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1997-07-02 Packet
1997, to: In appreclation for over 17 years of dedicated service to the City of Since joining tho City on February 11, 1980, as Building O.O~cial, you have consistently provlded tho building community, and the public at large, with professional, reliable, and steadfast service. Your thorough knowledge of building codes, and your adept skills at interpreting and explaining complex building code provisions to novices and master builders alike are universally known and fully appreciated throughout the building community and tho Ukiah Valley. You came to tho City extremely well qualified to assist in tho safe and orderly development of tho community, having been a General Contractor for I 0 years, and a Supervising Building Inspector for Mendocino County far 7 years, and your performance as Ukiah's Building Official in all these intervening years has been exemplary. You have been fair, honest, courteous, and forthright in your dealings with contractors and builders, and your reputation, respect, and admiration are correspondingly tops among your peers, colleagues, and friends throughout tho region. Clearly, your involvement over the past 17 years in tho review of building plans, tho screening of building permit applications, and in the fleld inspecting of construction projects has made Ukiah a safer place to llve. NOW, Tn~CREFORE, I Sheridan Malone, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Jim Mastin, Kristy Kelly, Phillip Ashiku, and Guada/upe Chavez, and tho people of tho City of Ukiah, do hereby commend you, Cl~f Shepard, for your exemplary commitment to tho citizens of Ukiah, while performing your duties as oar Building Official to the very highest ethical, professional, and dut/~u/standards achievable. Sheridan Malone, Mayor MEETING OF THE UKIAH CITY COUNCIL Regular Meeting - June 18, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:30 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Chavez, Ashiku, Kelly, and Vice Mayor Mastin. Absent: Mayor Malone. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Harris, City Manager Horsley, Public Works Director Kennedy, Planning Director Sawyer, Senior Planner Stump, Executive Assistant Yoast, and City Clerk Henderson. 2. Pledge of Allegiance Councilmember Chavez led the Pledge of Allegiance. 3. Special Order of Business .~ ...... 3a. Environmental Health Department- Jim Harrison -Presentati~h oni!iii~i~'dwooC' ::::::::::::::::::::::::::::::::::::::::::::: E m p i re H a za rd o u s I n c i d e n t Tea m .... ~ Jim Harrison, Emergency Response Specialist, Me:~;'i'no Coun~!iii!~i~!iiii::i~Health Department, Division of Environmental Health, presen..i~ the Co.U~i:J' regarding the background of the Redwood Empire Haza~..us Inci¢..i~'t' Team provided observations and statistics pertinent to haza~:~iSi~ma~!~'rial incident within Mendocino County. :~::::i~iiii!iii!iii?~ii!i~iii?~iiiiii!iiiii!?:~ .... "::::~:~:~:~:~:~ ....... Carol Mordhorst, Director,,Mendocino County Public Healt:~ii?~i~i~!~t!~:..asked the Council to consider funding the City s propodionate share of the ~::minis~{~~[s..of REHIT. The current funding cost is $76,000, approximately $2:5;0~0 of whi~~~verable from responsible padies. The City's storage of REHIT.eq~:l~p~would be :'~'~red an in-kind 4. Approval of Minutes ::~ ~?" ..?:::' "::~?~ 4a. Special Meetinq - jUne 3, 1997::~?:' .... ?~ ....... :'~ MIS Chavez/Kelly to approve tb~?~utes....~?ihe Spe.~:: Meeting of June 3, 1997, as submitted, carried by the following~/~i::"call vot~YES:' G6~'ncilmembers Chavez, Kelly, and Vice Mayor Mastin. NOES;~;No~?~ ABST~¥~?~O~ember Ashiku. ABSENT: Mayor ' :'::~:E:~:E:~:E:~:~:~:E:~:~:E:;:;:E:E::.. · ......... - · :;:;:E:E:E:E:;:~:~:~:E:E:~:;:~:E:;:~::.. ..:.:.:.:.:.:.....:.:,:.:.:.:.:.:.:.:.:.:,:.:.:.:.: MIS Chavez/K~]~~p~.0ve t'~::::~:~~s of the Regular Meeting of June 4, 1997, as submitted, ca:~i~6d~?6~;~6~i]owing i~]~i;~'all vote: AYES: Councilmembers Chavez, Ashiku, and Kelly?~6':Es: N~;~?~6~AIN: ~ice Mayor Mastin. ABSENT: Mayor Malone. 4c ..... ~;Adjourned Regui~i~:M~ting - June 11 1997 .......,..,..... ..... .::::::::::::::::. .::::::::: M.~havez/Kelly to ~'rove the minutes of the Adjourned Regular Meeting of June 11, ~.~s submitted, ~iied by the following roll call vote' AYES: Councilmembers Chavez, ~~.~.~.:~elly, and:~i~e Mayor Mastin. NOES' None. ABSTAIN: None. ABSENT: Mayor 5."::;~?:~~'"To APPEAL DECISION Vice Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR Vice Mayor Mastin announced item 6b, Approve Agreement Between Safeway, Inc., and City of Ukiah for the Conveyance of Land in Exchange for Public Improvements, was being removed from the Consent Calendar. Councilmember Kelly requested the removal, and it then became item 10c. Regular Meeting - June 18, 1997 Page 1 MIS Ashiku/Chavez to approve Consent Calendar items 6a and 6c as follows- a. Disbursements for the Month of May 1997; and c. Received Report on Installation of 24 Minute Parking Spaces on School Street. The motion was carried by the following roll call vote: AYES' Councilmembers Chavez, Ashiku, Kelly, and Vice Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Mayor Malone. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEM-~ No one came forward. As it was not yet 7:00 p.m., the scheduled time for the Public Hearing, item 10a was taken next. 10. NEW BUSINESS ..::!ii::. 10a. Presentation by Ukiah Chamber of Commerce John Bogner, Immediate Past President of the Greater Ukiah Chamber o.:fii~i~!~i~ce, noted the close relationship of the Chamber and the City, the CharieSt..-. bein~ii!~iii~ii..'.c..., relations ..... arm of the City, and the contact point for most people wh01ii~:~t informa~i~ili~iii.:Ukiah Jim Mayfield, President, Greater Ukiah Chamber o~i!ii~ommer~i~i:~::"noted"::~:~i~!i!i~hgiiiiiiiiiiiiii?: contributions of the membership, acknowledged Cham~i~iB.O..ar..di?~embers in and introduced the Chamber's General Manager, Eliz~6~iii~i~a:zil. He mention~:~f::':t'he Chamber is eager to have the Council's input on matters of":i~i~i~i~ii{~::the City. Mr. Mayfield pointed out the Chamber's request for funding from theiiii~'~i~iii~ili~ili~ame as last year's, .$19,.0.00, and outlined the types of services the Cha'~er pr:~i!~i~i~!i:i:i~:~ely' answering ~nqu~nes regarding the community, providing tourism~:::and busirt~::~ii::?!~l~tion support, promoting community events, and economic dev:e!~~i~ .... "::~iiiiiiii iiiiii ii iii? .... Vel Devitt, First Vice President, Greater Ukial~iii~:~mbe~i~ ~~er. ce,::~i~i'nted to the growth of large retail stores in Ukiah and the ..h~d to v~i~(~:~i!ii~!~iii~sinesses while also supporting smaller, long-established .:;~:~ailers..:;iiiiiii~e re~!~!~!~': the need for strong cooperation between the Chamber ~i~ili~e City.,.:~ilili~iiii~:' ..........:iliiiiii:'- :::::::::::::::::::::::::::: ,.:,:.:.:.:. ..,....,.. ============================ ::iS~:E:' .::!:i:i::' ................. ..:.:.:,: · In response to Vice Mayor ' '~::~:~:~ .... ' ':~'~:::::'~ Mastm:~s~quest~ons;~Mr. May[i~j~8 noted the Chamber budget for next year is about $85,000 a0.d..:~..a~iiilPolitical i.~ii~e.m...ei~iiii~y the Chamber would be directed at land use ............ is~.Ues and other;iii~!~!~:~§! of conc~!i!!~ii!.!!~i~;~:i~usinesses, rather than any support of particul:~i!i~idates C°uncilme:~!~ii~ii~inquire'~ili~!~ii!i~e::..upgrading of the Chamber signs on Highway 101 at the approa~:~!~iii?i~!e:..City. M~iiiiii~f:i81d noted a Chamber committee was working on improving and u.p.::~i~!i!~iSigns. ¢~ii~ii~:ary designs have been completed, commitments have been..~!~;~ili~ii~!~ilmateria:i~?i~' and currently the Chamber was facilitating contact with prop~:y owners r~:'~i!~i~i!~ign locations .-....,..... .:.:.:.:.:, ====================== 8. ..::iiii?i?PUBLIC HEARINGi-'~:iT?00 P.M, 8a~?~iiiiiiiiili' .......... ......... Adoption of Reseibtion......... Approving Negative Declaration; Adoption of Resolution .~!ii?iiiiiiiiiiiii!?i!i:. Amendinq the~i!C:ity ..... ...... General Plan Land Use Map to Redesiqnate 49 Parcels of ~iiiiiiiiiiiiiiiiiiii?:: Land; Introdb:Sfion of Ordinance Rezoninq the Parcels ~i~i~i~'~i~i.~':'~i~i'mp noted this General Plan Land Use Map Amendment and Rezoning P~!!!i~ii~iii~:~'ult of decisions made by the City Council during the 1996-97 General Plan City-Wide Rezoning Program. At that time, the Council provided direction to staff regarding appropriate land use designations and zoning classifications for 48 parcels. The action proposed formalizes and finalizes that direction. The forty-ninth parcel included in this rezoning was proposed for rezoning by the property owner, Charles Ruelle. The Planning Commission has recommended the rezoning of all parcels. Vice Mayor Mastin opened the Public Hearing at 7:08 p.m. No one wished to address this matter. The Public Hearing was closed at 7:09 p.m. Regular Meeting - June 18, 1997 Page 2 MIS Kelly/Ashiku to adopt Resolution No. 97-80 Adopting a Negative Declaration of Environmental Impact for General Plan Amendment and Rezoning Project 97-16, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Vice Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Mayor Malone. MIS Ashiku/Chavez to adopt Resolution No. 97-81 Amending the City General Plan, carried by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Vice Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Mayor Malone. MIS Ashiku/Chavez to introduce the Ordinance Amending the Official Zoning Map for the City of Ukiah, California, by title only, carried by a voice vote of all AYE. ABSENT: Mayor Malone. City Clerk Henderson read the Ordinance by title only. MIS Chavez/Kelly to introduce the Ordinance Amending the Official Zoning Map for .t.h.".:~. City of Ukiah, California, carried by the following roll call vote: AYES: Counciln~embers.~::i~:'avez, Ashiku, Kelly, and Vice Mayor Mastin. NOES: None. ABSTAIN: None.;~ii!ii~BsE~:: Mayor Malone. . ga. Continuation of Budget Goal,~ City Manager Horsley noted, due to time constraints, present their goals and objectives to the Council at the ':~~ ~.'o...al Setting Works'~:~:'i~ of June 3, 1997. Those departments were presenting their g~i~iiii~ii~is.:time Planning Director Sawyer outlined the accomplishme:~is of hi~ii~!~i~nt over the past year. He noted the completion of the city-wid~ii!ii!i~ezoning P:~:~!!iiiiiiii~eneral Plan implementation 'measures, comprehensive ?dS~i.;.~iiiii~Uidelinesi%ii~iii~?~irport Master Plan/Airport Land Use Plan, and the modificat]i~i~i~?~iii~i~i~ance of::t~i~:'Airport Industrial Park Planned Development Ordinance .a~ng th~ii?~i~!~ii~hm~!~ts of the Planning Department. Future objectives of the Depa~!~ent incf~'e C:~i~i~i~ili~' implement the Ukiah Valley General Plan, using in-house..::~t.~:~ for sp.e~ia ized ~::i!!~:~-ojects, working towards approval and adoption of the Llkiah M~:ii!~ Gene~i~"Plan by t~ Mendocino County Board of Supervisors, and consolidating the.:~i~i~i~!i~i:i:~ns of.:::ii~ilding O:[~!~:ial, Plans Examiner, and Code Enforcement Officer into one posi!t:i!~:n, as pr~i~usly ap~!~ved by the Council. City Manag~!~iHorsley exP[~i~Si Personn~!i~i~ ~:'nagement activities were outlined in the packe~iiiii~!i~!iiii?descri'~i:i~!!i~i~Sition act:i~iiiii~:':'was included. Executive A~i~i!~!~!i~o.ast liS:~ii~!i!i!~.~tallation of the new phone system, reorganization of the reception::~i~8:~ili!~!h!~::related~ii~!~!~!~!~:~ duties, and the tempora priori of City Clerk duties..:.:a:~!ii~i~iiiOf the ~;~plishments of ry assure the Secretarial Pool for 1996-97. Objectives::~f~8~?i:i~e cC~i!~i!~iihclude I~'ecoming proficient on the document imaging system, ..:.::::::::.' :...:::. ========================================= scanni.ggi:i:Planning Com~:!~:!~i~i:ii~nd Ukiah Redevelopment Agency agendas and minutes, purch~ii~:i'ng three new co:~:~:i:&~::i and Internet proficiency for the secretarial staff. ....... .::::::::: Ci~ii~lerk Henderson n:~!~d accomplishments within her department, both before and after h;~ii~?: pointment to tb.~i?Position, and emphasized the goal of completing a major records diSi~t.'~.tion progra~?i~ that the Conference Rooms which are now laden with boxes of ~!~:ii~:ecords?~::'be returned to use as Conference Rooms. She noted the importance d!f-"ili~i~i~!ii~!~i~uncil Chamber's recording equipment. 10b. Adoption of Resolution Establishing a Temporary Air Quality Mitigation Policy for Development Projects This item had been pulled from the agenda by staff. City Manager Horsley noted the issue would be brought before the Council for discussion in the near future. Councilmember Kelly commented the public should realize the City is working under the strict legal guidelines of the California Environmental Quality Act on a matter such as this. Regular Meeting - June 18, 1997 Page 3 10c. Approve Agreement Between Safeway, Inc., and City of Ukiah for thc Conveyance of Land in Exchange for Public Improvement.- Councilmember Kelly stated she had requested this item be pulled from the Consent Calendar (item Cb) because of her concern the language of the agreement would allow the City Manager to sign the agreement with Safeway prior to any review or approval of the project by the Planning Commission or the Council. She was agreeable to approving the land conveyance in concept, but wanted to review the project in its entirety before finalizing any agreements. A motion by Councilmember Kelly to approve the agreement in concept, to communicate that to Safeway and to bring the matter back to the Council for final action once the entire project has been approved by the Planning Commission, was not considered due to lack of a second. Councilmember Kelly's concerns were the Council would be preempting the deliberations of the Planning Commission and the Council should not approve signature of an agreement which could be unilaterally changed by the other party thereto ..... ;.:.:.:.:.:.:.. Public Works Director Kennedy provided a plot map of the subject pa.~Sl..an.d..i;i~;ained the land conveyance area to the Council. He noted the land cor~:veyance.:~i~!i~ii¢~::beneficial City Manager Horsley noted a contingency of when to'ii ~i~te the a.g~i~:~!~!i!~i~!!ii:be a condition of approval. She did not anticipate any major ~nges Planning Director Sawyer saw no problem with this ~"'"g~proval. If the P'i~'g Commission does not approve the project, Safeway will ~ ~~:he agreement. MIS Ashiku/Chavez to approve in concept the Agreem~::"Bet~~B~ay' Inc., and the City of Ukiah for the Conveyance of Land in Exchange:~:for but not to finalize the agreement until the project has been.a~~a~by the P'i:~~'0mmission or the City Council. The motion carried by the AY~?Councilmembers Chavez, Ashiku, Kelly, and Vice Mayor Mas~?:'~'OES~ ~A:.BS. Ai ;None. ABSENT: Mayor Malone. .::/? ..... ../:? .... 11. CITY COUNCIL/REPORTS ..::~/ ~:;'' ..::~ ? .... ;~ ? .................. Councilmember Chavez repoded~::e had at(~ded a m~ing of the Main Street Board of Directors and a Ukiah Valle?~Sa~i~ation DiS{~i~(~meeti~:~'' City Manager Horsley noted the Ukiah Valle~;;~anitation Dist;~{~bld be m~i~ with the Council for review of their common.~b~On duly-:~ ~:~ ~qor to th'~;~;~:i~'r City Council meeting. Councilm;:~~iku reP:~;~~ ~'e.t w th Jennifer Puser of Assembl~oman Strom- Madin's office ~~ilmembe:~ii~?~arding possible legislative remedies to ease the financial reper, cu~;{;i~8~eregula'(iC:.~;~;;b:f the Electric Utility Industw. ...... Counci.~8:~ber Kelly ~~::.Senator Thompson's office was sponsoring a reception for the~;~;]~997 California Ad~S~:'~i~:~s from Mendocino County on June 22, 1997, here at the Civ.i~;~Center. Vice MaY~r 'Mastin agreed to attend on behalf of the City Council. The p(~ed ads and recreation center has been officially named the Ukiah Valley Cultural and ~ation Center. S~:' ...... ...... attended a meeting for the planning of Obse~ato~ Park, noted ~~i:~or Shoem~:~?::had met with the County's legislative advocacy staff in Sacramento ¢.................. ......,.... , .:.:.:~.:...: :- , :;ega:~d:l~g:::..the.....C~t~s' Electnc Ubhty deregulation concerns, and also noted a citizen's ~~;~:~ ~i~;~' making a presentation to the Council regarding the landscaping for the Vice Mayor Mastin announced the acquisition of a trolley by the Mendocino Transit Authority. It will be used around the County for charters. The operators of the Skunk Train have made a bid to take over the operation of the Northwestern Pacific Railroad. Congressman Riggs' office has been contacted regarding energy matters and deregulation concerns. 12. CITY MANAGER/DEPARTMENT HEAD REPORTS City Manager Horsley mentioned the cities of Fort Bragg and Willits will both be considering the Mendocino Solid Waste Management Authority (MSWMA) covenant in the next few weeks. If they do not agree to be a party to it, the Transfer Station may not come about. Regular Meeting - June 18, 1997 Page 4 She had a productive meeting with Dennis Wilson and K.C. Meadows of the Ukiah Daily Journal Councilmember Kelly noted that MSWMA had been successful in its lawsuit regarding the location of the Transfer Station on North State Street near the Forks. 13. CLOSED SESSION There was no Closed Session. 14. ADJOURNMENT City Manager Horsley inquired as to the Council's scheduling preference for the Budget Session. It was the consensus of Council to review the larger, more complex departments early in the process. At 7:53 p.m., Vice Mayor Mastin adjourned the meeting to the Budget Se:..S...:.sion o..f..~:~i~i~ 25, 1997. ..::~i~:.. .::!iiiii'iii'i'i'!ii iiiiiii~iiii!ii? .... Colleen B. i!~nderson!?~:i'ty ~er~:iii!iiiiii!ii!i!!!ii!iiii!!!!iiiiiiiii~i~i~!:~i?ii::!i~??iii!?' Regular Meeting - June 18, 1997 Page 5 ITEM NO. 6a. DATE' JULY 2, 1997 AGENDA SUMMARY REPORT SUBJECT: DENIAL OF CLAIM FOR DAMAGES RECEIVED FROM HALl L. KING-KOOZER; AND REFER TO CITY INSURANCE CARRIER, REMIF The claim from Hali L. King-Koozer was received by the City of Ukiah on June 16, 1997 and alleges damages related to a tree branch falling and hitting a vehicle on June 4, 1997. Pursuant to City policy it is recommended the City Council deny the claim as stated and refer it to Redwood Empire Municipal Insurance Fund (REMIF), the City of Ukiah's insurance carrier. RECOMMENDED ACTION' Deny Claim for Damages received from Hali L. King-Koozer; and Refer it to REMIF, the City's Insurance Carrier. ALTERNATIVE COUNCIL POLICY OPTIONS' Alternative action not advised by the City's Risk Manager. Acct. No. (if NOT budgeted): N/A Acct. No.' N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Claim of Hali L. King~Koozer, pages 1-5. APPROVED' mfh:asrcc97 0416CLAIM C'andace Horsley, City~anager NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title 1, of the Government Code of the State of California, byrthe claimant or by a person acting on his/her behalf. CITY OF UKIAH RETURN TO: i · · · · City Clerk's Office City of Ukiah 300 Seminary Avenue Ukiah, California 95482 CITY CLERK . CLAIMANT ' S NAME: · CLAIMANT'S ADDRESS: N~mber/Street and Post Office Box City State Home Phone Number Zip Code Work Phone Number NAME AND ADDRESS OF CLAIM SHOULD BE .SENT PERSON TO WHOM NOTICES REGARDING THIS (if different than above): DATE OF THE ACCIDENT OR OCCURRENCE: .~L~r~_. PLACE OF THE ACCIDENT OR OCCURRENCE: q /gq? GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional pages if more space is needed): t-(,t.. CA{,-,,~',,<. c~ut-lLt~:, 6'4~4 5~ (~ ,~ ~. t2-f.C cf 1~7,.. ,I,: ~0~!t- '~':5' ~t (' 1, · NAMES, IF KNOWN, OF ANY PUBLIC EMPLOYEES CAUSING THE INJURY OR LOSS: · · NAMES AND ADDRESSES OF WITNESSES (optional): NAME ADDRESS B. locii1~/%,' , ~. .¢~c&¢.,,"'/_._~ TELEPHONE q~',~ .- NAMES AND ADDRESSES OF DOCTORS/HOSPITALS WHERE TREATED: A® NAME ADDRESS TELEPHONE 10. GENERAL DESCRIPTION OF THE LOSS, INJURY, OR DAMAGE SUFFERED: 11. 12. TOTAL AMOUNT CLAIMED: THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for: General damages Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective. general damages: The claim shall be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. {./ ' ' (> Received in city Clerk's Office this /~ day of 19~7. NOTE: This form of claim is for your convenience only, and any other type of form may be used if desired, so long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, we suggest that you seek legal counseling of your choice. 3:FORM~CLAIM Rev: 3110195 0 0 ~r '0,-~/1D/9'7 at (])7:43 AD]_d0082 D.R. 28124-0000967 Est: R. LA RUE EUROPEAN AUTO WERKS/UKIAH BODY SHOP. TAX # 680238917 310 MASON STREET UKIAH, CA 95482- (707) 468-9375 Owner: HALI KINGKOOZER Address: 1518 MONROE ST UKIAH CA 95482 Day Phone: (707) 468-8684- 'Other Ph: ( ) - - Deductible: $ 0.00 Insurance Co.: Claim No.: Adj.: Phone: 93 MAZD MPV 4X2 WAGON 2D VAN WHITE 6-3.0L-FI Vin: JM3LV5229P0509905 License: 2FEZ415 CA Prod Date: 12/92 Odometer: 71053 Power steering Tinted glass Rear defogger Anti-lock brakes (2) Clear coat paint Power brakes Body side moldings Tilt wheel Bucket seats Power mirrors Dual mirrors Rear window wiper Recline/lounge seats NO. OP. DESCRIPTION OF DAMAGE QTY PART COST LABOR PAINT MISC 1 2* 3 4 5 6* 7* ROOF Repr Roof panel Add for Clear Coat COWL & WINDSHIELD R&I Reveal molding upper COVER VEHICLE HAZARDOUS WASTE 3.0 2.5 1.0 0.3 X 10.00 X 3.00 Subtotals 0.00 3.3 3.5 13.00 Page: 1 AD!60082 Est: R. LA RUE EUROPEAN AUTO WERKS/UKIAH BODY SHOP. TAX # 680238917 310 MASON STREET UKIAH, CA 95482- (707) 468-9375 Parts Body Labor Paint Labor Paint/Materials Sublet/Misc 3.3 units @ $48.00 3.5 units @ $48.00 3.5 units @ $22.00 0.00 158.40 168.00 77.00 13.00 SUBTOTAL $ 416.40 Tax on $ 77.00 at 7.2500% 5.58 GRAND TOTAL $ 421.98 Estimate based on MOTOR CRASH ESTIMATING GUIDE. Non-asterisk(*) items are derived from the Guide IRH5420. Database Date 3/97 Double asterisk(**) items indicate part supplied by a supplier other than the original equipment manufacturer. CAPA items have been certified for fit and finish by the Certified Auto Parts Association. EZEst - A product of CCC Information Services Inc. Page: 2 ITEM NO. 6b DATE: JULY 2, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF RENEWAL OF AIRPORT LAND LEASES WITH THE FEDERAL AVIATION ADMINISTRATION The operation of the Airport encompasses many joint activities with the Federal Aviation Administration. Three current leases at the Airport expire on September 30, 1997. New one year leases would allow the FAA to IocateaLocalizeronRunway 15 (per Lease No. DTFA08-97-L-1 7640/LOC, Rwy 15), Runway End Identifier Lights (per Lease No. DTFA08-97-L-17641/CHI & RRH), and a Visual Approach Slope Indicator on Runway 15 (per Lease No. DTFAO8-97-17643/VASI, Rwy 15). The City of Ukiah receives no monetary consideration for these leases, but obviously receives considerable benefit from the installations. Staff recommends that City Council approve the leases. RECOMMENDED ACTION: The City Council approve the leases as submitted and authorize the City Manager to sign the leases. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Colleen B. Henderson, City Clerk Coordinated with: Candace Horsley, City Manager Don Bua, Airport Manager Larry DeKnoblough, Director of Community Services Attachments: 1. Letter from Federal Aviation Administration Candace Horsley dated May 30, 1997 2. Proposed FAA Airport Land Leases tO Candace Horsley, City I~ana R :l \AIRPO R'F: kk AREIL.2 ger U.S. Del3artmenf of Transportation Federal Aviation Administration Western-Pacific Region P. O. Box 92007 Worldway Postal Center Los Angeles, CA 90009 May 30, 1997 Ms. Candice Horsley City of Ukiah 300 Seminary Ave. Ukiah, CA 95482-5400 Re: Lease No. DTFA08-97-L-17640/LOC, Rwy 15 Lease No. DTFA08-97-L-17641/CHI & RRH Lease No. DTFA08-97-L-17643/VASI, Rwy 15 Dear Ms. Horsley: Enclosed are four copies each of the above-mentioned leases between the Federal Aviation Administration (FAA) and the City of Ukiah. These leases replace Leases No. DOT-FA77WE-4134, DOT-FA77WE-4156 and DOT-FA77WE-4066 respectively which expire by their own terms September 30, 1997. Please review these leases and if they are acceptable, have an authorized official sign all copies and return to this office; together with evidence of authority, such as a certified copy of the resolution authorizing signature by the party signing on behalf of the City of Ukiah. A fully executed copy will be returned to you. If you have any questions, please do not hesitate to call me at (310) 725-7572. Thank you so much for your time and consideration in this matter. Sincerely, Tammy C. R[ddick Realty Specialist Real Estate & Utilities Team, AWP-54B Enclosures FEDERAL AVIATION ADMINISTRATION U.S. Department of Transportation Lease No.: Facility: DTFA08-97-L-17640 LOCALIZER, RWY 15 Ukiah Municipal Airport Ukiah, California. LEASE Between CITY OF UKIAH "" .- and THE UNITED STATES OF AMERICA This Lease, made and entered into this by and between City of Ukiah who address is: 300 Seminary Avenue Ukiah, California 95482-5400 day of in the year for itself and its successors, and assigns hereinafter referred to as Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mehtioned covenant and agree as follows: 1. PREMISES The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz.: See Legal Description on Page 2. Federal Aviation Administration Page 1 ., Lease No.: DTFA08-97-L- 17640 LEGAL DESCRIPTION LOCALIZER, RUNWAY 15 UKIAH MUNICIPAL AIRPORT UKIAH, CALIFORNIA LOCALIZER SHELTER Beginning at a point on runway centerline at the South end of Rtmway 15/33, said point, being also known as the Displaced Threshold of Runway 33, Ukiah Municipal Airport, Ukiah, California, proceed N 78° 21' 42" East, perpendicular to said runway, a distance of 225 feet to a point; thence S 11 ° 38' 18" East along the centerline extended of said Runway a distance of 875 feet to the Point of Beginning; thence N 78° 21' 42" East a distance of 50 feet; thence S 11 o 38' 18" East a distance of 50 feet; thence S 78° 21' 42" West a distance of 50 feet; thence N 11 o 38' 18" West a distance of 50 feet to the Tree Point of Beginning. This parcel contains 0.057 acres, more or less. LOCALIZER ANTENNA Beginning at a point on runway centerline at the South end of runway 15/33, said point, being also known as the Displaced Threshold of Runway 33, Ukiah Municipal Airport, Ukiah, California, thence S 11 o 38' 18" East along the centerline extended of said runway a distance of 887.5 feet to the Tree Point of beginning, thence N 78° 21' 42" East a distance of 37.5 feet; thence S 11© 38' 18" East a distance of 25 feet; thence S 78° 21' 42" West a distance of 75 feet; thence N 11 o 38' 18" West a distance of 25 feet; thence N 78° 21' 42" East a distance of 37.5 feet to the Tree Point of Beginning. This parcel contains 0.04 acres, more or less. Federal Aviation Administration Page 2 ,. Lease No.: DTFA08-97-L-17640 (a) Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most convenient to the Government. ' "' (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety.(90) days thereafierl by or on behalf of the .Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. TERM For the term beginning October 1, 1977 and ending September 30, 1998 This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day of September 2012. 3. CONSIDERATION The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. ...r 4. NON-RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the Federal Aviation Administration Page 3 " · Lease No.: DTFA08-97-L- 17640 property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 5. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. 6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES ,, The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease during its t~erm or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the Lessor, except, when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government,' funding responsibility shall be determined by the Government. 7. HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 8. QUIET ENJOYMENT The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. Federal Aviation Administration Page Lease No.: , DTFA08-97-L-17640 9. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. ' "' 10. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 11. ANTI-KICKBACK The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 12. PROTEST AND DISPUTES All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration(FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this contract dispute by the contractor agaihst the government shall be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. Federal Aviation Administration Page 5 Lease No.: DTFA08-97-L- 17640 13. LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 14. NOTICES All notices/correspondence shall be in writing, and shall be'addressed as follows (or to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: ., City of Ukiah 300 Seminary Avenue Ukiah, Califomia 95482-5400 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Real Estate & Utilities Team, AWP-54B P.O. Box 92007, World Way Postal Center Los Angeles, CA 90009-2007 15. The following are attached and made a part hereof: Exhibit "A" - Localizer Lease Plot; Exhibit "B" - Critical Area for ILS Localizer. 16. The following changes were made in this lease prior to its execution: None. Federal Aviation Administration Page 6 Lease No.: DTFA08-97-L- 17640 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR:· . ... Title:~ ~..x_-..~ " THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Title: Contracting Officer, Real Estate & Utilities Team, AWP-54B Date: Federal Aviation Administration Page ~iV D- -O F. ' f:'A VE"/vl E A,/ ~. ' ' .. /! DISPLACED I ,~,~ ES ¼'OLD ,'V 78° 2/' 4,2" E · ?- ~...5 ' 0 ~'~ ~ 0 ~0 ~L 0 o FEDERAL AVIATION ADMINISTRATION U.S. Department of Transportation Lease No.: Facility: DTFA08-97-L-17641 CHI and RRH Ukiah Municipal Airport Ukiah, California. LEASE Between CITY OF UKIAH ~'" and THE UNITED STATES OF AMERICA This Lease, made and entered into this by and between City of Ukiah who address is: 300 Seminary Avenue Ukiah, Califomia 95482-5400 day of in the year for itself and its successors, and assigns hereinafter referred to as Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mehtioned covenant and agree as follows: 1. PREMISES The Lessor hereby leases to the Govermnent the following described property, hereinafter referred to as the premises, viz.: See Legal Description On Page 2. Federal Aviation Administration Page 1 ,. Lease No.: DTFA08-97-L-17641 LEGAL DESCRIPTION CHI & RRH UKIAH MUNICIPAL AIRPORT UKIAH, CALIFORNIA That portion of l~d on the Ukiah Municipal Airport, County of Mendocino, State of California, shown on Exhibit "A" and described as follows: " Commencing at C.H.C. Monument at Station 668+83.74 B.C., thence S 71.° 21' 06" East 1170.16 feet to the True Point of Beginning, thence N 78° 34' 28" East 30.00 feet, thence S 11 ° 25' 32" East 60.00 feet, thence S 78° 34' 28':' West 30.00 feet, thence N 11 ° 25' 32",West 60.00 feet to the True Point of Beginning. . . This parcel contains 0.0414 acres more or less. Federal Aviation Administration Page 2 : Lease No.: DTFA08-97-L-17641 (a) Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonab!y... determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding .. the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed' in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety,(90) days thereafter, by or on behalf of the Dovernment, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. TERM For the term beginning October 1, 1997 and ending September 30, 1998. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day of September 2017. 3. CONSIDERATION The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. 4. NON-RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Govenm~ent may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the Federal Aviation Administration Page 3 : Lease No.: DTFA08-97-L-17641 property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 5. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. 6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES ., The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the Lessor, except, when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. 7. HAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 8. QUIET ENJOYMENT The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. 9. OFFICIALS NOT TO BENEFIT Federal Aviation Administration Page · Lease No.: DTFA08-97-L-17641 No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. 10. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideratioh, or otherwise recover the full amount of the contingent fee. 11. ANTI-KICKBACK The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 12. PROTEST AND DISPUTES All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this contract dispute by the contractor against the g6vernment shall be submitted to the Contracting Officer within 1 year after the accrfial of the contract dispute. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. 13. LESSOR'S SUCCESSORS Federal Aviation A~iministration Page Lease No.' DTFA08-97-L-17641 The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. 14. NOTICES All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as either party may designate from time to time'by notice or correspondenCe to the other): TO LESSOR: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 TO GOVERNMENT: Department of TransportatiOn Federal Aviation Administration Real Estate & Utilities Team., AWP-54B P.O. Box 92007, World Way Postal Center Los Angeles, CA 90009-2007 15. The following are attached and made a part hereof: Exhibit "A" - Plat Map. 16. The following changes were made in this lease prior to its execution: None. Federal Aviation Administration Page Lease DTFA08-97-L- 17641 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Title: Contracting Officer, Real Estate & Utilities Team, AWP-54B Date: Federal Aviation Administration Page o, ,, FEDERAL AVIATION ADMINISTRATION U.S. Department, of Transportation Lease No.: Facility: DTFA08-97-L-17643 VASI, Runway 15 Ukiah Municipal Airport Ukiah, California, LEASE Between CITY OF UKIAH '"' and THE UNITED STATES OF AMERICA This Lease, made and entered into this by and between City of Ukiah day of in the year who address is: 300 Seminary Ave. Ukiah, California 95482-5400 for itself and its successors, and assigns hereinafter referred to as Lessor and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mefitioned covenant and agree as follows: 1. PREMISES The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz.: See Legal Description on Page 2. Federal Aviation Administration Page 1 ~ · Lease No.: DTFA08-97-L-17643 LEGAL DESCRIPTION VISUAL APPROACH SLOPE INDICATOR (VASI) RUNWAY 15 UKIAH, CALIFORNIA Downwind VASI Beginning at a point 220 feet South of the displaced threshold located on the centerline of Runway 15, proceed 115 feet East on a line perpendicular to the runway centerline. This point establishes the Northwest corner of a rectangular segment 50 feet East by 20 feet South with sides perpendicular and parallel to the runway centerline to be leased for the downwind VASI Unit and VASI control. This plot contains 0.023 acres more or less. Upwind VASI .. Beginning at a point 720 feet South of the displaced threshold located on the centerline of Runway 15, proceed 115 feet East on a line perpendicular to the runway centerline. This point establishes the Northwest comer of a rectangular segment 50 feet East by 20 feet South with sides perpendicular and parallel to the runway centerline to be leased for the Upwind VASI unit. This plot contains 0.023 acres more or less. Federal Aviation ASministration Page 2 ~ Lease No.: DTFA08-97-L-17643 (a) Together with a right-of-way for ingress to and egress from the premises; a right-of- way for establishing and maintaining a pole line or pole lines for extending electric power and/or telecommunication lines to the premises; and a right-of-way for subsurface power, communication and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonab!y... determined to be the most convenient to the Government. (b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of Government facilities. (c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Dovemment, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. TEIDvl For the term beginning October 1, 1997 and ending September 30, 1998. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED, that no renewal shall extend this lease beyond the 30th day of September 2012. 3. CONSIDERATION The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in its establishment, operation and maintenance of facilities upon the premises hereby leased. 4. NON-RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is the subject matter of this lease. It is further agreed that the Govenunent may abandon in place any or all of the structures and equipment installed in or located upon said property by the Government during its tenure. Such abandoned equipment shall become the Federal Aviation Administration Page 3 Lease No.: DTFA08-97-L- 17643 property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. 5. INTERFERENCE WITH GOVERNMENT OPERATIONS The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities installed by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in writing. 6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities covered by this.Lease during its term or any renewal thereof made necessary by airport improvements or changes which in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will be at the expense of the Lessor, except, when such improvements or changes are made at the written request of the Government. In the event such relocations, replacements, or modifications are necessitated due to causes not attributable to either the Lessor or the Government, 'funding responsibility shall be determined by the Government. 7. ttAZARDOUS SUBSTANCE CONTAMINATION The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the Government's facilities. The Lessor agrees to remediate, at its sole cost, any and all other hazardous substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. 8. QUIET ENJOYMENT The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims. Federal Aviation Administration Page Lease No.: DTFA08-97-L- 17643 9. OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. ' "' 10. COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of the contingent fee. 11. ANTI-KICKBACK The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. 12. PROTEST AND DISPUTES All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will. be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their adnfinistrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably have been' aware, or should reasonably have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this contract dispute by the contractor against the government shall be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute. Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon request. Federal Aviation Administration Page Lease No.: DTFA08-97-L-17643 13. LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's successors and assigns. 14. NOTICES All notices/correspondence shall be in writing, and shall be' addressed as follows (or-to such other address as either party may designate from time to time by notice or correspondence to the other): TO LESSOR: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 TO GOVERNMENT: Department of Transportation Federal Aviation Administration Real Estate & Utilities Team, AWP-54B P.O. Box 92007, World Way Postal Center Los Angeles, CA 90009-2007 15. The following are attached and made a part hereof: Exhibit "A" - VASI Lease Description sketch, dated 11/9/76. 16. The following changes were made in this lease prior to its execution: None. Federal Aviation Administration Page 6 '- Lease No.: DTFA08-97-L-17643 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: Title: ~ ~__ THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION By: Title: Contracting Officer, Real Estate & Utilities Team, AWP-54B Date: Federal Aviation Administration Page '7 J· PREPARED BY I~ I L..L I &AI~I SUBJECT CHECKED BY FAA Form 6000-,'1. (4-731 FORMERLY FAA F-ORM 2067 DATE IVOV. 9, ~97~ UKIA~ I"IUNICIPAL AIi~?Ot~'T' FILE NO. UKIAH, C. AL. I FOR. NIA RUNWAY 15, VAS/-/-/ L.~,~.SE D.~.3'C.I~I PT'I(1N SHEET CALCULATION SHEET OF SHEET ITEM NO. 6c DATE: July 2, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT RENEWAL OF DISPATCH AGREEMENT WITH THE CITY OF FORT BRAGG, AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT DOCUMENT The City of Fort Bragg originally contracted for dispatch services with the City of Ukiah Police Department in November 1992. Since that time, additional contracts have been agreed upon between the two agencies for dispatch services, and this year a fourth addendum is being brought to the Council for approval. Additional language in this addendum includes a 60-day wdtten notification of termination by either party, as Fort Bragg may be considering other contract services during the year· Staff is requesting the Council approve this Dispatch Agreement for the 1997-98 fiscal year. RECOMMENDED ACTION: Council approve renewal of Contract for Dispatch Services with the City of Fort Bragg, and authorize City Manager to execute Agreement document. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council determine additional amendments are necessary prior to contract execution· Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Attachments: Acct. No.' (if budgeted) Fort Bragg Candace Horsley, City Manager · 2. 3. 4. 5. Original Contract. First Contract Addendum Second Contract Addendum Third Contract Addendum Fourth Contract Addendum, for Approval 4/Can. ASRFBrag Oan~ac~ Horsley,-City~anager DISPATCH AGREEMENT THIS AGREEMENT is made and entered into on September 28 , 1992 by and between the CITY OF FORT BRAGG, hereinafter referred to as "FORT BRAGG", and the CITY OF UKIAH, hereinafter referred to as "UKIAH", and is made with reference to the following facts: 1. FORT BRAGG has determined to terminate its dispatch November 1, 1992 facility, effective~-~-~;C~) 2. UKIAH has agreed to assume o~erational control of dispatching services for the Fort Bragg Police Department, beginning on said date; November 1, 1992~ 3. That beginning on said date of~)~t~q~-q~ all dispatch operations of the Fort Bragg Police Department shall be assumed by the Ukiah Police Department; NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO, AS FOLLOWS:November 1, 1992,~ 1. Beginning-October-~r-199~, the ukiah Police Department shall, by virtue of this Agreement, assume all dispatching operations of the Fort Bragg Police Department. 2. In consideration of said service,. FORT BRAGGNovemberShalll, ~2 UKIAH the sum of $6,500.00 per month, beginning and ending when said contract is renewed, on June 30, 1993. Any increase in said fee shall be based only upon a demonstrable increase in the workload resulting in a need for additional personnel, or direct personnel costs (increases in compensation to personnel providing dispatch services to Fort Bragg). 3. In connection with said Agreement FORT BRAGG will furnish all equipment necessary to carry out the terms of this Agreement, including the "old" radio console previously delivered to Ukiah by Mastersons. Further, FORT BRAGG will pay for two (2) leased telephone lines between UKIAH and FORT BRAGG (the current rate for these lines is $249.07 per month each), and an s: \u\agrmt ws\f tbragg FIRST ADDENDUM DISPATCH AGREEMENT THIS AGREEMENT AND FIRST ADDENDUM is entered into this 7th day of July , 1993, by and between the City of Fort Bragg, hereinafter referred to as "Fort Bragg" and City of Ukiah, hereinafter referred to as "Ukiah." Fort Bragg and Ukiah hereby agree as follows: 1. Page 1, Paragraph 2 under "NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO, AS FOLLOWS:" is hereby amended to read as follows: "2. In consideration of said service, FORT BRAGG shall pay UKIAH the sum of $6,500 per month, beginning July 1, 1993 and ending when said contract is renewed, on June 30, 1994. Any increase in said fee shall be based only upon a demonstrable increase in the workload resulting in a need for additional personnel, or direct personnel costs (increases in compensation to personnel prOviding dispatch services to Fort Bragg)." 2. Except as expressly amended herein, the Dispatch Agreement, between Fort Bragg and Ukiah dated September 28, 1992 is hereby reaffirmed. IN WITNESS WHEREOF, the parties have executed this Agreement pursuant to Council approval at their meeting of May 24, 1993. ~ITY OF FORT BRAGG: City Administrator ATTEST: , n DeeLynn RU Carpenter, CMC C it y.