences with similar facilities at Wells 7 and 8. The modified design should
significantly improve serviceability and worker safety.
Project funding is from the City's Water Capital Fund. The plans and specifications for the project are
available for City Council and public review at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah,
California 95482. In addition, the plans and specifications have been posted to the City's website for review:
www.cityofukiah.com /purchasing. They can also be found at the following link:
https ://cityofukiah.box.com /Specl 6 -02.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
$2,900,000
N/A
82224413.80230
Yes ❑ No ®
N/A
RECOMMENDED ACTION(S): Approve plans and specifications for the site development for Well 4 and 9
and authorize staff to issue bids for Specification Number 16 -02.
ALTERNATIVES: Provide staff with other direction.
Citizens advised: N/A
Requested by: Tim Eriksen, Director of Public Works / City Engineer.
Prepared by: Jarod Thiele, Public Works Project Analyst.
Coordinated with: Sage Sangiacomo, City Manager; Mary Horger, Purchasing Supervisor; and Sean White,
Water and Sewer Director.
Presenter: Tim Eriksen, Director of Public Works / City Engineer.
Attachment: 1. Plans, Specifications, Estimate: bqs://cilyofukiah.box.com/Specl6-02
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDs APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Approved:
Sag Sangia , City Manager
l'zly e�J `Ukiah
ITEM NO.: 13d
MEETING DATE: March 2, 2016
AGENDA SUMMARY REPORT
SUBJECT: REVIEW AND CONSIDER PROVIDING COMMENTS ON THE MENDOCINO LOCAL
AGENCY FORMATION COMMISSION 2016 -2017 BUDGET
Summary: The City has received a notice from the Mendocino Local Agency Formation Commission
(LAFCo) inviting comments on its proposed 2016 -2017 annual budget. The notice (Attachment 1) and
budget (Attachment 2) are included with this report. All cities in Mendocino County, as well as the
County, contribute funds to the LAFCo for its operations and State law requires that each LAFCo provide
an opportunity to its funding agencies to review and comment on the budget prior to adoption. The
proposed 2016 -2017 budget maintains the Cities /County apportionment fee at the same level as 2015-
2016.
The deadline to comment on the budget is March 25, 2016, and LAFCo has scheduled a public hearing
to consider adopting it on April 4, 2016. If the City Council chooses to comment, Staff will submit the
comments prior to the March 251h deadline.
FISCAL IMPACT:
Budgeted
New Appropriation
Citizens advised:
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Attachments:
Required
No.
N/A
N/A
N/A
Yes ❑ No ®
N/A
■ RECOMMENDED ACTION(S): Review and comment on the 2016 -2107 LAFCo budget.
■ ALTERNATIVES:
Do not review and comment on the LAFCo budget and provide direction to Staff.
Citizens advised:
N/A
Requested by:
Charley Stump, Director of Planning and Community Development.
Prepared by:
Charley Stump, Director of Planning and Community Development.
Coordinated with:
Sage Sangiacomo, City Manager.
Presenter:
Charley Stump, Director of Planning and Community Development.
Attachments:
1. LAFCo notice inviting comments on its 2016 -2017 budget
2. 2016 -2017 LAFCo budget
COUNCIL ACTION DATE:
❑ Approved ❑ Continued to
❑ Other
RECORDs APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Note. Please write Agreement No. in tipper right corner of agreement when drafted..
Approved:
S e Sa gi mo, City Manager
Attachment # l
MENDOCINO Local Agency Formation Commission
Ukiah Valley Conference Center 0 200 South School Street 0 Ukiah, California 95482
Telephone: 707 - 463 -4470 Fax: 707 - 462 -2088 E -mail: eo@mendolafco.org Web: www.mendolafco.or
CHAIR
Date: February 4, 2016
Jerry Ward
Public Member
To: Mendocino County, Cities, and Independent Special Districts
VICE CHAIR
From: George Williamson, Executive Officer
Holly Madrigal
Willits City Council
Subject: Notice of Public Hearing to Adopt a Proposed LAFCo Budget for
Fiscal Year 2016 -17
TREASURER
Doug Hammerstrom
Fort Bragg City Council
The Mendocino Local Agency Formation Commission (LAFCo) is responsible under
MEMBERS
the Cortese -Knox- Hertzberg Local Government Reorganization Act of 2000 to adopt a
Carre Brown
proposed budget by May 1" and a final budget by June 15'. A mandatory review by
County Board
local funding agencies is required between the two adoption periods. The legislation
of Supervisors
also specifies the proposed and final budgets shall - at a minimum - be equal to the
John Mecowen
County Board
budget adopted for the previous fiscal year unless LAFCo finds any reduced costs will
of Supervisors nonetheless allow the agency to meet its regulatory and planning duties.
Theresa McNerlin
Ukiah Valley Sanitation District Enclosed is a draft proposed budget for fiscal year 2016 -17, as approved by the
Commission on February 1, 2016. The draft proposed budget allocates use of
Vacant
Special Distract Member unrestricted fund balance to maintain agency a pp ortionment fees at fiscal year 2015 -16
levels. The Commission will hold a public hearing at its regular meeting on April 4,
ALTERNATE MEMBERS 2016 to consider adopting a proposed budget for fiscal year 2016 -17. A subsequent
UkiahCity C hearing to adopt the final budget will be held on June 6, 2016.
Ukiah Ciry Council
Dan Hamburg Copies of all related documents are on file and may be reviewed at the LAFCo office. If
County Board you cannot attend the public hearing described in this notice you may submit written
of Supervisors )' p g , y y
comments prior to the hearing. Please direct comments, questions, and requests to
Carol Rosenberg
Public Member
review documents to LAFCo, 200 South School Street, Ukiah, CA 95482; e-mail:
e_o t�7i,mendolafco.org; phone: (707) 463 -4470.
Angela Silver
Calpella County Water District
Executive Officer
George Williamson
Scott Browne
Analyst
Colette Metz
Commission Clerk
Elizabeth Salomone
Regular Meetings
First Monday
of each month
at 9:00 AM
at the Mendocino
County Board
of Supervisors Chambers
501 Low Gap Road
ktachms~nt # z
Mendocino Local Agency Formation Commission
DRAFT Proposed FY 2016 -17 Budget
LINE JACCOUNT FY 2015 -16 FY 2015 -16 FY 2016 -17
# # DESCRIPTION Adopted Amended Draft Proposed
1
REVENUE
2
4000
LAFCO Apportionment Fees
$125,000.00
$125,000.00
$125,000.00
3
4030
Application Filing Fees
$33,900.00
$33,900.00
$30,000.00
4
4100
Service Charges
$0.00
$0.00
$0.00
5
4800
Miscellaneous
$0.00
$0.00
$0.00
6
4910
Interest Income
$128.00
$128.00
$120.00
7
Revenue Total
$159,028.00
$159,028.00
$155,120.00
8
EXPENSES
9
5300
Basic Services (split between sub - accounts)
$59,000.00
$59,000.00
$0.00
10
5301
Executive Officer Contract
$0.00
$0.00
$43,000.00
11
5302
Clerk Contract
$0.00
$0.00
$19,000.00
12
5500
Rent (split between sub - accounts)
$4,860.00
$0.00
$0.00
13
5502
Office Space
$0.00
$4,675.00
$4,800.00
14
5503
Work Room
$0.00
$360.00
$360.00
15
5600
Office Expenses (split between sub - accounts)
$2,800.00
$0.00
$0.00
16
1 5601
Office Supplies (petty cash)
$0.00
$700.00
$700.00
17
1 5603
Photocopy
$0.00
$1,000.00
$1,000.00
18
1 5605
Postage
$0.00
$300.00
$300.00
1911
5607
Office Equipment
$0.00
$1,500.00
$0.00
20
5700
Internet & Website Costs
$1,056.00
$1,200.00
$1,200.00
21
5900
Publication and Legal Notices
$3,100.00
$2,000.00
$2,000.00
22
6000
Televising Meetings
$2,112.00
$1,700.00
$1,700.00
23
6100
Audit Services
$3,000.00
$3,025.00
$4,650.00
2411
6200
Bookkeeping
$4,100.00
$4,800.00
$4,800.00
25
1 6300
Legal Counsel
$6,000.00
$6,000.00
$6,000.00
26
1 6400
A -87 Costs County Services
$3,000.00
$2,010.00
$2,010.00
27
1 6500
Insurance - General Liability
$1,200.00
$1,000.00
$1,000.00
28
1 6600
Memberships (CALAFCO /CSDA)
$2,100.00
$2,000.00
$2,100.00
29
1 6740
In- County Travel & Stipends
$4,300.00
$2,000.00
$4,300.00
30
1 6750
Travel & Lodging Expense
$5,000.00
$2,500.00
$5,000.00
31
1 6800
Conferences (Registrations)
$3,000.00
$3,000.00
$3,000.00
32
1 7000
Barraco & Associates MSR Contract
$0.00
$6,300.00
$0.00
33
1 7001
MSR Reviews - Admin
$5,000.00
$5,000.00
$15,000.00
34
1 7501
SO1 Updates
$29,000.00
$42,000.0011
$39,000.00
35
1 9000
Special District Training Support
$12,000.00
$12,000.00
$0.00
36
Operating Expense Total
$150,628.00
$164,070.00
$160,920.00
37!
8000
Application Filing Expenses
$33,900.00
$33,900.00
$30,000.00
38
Expense Total
$184,528.00
$197,970.001
$190,920.00
39
401
REVENUE /EXPENSE DIFFERENCE
- $25,500.00
- $38,942.00
- $35,800.00
41
(Negative balance indicates use of fund balance)
city of uktah
ITEM NO.: 13e
MEETING DATE: March_2, 2016
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF PURCHASE OF 2016 TOYOTA PRIUS IN THE AMOUNT OF $26,073.17
FOR THE WASTEWATER TREATMENT PLANT AND AMENDMENT OF THE FISCAL
YEAR 2015 -2016 CAPITAL BUDGET TO REFLECT THE CHANGE IN VEHICLE TYPE
Summary: Council will consider approving the purchase of a 2016 Toyota Prius for the Waste Water
Treatment Plant.
Background: Council approved the Capital Improvement Plan for Fiscal Year 2015 -2016 which included
$30,000 to replace a 2001 Dodge half -ton truck. This vehicle has approximately 130,000 miles on it and
is currently inoperable. The Vehicle Replacement Justification is included at Attachment 1 and the Capital
budget sheet for the proposed expense is included as Attachment 2
Discussion: During discussions with the Staff at the Wastewater Treatment Plant, it became apparent
that savings could be achieved by replacing the truck with a more efficient vehicle. The workload for this
vehicle (on -call operator vehicle and sample delivery) does not require a truck. During certain times of
the year, WWTP Staff makes numerous trips per month to deliver samples to the City's contract lab in
Fairfield. As these samples can affect future sampling intensity as well as potential fines, it is important
that WWTP Staff control the chain of custody and hold times of the samples. Due to these circumstances
it is important the vehicle be efficient and reliable.
The Purchasing Department requested bids for a 2016 Toyota Prius or equivalent. Seven bids were
received and are included as Attachment 3. Several dealers quoted a Ford C -Max Hybrid. After
comparison of the two different vehicles, the Toyota Prius gets an average of 10 miles per gallon
improved fuel economy over the Ford C -Max Hybrid. In addition, the Fleet Maintenance Department is
confident the Toyota Prius will continue to perform as well as the other ones in the fleet. When comparing
the two vehicles long term, there is an economic comparison that could be considered given the Ford C-
Max is less in purchase price and the purchase savings could be used to offset the increased cost in fuel
consumption verse the Prius.
RECOMMENDED ACTION(S): Approval of purchase of a 2016 Toyota Prius for the Wastewater Treatment
Plant in the amount of $26,073.17 and amendment of the Fiscal Year 2015 -2016 Capital Budget to
reflect the chanae in vehicle tvne.
ALTERNATIVES:
Approve the purchase of the Ford C -Max Hybrid; Do not approve the purchase of either
vehicle and provide direction to Staff.
Citizens advised:
N/A
Requested by:
Sean White, Director of Water and Sewer.
Prepared by:
Jarod Thiele, Public Works Project Analyst and Mary Horger, Purchasing Supervisor.
Coordinated with:
Dave Kirch, Senior Equipment Mechanic and Andy Luke, Wastewater Treatment Plant
Supervisor.
Presenter:
Sean White, Director of Water and Sewer; Jarod Thiele, Public Works Project Analyst
Attachments:
1. Vehicle Replacement Justification
2. Capital Budget Vehicle Replacement
3. Bid Tabulation
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDS APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Note: Please write Agreement No in tipper right corner of agreement when drafted..
Approved:
a SanWcoVo, City Manager
Page 2 of 2
The lowest bid received for the Toyota Prius was offered by Novato Toyota. This has been deemed as
non - responsive, as the specification specifically called out for vehicles with white paint, and did not allow
for optional colors to be proposed. This does make a difference, as Toyota charges additional fees based
on colors specified.
Therefore, it is Staff's recommendation to purchase the Toyota Prius from Jimmy Vasser Toyota in the
amount of $26,073.17.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
$30,000
Waste Water Treatment
84024425.80100 PC
Yes El No ®
N/A
Plant
15058
Attachment 1
4!V City of Ukiah
Replace Truck at VWIITP Justification
Proposed Vehicle: One new 2015 Ford F -150 2WD, Super Cab Pickup or equal
Department: Public Works
Area of use: Wastewater Treatment Plant (VW TP)
Prepared by: Jarod Thiele, PW Project Analyst & Dave Kirch, Senior Equipment Mechanic
1 VEHICLE PURPOSE
Need for Vehicle within Department Fleet J
This vehicle will be used daily for maintenance at the Wastewater Treatment
Plant.
2 REPLACEMENT JUSTIFICATION
2.1 Current Vehicle
Description, Mileage, Funding Source and Market Value
The vehicle being replaced is city vehicle #3725, a 2001 Dodge Ram 1500
pickup. Currently it has 130,000 miles on it. This vehicle is in poor condition.