~ '~T~mas e. ~onergan, City Attorney CITY OF UKIAH: Mayo~/ / City Cl~rk SECOND ADDENDUM DISPATCH AGREEMENT THIS AGREEMENT AND FIRST ADDENDUM is entered into this day of May, 1995, by and between the City of Fort Bragg, herein- after referred to as "Fort Bragg" and City of Ukiah, hereinafter referred to as "Ukiah." Fort Bragg and Ukiah hereby agree as follows: 1. That Certain First Addendum to the Agreement is hereby repealed in its entirety and shall no longer be of any force or effect. 2. Page 1, Paragraph 2 under "NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO, AS FOLLOWS:" is hereby amended to read as follows: "2. In consideration of said service, FORT BRAGG shall pay UKIAH the sum of $8,833.34 per month, beginning July 1, 1994 and ending when said contract is renewed, on June 30, 1996. Any increase in said fee shall be based only upon a demonstrable increase in the workload resulting in a need for additional personnel, or direct personnel costs (increases in compensation to personnel providing dispatch services to Fort Bragg)." 3. Except as expressly amended herein, the Dispatch Agreement, II II II II II II II II between Fort Bragg and Ukiah dated September 28, 1992 is hereby reaffirmed. IN WITNESS WHEREOF, the parties have executed this Agreement THIRD ADDENDUM DISPATCH AGREEMENT THIS AGREEMENT AND THIRD ADDENDUM is entered into this ~ n~ day of July, 1996, by and between the City of Fort Bragg, hereinafter referred to as "Fort Bragg" and the City of Ukiah, hereinafter referred to as "Ukiah". , , . Fort Bragg and Ukiah hereby agree as follows: That Cedain Second Addendum to the Agreement is hereby repealed in its entirety and shall no longer be of any force or effect. Page 1, Paragraph 2 under "NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO, AS FOLLOWS:" is hereby amended to read as follows: "2. In consideration of said service, FORT BRAGG shall pay UKIAH the sum of $9,250.00 per month, beginning July 1, 1996 and ending when said contract is renewed, on June 30, 1997. Any increase in said fee shall be based only upon a demonstrable increase in the workload resulting in a need for additional personnel, or direct personnel costs (increases in compensation to personnel providing dispatch services to Fort Bragg)." Except as expressly amended herein, the Dispatch Agreement, between Fort Bragg and Ukiah dated September 28, 1992 is hereby reaffirmed. IN WITNESS WHEREOF, the parties have executed this Agreement pursuant to Council approval at their meeting of July ~ ~, 1996. 7~Y OF FORT BRAGG: GA~,~:-MILLIMAN, City Administrator CANDACE HORSLEY, City Manager ATTEST: DeeL~ynn~.~aC a ,peC-nter, City Clerk ATTEST: ~;~¢"ge Gi~ntoli, City Clerk mfh:office 96FBDISPAGR FOURTH ADDENDUM DISPATCH AGREEMENT THIS AGREEMENT AND FOURTH ADDENDUM is entered into this of July, 1997, by and between the City of Fort Bragg, hereinafter referred to as Bragg" and the City of Ukiah, hereinafter referred to as "Ukiah" day "Fort Fort Bragg and Ukiah hereby agree as follows: . That Certain Third Addendum to the Agreement is hereby repealed in its entirety and shall no longer be of any force or effect. , Page 1, Paragraph 2, under "NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO, AS FOLLOWS:" is hereby amended to read as follows: "2. In consideration of said service, FORT BRAGG shall pay UKIAH the sum of $9,250.00 per month, beginning July 1, 1997 and ending when said contract is renewed, on June 30, 1998. Any increase in said fee shall be based only upon a demonstrable increase in the workload resulting in a need for additional personnel, or direct personnel costs (increases in compensation to personnel providing dispatch services to Fort Bragg)." 3. Page 2, Paragraph 9, is hereby amended to read as follows: 9. This agreement shall continue from year to year, unless terminated as further provided herein: a. Any party may terminate this agreement at the end of a contract year (June 30) by providing written notice of termination to the other party not later than March 30 of that year, or during the year with a sixty day written notification; b. This agreement shall terminate if both parties enter a contract with a third party of parties ("third party contract") for the dispatch services provided under this agreement. In that event this agreement shall terminate when dispatch services become available to the parties under the third party contract. 4. Except as expressly amended herein, the Dispatch Agreement, between Fort Bragg and Ukiah dated September 28, 1992, is hereby reaffirmed. IN WITNESS WHEREOF, the parties have executed this Agreement pursuant to Council approval at their meeting of July , 1997. CITY OF FORT BRAGG CITY OF UKIAH JAMES MURPHY City Administrator CANDACE HORSLEY City Manager ATTEST: ATTEST: DeeLynn R. Carpenter City Clerk Colleen B. Henderson City Clerk B: 1 \AGREEMENT DISPATCH.ADD ITEM NO. 6d DATE: July 2, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY ZONING MAP TO REZONE 49 PARCELS OF LAND SUMMARY: On June 18, 1997, the City Council voted 5-0 to introduce an ordinance amending the City zoning map to rezone 49 parcels of land as the final phase of the General Plan rezoning program. The Council's action to introduce the ordinance was consistent with the recommendations of both the Planning Commission and staff. The ordinance has been prepared in final form for adoption, and is attached to this Agenda Summary Report. The purpose of the rezoning is to bring the zoning classifications assigned to the parcels into conformance with their General Plan Land Use Designations. RECOMMENDED ACTION: Adopt the ordinance amending the City Zoning Map rezoning 49 parcels of land. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the ordinance, and provide direction to staff. Citizen Advised: Publicly noticed according to State law Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director Attachments: 1. Ordinance amending the City Zoning Map rezoning 49 parcels of land. APPROVED: --- CandaCe Horsley, (~ity Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF UKIAH, CALIFORNIA The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE Pursuant to the procedures set forth in Section 9009 of the Ukiah City Code, the Official Zoning Map for the City of Ukiah is amended to change the zoning on 49 parcels of land. Specifically, the City Zoning Map is amended to rezone 1 parcel from P-D to P-F; 1 parcel from R-1 to P-F; 5 parcels from R-1 to R-2; 1 parcel from R-3 to R-l; 4 parcels from C-1 to R-2; 3 parcels from C-1 to R-2; 3 parcels from C-N to C-1; 5 parcels from R-3 to R-2; 3 parcels from C-1 to R-3; 19 parcels from C-1 to C-N; 3 parcels from C-1 to C-N; and 1 parcel from "R-I" to "R-2." The listing of the specific parcels involved in this rezoning action is attached as Exhibit IIA, II SECTION TVVO This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE This rezoning action and amendment to the Official Zoning Map of the City of Ukiah is necessary to bring the zoning for the subject properties listed in Exhibit "A" into conformance with the City General Plan. SECTION FOUR This ordinance shall become effective thirty (30) days after adoption. Introduced by title only on June 18, 1997, by the following roll call vote: AYES: Councilmembers Chavez, Ashiku, Kelly, and Vice Mayor Mastin NOES: None ABSENT: Mayor Malone ABSTAIN: None Ordinance No. Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: ATTEST: Colleen B. Henderson, City Clerk , by the following role call vote: Sheridan Malone, Mayor Ordinance No. Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Assessor Parcel Number 002-072-10 003-181-01 1-430-11, 12, 13,22,24 3-471-13 3-040-65 through 68 3-040-71 through 73 2-320-29, 33, 34 2-271-2, 4, 6, 8, 10 3-031-20, 38, 43 3-050-37, 39, 51, 55, 56, 63, 68, 69, 70 through 80 3-074-3, 4, 5 2-111-40 EXHIBIT "A" Rezoning 97-16 Location Low Gap Road & Oak Street / Gobbi Street and Orchard Avenue Low Gap Road & Pine Street South Dora Street & Beacon Lane (vicinity) Porzio Lane Porzio Lane 680, 684, 690 Orchard Avenue 511, 513, 517, 523, 611 Oak Street 857 and 875 Oak Street Cherry Court 155, 165, 175 LuceAvenue 747, 749, 751, 753 North Bush Street Existing Zoning P-D R-1 R-1 R-3 C-1 C-1 C-N R-3 C-1 C-1 C-1 R-1 New Zoning P-F R-2 R-1 R-2 R-2 C-1 R-2 R-3 C-N C-N R-2 Ordinance No. Page 3 of 3 Item No. 6e Date: Ju~y 2. 1997 AGENDA SUMMARY REPORT SUBJECT: Receive report conducted by Rau and Associates entitled "Geotechnical Reconnaissance and Preliminary Impact Analysis from a Proposed Flood Plain Widening at the City of Ukiah's Wastewater Treatment Plant". REPORT: The City Council on August 16, 1995, based on a request by the California State Coastal Conservancy, directed staff to have a feasibility study conducted to consider moving the earth berms containing the City's treated wastewater back from the Iow flow channel of the Russian River a distance of 200 feet. The purpose of the change would be to widen the Russian River Flood Plain and meet one of the goals in the "Russian River Enhancement Plan" developed under the auspices of the California State Coastal Conservancy. The purpose of this study was to evaluate the soils conditions under the easterly portion of the present wastewater holding ponds as a basis for estimating the pattern of exfiltration from the ponds. In particular, the study is intended to provide a basis for making a rough estimate of the effects of losing the easterly 200 feet of the pond exfiltration area by moving the dikes back. ( Continued on Page 2 ) RECOMMENDED ACTION: Receive the report entitled "Geotechnical Reconnaissance and Preliminary Impact Analysis from Proposed Flood Plain Widening at the City of Ukiah Wastewater Treatment Plant". ALTERNATIVE COUNCIL POLICY OPTIONS: None Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Report Summary APPROVED: C~ndace Horsley, City M'~ger ( Page 2 ) Due to the amount of water being held in the ponds during the winter of 1995-1996 core drilling in the ponds could not be completed until the summer of 1996. In addition, the winter of 1996-1997 was used to observe the water throughput in order to gauge the amount of water that was discharged and therefore, the amount of water removed by exfiltration. As indicated in the Project Report Summary, moving the pond dikes back 200 feet will reduce the amount of water that can be removed by exfiltration by approximately 50%. The Engineer was also asked to provide an estimate of reduction based on moving the dikes 100 feet. Their studies indicated that by moving the dikes back 100 feet would reduce the amount of water that could be removed through exfiltration by approximately 30%. Since the City of Ukiah is only permitted to discharge 1% of the river flow between the months of October and May, a significant reduction in our ability to remove water through other means, such as exfiltration would significantly limit our ability to handle the volume of water produced, creating a storage shortage. As a result of this study, it is staff's belief that moving the pond berms back would limit our ability to store and hold the necessary volume of water, which would require the acquisition of additional storage at some other location not currently within the Wastewater Plant property. Additional land acquisition would result in a significant plant investment. Attached for your review is the Project Summary for the above study. A copy of the complete report, which includes the technical data is available upon request, should you wish to review the core drilling data and calculations. Geotechnical Reconnaissance and Preliminary Impact Analysis from Proposed Flood Plain Widening at Ukiah Wastewater Treatment Plant 300 Plant Road, Ukiah, Mendocino County California Prepared For City of Ukiah Wastewater Division 300 Seminary Avenue, Ukiah, CA 95482 Prepared By Rau and Associates, Inc. 100 North Pine Street, P. O. Box M Ukiah, CA 95482 707-462-6536 707-463-2729 FAX Job Number 95-252 May 1997 GEORGE C. RAU PRESIDENT WALTER HAYDON VICE PRESIDENT ANDREW E. BORDESSA VtCE PRESIDENT ROGER VINCENT VICE ~RE$IOENT AND ASSOCIATES INC. CIVIL ENGINEERS · LAND SURVEYORS May13,1997 Mr. Daryl Barnes, Director of Public Works Mr. George Borecky, Water and Sewer Operations Superintendent City of Ukiah Wastewater Division 300 Seminary Avenue Ukiah, CA 95482 Job Number 95-252 Gentlemen: Attached please find eight copies of our report concerning the potential impact on the wastewater storage pond exfiltration should the levees at the eastern end be moved westedy 200 feet to accommodate an enlarged floodway on the Russian River adjacent to the City's/Sanitation District's wastewater storage ponds. The estimated potential impact is approximately a 50% reduction in exfiltration from the ponds if the river floodplain were enlarged as conceived. Please do not hesitate to call me if there are questions regarding this report. Very truly yours, \~,~~/~'//Registered Civil Engineer 21908 ~~~/ Registered Geotechnical Engineer 00710 Expires 9-30-97 GCR:Iam 100 NORTH PINE STREET · P.O. BOX M · UKIAH, CALIFORNIA 95482 · 707-462-6536 · FAX 707-463-2729 Geotechnical Reconnaissance and Preliminary Impact Analysis City of Ukiah, Wastewater Division May 1997 Job Number 95-252 INTRODUCTION Purpose The following presents the results of a preliminary study requested by the City of Ukiah. The study was initiated to address a request by Laurel Marcus of the Califomia State Coastal Conservancy to consider moving the earth berms containing the City's treated wastewater back from the Iow flow channel of the Russian River a distance of 200 feet. The purpose of the change would be to widen the Russian River Flood Plain and meet one of the goals in the 'Russian River Enhancement Plan' developed under the auspices of the California State Coastal Conservancy. The purpose of this study is to evaluate the soils conditions under the eastedy portion of the present wastewater holding ponds as a basis for estimating the pattern of exfiitration from the ponds. In particular, the study is intended to provide a basis for making a rough estimate of the effects (reduction in exfiltration) of 'losing,' say, the easterly 200 feet of the pond exfiltration losses by moving the dikes back. Location The City of Ukiah wastewater treatment ponds are located south of Ukiah between the railroad tracks and the Russian River (east of South State Street). Plate 1 shows the location of the ponds and also shows the relationship of the ponds to the Russian River. Plate 2 shows the location of subsurface tests performed as part of this study (see below). Plate 3 shows generalized soils units in cross-section. The ponds are about 6 to 12 feet deep (top of dike to floor of pond). They were constructed by cutJfill methods, using soil excavated from the intedor to construct dikes around the periphery. The dikes are estimated to be 8 to 12 feet above odginal ground. The odginal surface in the area was a gently easterly sloping old terrace surface. That surface terminates at the Russian River on the east and a perennial stream channel on the south. The tributary perennial stream channel is significantly constrained on both sides and has deepened substantially as a result. The ponds are intended to loose water by evaporation and exfiitration. Plant operators indicate that exfiltration occurs mainly from the easterly portion of the ponds. Background Information Long range and current planning at the City of Ukiah's wastewater treatment plant has largely been done by Kennedy Jenks Consultants (also known as Kennedy/Jenks/Chilton in the past). Their 1986 report~ indicates that, for long term "buildout" of the Sanitation District, approximately 79 acres of pond area would be needed, or 37 acres more than currently exists (page 15). The "buildout" population in the service area is planned to be a population of 48,000 (Table 1). The current population is estimated to be 21,500 (confirmed with City Staff 5-14-97). There was a recommendation from Kennedy Jenks Consultants in the 1993 report2 to apply for a dilution ratio of 10:1 for discharge of AW-i' (Advanced Water Treatment) effluent to the Russian River (Page 5.16). This was not done. The dilution which Kennedy/Jenks/Chilton, 'Final Report - Long Range Wastewater Disposal Planning', June 18, 1986. Kennedy/Jenks Consultants, 'Wastewater Treatment Plant Upgrade- Facility Plan,' May 1993. Geotechnical Reconnaissance and Preliminary Impact Analysis City of Ukiah, Wastewater Division May 1997 Job Number 95-252 currently is permitted by the Regional Water Quality Control Board through its Discharge Permit 89-24 is 100:1 dudng the winter from periods of the year (City Staff 5-14-97). The present size of the ponds is estimated to be sufficient for a population of 25,350 which is projected to be reached in 2,005 (Page 3.4 and 7.14), if improved secondary treatment and polishing on the effluent occurs. Those measures are currently being done (City Staff, May 1997). Geotechnical Reconnaissance and Preliminary Impact Analysis City of Ukiah, Wastewater Division May 1997 Job Number 95-252 TESTING & STUDY PROCEDURES Office Study The office phase of the study included review of available geologic maps and examination of stereoscopic aedal photographs. Field Study Field work included geologic reconnaissance and logging of 12 sampled test borings drilled from dikes around the ponds. An earlier study of erosion conditions between the ponds and the Russian River involved four sampled test borings and four cone penetration tests. All of the borings were logged by a geologist who took undisturbed samples for laboratory testing and reference. The samples were taken with 2.0-inch ID modified California samples and 2.0-inch OD "standard penetration test' samplers. The samplers were advanced using 350 fi/lb striking force to provide a field measure of soils consistency. Samples were classified as to consistency and grain size by the field geologist. Groundwater observations were made during and after completion of field tests. Laboratory Testin.q Laboratory tests performed on undisturbed samples were limited to moisture content-dry density and gradation. Results of laboratory tests are shown on Plate 4, attached. Geotechnical Reconnaissance and Preliminary Impact Analysis City of Ukiah, Wastewater Division May 1997 Job Number 95-252 EARTH MATERIALS AND CONDITIONS General Geology Ground surface in the general area of the existing ponds is a sequence of Russian River terraces. Materials making up the highest of the terraces were deposited in a Plio-Pleistocene fault/settlement basin (a 'pull apart" fault basin). These old deposits consist of dense relatively clean to silty/clayey sand and gravel with conspicuous layers of hard clayey silt. It appears that the old basin was fully backfilled with such deposits. Local remnants of the top of the old terrace deposits comprise a terrace surface as much as 400 feet above the valley floor. Subsequently, the Russian River eroded this old sequence forming a sedes of younger terraces (mid- to late-Quatemary). The youngest of these border the present Russian River Channel and likely are Holocene age; they include loose to semi- compact granular layers and soft to stiff clay/silt sediments. On the north and east sides of the valley, the old terrace deposits are faulted and tilted. The layedng in the several ages of terrace deposits west of the Russian River and from Ukiah south (including the pond area) are interpreted as having gentle eastedy dips towards the Russian River. Individual layers tend to be moderately continuous. There are many references regarding the geology, seismicity, and faulting in the area, some of which are listed as 'Selected References." Site Materials and Conditions From surface evidence, the ponds are interpreted as extending from older terrace deposits (mid- Quaternary) on the west to young (Holocene) deposits on the east. An approximate transition from younger to older terrace deposits is shown on the boring logs. The permeability of the granular soils in the younger terrace deposits is interpreted as being variable---high in cleaner gravel deposits to moderate (say, 10.3 feet per minute) in silty sand deposits. Granular soils in older terrace deposits are commonly silt/clay bound and have relatively Iow permeabilities but moderately pervious layers are not uncommon and would be consistent with deeper boring encounters. Clayey silt layers in both sequences are essentially impervious. Clearly, however, these near-horizontal clayey layers have a major effect on the direction of subsurface water movement, strongly retarding downward movement. The older clayey silt was encountered only in Boring 10. Geotechnical Reconnaissance and Preliminary Impact Analysis City of Ukiah, Wastewater Division May 1997 Job Number 95-252 CONCLUSIONS The eastedy portion of the ponds is underlain by younger alluvial deposits including zones which are estimated to have at least moderate permeability. The northerly pond reportedly has lower water losses than the other two ponds. Exfiltration from the ponds is interpreted as moving in two 'modes': Mode A, under the dikes around the eastedy portion of the ponds; Mode B, downward from the floor of the pond into deeper units. Although the deeper materials are interpreted as being less pervious than materials directly under the dikes, the bottom area of pervious materials is relatively large (in comparison to the cross-section of flow under the dikes) and it is likely that losses in this mode are significant. Geotechnical Reconnaissance and Preliminary Impact Analysis City of Ukiah, Wastewater Division May 1997 Job Number 95-252 DISCUSSION Most of the exfiltration from the ponds occurs in the eastedy half of the south and center ponds (i.e., +1,000 feet) and the eastedy one-third (600 feet) of the north pond. Water loss calculations have been performed based upon assumed area of pervious materials under the dikes and through the pond floor. The 'model" includes interpreted thickness of pervious materials, flow paths and permeabilities. The calculations are intended to provide an approximately basis for evaluating the relative effects of moving the dikes westerly by about 200 feet. An alternative was also calculated if the dikes were moved westedy approximately 100 feet. Using this model, moving the dikes back (westerly) 200 feet from their present position would decrease the floor area (and downward movement of flow) by about 26 percent. The perimeter of the soils section exposed to sub-horizontal flow under the dikes would be decreased by about 34 percent; the vertical thickness of the flow section is estimated to decrease by about 20 percent. Considering the above factors and the longer flow path, the estimated decrease in flow under the dikes is calculated as 67 percent. The decrease in flow downward from the ponds would decrease by about 26 percent. In both cases, the area lost would include the more pervious soils, but the effect on sub-horizontal flow would be more pronounced. The combined effect would be to decrease exfiltration from the ponds by about 50 percent. If the dikes were moved back 100 feet, the corresponding estimated decrease in total exfiltration from the ponds would be approximately 30 percent. The calculations leading to the above estimates are attached. They are based upon substantial simplifying assumptions, including but not limited to the following: · The head (20 feet in these examples) is an "average" distance from the water surface in the ponds to the groundwater surface. Flow from the pond is considered to be related to the foot-print of the pond. Errors due to added infiltration related to head generated adjacent to the ponds is compensated by the relatively high permeability assumed for deeper materials under the ponds. Very truly yours, Registered Civil Engineer 21908 Registered Geotechnical Engineer 00710 Expires 9-30-97 GCR:lam ITEM NO. 6f DATE: July 2, 1997 A G E N D A S U M M A R Y R E P 0 R T SUBJECT: ADOPTION OF RESOLUTION SETTING THE LIMITATION ON CITY EXPENDITURES FOR FISCAL 1997-98. The passage of Proposition 4 in 1979 (Article XIIIB of the California Constitution), requires local governments to prepare a statement of appropriations limitation. Also, each of the governing bodies must pass a resolution setting the appropriations limit for each budget year. Briefly, the City's appropriation growth rate is limited to the change in the County's population and the change in California's per capita personal income. Exhibit A attached to the proposed resolution for fiscal year 1997-98, sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 1997-98 fiscal year. For this calculation, each revenue source listed in the adopted budget must be allocated as "proceeds from taxes" or "non-proceeds from taxes." Adoption of this resolution assures the community and the State of California that the appropriations approved do not exceed the City's annual appropriations limit. For fiscal year 1997-98, the calculations show a limit of $18.7 million and appropriations subject to the limit of $4.5 million. This provides a large margin of safety ($14.2 million) before compliance with this law would become a problem. Staff recommends that the City Council adopt the resolution fixing limitations on City expenditures for Fiscal Year 1997-98. RECOMMENDED ACTION: 1). Adopt the resolution setting the Fiscal Year 1997-98 Appropriations limit at $18,697,470. ALTERNATE COUNCIL POLICY OPTIONS: 1. Postpone adoption of appropriation limit resolution. 