Funding: Sewer Capital (fund 844)
Estimated Value: $1,000.
2.2 Maintenance Costs
Overall Condition, Maintenance Costs, Out of Service Time, Parts
Availability, and Associated Safety Issues
Overall Mechanical Condition: This vehicle is in poor mechanical condition.
It needs to be replaced with a reliable vehicle for daily maintenance use at the
WWTP.
Maintenance Costs: For the past year this vehicle has incurred over $3,000
in parts and labor costs.
Out of Service Time: This vehicle was out of service for 36 hours over the
last fiscal year.
Parts Availability: Yes, most parts are available from the factory.
Associated Safety Issues: None
Attachment 1
2.3 Shared Resources
Define any Resources Currently Available within the City of Ukiah Fleet which
could be Utilized for this Purpose. _. _ _
There are no vehicles in the city fleet available for use as a permanent replacement.
3 PROPOSED VEHICLE SPECIFICATIONS
Proposed Vehicle Specifications
One new 2015 Ford F -150 2WD, Super Cab Pickup or equal
COST - $30,000
4 ALTERNATIVE FUEL AND CARB REGULATIONS
4.1 Alternative Fuels Availability
J
Proposed Vehicle Alternative Fuels Availability
An alternative fueled vehicle such as CNG is not recommended due to the amount of
time it is used for maintenance of the Waste Water Treatment Plant. A CNG fuelled
vehicle would require a rapid fill CNG fueling station. The added expense of
constructing a CNG fueling station is not economically feasible at this time.
4.2 CARB STANDARDS
CARB STANDARDS
This vehicle is exempt from CARB standards.
Attachment 2
Water MMMJ
Funding Source
Funding Source
Actuals Funding
FY 2016 Request
FY 2016
Anticipated Anticipated Anticipated Anticipated
Request Request Request Request TOTAL
FY 2017 FY 2018 FY 2019 FY 2020
Sewer Operating
Fund 840 $30,000 $30,000
Project Description: Replace Dodge Truck at the Waste Water Treatment Plant due to its age,
mileage and condition
FY 2015/2016
Attachment 3
BID RESULTS - E35101- TOYOTA PRIUS OR EQUAL
TOYOTA PRIUS
FOR C -MAX
Vendor
Model
Price
Note:
Vendor
Model
Price
Note:
Jimmy Vasser Toyota
2016 Toyota Prius
$26,073.17
Ukiah Ford
2016 Ford C -Max Hybrid SE
$24,075.02
Maita Toyota
2016 Toyota Prius
$26,977.96
Zumwalt Ford
2016 Ford C -Max Hybrid SE
$24,356.14
Thurston Auto Plaza
12016 Toyota Prius
1 $27,275.05
Bids Not Under Consideration:
Novato Toyota
2015 Toyota Prius
$24,692.63
Not - equal: Silver and
Seaglass Pearl colors
available only
Zumwalt Ford
2015 Ford C -Max Hybrid SE
$24,068.84
Reflects $2k Rebate - Expires
2/29/16 - Would not be able to
purchase in time.
PITEM NO.: 13f
MEETING DATE: March 2, 2016
city of ukjah
AGENDA SUMMARY REPORT
SUBJECT: THE CITY COUNCIL WILL CONSIDER AND POSSIBLY APPROVE A LETTER TO THE
COUNTY OF MENDOCINO TO NEGOTIATE AN AGREEMENT WITH THE CITY ON THE
TERMS AND CONDITIONS FOR INCLUDING THE CITY IN AN AMBULANCE EOA
(EXCLUSIVE OPERATING AREA)
Summary: Council will consider a letter to Mendocino County Executive Officer asking the County's
Emergency Medical Services Agency ( "EMS Agency ") to negotiate an agreement with the City providing
adequate assurance to the City that the level of ambulance service within the City's jurisdiction will be
maintained at its historic level. The proposed letter is Attachment 1.
Background: The County EMS agency has determined to establish an exclusive operating area which
would allow a single ambulance company to provide ambulance service within that area. The area will
include what has been called the Inland Mendocino County Zone, which includes most of inland
Mendocino County, including the incorporated cities (Willits and Ukiah), Hopland, Laytonville, and
Covelo. Under the Emergency Services Act ( "EMS Act," Cal. Health and Safety Code ( "H & S Code"
sections 1797.1 and following), an EMS Agency can establish an exclusive operating area "EOK, but it
must select the provider of ambulance service to serve that area through a competitive bidding process.
(See H & S Code Section 1797.224, quoted in full below.)
Mendocino County's EMS Agency, which is Coastal Valley EMS, has been working on an RFP (Request
for Proposal) to solicit bids from ambulance companies to serve the Inland Mendocino County Zone EOA.
City Staff has not been allowed to participate fully in the process due to the County's concern that the
City could partner with the EOA provider or even bid on the EOA. Staff has communicated to the RFP
developers that the level of service within the City of Ukiah must be maintained at historical levels or at a
level that is better than the historic level. Staff has been denied access to the RFP document to
determine if the RFP requires that these levels will be maintained.
Discussion: Ukiah has been providing emergency medical services in the City before the EMS Act was
adopted in 1980 and became effective in 1981. In 1991, the City determined to establish an ambulance
service provided by its fire department, which provided the exclusive EMS response in the City until 2014.
The decision to dispatch the fire department ambulance to all EMS calls in the City gave rise to disputes
between the City, the County EMS Agency, and Ukiah Ambulance Service "UAS" which was the private
ambulance company responding at the time to EMS calls in the City. The disputes were resolved in a
lawsuit filed by the City against the County EMS Agency and a lawsuit filed by UAS against the City. The
cases were consolidated and the judge issued a Statement of Decision for both cases. Following that
RECOMMENDED ACTION(S): Approve letter to the Executive Office of Mendocino County and authorize
and direct the Mayor to sign on behalf of the City Council.
ALTERNATIVES: Revise the agree_ ment; decline to send an agreement; and /or provide direction to Staff.
Citizens advised: N/A
Requested by: Sage Sangiacomo, City Manager and Fire District Merger Ad Hoc (Brown /Doble).
Prepared by: Kirk Thomsen, Fire /EMS Division Chief and David Rapport, City Attorney.
Coordinated with: David Rapport, City Attorney and John Bartlett, Fire Chief.
Presenter: Sage Sangiacomo, City Manager.
Attachment: 1. Draft letter to Carmel Anqelo
COUNCIL ACTION DATE:
: ❑ Approved ❑ Continued to.
❑ Other
RECORDS APPROVED: ❑ Agreement: ❑ Resolution: ❑ Ordinance:
Note: Please write Agreement No. to tipper right corner ofagreement when drafted
w.
Approved:
e S g'• como, City Manager
Page 2 of 2
decision, the City settled with UAS which dismissed its case and the City and the County entered an
agreement in February 1995. As described in Attachment 1, in that agreement the County agreed that if
an ambulance service other than the City ambulance service wanted to respond to EMS calls in the City,
there would have to be an agreement among the City, the ambulance company and the EMS Agency. In
the absence of that agreement, the EMS Agency may conduct a competitive bid process to select an
exclusive provider, "subject to the CITY's rights under Health and Safety Code Section 1797.201." That
section says:
Upon the request of a city or fire district that contracted for or provided, as of June 1,
1980, prehospital emergency medical services, a county shall enter into a written
agreement with the city or fire district regarding the provision of prehospital emergency
medical services for that city or fire district. Until such time that an agreement is
reached, prehospital emergency medical services shall be continued at not less
than the existing level, and the administration of prehospital EMS by cities and fire
districts presently providing such services shall be retained by those cities and
fire districts, except the level of prehospital EMS may be reduced where the city
council, or the governing body of a fire district, pursuant to a public hearing, determines
that the reduction is necessary.
H &S Code Section 1797.224 authorizes an EMS Agency to establish exclusive operating areas as long
as an exclusive provider of ambulance service is selected using a competitive bidding process. That
section says:
A local EMS agency may create one or more exclusive operating areas in the
development of a local plan, if a competitive process is utilized to select the provider or
providers of the services pursuant to the plan. No competitive process is required if the
local EMS agency develops or implements a local plan that continues the use of existing
providers operating within a local EMS area in the manner and scope in which the
services have been provided without interruption since January 1, 1981. A local EMS
agency which elects to create one or more exclusive operating areas in the development
of a local plan shall develop and submit for approval to the authority, as part of the local
EMS plan, its competitive process for selecting providers and determining the scope of
their operations. This plan shall include provisions for a competitive process held at
periodic intervals. Nothing in this section supersedes Section 1797.201. (Emphasis
added.)
While the term of the 1995 agreement between the City and the County terminated on December 31,
1996, in the agreement the County recognized that the administration of prehospital EMS by cities
providing those services when the EMS Act became effective in 1981 is retained by those cities and that
nothing in Section 1797.224, authorizing an EMS Agency to establish an exclusive operating area
"supersedes Section 1797.201."
The letter (Attachment 1) requests the County to negotiate an agreement with the City in order to include
the City in the EOA for the Inland Mendocino County Zone. That agreement can address the standard of
service to the City that an exclusive provider must provide in the City. Staff recommends that the City
Council approve the letter (Attachment 1) which has been prepared for the Mayor's signature.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
N/A
N/A
N/A
Yes ❑ No
N/A
Attachment 1
[City of Ukiah Letterhead]
Carmel J. Angelo, Chief Executive Officer
Mendocino County Executive Office
501 Low Gap Road, Rm. 1010
Ukiah, CA. 95482
RFP for Exclusive Operating Area in Inland Mendocino County
Dear Ms. Angelo:
The Ukiah City Council has been informed that the Cautrty anti
Letter to Carmel Angelo, CAO
Subject: Exclusive Service Area for ambulance service
Dated:
Page 2
an EOA which could reduce the level of ambulance and emergency medical services in the City
without the agreement of the City Council.
The City Council has concerns that establishing a very large EOA could result in a reduction in
the EMS and ambulance service that the City has enjoyed in the past, unless adequate
specifications are developed that impose enforceable standards of service, including ambulance
response times that the citizens of the City have come to expect. Before the EMS Agency
releases the RFP, the EMS Agency must negotiate with the City an agreement that will assure no
reduction in the level of ambulance services in the City.
The City Council does not wish to cause undue delay in the County's schedule to solicit bids for
servicing an exclusive ambulance service area, and will use its best efforts to negotiate an
acceptable agreement as quickly as possible. Please contact Sage Sangiacomo, City Manager, to
schedule a first meeting to discuss the agreement. The City Council has appointed an ad hoc
committee consisting of Councilmembers Jim Brown and Kevin Doble who, together with
appropriate City staff, are ready to undertake these negotiations.
cc: City Council
City Manager
Ukiah Valley Fire Authority
Coastal Valley EMS
Very truly yours,
tqven Scalmanizt, Mayor
ITEM NO.: 13g
MEETING DATE: _ March 2, 2016
City of uk ah
AGENDA SUMMARY REPORT
SUBJECT: DISCUSSION AND APPROVAL OF BUDGET AMENDMENT TO TRANSFER FUNDS
FROM DISPOSAL SITE ENTERPRISE FUNDS TO THE CLOSURE MAINTENANCE
FUND IN ACCORDANCE WITH CALRECYCLE FINANCIAL ASSURANCE
REQUIREMENTS FOR THE LANDFILL CLOSURE PROJECT AND POSSIBLE
ADOPTION OF A RESOLUTION
Summary: Council will discuss and consider approval of a budget amendment and possible adoption of
a resolution to secure closure costs for the Ukiah Landfill Closure Project to satisfy the CalRecycle
Financial Assurance requirements.
Background: In order to comply with resolution 94 -33 (Attachment #1) and meet CalRecycle
requirements, a budget amendment is needed to complete the transfer. In addition, the City is required to
have a balance of $10,343,287 in the closure maintenance fund to fulfill CalRecycle Financial Assurance
requirements. Once funds are deposited into the closure maintenance fund, funds are restricted and
require written authorization from CalRecycle for disbursement.
Discussion: City staff is currently in discussions with CalRecycle for the most efficient process to
complete the Financial Assurance requirements.
At the time of agenda publication, staff did not have all of the data required to proceed with a firm
recommendation. This data, information and recommendation will be forthcoming at the Council meeting.
FISCAL IMPACT:
Budgeted
New Appropriation
Budget
Previous Contract
Amount in
Source of Funds
Account Number
Amendment
or Purchase Order
15 -16 FY
(Title & No.)
Required
No.
N/A
TBD
TBD
Yes Z No ❑
N/A
RECOMMENDED ACTION(S): Discussion and approval of budget amendment to transfer funds from
disposal site enterprise funds to the closure maintenance fund in accordance with CalRecycle financial
assurance requirements for the landfill closure project and possible adoption of a resolution
ALTERNATIVES: N/A
Citizens advised: N/A
Requested by: Sage Sangiacomo, City Manager.
Prepared by: Karen Scalabrini, Finance Director and Tim Eriksen, Public Works Director /City Engineer.
Coordinated with: David Rapport, City Attorney.
Presenters: Karen Scalabrini, Finance Director and Tim Eriksen, Public Works Director.
Attachments: 1. Resolution 94 -33 Financial Assurance for Closure and Postclosure
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to ❑ Other
RECORDS APPROVED: ❑ Agreement:
Approved:
S e San Como, City Manager
❑ Resolution: ❑ Ordinance:
Attachment 1
I RESOLUTION NO. 94—
2 FINANCIAL ASSURANCE FOR CLOSURE AND
3 POSTCLOSURE MAINTENANCE OF THE
CITY OF UKIAH SOLID WASTE FACILITY
4
5 WHEREAS, Public Resources Code Sections 43500 through 43610 and sections
6 of Title 14 of the California Code of Regulations ( "Regulations "), Division 7, Chapter 5,
7 Article 3.5, require operators of solid waste landfills to demonstrate the availability of
8 financial resources to conduct closure and postclosure maintenance activities; and
9 WHEREAS, Title 14, Sections 18283 and 18285 of the California Code of
10 Regulations ( "CCR ") specify an Enterprise Fund and related financial assurance
mechanisms as acceptable mechanisms to demonstrate financial responsibility for financing
1 I the closure and /or postclosure maintenance of a solid waste landfill.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
131 Ukiah that:
14 1. The Finance Director and City Manager of the City of Ukiah ( "Finance
15 Director ") are authorized and directed to establish and maintain an
16 Enterprise Fund for the City of Ukiah Solid Waste Facility, Facility Permit
17 No. 23 -AA -0019, and to deposit in the Enterprise Fund all revenue derived
from the operations of the City of Ukiah Solid Waste Facility.