2. Adopt resolution with modifications. Prepared by: Gordon Elton, Finance Director~ Coordinated with: Candace Horsley, City Manager Attachments: 1) Resolution for FY 97-98 Appropriation limitation. APPROVED: GE:GANNLIMT.AGN C-and~c~ -Horsley, ~ity Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FIXING LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 1997-98 WHEREAS, the provisions of Proposition 4, (Article Xlll B of the California Constitution), the spending initiative, passed by the voters of the State of California, place a limitation on the expenditures of governmental agencies; and WHEREAS, the above referenced legislation requires the City of Ukiah to establish its appropriation limit for the 1997-98 fiscal year; and WHEREAS, the Director of Finance of the City of Ukiah has computed the limitation of the City of Ukiah for the 1997-98 fiscal year in accordance with the provisions thereof in the amount of $18,697,470; and WHEREAS, the appropriation limitation for the 1997-98 fiscal year was determined by utilizing the change in California per capita income for the 1997-98 fiscal year and the percentage of population change within Mendocino County as estimated by the State of California, Department of Finance estimates as of January 1, 1997. NOW, THEREFORE, BE IT RESOLVED, that the budgetary appropriation limitation of the City of Ukiah for fiscal year 1997-98 is hereby fixed at $18,697,470, as set forth on Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED this 2nd day of July, 1997, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk 4:Res:Umlt.97 CITY OF UKIAH SCHEDULE TO DETERMINE COMPLIANCE WITH PROPOSITION 4 & 111 APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDED JUNE 30, 1998 Based on Fiscal Year 1997-98 Budget EXHIBIT "A" A) PROCEEDS OF TAXES B) LESS: EXCLUSIONS C) APPROPRIATIONS SUBJECT TO LIMITATION $4,934,287 $428,016 $4,506,271 D) CURRENT YEAR LIMIT E) AMOUNT UNDER THE LIMIT (MARGIN OF SAFETY) $18,697,470 $14,191,200 GANN45.XLS 6/27/97 Page 1 of 5 CITY OF UKIAH APPROPRIATIONS SUBJECT TO GANN LIMIT 1994/95 1995/96 1996/97 1997/98 LIMIT PRIOR YEAR TIMES: % CHANGE IN CALIFORNIA PER CAPITA INCOME (a) (b) OR % GROWTH IN NON-RESIDENTIAL ASSESSED VALUATION 5,440,906 $15,687,381 $16,680,814 1.0071 1.0472 1.0467 $17,573,297 1.0467 AND TIMES' % POPULATION CHANGE CITY (a) % POULATION CHANGE COUNTY (a) (c) 1.0017 1.0005 1.003 1.0135 1.0088 1.0154 1.0065 1.0165 NEW LIMIT $15,687,381 $16,680,814 $17,573,297 $18,697,470 NOTES: (a) State of California, Department of Finance estimates, May 1997 (b) Factor Chosen for calculation, by default. (c) Factor Chosen for calculation. GANN45.XLS 6/27/97 Page 2 of 5 CITY OF UKIAH PROPOSITION 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 1997/98 REVENUE SOURCE TAXES PROPERTY TAXES SALES & USE TAXES PROPERTY TRANSFER TAX ROOM OCCUPANCY TAX BUSINESS LICENSE TAX FRANCHISE TAX FRANCHISE IN-LIEU CITY UTILITIES OTHER TAXES LICENSES AND PERMITS BICYCLE LICENSES BUILDING PERMITS ELECTRICAL PERMITS PLUMBING PERMITS MECHANICAL PERMITS MISCELLANEOUS PERMITS FINES & PENALTIES INTERGOVERNMENTAL MOTOR VEHICLE IN LIEU TRAILER COACH FEES OFF HIGHWAY LICENSES TAX RELIEF VICHY SPRINGS FIRE CONTRACT P.O.S..T. REIMBURSEMENTS COUNTY REIMBURSEMENT MISC. PARTICIPATIONS STATE MANDATED COST REIMBURSEMENT USE OF MONEY & PROPERTY INTEREST RENT SUN HOUSE REVENUE CONCESSION INCOME RECREATION PROGRAM INCOME TRANSFERS TO OTHER FUNDS PROCEEDS OF TAXES $461,545 $2,663,208 $8,000 $175,000 $165,000 $674,164 $600,000 $0 $235 $7,400 $179,735 NON-PROCEEDS OF TAXES $368,500 8150 844,000 86,254 83,635 83,016 86,900 85,000 80 818,000 80 810,000 80 875,265 8242,120 87,500 8123,800 885,000 GANN45.XLS 6/27/97 Page 3 of 5 CITY OF UKIAH PROPOSITION 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 1997/98 REVENUE SOURCE PROCEEDS OF TAXES NON-PROCEEDS OF TAXES CHARGES FOR CURRENT SERVICES SUBD PLANNING FEES SUBDIVISION FEES GENERAL PLAN FEES EMERGENCY RESPONSE REIM POLICE DEPARTMENT FIRE DEPT SALE OF MATERIALS SALE OF SURPLUS PROPERTY AMBULANCE FEES WEED ABATEMENT VEHICLE ABATEMENT PLAN CHECK FEES SWIMMING POOL LATE CHARGES/PENALTIES LABOR OVERHEAD REIMBURSEMENT MISCELLANEOUS TOTAL GENERAL FUND $4,934,287 $7,450 $4,39O $3,591 $4,000 $19,600 92,970 $0 $3,000 $314,084 90 $24,000 $43,698 $30,000 90 $0 $3,100 91,459,023 $6,393,310 ENTERPRISE & OTHER FUNDS 923,810,347 $23,810,347 TOTAL BUDGETED EXPENDITURES ADD: TRANSFERS INTO GENERAL FUND $4,934,287 925,269,370 9290,775 $30,203,657 TOTAL PROCEEDS OF TAXES 94,934,287 TOTAL NON-PROCEEDS OF TAXES $25,560,145 GANN45.XLS 6/27/97 Page 4 of 5 CITY OF UKIAH SCHEDULE OF EXCLUDED APPROPRIATIONS FISCAL YEAR 1997/98 BUDGET QUALIFIED CAPITAL OUTLAYS LEASE/PURCHASE PAYMENTS FIRE TRUCK (lOO.21Ol) CIVIC CENTER FIRE ENGINE (lOO.21Ol) STREET EQUIPMENT (lOO.31 lO) PARKS MOWER (lOO.6OOl) AMOUNT $18,720 $3O4,673 $61,075 $35,548 $8,000 $428,016 ALLOCATION OF INTEREST- TO TAX & NON-TAX PROCEEDS FISCAL YEAR 1997/98 BUDGET A) TAX PROCEEDS LESS INTEREST - GENERAL FUND B) LESS; EXCLUDED APPROPRIATIONS C) NET TAX PROCEEDS D) TOTAL GENERAL FUND REVENUES, LESS INTEREST E) NET TAX PROCEEDS, AS PERCENT OF TOTAL GENERAL FUND REVENUE F) TOTAL INTEREST G) AMOUNT OF INTEREST EARNED FROM TAXES H) AMOUNT OF INTEREST EARNED FROM NON-PROCEEDS OF TAXES $4,754,552 $428,016 $4,326,536 $6,138,310 70% $255,000 $179,735 $75,265 GANN45.XLS 6/27/97 Page 5 of 5 ITEM NO. 6.q DATE: July 2, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE AGREEMENT WITH THE GREATER UKIAH CHAMBER OF COMMERCE AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT The Greater Ukiah Chamber Of Commerce has leased approximately 400 square feet of office space in the Ukiah Valley Conference Center since the Center's opening in 1993. The original lease expires at the end of July and the Chamber has requested renewal. Staff met with Chamber representatives and reached a tentative agreement, pending Council approval, for a five year lease. The proposed lease amount will remain at the current monthly rate of $499.39 for the first two years of the lease. Increases during the final three years of the lease are proposed in the amount of 4%, or CPI, whichever is greater. A further change from the original lease is to increase the Chamber's share for copy, postage, and fax charges. Locating the Chamber of Commerce within the Conference Center has contributed significantly to familiarizing the facility among the business community. Their tenancy provides a valuable presence as well as revenue to the Center. Staff recommends continuing this relationship through the approval of the proposed lease and requests the City Council authorize the City Manager to execute the Lease Agreement. RECOMMENDED ACTION: Approve lease with the Greater Ukiah Chamber of Commerce and authorize City Manager to execute agreement. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revision and approve as revised 2. Determine approval of lease is inappropriate and deny staff recommendation Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) 410.0700.512.001 Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Bruce Jenney, Conference Center Manager 1. Proposed Lease Agreement APPROVED:~~ Oan~ce Hor~l-ey, ~i{'y IV~nager 4:LD.'CHAM~ ER.ASR LEASE AGREEMENT The Lease, made this 1st day of August, 1997, by and between the City of Ukiah, hereinafter referred to as "Lessor," and The Greater Ukiah Chamber of Commerce, a non-profit association organized under and in compliance with the laws of the State of California, hereinafter referred to as "Lessee." WITNESSETH: WHEREAS, Lessor does determine that the use of certain property owned by the Lessor is not required for their use at this time and is available for lease; and WHEREAS, Lessee is a non-profit corporation organized to provide various business coordination and community assistance activities and intends to use the leased premises for offices, training facilities, and headquarters. NOW, THEREFORE, the parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor, approximately 400 square feet of the property within the building located at 200 South School Street in the City of Ukiah, County of Mendocino, better known as the Ukiah Valley Conference Center ("the leased premises"). 1. TERM The term of this Lease shall be five (5) years, commencing on August 1, 1997. Extensions for a period of five (5) years shall be attainable contingent upon agreement between Lessee and Lessor. 1.1 The terms of this lease are subject to the following conditions: a. No permanent fixtures or improvements to facilities without prior approval of lessor. b. Child care activities are not allowed in any of the office/spaces. d. Lessees will be required to keep noise levels below noise level standards Page 1 of 6 e, 2. RENT established for the Conference Center facility. No advertising of any type using the Conference Center's address may be used by the Lessee without the prior approval of the lessor. 2.1 Rent for the leased premises shall be $499.39 per month, payable on or before the fifth day of each month. If rent due under this paragraph is not received by Lessor on or before the tenth day of the Lease, Lessee shall pay Lessor a late fee of 10%. The imposition of this fee is in addition to any other remedies Lessor may have for Lessee's failure to pay rent when due under the terms of this Lease. At the beginning of each year thereafter, rent for the leased premises shall be increased as specified in Exhibit "A." 2.2 Lessee agrees to pay any possessory interest tax assessed by the County of Mendocino for the square feet occupied by Lessee. 3. UTILITIES, REPAIRS, MAINTENANCE AND SHARED WORK SPACF 3.1 Both parties agree that rent for the premises includes all costs for utilities, repairs associated with normal usage, maintenance, and local telephone service. Long distance telephone charges will be billed at cost. Both parties further agree that additional services available within the Conference Center, such as room rentals; copy, postage, and fax services; and access to food and beverages, not specifically owned by Lessee, are not included in lease. Lessee agrees to pay for use of such services as charged by Lessor. 4. ALTERATIONS Lessee shall not make any alterations to the interior or exterior of the leased premises without the prior written consent of the Lessor. Lessor may, but need not, require the Lessee to furnish drawings, plans or specifications for any proposed alterations, which the Lessor may Page 2 of 6 review prior to authorizing any such alterations. 5. HOLD HARMLESS AND LIABILITY INSURANCF 5.1 Lessee shall indemnify, defend and hold Lessor harmless from any liability for personal injury or property damage arising out of the Lessee's use of the premises, including the costs and attorneys' fees incurred in defending against any damage, claim or liability. 5.2 Lessee agrees to take and keep in force during the life of the Lease, at the Lessee's sole expense, public liability insurance provided by companies licensed to furnish such insurance in the State of California to protect against any liability to the public incident to the use of or resulting from any accident occurring in or about said premises, the liability under such insurance to be not less than One Million Dollars ($1,000,000) for any one person injured, or One Million Dollars ($1,000,000) for any one accident. Should the Lessee use a deductible provision in excess of $1,000 in connection with such policy, a cash bond must be posted to cover the deductible. A certification of said insurance naming Lessor as an additional insured and providing for 30 day notification of cancellation shall be provided and made a part of this Agreement. 5.3 Lessee agrees to take and keep in force during the life of the lease at the Lessee's sole expense, fire and extended coverage insurance provided by companies licensed to furnish such insurance in the State of California to insure the leased premises against damage caused by fire, the policy limits of such insurance to be not less than One Hundred Forty Thousand Dollars ($140,000). The Lessor shall be named as the loss payee in said policy. A certification of said insurance naming Lessor as loss payee and providing 30 day notice of Page 3 of 6 cancellation to Lessor shall be provided by Lessee and be made a part of this Agreement. 6. ASSIGNMENT Lessee will not assign this lease, or any interest therein, and will not let or underlet the said premises, or any part thereof, without the prior written consent of the Lessor. 7. OWNERSHIP OF IMPROVEMENTS If Lessee installs any permanent improvements, in accordance with paragraph 4 of this Lease or otherwise, such improvements shall become a part of the leased premises and title to said improvements shall be vested in the Lessor upon termination of this lease. Lessor shall have the right to demand that Lessee restore the premises to the condition it was in prior to the date this Lease is made and if such demand is made, Lessee shall so restore the premises within ten (10) days of the date such notice is given. 8. TERMINATION Notwithstanding any other provision of this Lease to the contrary, the parties shall have the right to terminate this Lease under the following circumstances. 8.1 On sixty (60) days prior written notice to the other party Lessor and Lessee shall have the mutual right to terminate the Lease. 8.2 Either party shall have an immediate right to terminate this Lease without prior notice to the other party for any breach of a term of the Lease by the other party, including, but no limited to, the Lessee's obligation to provide liability insurance. 8.3 Any termination of this Agreement within a paid period shall result in a refund to the Lessee of the pro-rated value of the remaining days. 9. ATTORNEY'S FEES If either party to this Lease prevails in any legal proceeding arising under or in connection Page 4 of 6 with the terms of the Lease, that party shall recover its reasonable attorney's fees from the other party. 10. NOTICE Whenever notice is required to be given under this Lease, it shall be deemed given when deposited in the U.S. Mail with properly first class postage affixed thereto or when personally delivered and addressed as follows: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Greater Ukiah Chamber of Commerce 200 S. School Street Ukiah, CA 95482 11. WAIVER Waiver of any breach of this Lease, including the failure to pay rent or obtain prior approval for an assignment of the Lease, shall not be deemed a waiver of any subsequent breach of the same or a different provision of the Lease. 12. PARAGRAPH HEADINGS Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 13. PREVIOUS AGREEMENT Any and all existing statement or agreements, whether oral or written, or renewals thereof between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 14. DUPLICATE ORIGINALS This Lease may be executed in one or more duplicate originals bearing the original Page 5 of 6 signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. Candace Horsley City of Ukiah ~-~.~ Chamber of Commerce R:4:Conf Chamber.97 Page 6 of 6 UKIAH VALLEY CONFERENCE CENTER Rental Rates for Greater Ukiah Chamber of Commerce Cu~e~ 08-01-97 08-01-98 08-01-99 08-01-00 08-01-01 MONTHLY RATE 499.39 499.39 499.39 519.37 540.14 561.75 YEARLY RATE 5992.68 5992.68 5992.68 6232.39 6481.74 6740.95 Note: First two years reflects no monthly increase. Each additional year reflects a 4% increase or CPI, which ever is greater. Current Market Value Office Space - $0.90 per square foot Reception Services, which include answering, forwarding phone calls and assisting visitors as needed. Conference Rooms and Shared of use of kitchen Phone and Voice Mail Systems Janitorial Services Private Work Area and Storage $360.00 $50.00 $60.00 $40.00 $30.00 $9.33 As of 05/02/97 coc2 Exhibit "A" ITEM NO. 6h. DATE: JULY 2, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT RENEWAL WITH MASTERSON COMMUNICATION AND AUTHORIZATION OF CITY MANAGER TO EXECUTE CONTRACT The City utilizes Masterson Communications for the ongoing maintenance of the Dispatch radio equipment. Renewal of the contract is necessary to insure the system's reliability is not compromised and on call service remains in effect. Costs for these services have substantially increased over the last year and thus staff is recommending a six month contract at this time to correspond to the $3,000 adopted in the 1997-98 budget. As was noted during the budget hearings, the dispatch service and equipment will be evaluated during this next year, with specific recommendations being made to the Council. At that time, revisions to the maintenance contract will also be considered. Staff recommends the City Council approve renewal of the radio maintenance contract for six months at $406 per month and authorize the City Manager to execute the contract. RECOMMENDED ACTION' City Council approve the radio maintenance contract with Masterson Communication for a period of six months at $406 per month and authorize the City Manager to execute the contract. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract should be modified, identify changes, and remand to staff for negotiations with contractor. 2. Determine contract is not appropriate and do not approve. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.' 