18 2. The Finance Director is further directed to withdraw sufficient funds from
191 the Enterprise Fund to meet requirements of 14 CCR, Sections 18282 and
20 18285 and deposit them in a separate fund to be known as the City of
21 Ukiah Solid Waste Facility Closure /Postclosure Maintenance Fund
22 ( "Closure /Postclosure Maintenance Fund "). The Closure /Postclosure
23 Maintenance Fund shall be established by the Finance Director of the City
24 of Ukiah and retained by the Treasurer of the City of Ukiah ( "Treasurer ")
to be used exclusively to pay for closure and postclosure maintenance of the
25 f City of Ukiah Solid Waste Facility.
26 3. The Closure /Postclosure Maintenance Fund shall be and remain inviolate
27 against all other claims, including claims of the City of Ukiah or its City
28, Council or the creditors thereof, it being the intent of this Resolution that
1
the mechanism established hereby will provide equivalent protection to a
2
trust fund in ensuring that the assured amounts of funds will be available
3
in a timely manner for closure and /or postclosure maintenance of the City
4
of Ukiah Solid Waste Facility.
4.
Disbursement of funds for closure shall be in accordance with 14 CCR,
5
Section 18262.3.
6
5.
Disbursement of funds for postclosure maintenance shall be in accordance
7
with the final plan, as approved by the California Integrated Waste
8
Management Board ( "Board ").
q
6.
The Closure /Postclosure Maintenance Fund shall be invested by the
10
Treasurer in the manner provided by law.
7.
In the event the Board determines that the City of Ukiah has failed, or is
11
failing, to perform closure and /or postclosure maintenance as required by
12
law, the Board may direct the Finance Director to pay the Director of
13
Public Works from the Closure /Postclosure Maintenance Fund such
14
amounts as are necessary to ensure sufficient closure and /or postclosure
15
maintenance, who then shall be obligated to use such funds for closure or
16
postclosure maintenance in accordance with the directives of the Board.
17
8.
The Finance Director is directed to produce an annual report for transmittal
to the Board, containing the following information concerning the City of
18
Ukiah Solid Waste Facility.
19
a. As appropriate, a revised closure cost estimate, prepared as
20
specified by 14 CCR, Section 18263.
21
`
b. As appropriate, a revised postclosure maintenance cost estimate,
22
prepared as specified by 14 CCR, Section 18266.
23
C. Status, including balance of the City of Ukiah Solid Waste Facility
24
Closure /Postclosure Maintenance fiend.
25
26
27
281///
I PASSED AND ADOPTED this 19th day of January, 1994, by the
2 following roll call vote:
3 AYES:Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and
Mayor Schneiter
4 NOES: None
r
ABSENT: None
`� ABSTAIN: None
G
7 Mayor Fred chneiter
8
9 ATT
10 /
11 -Ca1t.
rk
12
13 By Minute Order, March 16, 1994 Regular Meeting, Approved
14
Clerical Corrections to Resolution No. 94 -33.
15
16
17
18 STATE OF CALIFORNIA)
ss.
19 CITY OF UKIAH )
24
11 , City Clerk of the City Council of the City of Ukiah, do
21 hereby cer fy that the regoing is a full, true, and correct copy of a resolution adopted
22 by the Cit Council at a regular meeting held on January, 1994, and duly entered in the
minut7/' f s City.
23
Mil
25
2G
27 e:imnsi
p CTWM6
28
CITY CLERK
City of Ukiah. Califomia
Certified To Bo A Tr and Exact Copy
rqy
Date ' Ca y cKey, cny erk
City of Vk#ah
ITEM NO.: 13h
MEETING DATE: March 2,_ 2016
AGENDA SUMMARY REPORT
SUBJECT: CONSIDERATION AND DISCUSSION OF INTEREST IN DEVELOPING A
GENETICALLY MODIFIED ORGANISM (GMO) BAN AND CORRESPONDING AD
HOC COMMITTEE IF DESIRED
Summary: Mayor Scalmanini requests the City Council discuss and consider establishing a genetically
modified organism (GMO) ban within the City of Ukiah similar to the ban approved with Measure H for the
County of Mendocino in 2004.
Background and Discussion: Mayor Scalmanini requests the City Council discuss and consider
establishing a GMO ban within the City of Ukiah similar to the ban approved with Measure H for the County
of Mendocino in 2004. For Council's consideration and reference, Mayor Scalmanini has provided the
following documents:
• Attachment #1 Memo from Mayor Scalmanini regarding a GMO ban
• Attachment #2 Measure H Election Results by Supervisorial District and by Cities
• Attachment #3 Election Summary Report - County of Mendocino - March 2, 2004
• Attachment #4 Point Arena's Genetically Modified Organisms Ordinance
• Attachment #5 County of Mendocino Code of Ordinances Measure H Text
The sole purpose of this item is to allow Councilmembers an opportunity to discuss their interest in the
submitted policy matter prior to devoting any staff time or resources. If there is majority interest, City staff
will work to prepare information and /or support the development of policy as directed by Council.
FISCAL IMPACT:
Budgeted Amount
g
New Appropriation
Source of Funds
Account Number
Budget Amendment
in 15 -16 FY
Title & No.
Required
N/A
N/A
N/A
Yes El No
RECOMMENDED ACTION(S): Consideration and discussion of interest in developing a genetically modified
organism (GMO) ban and corresponding ad hoc committee if desired.
ALTERNATIVES: N/A
Citizens advised: N/A _, c
Requested by: Mayor Scalmanini
Prepared by: Sage Sangiacomo, City Manager
Coordinated with: Mayor Scalmanini
Presenter: Mayor Scalmanini
Attachments: 1. Memo from Mayor Scalmanini
2. Measure H Election Results by Supervisorial District and by Cities
3. Election Summary Report - County of Mendocino - March 2, 2004
4. Point Arena's Genetically Modified Organisms Ordinance
5. County of Mendocino Code of Ordinances Measure H Text
COUNCIL ACTION DATE: : ❑ Approved ❑ Continued to
RECORDS APPROVED: ❑ Agreement: ❑ Resolution:
Vote. Please irate Agreement No. to upper right corner ofagreement when drafted
Approved:
9#6 San Como, City Manager
❑ Other
❑ Ordinance:
Attachment #1
To: Ukiah City Council date: March 2, 2016
From: Steve Scalmanini Subject: Consideration of GMO Ban
in City of Ukiah
Today is the 12Th anniversary of the passage of Measure -H by the voters of Mendocino
County, by which it became the first County in the Country to ban the growing of
genetically modified organisms. Measure -H applies to the jurisdiction of the
unincorporated County and not to the four incorporated cities within the County. Since
its passage, one of those four cities, Point Arena, passed a similar ban; to this date the
other three cities have not done so.
By way of the accompanying Agenda Summary I request that the Council consider
giving direction to staff, possibly with the assistance of an ad -hoc committee, to draft a
similar ban, with the most up -to -date language, for the Council to consider at a future
date. The objective is to create consistency with the unincorporated area of the County,
to take a step further toward a ban on GMO cultivation and propagation inside the entire
border of the County, eventually including all four cities, and to implement the will of the
voters on that day in 2004 when, as shown in the attached document `Measure H Election
Results by Supervisorial District and by Cities', voters in the City of Ukiah approved
Measure -H by a majority of 51.8% to 48.2 %.
With sincere regards,
Steve
Attachment #2
Statement of Votes Cast Date:03 /15/04
PRESIDENTIAL PRIMARY ELECTION Page :21 Ti 1:2 9 of 2 230 30
:21
COUNTY OF MENDOCINO - March 2, 2004
SOVC For Jurisdiction Wide, All Counters, All Races
I MEASURE H - GMO I MEASURE I - SO HUMB
Total
Total
Polling Place
Absentee
Total
COUNTY BOARD OF SUPERVISORS
1 ST SUPERVISORIAL DISTRICT
Polling Place
Absentee
Total
2ND SUPERVISORIAL DISTRICT
Polling Place
Absentee
Total
3RD SUPERVISORIAL DISTRICT
Polling Place
Absentee
Total
4TH SUPERVISORIAL DISTRICT
Polling Place
Absentee
Total
5TH SUPERVISORIAL DISTRICT
Polling Place
Absentee
Total
Total
Polling Place
Absentee
Total
CITIES
FORTBRAGG
Polling Place
Absentee
Total
POINT ARENA
Polling Place
Absentee
Total
UIUAH
Polling Place
Absentee
Total
WILLITS
Polling Place
47073 20138 12182
9452
3837
1972
186
9452
1610
711
89
9452
5447
2683
276
8125
3268
1744
152
8125
1264
595
66
8125
4532
2339
219
9962
4045
2643
140
9962
1428
699
72
9962
5473
3342
213
9557
4134
2480
165
9557
1497
651
84
9557
5631
3131
250
9977
4854
3343
151
9977
1690
908
78
9977
6544
4251
229
47073 20138 12182 795
3334
1356
790
3334
464
200
3334
1820
990
235
98
70
235
18
5
235
116
75
7352
2981
1603
7352
1193
560
7352
4174
2163
2302 873 534
8 �
113 61 25
113 0 0
113 61 25
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
113
61
25
113
0
0
113
61
25
0
0
0
0
0
0
0
0
0
113
61
25
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
}
Statement of Votes Cast Date:03 /15/04
Time: 11:25:49
PRESIDENTIAL PRIMARY ELECTION
Page:220 of 230
20
'
COUNTY OF MENDOCINO - March 2, 2004
SOVC For Jurisdiction Wide, All Counters, All Races
MEASURE H - GMO
MEASURE I - SO HUMB
L
B
o
u
UNINCORPORATED
Polling Place
33850 14830 9185 5645
113 61 25 3
Absentee
33850 5493 2649 2844
113 0 0 0
Total
33850 20323 11834 8489
113 61 25 3
Total
Polling Place
47073 20138 12182 7956
113 61 25 36
Absentee
47073 7489 3564 3925
113 0 0
Total
47073 27627 15746 118811
113 61 25 3
}
Election Summary Report Attachment #3 3/15/04
PRESIDENTIAL PRIMARY ELECTION 12:34:31
COUNTY OF MENDOCINO - March 2, 2004
Summary For Jurisdiction Wide, All Counters, All Races
Registered Voters 47073 - Cards Cast 27933 59.34% Num. Report Precinct 98 - Num. Reporting 98 100.00%
PRESIDENT - DEM
DEM
Total
Total
98
Number of Precincts
98
Total Votes
Precincts Reporting
98
100.0%
Total Votes
14520
JOHN EDWARDS
3094
21.31%
DICK GEPHARDT
98
0.67%
AL SHARPTON
107
0.74%
LYNDON LAROUCHE
21
0.14%
JOE LIEBERMAN
131
0.90%
WESLEY CLARK
232
1.60%
JOHN F KERRY
7721
53.17%
DENNIS J KUCINICH
2161
14.88%
HOWARD DEAN
689
4.75%
CAROL MOSELEY BRAUN
130
0.90%
Write -in Votes
136
0.94%
U S SENATOR - DEM
DEM
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
13242
BARBARA BOXER
13034 98.43%
Write -in Votes
208 1.57%
REP IN CONG - DEM
DEM
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
13251
MIKE THOMPSON
13118 99.00%
Write -in Votes
133 1.00%
MBR OF ASSEM - DEM DEM
Total
Number of Precincts 98
Precincts Reporting 98 100.0%
Total Votes
12896
PATTY BERG 12733 98.74%
Write -in Votes 163 1.26%
PRESIDENT - DEMJDTS
Number of Precincts
Precincts Reporting
Total Votes
DEM
Total
98
98
1331
100.0%
JOHN ED WARDS
281
21.11%
DICK GEPHARDT
4
0.30%
AL SHARPTON
16
1.20%
LYNDON LAROUCHE
2
0.15%
JOE LIEBERMAN
13
0.98%
WESLEY CLARK
24
1.80%
JOHN F KERRY
597
44.85%
DENNIS J KUCINICH
305
22.92%
HOWARD DEAN
73
5.48%
CAROL MOSELEY BRAtJN
11
0.83%
Write -in Votes
5
0.38%
PRESIDENT - DEM/DEC
Number of Precincts
Precincts Reporting
Total Votes
DEM
Total
98
98
13189
100.0%
JOHN EDWARDS
2813
21.33%
DICK GEPHARDT
94
0.71%
AL SHARPTON
91
0.69%
LYNDON LAROUCHE
19
0.14%
JOE LIEBERMAN
118
0.89%
WESLEY CLARK
208
1.58%
JOHN F KERRY
7124
54.01%
DENNIS J KUCINICH
1856
14.07%
HOWARD DEAN
616
4.67%
CAROL MOSELEY BRAUN
119
0.90%
Write -in Votes
131
0.99%
PRESIDENT - REP
REP
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
6579
GEORGE W. BUSH
6109 92.86%
Write -in Votes
470 7.14%
U S SENATOR - REP REP
Number of Precincts
Precincts Reporting
Total Votes
Total
98
98
6615
100.0%
JOHN M. VAN ZANDT
238
3.60%
JAMES STEWART
415
6.27%
TIM STOEN
963
14.56%
TONI CASEY
460
6.95%
HOWARD KALOOGIAN
364
5.50%
DANNEY BALL
108
1.63%
BARRY L. HATCH
169
2.55%
ROSARIO MARIN
534
8.07%
BILL JONES
3164
47.83%
BILL QURAISHI
126
1.90%
Write -in Votes
74
1.12%
REP IN CONG - REP
REP
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
5784
LAWRENCE R. WIESNER
5681 98.22%
Write -in Votes
103 1.78%
MBR OF ASSEM - REP
Number of Precincts
Precincts Reporting
Total Votes
REP
Total
98
98
6511
100.0%
DOMINIC J. FOPPOLI 2692 41.35%
RAY TYRONE 3751 57.61%
Write -in Votes 68 1.04%