678.2040.250.001 Yes N/A e.c,~~'""~ Michael F. Harris, AICP, Assistant City Manag ~ John Williams, Police Captain and Candace Horsley, City Manager 1. Proposed agreement with Masterson Communications, pages 1-2. APPROVE dace Horsley, City M~nager · mfh:asrcc97 0702MASTERSON M ST BSON COMMUNICIqTIONS, INC. The Redwood Empire's Wireless Communications Leader COMPLETE COMMUNICATIONS SERVICE Customer. Ukiah Dispatch Center 300 Seminary Avenue Ukiah CA 95482 Date Maintenance Begins: 7/01/97 Date Maintenance Ends: Maintenance Agreement # UDC MAINTENANCE AGREEMENT QTY. DESCRIPTION TOTAL lea. Motorola Compa-Station 50.00 1 ea. Motorola MSR2000 Repeater 90.00 1 ea. Motorola Centracom 2-Position Console 150.00 1 ea. Motorola Centracom 1-Position Console 60.00 1 ea. Motorola Mocom 70 Consolettes 50.00 lea. Motorola Encoder 6.00 6 ea. Monthly Total $406.00 CONTRACT DOES NOT INCLUDE BATTERIES OR ANTENNAS Terms and conditions of this maintenance agreement are printed on the reverse side. CUSTOMER BY: TITLE: MASTERSON COMMUNICATIONS 6/11/97 MOTOROLA Radiu3 UKIAH 2081 Wellmar Drive, Ukiah, CA 95482 · Phone (707) 462-9736 or 1-800-399-2-WAY · Fax (707) 462-9749 EUREKA - \- 4060 Broadway, Eureka, CA 95503 · Phone (707) 443-4448 · Fax (707) 443-3797 This Agreement made and entered into by and between City of Ukiah. The 'Licensee' and Masterson Comm. Inc., hereinafter called the 'contractor'. This contract is designed to provide a working agreement between the Licensee and the Contractor. Now, Therefore, it is hereby agreed as follows: (1) EQUIPMENT UNDER CONTRACT: The Contractor shall provide service and maintain all equipment specified on page one, in accordance with the terms, covenants, conditions and provision hereof, (2) WORK: The Contractor agrees to maintain the equipment specified above the period outlined under page one. This contract does not include maintenance of any transmission line, antenna, or tower at the base station, such maintenance may be furnished on a labor and material basis. Maintenance shall include the labor and parts required to repair and maintain equipment which has become defective through normal wear and usage. Maintenance does not include the repair or replacement of equipment which has otherwise become defective due to damage caused by accidents, physical abuse or misuse of equipment, acts of God and fires. This contract does not include installation of new equipment or re-installation of old equipment. (3) MAINTENANCE FEE AND PAYMENT: A monthly maintenance fee shall be in effect for the period outlined under page one. Additional equipment installed during the contract period shall be included in this contract by amendment and shall be maintained with the same standards as provided for under the contract terms. The monthly maintenance fee will be adjusted accordingly on a prorated unit per-month basis, j Payment of the monthly fee shall be in accordance with the Invoice submitted on the last day of each month. (4) Maintenance Standards: The equipment will be maintained by the Contractor in accordance with the standards of good workmanship and as outlined in the instruction manuals furnished with the equipment. Replacements parts of highest quality will be used. The equipment will not be subjected to mechanical abuse. Routine maintenance procedures prescribed from time to time by the manufacturer of the equipment will be followed. All maintenance work will be done by qualified and licensed personnel. Mobile equipment will be inspected and maintained at six (6) month intervals, UNLESS OTHERWISE NOTES UNDER PARAGRAPH 11. (5) TIME AND PLACE OF MAINTENANCE WORK: Maintenance work on the base station equipment and other fixed equipment, all mobiles equipment in service and equipment used for emergency services, shall be performed at the location of the equipment. Spare equipment may, at the discretion of the Contractor, be brought to the maintenance shop for necessary work. Except as provided under paragraph 11, all maintenance work on mobile equipment shall be performed during a normal eight (8] hour working day, Monday through Friday. The Contractor shall respond within two (2) hours after receipt of base station failure unless previously arranged. The Contractor shall be given at least two (2) days notice prior to any installation or re-installation of equipment. (6) ADMINISTRATION AND FCC RECORDS: Periodic frequency and modulation measurements will be made in accordance with the Rules and Regulations set forth by the Federal Communications Commission, on all transmitting equipment outlined under equipment listed on page one, and copies left with the Licensee. A duplicate record of such measurements is retained by the Contractor. The Contractor shall provide any advice, technical or administrative assistance to meet any requirement. (7) INTERRUPTION OF SERVICE: The Contractor shall be notified in the event of failure of any unit. The Contractor does not assume and shall have no liability under this contract for failure to provide, or for delay in providing, maintenance for the equipment due directly or indirectly to causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God. acts of the public enemy, acts of the United States, and any State or Territory, epidemics and quarantine restrictions, strikes, embargoes, and unusually severe weather conditions. (8) PRIOR NEGOTIATIONS: This contract constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations and agreements. (9) AMENDMENTS: No revision of this contract shall be valid unless made in writing and signed by both parties, (10) INSURANCE: The Contractor shall perform the work as an independent contractor, contralling all means, manner and methods incident to the performance and completion of the work. Contractor shall have in effect Workmen"s Compensation, public liability and property damage insurance during the term of the contract. (11) EXCEPTIONS: Exceptions to this contract, its terms and conditions are as follows: (12) TERMINATION OF AGREEMENT.~;..,-~AIJTO,.M.A~I.~-RENEWAL: This contract shall terminate at midnigh~'frOm date on page one; however shall continue for successive periods of one (1) month thereafter, provided that either party may terminate this agreement, with or without cause, upon thirty (80) days' written notice to the other party. If either party has not so notified the other, this contract and all of its covenants, terms and conditions shall remain in full force and effect for the succeeding periods mentioned above. ITEM NO. 8a DATE: July 2, 1997 AGENDA SUMMARY REPORT SUBJECT: Annual Nomination and Appointment of Commission and Board Members I. Planning Commission (1 Vacancy) ii. Golf Course Committee (3 Vacancies) Currently there exists one vacancy on the City Planning Commission and three vacancies on the Golf Course Committee. Notice of these vacancies was published in the Ukiah Daily Journal on June 1, 1997, see attached Public Notice. A press release regarding the vacancies was sent to all area news media, the Mendocino County Library, and posted at the Civic Center. Letters of solicitation for the Golf Course Committee were sent to the Ukiah Men's and Ukiah Women's Golf Clubs and to the (Continued to page 2) RECOMMENDED ACTION: Adopt Resolution Confirming Appointment to the Planning Commission; Adopt Resolution Confirming Appointment to the Golf Course Committee ALTERNATIVE COUNCIL POLICY OPTIONS: Make some or none of the appointments and readvertise for applicants. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No. (if budgeted) N/A Colleen B. Henderson, City Clerl~~''' 't¢~"'~'' Larry DeKnoblough, Community Services Director, Karen Yoast, Executive Assistant, Candace Horsley, City Manager 1. Public Notice 2. Copy of Press Release 3. Copies of applications from applicants 4. Copy of Resolution 95-48 5. Copy of proposed Resolution Confirming Appointment to the Planning Commission 6. Copy of proposed Resolution Confirming Appointment to the Golf Course Committee APPROVED:.' ~"'"-~ V%¢'-'~/'~ ~,.4" Candace Ho~sley, C~ty ~anager Chairman of the Parks and Recreation Commission. Several applications were on file from former Planning Commission vacancies. Those applicants were notified of the current vacancy and neither indicated a current interest in serving. Joe Chiles submitted a letter of interest in being reappointed to the Planning Commission. Since he was the only applicant for the Planning Commission and just recently interviewed by the Council, no interviews were scheduled. The Golf Course Committee vacancies include one position considered to be representative of the general public, one a representative from the Men's Golf Club, and one a representative of the Parks and Recreation Commission. The Men's Golf Club has nominated Perry Ramsey (who just finished on the Golf Course Committee as the public member); his nomination was received by phone, no written application was received. The Parks and Recreation Commission has not yet met to make a nomination. However, Don Rones, the current representative of the Parks and Recreation Commission, has reapplied for a position on the Committee. Per Resolution No. 95-48, Councilmember Mastin is entitled to make the first nomination to both the Planning Commission and the Golf Course Committee. c:asr, comap PUBLIC NOTICE Notice is hereby given that the City of Ukiah has vacancies occurring on various City of Ukiah boards and commissions, as follows: 1 vacancy on the Planning Commission and 3 vacancies on the Golf Course Committee. The Ukiah Redevelopment Agency's Design Review Board has 2 vacancies. Current commissioners or board members may be eligible to reapply. Applications and information regarding residency requirements are located at the Ukiah Civic Center, Administration Wing, 300 Seminary Avenue, Ukiah, CA, or call 463-6;217. The submittal deadline for applications is Wednesday, June 25, 1997, except for the URA's Design Review Board applicants, whose deadline is July 9, 1997. An interview will be required of Planning Commission Applicants. Appointments will be made at the regular City Council Meeting of July 2, 1997 with Design Review Board applicants being considered at the Ukiah Redevelopment Agency meeting on July 18, 1997. S/Colleen B. Henderson, City Clerk. Publish: June 1, 1997. NEWS RELEASE 300 UKIAH, C.~ 95482-5400 · ADMIN. 707/463-62OO · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6:704 · OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: May 28, 1997 FOR RELEASE: Immediately GOOD THROUGH: June 25, 1997 SUBJECT: Vacancies on City of Ukiah Boards and Commissions CONTACT: Colleen Henderson, 463-6217, or Karen Yoast 463-6213 UKIAH, CA-- The City of Ukiah announces there will be one vacancy occurring on the Planning Commission. The member occupying the expiring term is eligible for reappointment. Planning Commission terms are for three years and members must reside within the City limits. Deadline for application is June 25, 1997, with interviews and appointment being made by the City Council on July 2, 1997. The Golf Course Committee has three vacancies. The Public Member is ineligible for reappointment, while the Parks and Recreation Commission and the Men's Golf Club representatives are eligible for reappointment. There is no residency requirement. The deadline for application is June 25, 1997. Appointments will be made at the regular City Council meeting of July 2, 1997. The Ukiah Redevelopment Agency announces two vacancies on the Design Review Board. One vacancy must be filled by a City resident. The application deadline is July 9, 1997. Appointments will be made at the Agency's meeting of July 18, 1997. Any qualified individual who would like to serve the community in this volunteer capacity is encouraged to apply for one or more of these positions. Applications are located in the Administration Wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6217 for an application to be mailed to you. c: Media Fax Group 1 City Manager '~Ve Are Here To Serve" Z · dUN ~ 0 1~97 CIJ 1' CLILI-;LK ijt[',/~,i--( i IvlLixi i Ukiah City Council Council Chambers 300 Seminary Ave. Ukiah, Ca. 95482 June 19, 1997 Dear ltonorable Mayor and Councilmembers, Having been a part of the decision and planning process of this city for the last few months, I have found it to be a very rewarding experience. I would like to continue working with you and serving the community as a Planning Commissioner. Therefore, I'm asking you to please consider me for another term on the City of Ukiah Planning Commission. Respectful_ly Submitted, Joe Chiles 7'73'C~r~E-t°T 3. p, I CITY OF UKIAH APPLICATION FOR GOLF COURSE COMMITTEE APPOINTMENT RECE VEID Date j-~ ~ / Cf7 Q!TY (!.1~ I IKIAH / 2 1997 I am applying for an appointment to the City of Ukiah's Golf Course Committee. 1. Name ~/f/J'~r.u~ ~'_ /'~_~[.~.~/ ~__-, 2. Residence Address 3. Business Address ~. '~ ~' -z~~ ,~.~ CI'IY CLEEK DEi~A~ I IWEN i Res. Phone Bus. Phone 4. Employer ~ 5. How long have you resided in Ukiah? California? ~"'z~ Job title Employed since years; Mendocino County? ~ 6. Please list com. munity groups or organizations you are affiliated with and indicate any offices Please answer the following questions on separate sheets of paper and attach. 7. Why are you applying to serve on the Golf Course Committee? 8. What is your understanding of the purpose, role and responsibility of the Golf Course Committee? 9. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Golf Course Committee? 10. What do you believe is the single most important Golf related issue facing our community? 11. In your opinion, what types of Golf programs should the City encourage? 12. In your opinion, what type of Golf programs should *,he City discourage? 13. What kind of ideal Golf facility do you envision for Ukiah? 14. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? Your name will be kept in an applicants' pool for one year from the date of your application, and we will notify you of vacancies as they occur. For more information or if you have questions, please contact the City Clerk's office at 463-6217. Thank you for your interest in serving the City of Ukiah. commgolf, app RESOLUTION NO. 95- 48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council has not adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following procedure for filling vacancies on the City's commissions and'bdards, including the Planning Commission. PROCEDURE FOR FILLING V~CANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. s:\u\resos95\vacancy.pro May 30, 1995 1 2. Nominations. Each councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the councilmembers based on seniority with the most senior councilmember going first. made. b. The Council shall vote on~.each nomination as it is c. A councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior councilmember, when a councilmember's nomination is approved by a majority~vote of the councilmembers present or the councilmember agrees to pass the~nomination to the next most senior councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among councilmembers to fill vacancies shall be followed for each separate commission or board. · . il) The City Clerk shall maintain a record of the last councilmember to-make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 7 th day of June following roll call vote: , 1995, by the AYES: Co,mci lmembers Wattenburger, Shoemaker and Mayor Schneiter NOES: Councilmember Malone ABSTAIN: None ABSENT: Councilmember Maskin ATTE~ Ca ~q~yV ay; ~i.t/ Clerk s:\u\resos95\vacancy.pro May 30, 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING APPOINTMENT TO THE PLANNING COMMISSION WHEREAS, one vacancy on the Planning Commission occurred with the expiration of the term of Joe Chiles on June 30, 1997; and WHEREAS, the vacancy was duly advertised in the Ukiah Daily Journal on June 1, 1997; and WHEREAS, the two citizens whose applications were on file from previous vacancies were duly notified of this vacancy and neither indicated a current interest in the position; and WHEREAS, Joe Chiles applied in a timely manner for a full three-year term on the Planning Commission; and NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council on July 2, 1997, approved the nomination submitted per procedures outlined in Resolution No. 95-48, and does hereby appoint to a full three-year term on the Planning Commission, expiring June 30, 2000. PASSED AND ADOPTED this 2nd day of July, 1997, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 98- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING APPOINTMENTS TO THE GOLF COURSE COMMITTEE WHEREAS, three vacancies have occurred on the Golf Course Committee with the expiration of the terms of the Parks and Recreation Committee representative, the Ukiah Men's Golf Club representative, and the Public Member; and WHEREAS, the vacancies have been duly advertised in the Ukiah Daily Journal on June 1, 1997; and WHEREAS, the Parks and Recreation Commission and the Ukiah Men's Golf Club have been notified of the vacancies and asked to nominate representatives for the City Council's consideration; and WHEREAS, the Ukiah Men's Golf Club has requested that Perry Ramsey be considered for appointment as its representative; and WHEREAS, the Parks and Recreation Commission has not yet met to nominate a representative; and WHEREAS, no applicants were previously on file for these positions. NOW, THEREFORE, BE IT RESOLVED, that the nomination procedures as outlined in Resolution 95-48 were followed regarding these appointments; NOW, FURTHERMORE, BE IT RESOLVED, that is appointed to the Golf Course Committee as the representative of the Ukiah Men's Club for a full two-year term, expiring June 30, 1999. NOW, FURTHERMORE, BE IT RESOLVED, that is appointed to the Golf Course Committee as the Public Member for a full two-year term, expiring June 30, 1999. NOW, FURTHERMORE, BE IT RESOLVED, that a representative of the Parks and Recreation Commission will be appointed at a later time once the Commission has made a nomination to the Council. Resolution 98- Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED this 2nd day of July, 1997, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk Resolution 98- Page 2 of 2 ITEM NO. 9a ,J DATE' duly 2, 1997 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTIONS REGARDING VEHICLE ABATEMENT The City Council recently heard an appeal from a citizen who had received a Notice of Intention to Abate an Abandoned Vehicle on his property. Even though the individual had received the Notice and also had several discussions with staff regarding the reason for the appeal and what possible outcomes could result from that appeal, the process appeared to be confusing and too formalized for the issues being discussed. Staff also received a letter (attached) from Mr. Eric Larson offering some comments and suggestions on revisions to the Vehicle Abatement Ordinance. Staff met to discuss the appeals process for abatement of abandoned vehicles and reviewed the past history of these appeals. Very few hearings have been heard in the City in the last ten years. With the issues being more technical, a dialogue between the Appeals Board and the citizen seems appropriate. Staff is, therefore, recommending that the Traffic Engineering Committee be the most appropriate body to hear these appeals as they deal with these types of issues throughout the year and have representatives on the committee from various agencies and public representation that would provide a wide spectrum of expertise and public contact. Also attached to this report is a memo from City Attorney Dave Rapport and the recommended revised ordinance, which provides for the Traffic Engineering Committee to hear appeals from a "Notice of Intent to Remove Abandoned Vehicles from Private Property." Staff is recommending Council's approval of the ordinance. RECOMMENDED ACTION: Council introduce Vehicle Abatement Ordinance by title only, and then introduce ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council determine modifications to ordinance are necessary prior to introduction. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Attachments: Acct. No.: (if budgeted) Candace Horsley, City Manager 1. Memorandum, dated June 23, 1997, from David Rapport 2. Ordinance for introduction 3. Letter, dated 5/26/95, from Eric Larson 4/Can. ASRAbate.Veh Can~[~ce Horsley~' City i~lanager David J. Rapport Lester J. Marston TO: FROM: DATE: SUBJECT: Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 200 W. Henry Street P.O. Box 488 Ukiah, California 95482 MEMORANDUM Candace Horsley, City Manager David J. Rapport, Attorney at Law June 23, 1997 Amendment to Vehicle Abatement Ordinance (707) 462-6846 FAX 462-4235 Enclosed please find an Ordinance proposing amendments to Sections 7602, 7610 and 7611 of the Ukiah City Code. The cumulative effect of these amendments would be to substitute the Traffic Engineering Committee for the City Council as the hearing body for the City of Ukiah on appeals from notices of intention to abate abandoned vehicles. Comments from an interested party during the last hearing before the City Council on an appeal from a Notice of Intention to abate an abandoned vehicle located on private property caused City staff to evaluate whether the City Council is the most appropriate hearing body for these appeals. Very few hearings under Ukiah City Code §7600 et seq. have been heard in the City. However, in each case the issues generally involve the conditions under which a private property owner will be given the opportunity to voluntarily remove an abandoned vehicle from his or her property. Upon reflection, staff believes that the Traffic Engineering Committee is the most appropriate body within the City to hear these appeals. The issues to be heard are technical and generally non-political. For these reasons, staff is recommending that the Ordinance be revised to substitute the Traffic Engineering Committee for the City Council in hearing these appeals. If you have any questions about the specific changes to the attached code sections, please feel free to contact me. D JR:can Enclosure s:\u~memos97~aband.hea June 23, 1997 _/_ ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTIONS 7602, 7610 AND 7611 OF THE UKIAH CITY CODE PROVIDING FOR A HEARING BEFORE THE TRAFFIC ENGINEERING COMMITTEE ON APPEAL FROM A NOTICE OF INTENT TO REMOVE ABANDONED VEHICLE FROM PRIVATE PROPERTY. The City Council of the City of Ukiah hereby ordains as fol- lows. Section One. Sections 7602, 7610 and 7611 of the Ukiah City Code are hereby amended to read as follows: §7602: DEFINITIONS: Except where the context otherwise required, the definitions given in this Section govern the construction of this Ordinance; ao The term "vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. . The term "highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street. C . The term "public property" does not include highway. D . The term "owner of the land" means the owner of the land on which the vehicle or parts thereof is located, as shown on the last equalized assessment roll. E . The term "owner of the vehicle" means the last registered owner and legal owner of record. (Ord. 617 §1 adopted 1971.) ' ' F o The term "Traffic Engineering Committee" means the Traffic Engineer for the City of Ukiah as established in Section 7030, which is a committee consisting of the City Engineer, City Manager, Chief of Police, City Attorney, Supervisor of Public Works, or their duly appointed representatives or any revised or successor committee established by the City Code. §7610: REQUEST FOR HEARING; HEARING UNNECESSARY: Upon request by the owner of the vehicle or owner of the land received by the City Clerk or her designated representative within ten (10) days after the mailing of the notices of intention to abate and s:\u\ords97\aband.hea June 19, 1997 I .remove, a public hearing shall be held by the Traffic Engineering Committee on the question of abatement, and removal of the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of the administrative costs and the cost of removal of the vehicle or parts thereof against the property on which it is located. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land within such ten (10) day period, said statement shall be construed as a request for hearing which does not require his presence. Notice of the hearing shall be mailed, at least ten (10) days before the hearing to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. If such a request for hearing is not received within said ten (10) days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. (Ord 617 §1 adopted 1971.) ' ' ' §7611: ~EARING: Ail hearings under this Ordinance shall be held before the Traffic Engineering Committee which shall hear all facts and testimony it deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or parts thereof and the circumstances concerning its location on the said private property or public property. The Traffic Engineering Committee shall not be limited by the technical rules of evidence. The owner of the land may appear in person at the hearing or present a sworn written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for such denial. The Traffic Engineering Committee may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the purpose of this Municipal code Chapter. It may delay the time for removal of the vehicle or parts thereof if, in its opinion, the circumstances justify it. At the conclusion of the public hearing, the Traffic Engineering Committee may find that a vehicle or parts thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property and order the same removed from the property as a public nuisance and disposed of as hereinafter provided and determine the administrative costs and the cost of removal to be charged against the owner of the land. The order requiring removal shall include a description of the vehicle or parts thereof and the correct identification number and license number of the vehicle, if available at the site. If it is determined at the hearing that the vehicle was placed on the land without the consent of the owner of the land and that he s:~u~ords97\aband.hea June 19, 1997 2 has not subsequently acquiesced in its presence, the Traffic Engineering Committee shall not assess the costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such owner of the land. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, he shall be notified, in writing, of the decision. (Ord. 617, §1, adopted 1971.) Section Two. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section Three. This ordinance shall be published as required by law and shall become effective thirty days after its adoption. Introduced by title only on following roll call vote: , 1997, by the AYES: NOES: ABSENT: Adopted on vote: , 1997, by the following roll call AYES: NOES: ABSENT: ATTEST: Sheridan Malone, Mayor Colleen Henderson, City Clerk s:\u\ords97\aband.hea June 19, 1997 3 Mf~Y-'~-~'-, ;7_. TIJE 1F -''~-4~ L~]RSOF4 blOOD PRODUCTS 5/26/95 Eric larson 123 Clara Ave. Ukiah Ca 95482 Phone #s 462-5329 (home) 468-0235 (work/fax) TO: ukiah City Council and City Mgr. C. Horsley SUBJECT: city Ordinance #617 (Abandoned Vehicle Removal) I would like to take the ~pportunity to offer some comments,concerns, and questions regarding the Abandoned Vehicle Removal Ordinance. My primary concerns are with the process of notification and appeals outlined in Sections 7609,7610, & 7611. It appears from my reading that the main focus of the appeal process and public hearing before the City Council is to protect property owners from being unfairly charged with the cost of removing a vehicle from their property for which they are not responsible. It seems reasonable that a property owner should be able %0 offer evidence that they are not responsible for the presence of a public nuisance on their property. It also seems reasonable that administrative staff could make a determination on the question of financial responsibility. The property owner could then seek relie.f from council if they do not agree with the decision of staff. Since this would be an issue of "who pays", it would not be necessary to hold up the abatement process, which would only serve to aggravate neighbors who are impacted by the situation. Since this would be basically an issue between the city and the property owner, extensive notification of the hearing would not seem necessary. On the other hand, it the owner of the vehicle o~ person responsible for it3s~:presence wishes to appeal staff's determination that the vehicle constitutes a public nuisance as defined in Section 7601 of this ordin- ance; it would seem only fair that any persons potentially affected by the outcome of such a hearing be notified and given the opportunity to address the issue before council. Since there are potentially issues of fire protection, public health, orime, dangers to children, area property values, environmental impacts, and residential quality of life it would be prudent to notify the appropriate agencies and organisations. It also seems fair that the appellant be made aware of the process they would be instigating and the findings which the City Council would be required to make in order to uphold such an appeal. Regarding the last sentence in Section 7612; can the City really do this? Has the City Council set administrative costs to be charged as outlined in Section 7607? Is the property owner informed of these costs in the abatement notice? Lastly, a few "house-keeping" items. The title of the ordinance (Abandoned Vehicle Removal) is a bit misleading as many of these vehicles are not considered "abandoned" by their owners. Maybe "derelict" or "public nuisance" could be used. The terms :!'public hearing" and "hearing" are used interchangebly-.- Shouldn't this be consistan~? shouldn't Chief of Police now be Director of Public Safety? Thank yo~-for your consideration. Erl o LarDon ITEM NO. 9b DATE: JULY 2, 1997 AGENDA SUMMARY REPORT SUBJECT: WAIVE PROPOSAL IRREGULARITY AND AWARD BID TO ENVIRONMENTAL RESOLUTION, INC. IN THE AMOUNT OF $161,485.21 FOR THE PERIMETER GAS EXTRACTION SYSTEM AT THE UKIAH LANDFILL, SPECIFICATION NO. 97-06 In response to the City's Notice Inviting Bids dated May 14, 1997, the City Clerk received and opened eight (8) sealed bid proposals on June 25, 1997, for the Perimeter Gas Extraction System for the City of Ukiah Landfill. The lowest responsible bidder is Environmental Resolutions, Inc., (ERI) with offices in Novato, California, with a total bid of $161,485.21 which includes a base bid of $142,483.13 and an additive bid of $19,002.08. The Engineer's cost estimates for the base bid and additive bid are $210,023 and $33,341, respectively, for a total estimated cost of $243,364. CONTINUED ON PAGE 2 RECOMMENDED ACTION: If the City Attorney determines it to be appropriate, waive the two irregularities, and award the contract consisting of the base and additive bid items of work to Environmental Resolutions, Inc., in the amount of $1 61,485.21. ALTERNATIVE COUNCIL POLICY OPTIONS: Not waive the irregularity in ERI bid proposal pertaining to the requirement of the Addendum acknowledgment, and award the contract consisting of the base and additive bid items of work to the second lowest responsive bidder, Ferranti Construction, in the amount of $187,721.40. This contract must be awarded pursuant to the requirements of the Stipulated Agreement. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Account No.: 660-7301-250 N/A Rick H. Kennedy, Director of Public Works/City Engineer RickH Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager David J. Rapport, City Attorney o , Bid Tabulation Summary Environmental Resolutions, Inc., Bid Proposal Facsimile from Keith Romstad and Acknowledgement of Addendum No. 1 Ferranti Construction's Bid Proposal Stipulated Order of Compliance and Agreement No. 96-01 Candace Horsley, City Ma~ ger Waive Proposal Irregularity and Award Bid to Environmental Resolution, Inc., in the Amount of $161,485.21 for the Perimeter Gas Extraction System at the Ukiah Landfill, Specification No. 97-06 July 2, 1997 Page 2 The base bid includes the construction of nine (9) deep extraction wells, 6 inch gas collector main, and the blower pad and structure. The additive bid work includes the construction of eight (8) shallow extraction wells for inclusion into the extraction system as called for in the base bid work. ERI and its proposed drilling sub-contractor are properly licensed to perform the work as specified. As stated in their Statement of Qualifications and List of Representative Projects, ERI has experience in the construction of projects similar to the City's proposed gas extraction project. ERI's bid proposal contains two (2) irregularities which must be waived by the City Council prior to making an award to them. As provided in the Project Special Provisions under Section 2, "Award and Execution of the Contract", the City reserves the right to reject any and all bids or to select the base bid plus any additive bid item or combination of additive bid items and to determine which proposal is in its opinion, the lowest responsive bid of a responsible bidder, and that which it deems is in the interest of the City to accept. The City Council also reserves the right to waive any irregularity not material to cost or performance in any proposal or bid. ERI's first irregularity is minor and involves the separation of the proposal from the bound special provisions. The General Conditions instruct the bidders to submit the proposal without removal from the bound bid package. This irregularity is not material to cost or performance of the work. Several other proposals contained this irregularity. ERI's second irregularity involves the failure to acknowledge and include Addendum No. 1 with the bid proposal as instructed in the Addendum. Addendum No. 1 was issued on June 5, 1997, and was mailed to all Bidders of record at the time of its issuance. It was also madea part of the bid package and it was distributed to each new bidder. Addendum No. 1 contained revisions to the bid schedule, a plan detail, and two sections of the Technical Specifications and it included clarifications. The revisions would affect cost as well as performance when included in the bid proposal. Keith Romstad of ERI was contacted on June 26 to confirm that their proposal did not include an acknowledgment of Addendum No. 1 and that this omission could invalidate their bid proposal because it may not be responsive to the bidding requirements. It was also relayed to Mr. Romstad that the City Council can not waive irregularity that is material to cost and performance. Mr. Romstad stated that he had received Addendum No. I and that his bid proposal reflected the provisions of the Addendum. He confirmed that he neglected to include the acknowledgment of the Waive Proposal Irregularity and Award Bid to Environmental Resolution, Inc., in the Amount of $161,485.21 for the Perimeter Gas Extraction System at the Ukiah Landfill, Specification No. 97-06 July 2, 1997 Page 3 Addendum as required but that it was merely an oversight and was not intentional. Attached to this Staff Report is a faxed acknowledgment of the Addendum as well as a statement from Mr. Romstad that the provisions of the Addendum have been considered and incorporated into his bid proposal. This matter is currently being reviewed by the City Attorney as to the appropriateness of a waiver given the circumstances of this particular situation. If it is determined that the omission of the Addendum acknowledgment can be waived in this particular case, Staff is recommending that the two irregularities discussed be waived and the contract consisting of the base and additive bid items of work be awarded to Environmental Resolutions, Inc., in the amount of $161,485.21. If the bid proposal irregularity concerning the acknowledgment of Addendum No. 1 cannot be waived, Staff recommends that the contract consisting of the base and additive bid items of work be awarded to the next lowest responsive bidder, Ferranti Construction, in the amount of $187,721.40. As required under the Stipulated Agreement between the Local Enforcement Agency and the City of Ukiah, the contract for the Perimeter Gas Extraction Project is to be awarded no later than July 2, 1997, and that the construction of the system is to be completed by October 31, 1997. Funds in the amount of $243,000 were recently budgeted and approved in the Landfill's 1997/98 budget under Account No. 660- 7301-250. If awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. The bid total is based on unit prices bid for contract items at estimated quantities and, therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. RHK:kk R: 1 \LANDFILL AERI ,/ CITY OF~ MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR Perimeter Gas-Extraction System, City of Ukiah Landfill Specification No. 97-0~ The undersigned, as Bidder, declares that he or she has examined thoroughly all of the contract cocuments herein contained, that this proposal is made without coll~ion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, ia the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: BIDDING SCHEDUI~ In case of discrepancy between words and figures, the words shall prevail. Item No. Description Quantity Unit S/Unit Total 1. Mobilization 1 DS E3~ OO 2. Field Engineering 1 DS S I OO ~ I , 3. Site Grading and Earthwork 1 DS [ ~ ZOO 4. 12" diameter borehole 1009 LF ~Z, r~a~ 5. 2" PVC Screen Casing 669 LF .S, Z c~ 6. 2' PVC Blank Casing 335 LF l, e~ ~ Spec. No. 97-06 66 CC:/UkiaJa/Gasdes/specv 1/gensp50.doc 7. Pea Gravel Filter Pack 687 LF 8. Bentonite Grout Barrier 9 EA ~'~. 9. Annular Seal 340 LF 10. Well-Head Assembly 9 EA 3 11. Well-Head Vault 9 EA 12. 6" HDPE Pipe 2780 LF 13. 2" HDPE Lateral 18 EA 14. Monitoring well box for 2" stub 8 EA I3r'/, ~wO 15. Condensate System 1 16. Blower Shed Pad 1 17. Blower Shed 1 I.,S 18. Mechanical 1 ,,,,,, ,,,, 19. Electrical 1 LS 20. Gas-Testing Device 1 LS ~5, I CrO TOTAL ENGINEER'S F,S'IIMATE OF QUANTITI~ ADDITI~rE BID ITEMS: ADD 8 SHAIJ OW BELLS Item No. Description Quantity Unit S/Unit Total 1. Site Grading and Earthwork 1 LS / / ,~ 2..- / / F ?_.. 2. 12" diameter borehole 380 LF ~o, qS~ r-/.~ g' [ -- 3. . 2" PVC Screen Casing 300 LF 4. 2" PVC Blank Casing 80 LF I, '~ -7 / ~ ~ - 5. Pea Gravel Filter Pack 316 LF 2. (,,,.3 ~ 3 J - 6. Bentonite Grout Barrier 8 EA ~ P,, EO L-/2.0 -- 7. Annular Seal 56 LF ~. Well-Head Assembly 8 EA [ O~ ~ ~ ~O 9. Well-Head Vault 8 EA -7 TOTAL / TOTAL AMOUNT FOR BID In case of discrepancy between words and figures, the words shall prevail. SI~. No. 9742)6 67 CC:/UkiahYGasdes/specv 1/gcnsp50.doc We, the undersigned, acknowledge that the City Council reservces the right to reject any or all bids or to slsect the base bid plus any addative imm or combination of addative items and to determine wl~ich proposal is, in its opin.iou, the lowest responsive bid of a responsible bidder and that which it deems to be in the best interest of the City to accept. The City Council alos reserves the right to waive any inforatiou not material to cost or performa,~ce in any proposal or bid and further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within Kf'u~u (1S) calendar days al'mr wri~n notice that the couu'act is ready for signau.u-e; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the couu'act and that, therefore, this proposal .~haT{ be uull and void and the proposal guaranty accompanying th.is proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying tl~ proposal shall be returned to the undersigned. Licensed in acco~'dancg with an act providing for the registration of Contractor's License No. ~t 1,3~3~ expiration date I /~ l / ~ ~ . ' THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PER.$tYRY. Signature of bidder or bidders, with business addresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. Sl~c. No. g7-06 68 CC:/Ukiah~Gasdes/specv I/gettspS0.doc FAIR EMPLO~~ PRACTICES CERTIFICATION TO: ~l'F'¢ OF' ~Jg-.~ ~,~ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. Perimeter Gas-Extraction System, CiO' of Ukiah Landf'dl (Signature of Bidder) Business Address: Place of Residence: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Spec. No. 974)6 69 CC:/Uldah/Gasdes/specv 1/gensp50.doc WORKER'S COI~[PENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the ~bor Code which require every employer to be insured against liabilit3, for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Wimess my hand tlm ~'4 day of ~ Or41~ Signature of Bidder, with Business Address: C"'pec. No. 97-06 70 CC:/Ukialx/Gasdes/specv 1/gensp50.doc · CERTIFICATION OF NONDI$CRL-~ffNATION IN F3,fPLOYMEN"r The bidder represents that he or sh~ not, participated in a previous contract or subcontract subject to either the equal opportuaity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she <~as not, f'fled all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Spec. No. 974)6 71 CC:/Ukiah/Gasdcs/sp~cv I/gcnsp50.doc LIST OF PROPOSED SUBCONTRACTORg In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and 0a) the portion of the work to be done by each subcontractor. Spec. No. 97-06 72 CC:fUldah,'Gasdes/specv 1/gensp50.doc STATEMENT OF EX~PERI'ENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. Spec. No. 97-06 73 CC:~ah/Gasde$/specv l/gen~50.doc SIGNATURE(S) OF BIDDER Accompanying this proposal is OJkg~,~[ ~2._~ G~l~C.~( (insert the wor~ "cash ($)', "cashier's check" or "bidder's bond", as the ease may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-parmership, provide the true name of fu'm and also the names of all individual co-parmers composing the firm. If bidder or other interested person is an individual, provide the fa'st and last names in full. Licemed in accordance with an act providing for the registration of Contractors: License NO. ,,, ,(~ [ I ~-~ ~3,~ Signature(s) of Bidder: NOTE: If bidder is a corporation, the legal name of the corporation .~hall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; ff bidder is a co- partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, l~ or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Place of residence: Dated Spec. No. 97-06 74 CC:/Ukia.h/Gasdeslspecv I/gensp50.doc NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid, To City Council, City of Ukiah: The undersigned in submitting a bid for performing for Perimeter Gas-Extraction System, City of Ukiah Landf'dl by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Business Address: SiLgnature(s) of Bidder Place of Residence: NOTARIZATION ='L~~ LISA DAVIS {.} [-=~',~' ~,.J NOTARY PUBLIC - CALIF. ~.~.- ~-~,~ ...... Spec. No. 97-06 76 CC:/Uldah/Gasdes/specv 1/gcnsp50.doc 0 0 0 ENVIRONMENTAL RESOLUTIONS, INC. . STATEMENT OF Q UALIFICA TIONS Corporate Headquarters: 20372 North Sea Circle, Lake Forest, CA 92630 (7~4) 4~7-8950 Branch Office: 74 Digital Drive, Suite 6, Novato, CA 94949 (415) 382-9105 Branch Office: 1921 Edmonds Drive S.E., Renton, WA 98055 (~0~) ~7-0~0 ENVIRONMENTAL RESOLUTIONS, INC.' stAr, r/mr/vt oi, Ovnz ezCAr O VS L INTRODUCTION Environmental Resolutions, Inc., (ERI) is an environmental consulting firm dedicated to providing quality, cost-effective responses to environmental concerns. We conduct complete property transfer audits, hazardous waste investigations, and remedial action programs leading to site closure. We also provide solutions to water reuse, waste stream reduction, disposal of wastewater treatment end products, and stormwater discharge problems. ERI is a licensed general contractor for the state of California, providing our clients with a variety of construction management and construction services without the subcontractor handling fees charged by the majority of environmental consultants. Although ERI's areas of expertise are extremely varied, we have particular experience in managing projects relating to the known or suspected release of fuel hydrocarbons, solvents, pesticides, metals, priority pollutants, acids and bases, polychlorinated biphenyls (PCBs), and dioxins. Our projects have ranged in size from less than $1,000 at completion to over $3 million at completion. Descriptions of some of our recent representative projects are included in Appendix A. ERI's principal is a Registered Geologist in the states of California and Oregon, and a Registered Environmental Assessor in the State of California. In addition, our Executive Vice President is an MIT Ph.D. Chemical Engineering graduate with over 20 years experience managing chemical manufacturing facilities. In this capacity, he was responsible for retaining and supervising environmental consultants. Other personnel include Geologists, Chemists, Engineers, Biochemists, and Certified Asbestos Assessors. Experience and qualifications of key individuals are included in Appendix B. Included in Appendix C is a partial list of our current references. II. CAPABILITIES PROPERTY TRANSFER AUDITS Because real estate transactions are being subjected to increasing scrutiny regarding potential liabilities related to the presence of hazardous substances, ERI has developed a preliminary screening program ("Property Transfer Audit") that enables our clients to economically evaluate potential environmental risks which may be associated with real property. ERI combines the features of a systematic, predesigned approach and those of site-specific, tailor-made studies. Our program emphasizes quick turnaround and the use of existing data sources to focus audit tasks and minimize costs. In this way, our clients are provided with the documentation they need to either: (1) deal effectively and economically with problems for which they are responsible; or (2) protect themselves from being held liable for pre-existing conditions for which they were unaware and for which they have no legal responsibility. ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Typically, ERI's Property Transfer Audits include the following tasks: Review of pertinent geologic and hydrologic literature and maps; Review of historical aerial photographs and archival land use maps; Review of federal, state, county, and municipal records of known and suspected hazardous waste release sites at the subject property and/or within the immediately surrounding areas; Reconnaissance of the subject property and the immediately surrounding areas. The site reconnaissance includes conducting an interview with past and present property owners and managers to assess past and present operations and maintenance procedures; Contact of local regulatory agencies regarding past site use, notices of violation, suspected problems, and noncompliance issues; and, Preparation of a summary report including our investigative methods, findings, photographs, conclusions, and, if warranted, recommendations for additional work. In addition to the above, ERI often provides title searches, asbestos testing, radon screening, and lead paint testing as part of the property transfer audit process. HAZARDOUS WASTE INVESTIGATIONS The primary objective of conducting hazardous waste investigations for real property is to: (1) document the presence or absence of hazardous substances; or (2) delineate the extent of past and present contaminant migration. In addition, if properly conducted, a hazardous waste investigation can provide the basis for assessing potential remedial action alternatives. To this end, ERI's staff has extensive experience in conducting a variety of soil, vapor, and groundwater investigations. Our capabilities include the following: Use of solid-stem auger, hollow-stem auger, mud and air rotary, reverse rotary, percussion hammer, and cable tool drill rigs; Installation and development of vapor and groundwater monitoring wells, extraction wells, and observation wells; Use of wipe samplers, bulk material samplers, California modified split barrel samplers, standard penetration tubesl, continuous core samplers, and slide hammer samplers to obtain samples from a variety of materials including soil, sludge, and surface residues; ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Vapor and groundwater sampling with both manual bailing and dedicated pumping methods; Aquifer testing to evaluate aquifer characteristics such as hydraulic conductivity, transmissivity, and radius of influence; and, Soil, vapor, and groundwater modeling to evaluate chemical parameters and how their properties affect contaminant transport, retardation, and biodegradation. ER/has successfully managed subsurface projects ranging from small underground tank investigations to large multidisciplinary Remedial Action/Feasibility Studies. Hazardous waste investigations are conducted by ER/in accordance with current regulatory protocols and requirements and the constantly changing industry standards. In addition, ERI's internal Quality Assurance and Quality Control (QA/QC) program documents all techniques used to obtain, preserve, and ship samples for laboratory analysis. ER/'s QA/QC program integrates the field and laboratory sampling and analysis activities by providing the field program with chain of custody documentation, and, when necessary, documented blanks, spikes, splits, and standards. Once a hazardous waste investigation has been completed, ER/can help arrange for the proper transportation and disposal of any contaminated materials generated. REMEDIAL ACTION PROGRAMS ER/personnel are experienced in developing and implementing a variety of practical, cost-effective, and environmentally sound solutions to soil and groundwater contamination problems. Our staff members have experience in identifying and analyzing potential remedial measures applicable to: o Soil contamination; o Surface and groundwater contamination; o Recovery of liquid phase hydrocarbons; and o Groundwater, leachate, and gas migration studies. For projects involving these issues, ER/determines the most appropriate remedial measure by balancing the overall project costs with the potential risks to human health and environment. In addition, ER/evaluates the technical feasibility, regulatory constraints, permitting, duration, space constraints, capital cost, maintenance fees, and consumable costs. Upon selection of a remedial measure, ER/estimates construction and operating costs; obtains permits based on the client's standard design; and provides turn key construction. ER/has conducted soil excavations and has installed numerous remediation systems using techniques such as soil vapor extraction, air sparging, groundwater pump and treat, air stripping, carbon adsorption, thermal/catalytic oxidizers, internal ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS combustion engines, and bioremediation cells. Upon completion of system installation, ERI prepares a site-specific operation and maintenance program to evaluate the performance and thereby optimize the effectiveness of the system. ERI believes in identifying potential remedial actions at the earliest possible date during the subsurface investigation. In this way, the need to provide a last minute investigation can be minimized, thereby increasing overall project quality while at the same time reducing overall project cost. WASTEWATER AND STORM WATER DISCHARGE SERVICES ERI provides a wide variety of wastewater, process water, and storm water engineering services. We also offer expertise in system operation, physical separation techniques, chemical treatment, water reclamation or reuse, hazardous and non-hazardous waste treatment and disposal, and permitting. Our first step in wastewater treatment is to conduct a feasibility study to evaluate the appropriate system chemistry, chemical treatment required, operational procedures, and cost projections for treatment of the waste stream. Pilot studies can be used to evaluate a new or complex treatment technology. ERI has extensive experience in evaluating and installing new treatment systems and/or modifying an existing system. ERI's previous treatment technologies have included oil/water separation, chemical precipitation, flocculation, dissolved air flotation (DAF), settling, filtration, ozone, reverse osmosis, air stripping, biological degradation, and UV/Peroxide destruction. ERI can implement a chemical treatment program for removal of alkalinity, heavy metals, oil and grease, toxic organics, COD, BOD, and TOC. Our familiarity with waste treatment chemicals allows us to use the chemical program with the best and most cost effective results. ERI also evaluates and installs water recovery systems for substantial reductions in water and energy usage, as well as surcharge payments. Techniques such as segregation and reclaiming are used to cut water usage by as much as 50%. We solve waste reduction, treatment, and disposal problems including landfill identification and disposal permitting. ERI also supplies on-going monitoring and sampling programs to insure compliance and keep operating costs at a minimum. ERI works with customers in their negotiations with local enforcement agencies to develop action plans, secure variances, or obtain permits. ERI has provided storm water discharge consulting services to many of our clients to comply with storm water regulations. ERI has evaluated the client's pollution prevention practices, surveyed the site, provided detailed site maps, and supervised monitoring programs. ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS CONSTRUCTION SERVICES As a Class A (Hazardous Class), General Engineering Contractor (California License Number A- 611383) and a C-10 Electrical Contractor, ERI is able to offer our clients a wide variety of both construction management and construction services. As part of our construction management program, ERI has assisted our clients with critical path planning and scheduling, estimating and budgeting, cost monitoring, contracting and contract administration, quality assurance, permitting, and project documentation. In addition to our management services, ERI is a "hands-on-firm" and in almost all cases will provide construction services as the prime contractor. In this way, ERI can provide our clients with a variety of construction services without the subcontractor handling fees charged by the majority of environmental management consultants. Recent types of construction services provided by ERI as the prime contractor have included the following: 1) the excavation and removal of above- and below- ground tanks, and 2) installation of remediation systems including natural gas and electrical utilities, propane tanks, above- and below-ground system piping, fence enclosures, concrete slabs and foundations, protection posts, instrumentation, process wiring and piping, and equipment installation, and 3) the construction of multiple-use tank farms and associated above- and below-ground piping, product pipe lines, steam and condensation lines, water lines, sewer lines, electrical lines, above- and below-ground sumps and clarifiers, loading docks, concrete berms, metal and wood fencing, brick walls, and industrial driveways. ERI has also provided building demolition services to our clients. IlL HAZARDOUS WASTE SAFETY TRAINING Every ERI technical and field employee has taken a 40-hour Hazardous Waste Site Investigation training course. The course meets the requirements for intermediate level training under U.S. Department of Labor 29 CCR 1910.120. Topics covered in the courses included physical, chemical, and toxicological properties of hazardous materials, hazard evaluation and control, selection and use of personal protective equipment (including self-contained breathing apparatus and fully encapsulating suits), sampling and monitoring techniques, and site entrance and decontamination procedures. This course, along with yearly 8-hour refresher and supervisory courses, enables ERI to meet stringent OSHA training requirements for contractors working at hazardous waste sites. All ERI field personnel undergo entrance, exit, and annual physical examinations as required by the U.S. Department of Labor 29 CCR 1910.120. IV. MANAGEMENT The goal of ERI's.project management is to fulfill the scope of work on time, within budget, and in keeping with the firm's standard of consistently high-quality technical performance. ERI conducts projects using a team approach that takes full advantage of our management and technical capabilities, regardless of the geographic location of staff or projects. ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Qualified staff are selected for a project and work under the direct supervision of a project manager. The project manager is accountable for the technical and financial aspects of the job he or she manages. This includes proper definition of the scope of work, on- and off-site project team supervision, definition of work tasks, and meeting objectives in regard to schedule, budget, and quality. Field and laboratory data are discussed in depth with state registered experts to determine the appropriate scope of work, conclusions, and recommendations. ERI maintains a project management system involving the use of computer-generated printouts which provide current and detailed information on all job charges, billings, and budget status. Office operations managers review these reports on projects under the direction of their staff. ERI's word processing and Autocad graphics capabilities facilitate the timely production of high-quality reports. A PPEND IX A REPRESENTATIVE 'PR OJE CTS ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Project: Client: Location: Description: Waste-Water Treatment System/Construction, Operation & Maintenance U.S. Navy/IT Corp. Hunters Point Naval Facilities/San Francisco, California ERI procured, installed, operated and maintained a waste-water treatment system at a naval facility which was slated for closure. The system was designed to treat approximately 30,000 gallons per day of water generated during cleaning of the storm sewers and to segregate solids for appropriate disposal. The system included a mixing tank, phase separators, holding tanks, and carbon adsorption vessels. EFI operated the system continuously for over 12 months, then dismantled the system. The value of the project was approximately $650,000. Project: Client: Location: Description: Waste-Water Treatment System/Procurement and Construction U.S. Navy/IT Corp. Point Molate Naval Facilities/San Francisco, California ERI procured and installed a waste-water treatment system at a naval facility which was slated for closure. The system included 1,000 feet of ductile-iron piping, a phase separator, bioreactor, organo clay, carbon, sand filters, and holding tanks completely installed within a containment pad. The pad was also framed and poured by ERI. The value of the project was approximately $265,000. Project: Client: Location: Description: Procurement and Construction of Piping for a Refinery Major Oil Company San Francisco Bay Area Refinery, California ERI purchased, constructed and pressure tested a 45-foot long, complex system of valves, elbows and pipes for use at the refinery. The client specified 16" diameter, schedule 80 polyvinyl chloride (PVC) piping. The segments, elbows and valves were solvent welded to 1/8" tolerances using ASTM Method D2855. ERI assisted in the installation of the piping which required its personnel to be Bay Area Refinery trained and certified. ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Project: Client: Location: Description: Site Assessment/Corrective Action/Remediation System Design, Installation, and Operation Several Major Oil Companies Throughout Southern and Northern California Conducted site investigations and assessments, prepared corrective action plans, installed remediation systems, operated and maintained remediation systems, prepared closure reports, and obtained site closure for numerous underground storage tank sites with impacted soil and/or groundwater. Project: Client: Location: Description: Groundwater Sampling and Monitoring Several Major Oil Companies Throughout Southern and Northern California Conduct groundwater monitoring and sampling for over 100 underground storage tank sites. Work performed includes data management, purging, sampling, field data collection and water treatment. Groundwater is treated at most sites by ERI's water treatment unit which eliminates the need for separate water disposal contracts and contractors. for ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Project: Client: Location: Description: Underground Storage Tank Removal Manufacturing Facility Los Angeles County, California ERI removed six underground storage tanks ranging in size from 500- to 12,000- gallon capacity. The work was conducted in an operating plant with strict production schedules and space limitations. Shoring was needed for three of the tanks because of their proximity to railroads, buildings, or city streets. Stoddard solvent and chlorinated hydrocarbons were present in the soil. Remediation of the soil was completed either by excavation and disposal of the soil or through vapor extraction using carbon adsorption and thermal incineration. Project: Client: Location: Description: Hazardous Waste Investigation Confidential Los Angeles, Orange, San Diego, Riverside, San Bernardino, and Ventura Counties, California ERI performed numerous Hazardous Waste Investigations for several confidential clients throughout California. Typically, these investigations were related to the delineation of contamination in the soil and water by gasoline, diesel, or solvents. Investigations included drilling exploratory soil borings, soil sampling, field screening of soil samples using photo-ionization detectors or equivalent devices, installation of groundwater monitoring wells or vadose-zone monitoring wells, and laboratory analyses of samples collected. When groundwater was encountered, work also included well installation, development, and sampling. ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Project: Client: Location: Description: Environmental Remediation and Construction Services Oil Blending Plant Los Angeles County, California ERI was retained to provide over $3,000,000 in turnkey environmental services for the investigation and remediation of contaminated soil at a major oil blending facility in Southern California. Work included the demolition and reconstruction of oil blending berm. s, buildings, and tank farms. Six separate areas of hydrocarbon-bearing soil were defined. Methods for remediation of the contaminated soil included: excavation and disposal for soil containing heavy hydrocarbons and metals; vapor extraction and carbon adsorption of chlorinated organics; and vapor extraction and thermal incineration of stoddard solvents. ERI constructed four tank farms containing the following: eighteen 12,000-gallon storage tanks, eight 8,000-gallon storage tanks, seven 4,000-gallon storage tanks, and thirteen mixing tanks. Project: Client: Location: Description: Remediation of Oil-Bearing Soil Major Lubrication Manufacturing and Blending Facility Los Angeles County, California ERI was awarded a contract to excavate and dispose of approximately 500 tons of oil- bearing soil. During excavation, a much larger, deeper plume of volatile organics was detected. ERI gathered soil samples and ran analyses to evaluate the type and source of the volatile organics. Using fuel fingerprints and chemical gradients, ERI was able to show that the contaminant was jet fuel which came from the adjacent refinery. ,w ., ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Project: Client: Location: Description: Soil Segregation, Lead Fixation, Soil Remediation, SCAQMD Monitoring, and Excavation and Disposal of Contaminated Soil Ultramar Refinery Wilmington, California ER/is conducting Ultramar's Clean Fuels Project (CFP) soil investigation, remediation, and air monitoring. The work has included the excavation and remediation of lead-impacted soil using a chemical stabilization process; the excavation and off-site treatment of approximately 50,000 tons of hydrocarbon- impacted soil; drilling and installation of soil borings and groundwater monitoring wells; delineation of dissolved phase hydrocarbons in the groundwater using a hydropunch; performing SCAQMD 1166 monitoring throughout the project; performing airborne lead monitoring and sampling; and performing a detailed Phase I site assessment for the acquisition of approximately 12 acres of property. ERI successfully negotiated less stringent interim cleanup levels for the soil with the CRWQCB. As a result, thousands of tons of soil have been saved and used as backfill material, resulting in potential savings of millions of dollars. Project: Client: Location: Description: Remediation of Alkylbenzene-Bearing Soil and Underground Tank Removal Major Chemical Surfactant Manufacturing Plant Los Angeles County, California ER/removed two 20,000-gallon underground alkylbenzene storage tanks. The surrounding soil contained levels of alkylbenzene as high as 30,000 ppm. ER/ negotiated with the Los Angeles County Department of Health Services (LACDHS) to obtain a clean-up level for the remediation. ER/excavated over 2,000 tons of the affected soil and hauled it to an appropriate facility for soil recycling into a non- hazardous road base material. ER/verified through pit sampling that the affected soil was removed; then, the pit was backfilled and the area resurfaced. The LACDHS subsequently granted closure for the site. 06/26/97 TtlU 14:37 FAX 1 415 382 1856 ERI Novato Office ~001 ENVIRONMENTAL RESOLUTIONS, INC. FACSIMILE COVER SHEET TO: COMPANY: PHONE: FAX: FROM: COMPANY' PHONE: (415) 382-5990 FAX: (415) 382-1856 DATE: ~//~/~ PAGES (Including ~o-vcr): SUBJECT: KEITH A. ROMSTAD ENVIRONMENTAL RESOLUTIONS, INC, COMMENTS: .. ADDENDUM NO. 1 ., ~ TO SPECIAL PROvIsIONS FOR , . PERIMETER GAS EXTRACTION SYSTEM FOR THE CITY OF UKIAH LANDFILL,. . .. SPECIFICATION NO. 97'-06 ~ This Addendum No. 1 modifies, the indicated sections of the SpeCial ProVision and/or the Plans for the referenced Project, or provides clarifications and responses to questions raised during the bid periodl . 3: "Bidding Schedule", Item No. 4, '12" diameter borehole" shall read."10" diameter borehole": This change is consistent with Detail 6, 'Perimeter Well Detail" on Sheet G-7 of the Plates. Bidder is instructed to strikeout the number "12" and write in "10" on the bid schedule for Item No. 4. . section 13-11.04,""Metal Work", of the Special Provisions is modified by the addition of the following: Roof and wall Sheathing Shall beeither 24 gage or 26 gage BHP 'Super Span", or approved equal. Finish color of sheathing shall be approved by Owner. . Detall '3, .'Typical. Header Trench', on Sheet G7 of the plans is modified by the addition of the following' , The minimum trench wldth:f,.,0r..the 6" HDPE header may be reduced to 24". Section 13-05, 'Site Grading and Earthwork" of the Special Provisions is modified by the addition of the following: All earthwork required to construct the gas extraction well pads as shown in Detail 1, "Gas- Extraction Well Pad", on Sheet G7 of the Plans shall be performed by others. 5. Clarification regarding seepage collars: . If non-granular onsite materials meeting the requirements of select native material are used as pipe backfill, seepage collars as specified in Section 13-06.6 of the Special Provisions will not be required. Clarification regarding GEM 500 gas testing device specified In. Se. ctlon 13-13 of the Special Provisions: ',' ""' ."- '.., ., The gas testing device shall be equivalent to the Landtec GEM 500 as specified in the attached manufacturer's specification, labeled as Attachment 'A". More than one single monitoring device may be required to provide an equivalent unit from other manufacturers. The names and addresses for Landtec and other manufacturers/suppliers of hand-held gas-monitoring equipment are as follows: Page 1 of 2 ; ~, ...C~.:~ I' r i,t;~Land-t~c, 633 W 5th Street, Los Angeles, CA 90071, (800) 821-0498 ~ I]| · ' LF~&E, 9855 Prospect Avenue, San,e°, CA 92071, (619) 598-9083 l,..u~i~'SJ' [:,r"I.'