PRESIDENT - P &F
P &F
Total
Number of Precincts
98
Precincts Reporting
98
100.0%
Total Votes
61
LEONARD PELTIER
32
52.46%
WALTER F BROWN
11
18.03%
Write -in Votes
18
29.51%
U S SENATOR - P &F P &F
Total
Number of Precincts 98
Precincts Reporting 98 100.0%
Total Votes 53
MARSHA FEINLAND
Write -in Votes
REP IN CONG - P &F
Number of Precincts
Precincts Reporting
Total Votes
Write -in Votes
48 90.57%
5 9.43%
P &F
Total
98
98 100.0%
3
3 100.00 %
MBR OF ASSEM - P &F P &F
Total
Number of Precincts 98
Precincts Reporting 98 100.0%
Total Votes 4
Write -in Votes 4 100.00%
PRESIDENT - AIP
Number of Precincts
Precincts Reporting
Total Votes
MICHAEL A. PEROUTKA
Write -in Votes
AIP
Total
98
98 100.0%
248
110 44.35%
138 55.65%
U S SENATOR - AIP
AIP
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
215
DON J GRUNDMANN
154 71.63°x'0
Write -in Votes
61 28.37%
REP IN CONG - AIP
AIP
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
68
Write -in Votes
68 100.00%
MBR OF ASSEM - AIP
AIP
Total
Number of Precincts
98
Precincts Reporting
98 100.0
Total Votes 66
Write -in Votes 66 100.00%
U S SENATOR - LIB
Number of Precincts
Precincts Reporting
Total Votes
JAMES P. "JIM" GRAY
GAIL K. LIGHTFOOT
Write -in Votes
LIB
LIB
Total
Total
98
98
98
100.0%
162
34
64
39.51%
92
56.79%
6
3.70%
REP IN CONG - LIB
LIB
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
34
Write -in Votes
34 100.00%
MBR OF ASSEM - LIB
Number of Precincts
Precincts Reporting
Total Votes
LIB
Total
98
98
142
100.0%
KEN ANTON 134 94.37%
Write -in Votes 8 5.63%
PRESIDENT - GRN
Number of Precincts
Precincts Reporting
Total Votes
LORNA SALZMAN
PETER MIGUAL CAMEJO
DAVID COBB
KENT MESPLAY
Write -in Votes
U S SENATOR - GRN
Number of Precincts
Precincts Reporting
Total Votes
Write -in Votes
GRN
GRN
Total
GRN
98
Total
98
100.0%
1129
Precincts Reporting
104
9.21%
705
62.44%
73
6.47%
13
1.15%
234
20.73%
GRN
Total
98
98 100.0%
196
196 100.00%
REP IN CONG - GRN
GRN
MBR OF ASSEM - GRN
GRN
Total
Total
Number of Precincts
98
Precincts Reporting
Precincts Reporting
98
100.0%
Total Votes
952
PAMELA ELIZONDO
385
40.44%
BILL MEYERS
529
55.57%
Write -in Votes
38
3.99%
MBR OF ASSEM - GRN
GRN
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
153
Write -in Votes
153 100.00%
PRESIDENT - NTL
NTL
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes 7
Write -in Votes 7 100.00%
U S SENATOR - NTL
Number of Precincts
Precincts Reporting
Total Votes
SUPERVISOR - 2ND DIST
Number of Precincts
Precincts Reporting
Total Votes
RICHARD M. SHOEMAKER
JIM WATTENBURGER
PHIL BALDWIN
Write -in Votes
NTL
Total
98
98 100.0%
5
Total
10
10 100.0%
4406
1815
41.19%
2037
46.23%
537
12.19%
17
0.39%
SUPERVISOR - 4TH DIST
Number of Precincts
Precincts Reporting
Total Votes
KENDALL SMITH
STEVE CARDULLO
Write -in Votes
Total
22
22 100.0%
5226
3253
62.25%
1954
37.39%
19
0.36%
PROPOSITION 55
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
26958
YES
13799 51.19%
NO
13159 48.81%
PROPOSITION 56
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
26621
YES
10215 38.37%
NO
16406 61.63%
PROPOSITION 57
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
26866
YES
15339 57.09%
NO
11527 42.91%
PROPOSITION 58
Total
Number of Precincts
98
Precincts Reporting
98 100.0%
Total Votes
26632
YES
17853 67.04%
NO
8779 32.96%
MEASURE H - GMO
Number of Precincts
Precincts Reporting
Total Votes
Total
98
98 100.0%
27627
YES 15746 56.99°x°0
NO 11881 43.01%
MEASURE I - SO HUMB
Total
Number of Precincts 1
Precincts Reporting 1 100.0%
Total Votes 61
YES 25 40.98%
NO 36 59.02%
MEASURE F - CITY CLERK
Total
Number of Precincts 9
Precincts Reporting 9 100.0%
Total Votes 3933
YES 2020 51.36%
NO 1913 48.64%
MEASURE G - TAX MEASURE
Total
Number of Precincts 9
Precincts Reporting 9 100.0%
Total Votes 4144
YES 2625 63.34%
NO 1519 36.66%
Attachment #4
ORDINANCE NO. 193
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POINT ARENA
ADDING AN ORDINANCE REGULATING GENETICALLY MODIFIED ORGANISMS.
The City Council of the City of Point Arena does ordain as follows:
CHAPTER 8.25: GENETICALLY ENGINEERED ORGANISMS
8.25.010 Title.
This ordinance shall be known as the City of Point Arena Genetically Modified Organisms Ordinance.
8.25.020 Findings.
The City Council makes the following findings:
A. Genetically modified life forms and their resulting products are being developed with
precipitous speed, and have been introduced into the marketplace before the potential risks
and long -term effects of these products have been studied. There are inadequate long -term
studies on the impact of genetically modified foods and their impact on humans. It is
necessary to protect Point Arena's agricultural industry, natural environment, private property
rights of our citizens, and the health and safety of our people by restricting the introduction of
genetically altered crops, and other organisms.
B. The impact on our natural environment from genetically modified organisms and
contamination from such is unpredictable, ultimately uncontrollable, and has received little
study. It is undeniable that genetically engineered crops have the potential to contaminate
other crops and plants, at a distance, through cross - pollination. This may alter or displace
existing species of plants, thereby threatening historical preserved strains of food crops,
destroying local ecosystems and eradicating biodiversity.
C. The planting of genetically modified crops may accelerate the development of resistant pest
populations, thus limiting the types of pesticides and herbicides that can be used in the future
to control those pests and has the potential for producing "super weeds" that are difficult and
expensive for farmers and communities to eradicate.
D. It is impossible for a farmer who plants genetically modified plants to contain the pollen from
those crops, and to prevent the contamination of conventionally propagated crops belonging
to others at a distance.
E. It is the intent of the City Council of the City of Point Arena to uphold the public health,
safety and welfare of the citizens of the City of Point Arena and to prevent Agricultural and
Environmental contamination from transgenic, genetically modified organisms.
F. Based on these factors, the City Council finds that the propagation, cultivation, raising, and
growing of genetically engineered crops in the City of Point Arena constitutes a public
nuisance, and shall not be deemed legitimate agricultural operations.
8.05.030 Definitions.
A. "Crop " means the growing of an agricultural product.
B. "DNA " means deoxyribonucleic acid, the material naturally found within living cells
which contains the genetic code and transmits hereditary patterns.
C. "Genetically modified organisms (GMOs) " means an organism or the offspring of an
organism the DNA of which has been altered or amended through genetic engineering.
Such organisms are also sometimes referred to as "genetically engineered organisms" or
"transgenic organisms. "
D. "Genetic engineering" means altering or amending DNA using recombinant DNA
technology such as gene deletion, gene doubling, introducing a foreign gene, or changing
the position of genes, and includes cell fusion, micro encapsulation, macro encapsulation,
gene splicing, and other similar processes. Genetic engineering does not include
traditional selective breeding, conjugation, fermentation, hybridization, in vitro
fertilization, or tissue culture.
E. "Organism " means any living thing, exclusive of human beings and human fetuses.
8.05.040 Prohibitions.
It is unlawful for any person, partnership, corporation, firm or organization of any kind to sell, distribute,
propagate, cultivate, raise or grow seeds, whole plants, or crops of genetically modified organisms in the
City of Point Arena, and any act in violation of this provision is declared to constitute a public nuisance.
8.05.050 Exemptions.
A. Nothing in this Ordinance shall make it unlawful for a person or other legal entity in the
City of Point Arena to purchase, sell or distribute genetically modified human food,
animal feed or other agricultural products that lack the potential to reproduce through
pollination or seed dispersal.
B. Nothing in this Ordinance shall make it unlawful for medical or agricultural research
institutions, laboratories or manufacturing facilities in the City to conduct licensed
medical or agricultural research or medical production involving genetically engineered
organisms whose reproduction in the environment can be physically contained. Any
person or entity seeking to use genetically modified organisms under the exemption shall
provide the City Council with proof that such material is adequately contained to prevent
the escape of genetically engineered organisms from the laboratory environment.
8.05.060 Violation Penalties.
Any person or entity that willfully violates the provisions of this Ordinance shall be guilty of an infraction
for the first offense and may be charged with a misdemeanor for any additional offense in the same year.
8.05.070 Nuisance Remedies.
It is declared that any sale, distribution, propagation, cultivation, raising or growing of crops of
genetically modified organisms is a public nuisance and the City Council may cause proceedings to be
brought to abate or otherwise remedy the nuisance in accordance with Chapter 8.05 of the Point Arena
Municipal Code.
8.05.080 Abatement of Immediate Hazard.
Notwithstanding the nuisance abatement procedure of Chapter 8.05 of the Point Arena Municipal Code, if
the Point Arena City Council determines that the nuisance constitutes an immediate hazard to adjoining or
nearby property or ecosystem, and that great or irreparable injury would result from delay until expiration
of the time required under Chapter 8.05, the City Council may utilize a judicial process to seek an
abatement order.
8.05.090 Severability.
The provisions of this Ordinance are severable. If any provision of this Ordinance or its application is
held invalid, that invalidity shall not affect other provisions or applications that can be given effect
without the invalid provision or application.
8.05.100 Effective Date.
This ordinance will take effect thirty days (30) after the date of its adoption.
Introduced at a regular meeting of the City Council of the City of Point Arena on April 26, 2005, and
Passed and Adopted at a regular meeting of the City Council of the City of Point Arena, Mendocino
County, California, on the 24`h day of May, 2005, by the following vote:
AYES: Councilmembers Ferrari, Smith, Cross, Sinnott, and Dahlhoff
NOES: None
ABSENT: None
s/Leslie Dahlhoff, MAYOR
ATTEST: Fred D. Patten, CITY CLERK
(SEAL)
Mendocino County, CA Code of Ordinances
Page 1 of 1
Attachment #5
CHAPTER 10A.15- PROHIBITION ON THE PROPAGATION, CULTIVATION, RAISING AND GROWING OF
GENETICALLY MODIFIED ORGANISMS IN MENDOCINO COUNTY
Sec. 1 OA. 15.010 - Finding.
The people of Mendocino County wish to protect the County's agriculture, environment, economy,
and private property from genetic pollution by genetically modified organisms. (Measure H -2004,
passed March 2, 2004.)
Sec. 10A.15.020 - Prohibition.
It shall be unlawful for any person, firm, or corporation to propagate, cultivate, raise, or grow
genetically modified organisms in Mendocino County. (Measure H -2004, passed March 2, 2004.)
Sec. 10A.15.030 - Definitions.
(A) "Agricultural Commissioner" means the Agricultural Commissioner of Mendocino County.
(B) "DNA" or "deoxyribonucleic acid" means a complex protein that is present in every cell of an
organism and is the "blueprint" for the organism's development.
(C) "Genetically modified organisms" means specific organisms whose native intrinsic DNA has been
intentionally altered or amended with non - species specific DNA. For purposes of this Chapter,
genetic modification does not include organisms created by traditional breeding or hybridization,
or to microorganisms created by moving genes or gene segments between unrelated bacteria.
(D) "Organism" means any living thing.
(Measure H -2004, passed March 2, 2004.)
Sec. 1 OA. 15.040 - Penalties.
(A) The Agricultural Commissioner shall notify any person, firm, or corporation that may be in
violation of Section 10A.15.020 of this Chapter, that any organisms in violation of this Chapter are
subject to confiscation and destruction.
(B) Any person, firm, or corporation that receives notification under subsection (A) shall have five (5)
days to respond to such notification with evidence that such organisms are not in violation of this
Chapter.
(C) Upon receipt of any evidence under subsection (B), the Agricultural Commissioner shall consider
such evidence and any other evidence that is presented or which is relevant to a determination of
such violation. The Agricultural Commissioner shall make such determination as soon as possible,
but at least before any genetic pollution may occur.
(D) Upon making a determination that a violation of this Chapter exists, the Agricultural
Commissioner shall cause to be confiscated and destroyed any such organisms that are in
violation of this Chapter before any genetic pollution may occur.
(E) If the Agricultural Commissioner determines there has been a violation of this Chapter, in addition
to confiscation and destruction of any organisms that are found to be in violation, the Agricultural
Commissioner shall impose a monetary penalty on the person, firm, or corporation responsible for
the violation, taking into account the amount of damage, any potential damage, and the willfulness
of the person, firm, or corporation.
(Measure H -2004, passed March 2, 2004.)
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