~'~<.;2:~._G~. s~[~ch, 8407 Central Avenue, Newark, CA. 94560, (510) 794-6201 .............. .' ....... ...de[t,3 Instruments (MSA Dist.)' :$45 Littlefield AVe., 'So. San Francisco, CA 94080, (415) 589-9720 ' The list of manufacturers and the attached specification are provided for the Contractor's information only. The City of Ukiah does not guarantee that the manufacturers listed are the only manufacturers of these devices 'or that they will be able to meet equivalency, either with single or separate units. Submittal of proPosed equal items, demonstrating equivalency, is required prior to providing the item, as described in Section 8-03 of the Specifications. The City reserves the right to reject 'equal" Items which in its opinion require too complex operating procedures or too many different pieces of equipment." ° Clarification regarding Section 18-04, 'Testing and Quality Control" of the Special Provisions: Bidders are advised that the required 90% relative compaction for pipe backfill within trenches is not of a critical nature given the location of the piping. The Owner is more interested in having the Contractor supply sufficient effort to compact the trench back'fill to minimize settlement over the pipe than in achieving~ompaction results of 90 or better. If the Contractor diligently provides adequate compaction effort to produce firm pipe backfill, the Owner will not require trench backfill compaction_tests. This concludes the modifications, changes or clarifications made by the issuance of this Addendum. The bid opening date of June 25, 1997 shall not be changed by reason of the issuance of the Addendum. If you submit a bid, acknowledgment of the Addendum 'shall be indicated by signing this Addendum and it must be submitted with the bid proposal. . BIDDER'S ACKNOWLEDGMENT:: I hereby acknowledge that I have received this Addendum No. 1 and have reviewed and considered it before submitting my bid. ~i~~d: - i ......... ~t~] -- ' ..... --~ ~ i I RHK;kk B: '~ ~AGR. E l M E NTStlC~,S Exx'rKA.~D Page 2 of 2 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR Perimeter Gas-Extraction System, City of Ukiah Landf'dl Specification No. 97-06 The undersigned, as Bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Uk.iah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. BASE-BID ITEMS Item No. Description Quantity Unit S/Unit Total 1. Mobilization 1 LS 2. Field Engineering 1 LS ceOoq 9'Do O0 ~.¢'0. 3. Site Grading and Earthwork 1 LS __43-. ._ ~-- 4. Io" ltl" diameter borehole 1009 LF ~,.~, 5. 2" PVC Screen Casing 669 LF 6. 2" PVC Blank Casing 335 LF /, Spec. No. 97-06 CC:/Ukiah/Gasdcs/specv 1/gensp50.doc 7. Pea Gravel Filter Pack 687 LF 8. Bentonite Grout Barrier 9 EA (.oo. 9. Annular Seal 340 LF ?~,, 10. Well-Head Assembly 9 EA /~O. 11. Well-Head Vault 9 EA 12. 6" HDPE Pipe 2780 LF 13. 2" HDPE Lateral 18 EA 14. Monitoring well box for 2' stub 8 EA /t~,, ~ ~6z't9, o-o 15. Condensate System 1 LS /~'/,33~ 16. Blower Shed Pad 1 LS ,g6,~/o, ora Z G %0, oo 17. Blower Shed 1 LS 18. Mechanical 1 LS 19. Electrical 1 LS //~/~j,~.~,9 /~'/c~'96~', ~' 20. Gas-Testing Device 1 LS TO AL ENGINEER'S ESTIMATE OF QUANTITIES ADDmVE BID Ill, MS: ADD 8 SHALLOW WELLS Item No. Description Quantity Unit S/Unit Total 1. Site Grading and Earthwork I LS ~ ~:~- 2. /o" ltl' diameter borehole 380 LF 3. 2' PVC Screen Casing 300 LF ,.~, 4. 2' PVC Blank Casing S0 LF /. 5. Pea Gravel Filter Pack 316 LF 6. Bentonite Grout Barrier 8 EA 7. Annular Seal 56 LF /oT,tr~ t{ 7,~' 8. Well-Head Assembly 8 EA 9. Well-Head Vault 8 EA TOTAL c~/3(,., · TOTAL AMOUNT FOR BID In case of discrepancy between words and figures, the words shall prevail. Spec. No. 97-06 67 CC:/Uidah/Gasdes/specv 1/gensp50.doc We, the undersigned, acknowledge that the City Council reservces the right to reject any or all bids or to slsect the base bid plus any addative item or combination of addative items and to determine which proposal is, in its opinion, the lowest responsive bid of a responsible bidder and that which it deems to be in the best interest of the City to accept. The City Council alos reserves the right to waive any inforation not material to cost or performance in any proposal or bid and further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Wimess our hands this day of..~V~q-~x' o7t-¢Mr~ , 19~q[. Licensed in accordance with an act providing for the registration of Contractor's License No~-~[t h~'~/._~ , expiration date ~'L-31 -q ~1 THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Spec. No. 97-06 68 CC:/Ukiah/Gasde s/specv 1/gcnsp50.doc FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. Perimeter Gas-Extraction System, City of Ukiah Landfill (Sigha ' . Business Address: Place of Residence: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Spec. No. 97-06 69 CC:/Ukiah/Gasdes/spec v I/gensp50.doc WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured agaimt liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this oQ,~''T~ day of -~ tO t~ ~ Signature of Bidder, with Business Address: Cpec. No. 974)6 70 CC:/Ukiah/Gasdcs/spe, cv 1/gcnsp50.doc CERTIFICATION OF NONDISCRI~A~ON IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date 6-,~'~ 7'7 (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Spec. No. 97-06 CC:/Ukiah/Gasdes/specv 1/gcnsp50.doc LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisiom of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the conslxuction site in an amount in excess of one-half of 1 percent of the total bid and (la) the portion of the work to be done by each subcontractor. co. Spec. No. ~-06 72 CC:/Ukiah/Gasdes/specv 1/gensp50.doc STATF_M~iT OF EXPERI'F~NCE OF BIDDFI references that will enable the City Council to judge of his or her experience, sk~ and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. Spec. No. 97-06 73 CC :/Ukiah/Gasdes/specv 1/gcnsp50. doc SIGNATURE(S) OF BIDDER Accompanying this proposal is ~jd~"7~ '~o aa ~' (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the r~ames of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licemed in accordance with an act providing for the registration of Contractors: License No. ~c~ ~'~""-'<//3 · Signature(s) of Bidder: / NOTE: If bidder is a corporation, the legal _name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co- partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a parmership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated Spec. No. 974)6 74 CC:/Ukiah/Gasdes/specv 1/gcnsp50. doc ADDENDUM NO. 1 TO SPECIAL PROVISIONS FOR PERIMETER GAS EXTRACTION SYSTEM FOR THE CITY OF UKIAH LANDFILL SPECIFICATION NO. 97-06 This Addendum No. 1 modifies the indicated sections of the Special Provision and/or the Plans for the referenced Project, or provides clarifications and responses to questions raised during the bid period. , "Bidding Schedule", Item No. 4, "12" diameter borehole" shall read "10" diameter borehol~". This change is consistent with Detail 6, "Perimeter Well Detail" on Sheet G-7 of the Plans. Bidder is instructed to strikeout the number "12" and write in "10" on the bid schedule for Item No. 4. , Section 13-11.04, "Metal Work", of the Special Provisions is modified by the addition of the following: Roof and wall sheathing shall be either 24 gage or 26 gage BHP "Super Span", or approved equal. Finish color of sheathing shall be approved by Owner. , Detail 3, "Typical Header Trench", on Sheet G7 of the Plans is modified by the addition of the following: The minimum trench width for the 6" HDPE header may be reduced to 24". o Section 13-05, "Site Grading and Earthwork" of the Special Provisions is modified by the addition of the following: All earthwork required to construct the gas extraction well pads as shown in Detail 1, "Gas- Extraction Well Pad", on Sheet G7 of the Plans shall be performed by others. 5. Clarification regarding seepage collars: If nor.-granular onsite materials meeting the requirements of select native matedal are used as pipe backfill, seepage collars as specified in Section 13-06.6 of the Special Provisions will not be required. o Clarification regarding GEM 500 gas testing device specified in Section 13-13 of the Special Provisions: The gas testing device shall be equivalent to the Landtec GEM 500 as specified in the attached manufacturer's specification, labeled as Attachment "A". More than one single monitoring device may be required to provide an equivalent unit from other manufacturers. The names and addresses for Landtec and other manufacturers/suppliers of hand-held gas-monitoring equipment are as follows: Page 1 of 2 ,?~ ~ Landtec, 633 W. 5th Street, Los Angeles, CA 90071, (800) 821-0496 LFG&E, 9855 Prospect Avenue, Santee, CA 92071, (619) 596-9083 GasTech, 8407 Central Avenue, Newark, CA 94560, (510) 794-6201 Jensen Instruments (MSA Dist.), 345 Littlefield Ave., So. San Francisco, CA 94080, (415) 589-9720 The list of manufacturers and the attached specification are provided for the Contractor's information only. The City of Ukiah does not guarantee that the manufacturers listed are the only manufacturers of these devices or that they will be able to meet equivalency, either with single or separate units. Submittal of proposed equal items, demonstrating equivalency, is required prior to providing the item, as described in Section 8-03 of the Specifications. The City reserves the right to reject "equal" items which in its opinion require too complex operating procedures or too many different pieces of equipment." , Clarification regarding Section 13-04, "Testing and Quality Control" of the Special Provisions: Bidders are advised that the required 90% relative compaction for pipe backfill within trenches is not of a critical nature given the location of the piping. The Owner is more interested in having the Contractor supply sufficient effort to compact the trench backfill to minimize settlement over the pipe than in achieving compaction results of 90 or better. If the Contractor diligently provides adequate compaction effort to produce firm pipe backfill, the Owner will not require trench backfill compaction tests. This concludes the modifications, changes or clarifications made by the issuance of this Addendum. The bid opening date of June 25, 1997 shall not be changed by reason of the issuance of the Addendum. If you submit a bid, acknowledgment of the Addendum shall be indicated by signing this Addendum and it must be submitted with the bid proposal. BIDDER'S ACKNOWLEDGMENT: I hereby acknowledge that I have received this Addendum No. 1 and have reviewed and considered it before submitting my bid. Signed: _ - v - ~,.4z.~ Date: ~'~ ,,2Z7., / ~ ~ 7 RHK:kk B: I~GRE EME NTS~GASEXX'TRA. ADD Page 2 of 2 A AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BOULEVARD,.SUITE 916, LOS ANGELES, CAUFORNIA 90045 (310) 649-0090 7 BID BOND BOND NO. 3 3 3 8 9- 2 PREMIUM BBSU BID DATE: __6 / 2 5 / ~7 .. · · · KNOW ALL MEN BY THESE PRESENTS, That we, FerranhJ eOn~kruck4~n (hereinafter called Principal), as Principal, and AMERICA~I CONTRACTORS INDEMNITY COMPA. NY, a corporation, organized and existing under the laws of the State of California and authorized to transact a general surety busineSs in the State of Ca i ] f'orni a -' (hereinaffer called Surety), as Surety, are held and firmly bound unto e.h~ n-lt? hr' T~l~h (hereinafter called Obligee) in the penal sum of Ten Twenty Six Thousand and No/100 ....... .. percent ( 1 O - %) not to exceeed Dollars ($ ....2 6 ~ 0 0 0.0 0 for the payment of which the Principal and the Surety bind themselves, thei; heirs, executors., administratom, successors · and assigns, jointly a~d severally, firmly by these presents: ' · THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for install perimeter gas e×tractib, n system for 'the City of Ukiah :Landfill- . NOW, THEREFORE, if the said contract be awarded to the Principal and the Principal Shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful 'performance of the said contract; or if the Principal shall fail to d? so, pay the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect SIGNED, SEALED AND DATED THIS 2 3 rd DAY OF June ,19 ..97 . Ferranti Construction ~CAN CONTRACTO,~ INDEMNITY COMPANY in FactNa'n ~y Wallis - - ,tLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ~'a 'County of Sonoma' On ·June 23. 1997 beforeme, Pamela D. Puskarich, Notary Public, · Date . Name and Title of Officer (e.g.. 'Jane Doe, Notary Public") personally appeared Nancy 'T_,. WallJLS , Name(s) of Signer(s) [~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to i3e the person(s) whose name(s) is/are subscribed to the within instrumeRt and acknowledged to me that he/she/they executed the · same in his/her/their authorized capacity(les), 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. ' " PAMELA D. PUSKARICH COMM. #1067703 NOTARY PUBLIC- CALIFORNIA SONOMA COUNTY My Comm. Expires Aug. 3, 1999 WITNESS my hand and official seal. ,. Signature of Notary Public OPTIONAL ', Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document. Title or Type of D~)cument: Document Date: June RR.qT'I' 33RRQ-2 .. · . 23, 1997 Number of Pages: 3 Signer(s) Other Than Named Above: NOne Capacity(les) Claimed by Signer(s) Signer's Name: Nancy L. Wail-is []'Individual' [] Corporate Officer o Title(s): [] Partner--[] Limited [] General ~ Attorney-in-Fact [] Trustee· ~ Guardian or Conservator [] Other: Signer; Is Representing: ACIC Top of thumb here Signer's Name:. -I Individual 7-; Corporate Office. r Title(s): ;"-] Partner--[] Limited [] General ~ Attorney-in-Fact [] Trustee [] Guardian or Conservator ~ Other: Signer Is Representing: Top of thumb here 1994 National Notary Association · 8236 Remmet Ave,, P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 A AMERICAN CONTRACTORS INDEMNITY CX)MI'ANY ,- los Angeles. California PO%VER OF AWI'O R NEY KNOW Al.I. MEN IIY 'FIII.:SE I'RESENTS: Tha! AMERICJuN CONTRACFORS INDEMNI~' ~MP~. a California Corlmratiot~ (lis 'Cotnpat~b'"). and Itavi~g ils principal offi~ in ~s Angeles. California d~s Imreby ~nstilule and appoint: Nancy L. Wallis 'of Santa Rosa, California . . . as ils Iraq and lawfulAllorney(s~in-facl, inamount of.$ I _9~_~_001oexecule. seal and deliver for and on i~ ~half as suretv.~ny and all-bonds and unde~akings, re~i~nc~s~ ~-~t~c~ o~ indetnnily and otlmr w~tings obligato~ In the nature ll~ereof, wl~icls are or spy be allowS, requir~ or ~rmilled by law. siatule. ~le. re~lalion, eonlraet or olhe~ise, and ~e execution of sucl~ insirument(s) in pursuance of these presents, shall be as binding upon the said ~ERI~N CO~~CORS INDEMNI'~ COMPS. as fully and amply, to all inlenls and purposes, as if lhe same I{ad b~n duly exc~t~ at~d acknowledged by its ~larly el~t~ offi~rs at its principal orris. . TI{is Power of Attorney is execute, and may be ~ified to ~d may be revoke, pursuant to and by authofiW of resolutions adoptS, by tim Board of Dlrecto~ of.~ERI~ ~~~RS INDEMNI~ ~MP~, at a m~ting ~11~ and held'on- tl~e 6th day or De~m~v, 1990. .- - R~OLVED II,at the Chief Executive Officer. President or any vi~ President. Executive Vi~ President..~ecreta~ or ~sistant Secrela~, slmll have power and authority. - .. I. To al)~inl AIIome~s~in-fa~ and to aufl~o~ ~em 1o ~{e on ~l~rof II~e ~m~ny. a~ at~ ~e ~ of fl~e ~m~y I]~c~to. ~n~ and undefined. ~n~ ofindem~ly and oilier ~fin&m obli~mlo~ in fl~c natu~ limit ~d. -2. '1'o remove, at any time. any such Attorney-in-fact and revoke tl~e aulhorily-~ven. .. HI'ZSOI,%'EI) I"URTIIE}{. lltut tire sigqmture of such offi~rs and the seal of the Company may be affixed to any such power atior~my or any certificate relating IheHo by facsimile, and any such power of attorney or ~ificate bearing such facsimile si~alures or facsmile seal slmll be valid and binding upon the Company and any sucli power so executed and ce~ifi~ by ,facsimile sig~alures and facsimile seal slmll ~ Falid and binding upon the Con~[)~ny in I}~e fulure ~ih respect to any bond or undcriakit~fi to wl~icl~ ii is attached. ' . N WI'I'NESFI WI IER EOF. AM ERI~' CO~~RS INDEMNI'3~ COMP~N~ has ca~sed tills insl~ment to be si~ed and ils ~porale seal to be affixed by ils aull~ori~ officer lhis 1 day of ' Harch 19 - STATE OF CAI.IFOI{NIA COUN'I'Y OF LOS ANGEI,E.q - ~ A.M E R I C.A~I'O RS I N I) E.%IN ITY CO,M PANY Skipper . . .... ~ ...... , / O,, March 1, 1996 l,erore,ne. Deborah Reese .personally apl,cared Skipper G. Baumgarren ~4~ers~mally.known to mc - OR -[] proved to me on the basis of satisfactory evidence to be the person(s) ~vi~e name(s) is/are subscribed to tl~e willlin irfsir'ument and acknowlc, dged to me that he./ghe/tlley execuled the .~an~e in his/l~er/lh&ir authorized capacily(ics), arid Ilmt by llis/ller/llleir sig~mlt're(s) on the instrument the person(s), or tim entity upon behalf of Which tile I)crso~(s) acfe~l, e~xecuied tile i~lsfm~menl. . CE RTl FICA'FI 0 N ~ k.'~./ ~os Ar,~:~S COUNW r-- · ~ ~ My Comm. £xpires JAN 16. 1999 ~ I. ti',,: ut,tlersig~,c~! officer of A.M I'.'R ICAN CONTRA(.?I'OiiS INI)EMN~TY CO.MI)ANY (Io lwreiay curlify tlial I l~ave co~nl)ared tim fort:goi~g col,y of rise Power ~f Attor~lcy and affidavit, a~i,l tl~e copy of tl~e resoluli~ adoi,ted by tim Board of Directors of said Co~p;,~,y as ..4,,I fm'tl~ i~ sai, I I'ower of Allor~sev.. willl tim ORIGINALS ON FILE IN TIlE IIOME OFFICE OF SAID a:,d Il,:,! s;,,,,t: are ¢'orrecl lra,lsc, ril,ls ll~ereof,~ld of tl~e wlsole of tile said originals, and tlsat tl~e sate! Power of Attorney has :so! bc,:~ revok,.vd u~ld is ~lo,.-.' i,, full force and effect. '~l 23rd UKIAH OFFICE 880 NORTH BUSH ~TREET UKIAH. CA 95482 (707)463-4466 FAX (707)463-4038 FORT BRAGG OFFICE i 20 WF..,TI' FIR STREET FORT BRAOG, CA 95437 C~oD ~-47 ! 3 COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH DMSION OF ENVIRONMENTAL HEALTH STIPULATED ORDER OF COMPLIANCE AND AGREEMENT #96-01 UKIAH SOLID WASTE DISPOSAL BITE #23-AA-0019 TO: June 18, 1996 FRED SCHNEITER MAYOR CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 CANDACE HORSLEY UKIAH CITY MANAGER 300 SEMINARY AVENUE UKIAH, CA 95482-5400 FROM: JOHN D. ROGERS, DIRECTOR MENDOCINO COUNTY DEPARTMENT OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH LOCAL ENFORCEMENT AGENCY 880 N. BUSH ST. UKIAH, CA 95482 RE: CITY OF UKIAH SOLID WASTE DISPOSAL SITE 23-AA-0019 SE 1/4 SECTION 10, T15N, R12W, MDB&M Located the end of VICHY SPRINGS RD UKIAH, CA 95482 A) STATE MINIMUM STANDARDS VIOLATION 1. 14CCR Section 17258.23 Explosive Gases Control The City of Ukiah has installed five gas monitoring wells along the southern and western landfill property boundary beginning in July 1994 with construction complete by September 1994. Quarterly monitoring of ~the gas wells has revealed combustible gas levels above the lower explosive limit in gas monitoring wells number 3 and 4 verified in monitoring conducted on January 25, 1996. B) SPECIFIC ACTION Pursuant to 14 CCR Section 17258.23 the City of Ukiah developed a remediation plan submitted to the Local Enforcement Agency on March 7, 1996 and forwarded to the California Integrated Waste Management Board. On May 9, 1996, the City of Ukiah submitted a schedule for completing the perimeter gas monitoring network and implementing a gas migration corrective action. C) CONDITIONS: The City of Ukiah will meet the following conditions: 1. Revise the November 1994 Gas Migration and Corrective Action Plan. The contract is to be awarded by July 17, 1996. The revised plan is to be submitted to the LEA by September 13, 1996. 2. Develop design for gas migration corrective action measure and PS&E preparation. The contract is to be awarded by March 5, 1997. The design and PS&E are to be completed by May 9, 1997. 3. Implement corrective action for gas migration. The contract is to be awarded by July 2, 1997. Construction of corrective action measures is to be completed by October 31, 1997. 4. Construct the five remaining gas monitoring wells that will serve as points of compliance along the north and eastern perimeter of waste footprint. The public bid process is to be completed by July 19, 1996. The contract is to be awarded by August 7, 1996. Construction of the wells is to be completed by October 15, 1996. Failure to comply with the conditions and deadlines contained in this Stipulated Order of Compliance and Agreement and/or failure to take prompt corrective action when required by the LEA may lead to civil penalties pursuant to Public Resources Code Section 45200. Page 2 of 5 Compliance Date Chart 23- AA-0019 , CITY OF UKIAH-June 18, 1996 Action/Condition Award Contract For Revised Gas Migration Corrective Action Plan Submit Revised Gas Migration and Corrective Action Plan Award Contract For Design of Gas Migration Corrective Action Measure and PS&E Preparation Complete Design for Gas Migration Corrective Action Measure And PS&E Award Contract For Construction of Gas Migration Corrective Action Measure Complete Construction of Corrective Action Measure Complete Public Bid Process For Construction of Gas Monitorin~l Wells Award Contract For Construction of Gas Monitoring Wells Complete Construction of Gas Monitorin~l Wells Dua 7/17/96 9/13/96 3/5/97 5/9/97 7~2~97 1 O/31/97 7/19/96 8/7/96 10/15/96 Submitted Accepted Page 3 of 5 The parties agree that as long as Owner/Operator complies with the interim operating conditions set forth herein, the Mendocino County Division of Environmental Health shall ~take no other or further enforcement action against the Owner/Operator or its officers, agents, or employees with respect to the violations described in this Stipulated Agreement. OWNER/OPERATOR: City of Ukiah Fred Schneiter Mayor of Ukiah Date: ' ~0] /~~ Candace Horsley Ukiah City Manager Date: L""-~'~ { LOCAL ENFORCEMENT AGENCY: MENDOCINO COUNTY DEPT. OF PUBLIC HEALTH DIVISION OF ENVIRONMENTAL HEALTH John D. Rogers, Director Division of Environmental Health Local Enforcement Agency Date: ENVIRONMENTAL RESOLUTIONS, INC. STATEMENT OF QUALIFICATIONS Project: Client: Location: Description: Treatment of Industrial Wastewater to Remove Oil and Toxic Organics Industrial Laundry Los Angeles County, California ERI designed and installed a wastewater treatment system for a large industrial laundry. The laundry was discharging 35,000 gallons of wastewater that was exceeding the county limits in oil, grease, and total toxic organics. ERI conducted a feasibility study which revealed that the wastewater could be segregated and then treated, which would reduce the treatment system installation and operating costs. This meant that the waste products could also be recycled inexpensively instead of using the conventional method of costly landfilling. ERI's engineers designed and installed the system in less than 2 months. The wastewater was brought into compliance, the waste product is recycled, and ERI monitors the system frequently to keep it operating smoothly and cost-effectively. Project: Client: Location: Description: Waste Reduction and Water Reuse Services Large Hospital Laundry Los Angeles, California ERI conducted a feasibility study for a large hospital laundry that needed to reduce its water usage. ERI helped the laundry cut its water usage by a total of 40%. A 20% reduction was achieved through changes in the production methods while an ERI design of a water reuse system enabled the client to recycle an additional 20% of the water. The hospital is now safely within its water usage limits and its sewer surcharges have been reduced.